Board of Aldermen Meeting

Meeting Agenda

Meeting Minutes

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

The Pledge of Allegiance was given.

The Minutes of the February 24, 2003 Public Works Committee meeting were submitted for approval. A motion was made by Alderman Gatton and seconded by Alderman Suozzi to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the February 24, 2003 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Easter and seconded by Alderman Lembke to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

CITIZEN COMMENTS

None.

PUBLIC HEARINGS

None.

LEGISLATION

A motion was made by Alderman Easter and seconded by Alderman Anderson for a first reading of Bill No. 3218. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3218 was read for the first time.

Mayor Jones said this item was on the Ballwin Zoning Commission meeting agenda on February 3. The Commission recommended against this site plan amendment. Alderman McDowell said that the approved plan is burdensome to the condominium owners. He said the trail is located at the edge of the decks. The problem is with the wording of the R-4 ordinance, which requires 15% of recreational space. Telling the developer that he has to build this trail would not be in the best interest of the residents. He believes that leaving the trail as grass and not requiring the use of mulch is the best approach.

Mayor Jones said the Planning and Zoning Commission unanimously recommended rejection of this proposal. The Board of Aldermen does not have the administrative right to approve the alternate plan or waive the recreational requirement because it is a requirement for recreational opportunity. He said the Board of Adjustment could review this if the developer would file a petition to consider this as a variance.

Alderman Easter agrees with the residents’ concerns. She said the developer should be held responsible to do what he said he would do. She suggested that he be required to contribute the $3,500 that it would cost to build the trail to a sidewalk fund instead of building the trail. City Attorney Lucchesi said under the present ordinance, this cannot be done. Alderman McDowell said this would not have to be resubmitted to the Board. This would only be a variance to the development plan.

City Attorney Lucchesi believes that the Board should require the developer to build the trail. He does not think it will harm anybody’s property a year from now. Alderman McDowell said the regrading may create drainage problems.

Alderman Easter said this is a trail that wouldn’t be used by anyone except the property owners and they don’t want it. She said the plan should never have been approved to put the trail that close to the homes. Alderman Suozzi said if this developer is let off the hook, what will the next developer be allowed to do. Alderman Gatton said the money could be put to better use than building a trail that the owners don’t want.

Assistant City Administrator Aiken said the total area that the trail occupies just barely meets the 15% recreational requirement. He said the ordinance doesn’t say the trail has to be a mulch trail, just a walking trail.

Alderman Easter asked if the residents could go to the Board of Adjustment and request a variance or would the developer have to make this request. City Attorney Lucchesi said the owner could make the request as long as it conforms to the ordinance. Alderman McDowell said that since the residents in Holloway Ridge don’t want the trail, the developer should not be forced to build the trail that nobody wants. City Attorney Lucchesi said there are other major items that the developer has not resolved that are more important than the trail. Alderman Easter asked why the trail issue was brought to the Board of Aldermen if this is the case. Mayor Jones said any petitioner has a right to be heard. Alderman Gatton said he agrees with Alderman McDowell that this is an issue for consideration by the Board of Adjustment. He recommended that the developer submit a petition to the Board of Adjustment.

Alderman Buermann suggested telling the developer that the retaining wall and streets need to be completed. The alternative is that he could go before the Board of Adjustment. Perhaps a resolution could be determined before the next Board meeting. Mayor Jones said that the ordinance should not be changed just to suit this particular petition, which would affect the entire zoning classification. Alderman Easter said she would like to see the developer held responsible, in some fashion, for what he needs to do. Alderman Lembke said the issue should be put back in the hands of the developer because it is his responsibility.

Alderman Lembke suggested that Bill # 3218 be tabled for future consideration. The Board was in agreement. Mayor Jones declared Bill No. 3218 tabled.

BILL # 3222

A motion was made by Alderman Anderson and seconded by Alderman Gatton for a first reading of Bill No. 3222. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3222 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3222. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3222 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3222 with the following results: Ayes – Suozzi, Robinson, Easter, Lembke, Buermann, Anderson, McDowell, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3222 approved and it became Ordinance No. 03-18.

BILL # 3223

A motion was made by Alderman Lembke and seconded by Alderman Easter for a first reading of Bill No. 3223. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3223 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3223. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3223 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3223 with the following results: Ayes – Robinson, Easter, Buermann, Lembke, McDowell, Suozzi, Anderson, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3223 approved and it became Ordinance No. 03-19.

BILL # 3224

A motion was made by Alderman Lembke and seconded by Alderman Gatton for a first reading of Bill No. 3224. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3224 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3224. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3224 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3224 with the following results: Ayes – Suozzi, Easter, Robinson, McDowell, Lembke, Buermann, Gatton, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3224 approved and it became Ordinance No. 03-20.

CONSENT ITEMS

A. Van Lease

B. Pavement Assessment

C. Parks Mower

D. North Pointe Lockers

E. Golf Course Sprayer

F. Water Easement

G. Pool Change

H. Big Bend Landscaping

A motion was made