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 November 11, 2002 Capital Budget Work Session were submitted for approval. A motion was made by Alderman Lembke and seconded by Alderman Anderson to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the November 11, 2002 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Suozzi and seconded by Alderman Buermann 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 Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3198. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3198 was read for the first time.

A motion was made by Alderman Easter and seconded by Alderman Buermann for a second reading of Bill No. 3198. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3198 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3198 with the following results:

Ayes – Easter, Buermann, Suozzi, Gatton, Lembke, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3198 approved and it became Ordinance No. 02-55.

Mayor Jones said the capital improvement plan for 2003 has been set at $9,853,717, compared to $10,335,254 in 2002. It is expected to have the same amount to work within 2002 for all departments except Parks and Recreation. As a result of voter approval of the half cent parks sales tax and the commitment to apply all related revenues to this department, these dollars will apply exclusively to parks capital and related debt retirement. The total debt payment requirement for 2003 is $1,778,531.36, which represents 18% of the budget. This commitment includes repayment on the 1992 bond issue which was applied to street improvements and construction of The Pointe, $1,035,052.50, as well as the new debt for construction of the outdoor family aquatic center, $743,478.86. The capital budgets for police and administration were capped below 2002 expenditure levels. This action, coupled with retirement of the 1998 debt issue and independent park financing has enabled Ballwin to significantly increase spending for street improvements in 2003. The Manchester Road sidewalk project is subject to voter approval to assess a 30% local match for construction. The Olde Towne sidewalk project, which would extend pedestrian access along the north side of Manchester Road to Seven Trails Drive will be funded with a 78% federal grant. A separate application for funding the sidewalk on Ries Road is subject to easement acquisition and subsequent grant approval.

BILL # 3199 - AN ORDINANCE ESTABLISHING THE MANCHESTER ROAD SPECIAL BUSINESS DISTRICT PURSUANT TO SECTIONS 71.790 THROUGH 71.808 OF THE REVISED STATUTES OF MISSOURI, SETTING ITS BOUNDARIES, TAX RATE, INITIAL RATE OF LEVY SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS, BONDING AUTHORITY, AND USES TO WHICH TAX REVENUE MAY BE PUT, CREATING AN ADVISORY BOARD OF COMMISSIONERS; AND CONTAINING SEVERABILITY AND EFFECTIVENESS CLAUSES IN THE CITY OF BALLWIN.

A motion was made by Alderman Suozzi and seconded by Alderman Anderson for a first reading of Bill No. 3199. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3199 was read for the first time.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3199. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3199 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3199 with the following results: Ayes – Buermann, Lembke, Gatton, Anderson, Suozzi, Easter. Nays – None. Whereupon Mayor Jones declared Bill No. 3199 approved and it became Ordinance No. 02-56.

A RESOLUTION OF SUPPORT BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN TO APPLY FOR THE "RIES ROAD SIDEWALK PROJECT", UNDER THE TRANSPORTATION ENHANCEMENT PROGRAM OF THE MISSOURI DEPARTMENT OF TRANSPORTATION.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton to pass the Ries Road Sidewalk Resolution. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

BILL # 3200 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO WOLFE AUTOMOTIVE, DBA BALLWIN AUTO PLAZA, FOR FRONT YARD PARKING AND MOTOR VEHICLE REPAIR.

Mayor Jones said this is an amendment to the Special Use Exception that was originally granted. This came before the meeting of the Ballwin Planning and Zoning Commission on November 4, 2002. It was recommended unanimously to approve SUE 02-05.

A motion was made by Alderman Anderson and seconded by Alderman Lembke for a first reading of Bill No. 3200. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3200 was read for the first time.

Mr. Eric Schmidt, representing Wolfe Automotive, was present to answer questions. Mr. Schmidt described the circular traffic flow that would be possible even without one easement that was not conveyed.

Mayor Jones said an MSD permit has not yet been issued. MSD said that as soon as Ballwin approves it, they will give their approval. Ballwin says as soon as MSD gives approval, then Ballwin will also give approval.

Assistant City Administrator Aiken said the issue has to do with easements on adjoining property at the southeast corner of the site for completion of the storm water work. Wolf Automotive has asked that Ballwin approve the building permit for the building on the belief that this easement issue will be resolved. Alderman Easter said she does not think Ballwin should issue approval until MSD has done their approval. This is the way it has been done in the past.

Mr. Schmidt said they will continue to make a good-faith effort to make sure all of the easement agreements are signed. He said it is hoped that within a month to be able to go back to the lot owners and present MSD’s requirements. Assistant City Administrator Aiken said he does not recall Ballwin ever granting approval before MSD. Mayor Jones said the petitioner will have to satisfy MSD standards before they get MSD final approval. Alderman Suozzi asked if Ballwin could issue a "stop work order" if MSD approval has not been received. Alderman Buermann suggested that the ordinance be amended to impose a 30-day timeframe for obtaining MSD approval.

Mayor Jones said an additional paragraph in the ordinance on the S.U.E. conditions would say that MSD approval must be obtained within 30 days. Alderman Suozzi is concerned that a hardship has been experienced because of the other easement problem and it’s been sitting a while. City Attorney Lucchesi said that the special use exception could be amended to state prior to the issuance of the building permit. They could do the grading but the building permit could not be issues. Assistant City Administrator Aiken said they want the building permit so that they can start the footings and foundation.

Alderman Gatton suggested and Alderman Lembke agreed that Ballwin provide conditional approval of the Special Use Exception conditioned upon Wolf Automotive not receiving an occupancy permit unless satisfactory approval is received from MSD for the project. City Attorney Lucchesi stated that Item 18 would read as follows: "MSD approval is obtained and evidence of such approval is provided to the City Engineer not later than the completion of footing and foundation work for this project."

Assistant City Administrator Aiken said that if they are allowed to move forward with construction on the site and the parking lot, the detention basin needs to be built and the site piped to and from the detention basin, otherwise there will definitely be a flooding problem.

Mr. Schmidt said they are asking for the permit to start on the footings and foundation. Alderman Robinson agreed that the S.U.E. should be limited to that specific language.

Alderman Easter said she is not satisfied with this amendment because it sounds like Ballwin is going to try to get MSD’s approval, but if MSD’s approval is not obtained, the footing and foundation will go forward. She asked at that point, if construction would go forward without MSD’s approval. She said Ballwin’s building permits are based upon MSD approval and she believes this should continue.

A motion was made by Alderman Gatton and seconded by Alderman Lembke for a second reading of Bill No. 3200, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3200 was read for the second time.

Mayor Jones said the findings must be made that this petition would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over-tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3200 with the following results: Ayes – Gatton, Robinson, Suozzi, Lembke, Buermann. Nays – Easter, Anderson. Whereupon Mayor Jones declared Bill No. 3200 approved by a vote of 5-2 and it became Ordinance No. 02-57.