Board of Aldermen Meeting

Meeting Agenda

Meeting Minutes

RECORD OF PROCEEDINGS

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

PRESENT	ABSENT
Mayor Robert E. Jones
Alderman Kay Easter
Alderman Press McDowell
Alderman Kenneth W. Buermann
Alderman Jane Suozzi
Alderman James Robinson
Alderman Bruce Anderson
Alderman Charles Gatton
Alderman Ray Lembke
City Administrator Robert Kuntz
City Attorney Lionel Lucchesi

The Pledge of Allegiance was given.

The Minutes of the August 26, 2002 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Anderson 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.

Proclamation re September 11

Proclamation re Ballwin Resident, Peggy Shores

Introduction of Deputy Director of Public Works

: City Engineer Gary Kramer introduced to the Board, Art Levoy, who has been promoted to the new position of Deputy Director of Public Works.: Mayor Jones read a Proclamation recognizing Ballwin resident Peggy Shores for being crowned "Ms. Missouri Senior America 2002", and wished her well as she competed for the title of "Ms. Senior America" on November 10 in Biloxi, Mississippi.: Mayor Jones read a Proclamation recognizing and remembering the one-year anniversary of the September 11, 2001 terrorist attack on our country, and requested that all city flags be lowered to half staff on that day.

CITIZEN COMMENTS

Rob Epstein, 88 Meadowbrook Country Club Estates

Jeff Tayloe, 923 Crestland

Tony Zafiropoulesz, 2670 Clarkson Road

Lynn Goetz, 14706 Clayton Road

Alderman Gatton requested that Bill # 3182 be moved from the Legislation section of the agenda and considered at this time. Mayor Jones agreed and said that this bill had a first reading at the August 26 meeting but failed to receive a second reading, which is required by law. Mayor Jones then asked if there was a motion for a second reading of Bill # 3182. There was no motion for a second reading, and Mayor Jones said there will be no further action on Bill # 3182 and it will be dropped from the agenda.

Vicki Czapla, 108 Birchwood

Stan Murray,

Stephanie Rapier, 208 Spooners Mill, Danbury Subdivision Trustee

: Ms. Rapier said there is a problem with dogs left in front yards. She asked the Board to give some additional thought to this problem.: Mr. Murray said he believes that the existing laws regarding restraining dogs is sufficient to deal with this issue. He does not believe that Bill 3182 is necessary. He does not believe that it is in the interest of the public for everyone to suffer because of one person being injured. This bill would not be in the good interest of everyone.: Ms. Czapla expressed her appreciation for the Proclamation regarding September 11. She also said she agrees with the residents who opposed the pet restraining Bill # 3182.: Mr. Goetz expressed opposition to the proposed dog restraining ordinance. He asked Alderman Robinson about the purpose of this ordinance. Alderman Robinson said the purpose is to address the small percentage of the negligent pet owners who let their dogs run without any supervision and to protect the Ballwin residents in the public right-of-way from aggressive and apparently unrestrained dogs running toward them. Mr. Goetz said it isn’t fair to punish the 95% of the good pet owners for the misdeeds of the 5% who are less than good pet owners. This will be just another law that isn’t obeyed. He said there isn’t a groundswell of support for this ordinance.: Mr. Zafiropoules requested a committee of Ballwin residents be appointed to attend the September 24 meeting regarding the sound wall construction along Clarkson Road. Mayor Jones said he will not appoint a committee of Ballwin residents to argue this issue because Ballwin has little ability to control the decision of MoDOT regarding the sound wall. He said the Town Meeting is open to all to come and participate. Mr. Zafiropoules believes that a committee would have some influence on MoDOT.: Mr. Tayloe spoke in opposition to the dog restraining ordinance. He said he enjoys watching his children play freely in the front yard with their dog. He doesn’t want the City of Ballwin telling him what his children and dog cannot do in his own front yard.: Mr. Epstein expressed his opposition to the proposed bill # 3182 regarding the restraint of dogs in front yards. He said if this bill is passed, Ballwin will become known as the "City of Fences", since many residents will have to install fences to keep their dogs out of the front yard. He requested that the Board vote no on this proposed ordinance.

PUBLIC HEARINGS

None.

LEGISLATION

 

BILL # 3182

- AN ORDINANCE AMENDING CHAPTER 1, SECTION 1-2, BY AMENDING THE DEFINITION OF "RESTRAINT," AND CHAPTER 5, ARTICLE III OF THE CODE OF ORDINANCES FOR THE CITY OF BALLWIN, AND IN PARTICULAR, SECTION 5-61 REGARDING RUNNING AT LARGE.

There was no motion for a second reading and the bill was not enacted as law.

BILL # 3187

- AN ORDINANCE PROVIDING FOR THE CHANGE OF NAME OF STREET KNOWN AS WOODS MILL RD IN THE CITY OF BALLWIN, MISSOURI, TO SOUTH WOODS MILL RD.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3187. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3187 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Lembke for a second reading of Bill No. 3187. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3187 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3187 with the following results: Ayes – Robinson, Easter, Suozzi, McDowell, Lembke, Anderson, Gatton, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3187 approved and it became Ordinance No. 02-45.

BILL # 3188 - AN ORDINANCE AMENDING SECTION 15-480 ENTITLED "SCHEDULE E - STOP INTERSECTIONS AND LOCATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN.

A motion was made by Alderman Lembke and seconded by Alderman Anderson for a first reading of Bill No. 3188. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3188 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. 3188. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3188 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3188 with the following results: Ayes – Suozzi, Lembke, McDowell, Anderson, Gatton, Easter, Buermann, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3188 approved and it became Ordinance No. 02-46.

BILL # 3189

- AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 6, ARTICLE 6, DEALING WITH THE BALLWIN FINE ARTS COMMISSION IN THE CITY OF BALLWIN.

A motion was made by Alderman Anderson and seconded by Alderman Lembke for a first reading of Bill No. 3189. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3189 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. 3189. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3189 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3189 with the following results: Ayes – Easter, Robinson, Buermann, Anderson, McDowell, Lembke, Suozzi, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3189 approved and it became Ordinance No. 02-47.

BILL # 3190

- AN ORDINANCE IN THE CITY OF BALLWIN, MISSOURI, TO READOPT ORDINANCE No. 01-52 WHICH ESTABLISHED A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN MUNICIPAL OFFICIALS.

A motion was made by Alderman Lembke and seconded by Alderman Gatton for a first reading of Bill No. 3190. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3190 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Lembke for a second reading of Bill No. 3190. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3190 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3190 with the following results: Ayes – Robinson, Anderson, Suozzi, Easter, Lembke, McDowell, Gatton, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3190 approved and it became Ordinance No. 02-48.

CONSENT ITEMS

A. Sewer Easement at Aquatic Center

A motion was made

by Alderman Lembke and seconded by Alderman Gatton to adopt the consent item. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

MAYOR’S REPORT

September 23 Board meeting and Planning Work Session

Alderman McDowell suggested that the Planning Work Session be held on September 23 at 5:30 p.m. instead of the Board meeting. Alderman Robinson and Mayor Jones said they have a conflict with the earlier starting time on that date. The Board agreed to have the Work Session on September 23 at 7:00 p.m. at the Police Department Board Room. Items for discussion at the Planning Work Session will be Ballwin Days, Personnel Rule Revisions, and logo report.

: Mayor Jones said that the Planning and Zoning Commission meeting in September was not held, since there were no pending petitions. He suggested canceling the September 23 Board of Aldermen meeting since there will be no issues for discussion.

CITY ADMINISTRATOR’S REPORT

Fine Arts Commission

Redevelopment Study

Alderman Anderson asked about the time frame for the completion of this work. City Attorney Lucchesi said the proposal stipulates 60-90 days.

A motion was made

Park Drive

A motion was made

Paulding Drive

A motion was made

Park Project

A motion was made

by Alderman McDowell and seconded by Alderman Lembke to authorize the pipe replacement for $6,358. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.: City Administrator Kuntz said that deteriorated metal storm sewer pipe was discovered in Vlasis Park and a $6,358 change order will be needed to replace the pipe. The deteriorated condition of the pipe was previously known and was discovered when piping from the Park work was being connected to the old pipe. He said this was unanticipated but a necessary expense. by Alderman Lembke and seconded by Alderman Anderson to name the entrance to the Government Center off Kehrs Mill as Paulding. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.: Mayor Jones said he has received calls requesting that Paulding Drive be restored. He suggested that the entrance into the Government Center named Paulding. by Alderman Buermann and seconded by Alderman Lembke to draft legislation to change Rock Road to Park Drive. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.: City Administrator Kuntz requested that the section of roadway in the park designated as "Rock Road", which runs from Park Drive to Kehrs Mill Road in front of the Public Works complex, be renamed to "Park Drive". This will make it a continuation of the current Park Drive, which would run from Holloway to Kehrs Mill. The Public Works Department would be the only address affected by this change. Legislation would be required to make this change. by Alderman Gatton and seconded by Alderman Suozzi to hire Development Strategies to proceed with developing a Request for Proposal document and managing the request for proposal process for Subarea 2A of the TIF Redevelopment District. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.: Alderman Gatton asked if this item should be discussed in closed session since it is real estate oriented. Mayor Jones did not believe that this was necessary.: City Administrator Kuntz recommended the appointment of a Board liaison to the Fine Arts Commission. Alderman Easter agreed that this is a good idea. Alderman Gatton noted that according to the by-laws of the committee, no elected official can be a formal voting member of the committee.

CITY ATTORNEY’S REPORT

None.

ALDERMANIC COMMENTS

Alderman Suozzi spoke about the airport noise issue. She said that the gentleman at the last meeting who spoke about the noise study made contact with Chesterfield and indicated in his message that Ballwin, by contacting the director of the airport, could possibly be included in the study. She asked that staff inquire into this matter. There have been complaints about this noise issue.

Alderman McDowell said there are Midwest Waste complaints again in his ward. He said this morning the trash was picked up at 6:00 a.m. A number of residents didn’t get theirs out until 8:00 a.m. The street is spotted with trash. Mr. Kuntz agreed to contact the company and remind them not to start before the established time.

A motion was made by Alderman Easter and seconded by Alderman Lembke to adjourn. The motion passed unanimously and the meeting was adjourned at 7:58 p.m.

Robert E. Jones, Mayor

ATTEST:

Robert A. Kuntz, City Administrator

MC