The meeting was called to order by Mayor Jones at 7:00 p.m. 

 

The Pledge of Allegiance was given. 

 

Mayor Jones asked for a moment of silence for Ballwin resident Katie Brooks who died on a field trip to Chicago this past week.   

The Minutes of the April 26, Aldermanic Retreat were submitted for approval.  A motion was made by Alderman Anderson and seconded by Alderman Gatton to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

The Minutes of the April 28, 2003 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Easter and seconded by Alderman Gatton to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

 

Mr. Dan Sidoti, Ballwin’s representative to the Extension Service Council, thanked Representative St. Onge for his efforts in the elimination of the Kehrs Mill/Clayton Road round-about.  He suggested that MoDOT build a median parkway along Clayton Road to help with traffic calming.  Mr. Sidoti gave a brief history of the Extension Service.  He thanked Human Resource Coordinator Haley Morrison for helping with his communication with the Board and the residents.   

 

Lynn Goetz, 14706 Clayton Road:  Mr. Goetz said it that when calling Midwest Waste, it is very difficult to get to talk to a person.  Midwest Waste should be expected to provide the service that is being paid for. 

Dan Sidoti said that he believes the “Sound Off” column in the “Press Journal” is a trash column.  He said if people have a grievance against the Mayor or city officials, they should come to the Board meeting and express their complaints instead of doing so anonymously in the newspaper.   

 

None. 

 

BILL # 3230 - AN ORDINANCE AMENDING SECTION 24-4 ENTITLED "STREET AND SIDEWALK CONSTRUCTION GENERALLY," BY A REVISION OF SUB SECTION (A) TO PROVIDE FOR TWENTY FOOT DIAMETER CUL-DE-SAC CONSTRUCTION IN THE CODE OF ORDINANCES OF THE CITY OF BALLWIN. 

A motion was made by Alderman Easter and seconded by Alderman Lembke for a first reading of Bill No. 3230.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3230 was read for the first time. 

Alderman Gatton asked if it is the intent to specify that the diameter must be precisely 20 feet, at least 20 feet, or no more than 20 feet.  City Engineer Kramer said the intent is to be 20 feet, no more, no less. 

A motion was made by Alderman Robinson and seconded by Alderman Easter for a second reading of Bill No. 3230.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3230 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3230 with the following results:  Ayes – Robinson, Easter, Anderson, Suozzi, McDowell, Lembke, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3230 approved and it became Ordinance No. 03-26. 

BILL # 3231 - AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING CERTAIN USER FEES. 

A motion was made by Alderman Lembke and seconded by Alderman Anderson for a first reading of Bill No. 3231.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3231 was read for the first time. 

A motion was made by Alderman McDowell and seconded by Alderman Lembke for a second reading of Bill No. 3231.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3231 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3231 with the following results:  Ayes – McDowell, Robinson, Suozzi, Lembke, Easter, Gatton, Anderson.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3231 approved and it became Ordinance No. 03-27. 

BILL # 3232 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO BDT IMPORTS, LLC.    D/B/A BRAZIE’S IMPORTS & DELI, FOR A RESTAURANT WITH CARRYOUT. 

Mayor Jones said this issue was on the agenda of the Planning and Zoning Commission on May 5.  The commission members present voted unanimously to recommend approval of this Special Use Exception petition with the seating capacity limited to 16.   

A motion was made by Alderman Anderson and seconded by Alderman Suozzi for a first reading of Bill No. 3232.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3232 was read for the first time. 

A motion was made by Alderman Suozzi and seconded by Alderman Easter for a second reading of Bill No. 3232.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3232 was read for the second time. 

Mayor Jones said this is a petition for a Special Use Exception.  In order to make a favorable finding, this Board must determine that the petition will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the petition is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted developments and uses of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area. 

A roll call was taken for passage and approval of Bill No. 3232 with the following results:  Ayes – Suozzi, McDowell, Anderson, Lembke, Robinson, Easter, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3232 approved and it became Ordinance No. 03-28. 

 

A. City Calendar

B. Surplus Vehicles

C. Truck Cab and Chassis

D. Nova Chip

E. Claymont Place Street Acceptance

F. Clayton Ridge Parking

G. Record Destruction 

Alderman Suozzi asked that Item F, Clayton Ridge Parking, be removed for discussion.  Mayor Jones said Clayton Ridge Parking will be discussed under the City Administrator’s report. 

City Administrator Kuntz said that record destruction and detention is done in compliance with the State law.  

A motion was made by Alderman Gatton and seconded by Alderman Robinson to adopt the consent items A-E and Item G.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

 

Future Meetings:  Mayor Jones proposed cancellation of the first meetings in July and August so that vacations can be planned and since agendas are usually lighter during that time. 

A motion was made by Alderman Robinson and seconded by Alderman Suozzi to cancel the July 14 and August 11 Board of Aldermen meetings.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

Board and Commission Term Expirations:  Mayor Jones said that Jim Cox, Chairman of the Planning and Zoning Commission, has retired his commission.  He recommended Mike Boland, who is currently a member of the Planning and Zoning Commission, be appointed as the new chairman.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

Mayor Jones said that Frank Rogers term of office on the Planning and Zoning Commission is also expiring in May, 2003.  Mayor Jones said that this appointment should be deferred to the next meeting so that he can speak with Mr. Rogers regarding his serving another term.   

 

Clayton Ridge Parking:  City Administrator Kuntz said Dr. O’Brien has requested a change to the parking restrictions along Clayton Ridge Drive because it is sometimes difficult for his patients to find parking spaces in his parking lot.  Alderman Suozzi asked if there is a way to allow this commercial parking without it impacting the adjoining residential neighborhood.  The parking prohibition was primarily imposed due to evening parking problems with Enigma nightclub patron overflow.  Regarding the evening parking, Police Chief Biederman said the only problem the doctor’s patients would have would be Thursday evening.  Alderman Suozzi said the doctor wants parking on the south side but believes that allowing such parking on the north side would have less impact on the residential neighborhood.  Police Chief Biederman said the traffic flow and how people enter the building has not been studied.  Alderman Robinson asked if the Trustees of the Clayton Ridge Subdivision know that an amendment is being considered.  Alderman Suozzi said they do not.  Alderman Robinson said he wants to know that the trustees have been advised about this proposed change before going forward with drafting legislation.  The Board agreed. 

Salaries and Fringes:  City Administrator Kuntz said that no salary adjustments were authorized for 2003.  It is proposed that in lieu of salary adjustments, 2 additional personal days be granted to full-time employees and one day be granted for full-time employees with less than one year of service and for qualifying part-time employees.  This would be on a one-time basis.  He also recommended that the compensation effective date be permanently adjusted to January 1.  This will change the cycle from the July 1 effective date to the more traditional January 1.  This gives a better handle on the budget situation and better comparative data from other cities.  The recommendations require aldermanic approval.  City Administrator Kuntz said that if this is approved, he will tell the employees as soon as possible so they have the widest window possible to schedule the two days because they will be lost after January 1 if not used.   

A motion was made by Alderman Gatton and seconded by Alderman Anderson to approve the additional personal days for 2003 and adjusting the compensation effective date to January 1.  A voice vote was taken with a unanimous affirmative vote and the motion was declared passed. 

Policy Manual changes:  City Administrator Kuntz said that at the April 26 Retreat, a series of fringe benefits reviewed in the employee survey was discussed.  This was regarding the use of the facilities, holiday issue, and sick leave.  This is an amendment to the Policy Manual so approval requires a 2/3 majority approval of the Board. 

A motion was made by Alderman Lembke and seconded by Alderman Suozzi to amend the Policy Manuals to incorporate the changes.  A voice vote was taken with a unanimous affirmative vote and the motion was declared passed. 

Street Creep:  City Administrator Kuntz said a uniform policy on this issue should be established by the Board.  Mayor Jones said he received a call from a resident who was happy with the City for making a 3-inch cut and inserted an expansion joint.  He suggested a policy wherein all cases of alleged street creep, the City will attempt to determine whether the roadway pavement is impacting the drive.  If in the opinion of the City Engineer that situation exists, the City will, at its expense, install an expansion joint, and will assume no further liability and take no further action.   

City Attorney Lucchesi said this is more of a public relations problem than a legal problem.  There is no liability as long as the roadway pavement stays within the right-of-way.   

Alderman Easter asked what happens to the board or foam.  City Engineer Kramer said he has examined 6 alleged street creep situations since March.  On all of these, the foam or fiber board that is typically inserted between the driveway and the curb has not been compressed.  In his opinion, there was no evidence of street creep.  He said that these claims usually come from the inspector for the buyer of a house who are looking for an explanation for why the back wall or the foundation wall behind the garage is cracked.  There could be other causes.  If visible signs of street creep are not there, the City shouldn’t have to do anything about it.   

Petitioning Fees:  City Administrator Kuntz said this is regarding the Petitioning fees that will be placed on the November ballot as they relate to business licenses and other fees.  Since this will be a ballot initiative, it is suggested looking long term at some of the numbers so that 12 months from now there isn’t an insufficient amount of revenue to cover the cost.  If this schedule or an alternate schedule meets with Board approval, ballot language will be needed.   

Alderman Lembke asked if the ballot language could include an escalating factor related to the consumer price index.  City Attorney Lucchesi said no.   

A motion was made by Alderman Lembke and seconded by Alderman Easter to draft legislation to put the petitioning fees on the November ballot.  A voice vote was taken with a unanimous affirmative vote and the motion was declared passed. 

Mosquito Prevention:  City Administrator Kuntz said it is proposed that the infestation potential, such as standing water that commonly is associated with the breeding of mosquitoes, be considered and addressed by the code.  If a situation is reported, there will be a way to deal with it promptly and effectively.  Specific language should be incorporated into the legislation.  The purpose is to protect the residents from the vermin nuisances such as the West Nile virus.  Boat covers, swimming pools, anything that could contribute to the breeding of mosquitoes could be addressed promptly and eliminate the hazard.   

A motion was made by Alderman Gatton and seconded by Alderman Anderson to draft legislation to change the code.  A voice vote was taken with a unanimous affirmative vote and the motion was declared passed. 

 

Olde Towne Phase II:  City Attorney Lucchesi asked for a closed session to discuss real estate.   

Funding Legislation:  City Attorney Lucchesi said the draft ordinance can also be discussed in closed session. 

Music Licensing:  City Attorney Lucchesi said that letters from licensing companies have been received regarding the music being played for the patrons such as The Pointe and North Pointe.  It would be less expensive to use Muzak or some similar company, which pays the fees and will provide the music.  Taking on a license every year is a lot more expensive.  Providing music throughout the facility for the patrons is a potential copyright infringement.  City Administrator Kuntz said that music on hold has been suspended pending a resolution.  Alderman Lembke said there is a local company who would prepare specific tapes for on hold for the phone system.  This would also give information about the City of Ballwin.   

Alderman Suozzi asked if TV viewing will have to be licensed.  City Attorney Lucchesi said some of the sports bars have been hit with copyright infringements on some of the games that were blacked out.   

Alderman Anderson asked Director of Parks and Recreation Bruer about the music played at The Pointe.  She said music is played on the cardio theater.  The licensing organizations don’t seem to care about music for aerobics because that is a self-contained system in one room.  It is planned to play music at the North Pointe.   

Mayor Jones suggested approaching the licensing organizations as a group with other cities.  Perhaps a better licensing fee can be agreed upon.  He said he would discuss the matter with the Mayors from the Lafayette Area Mayors’ Organization and report back to the Board. 

 

A motion was made by Alderman Gatton and seconded by Alderman Lembke to adjourn to closed session to discuss real estate.  A roll call vote was taken with a unanimous affirmative result and the open session was adjourned at 7:55 p.m. 

The Board reconvened in open session at 9:11 p.m.  Mayor Jones announced that the Board had met in closed session to discuss matters of real estate acquisition and sale.  The Board took no votes and made no decisions in the closed session, except to adjourn.  A motion was made by Alderman Gatton and seconded by Alderman McDowell to adjourn the closed session.  A roll call vote was taken with a unanimous affirmative result and the closed session was adjourned at 9:10 p.m. 

A motion was made by Alderman Robinson and seconded by Alderman McDowell that legislation be prepared for the next Board meeting to establish procedures for the creation of a 353 redevelopment corporation and to establish a 353 redevelopment corporation.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

A motion was made by Alderman Easter and seconded by Alderman Lembke to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:13 p.m. 

MC