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Archived Meeting Agendas
Every effort is made to ensure that the Agendas and Minutes provided on this and subsequent pages is timely and correct; however, users should keep in mind that this information is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Ballwin should be consulted. The Board of Aldermen meet on the second and fourth Mondays of each month at 7 p.m. in the Board Room of the Ballwin Government Center, 1 Government Ctr. Schedule and place subject to change. Meetings are open to the public. All citizens are urged to attend. Board of Aldermen MeetingMeeting AgendaMeeting MinutesRECORD OF PROCEEDINGS
The meeting was called to order by Mayor Jones at 7:03 p.m.
The Pledge of Allegiance was given. The Minutes of the June 24, 2002 Board of Aldermen meeting were submitted for approval. A correction was made by Alderman Suozzi on Page 9 Paragraph 7 – the word "annual" should be "animal". A motion was made by Alderman Anderson and seconded by Alderman Gatton to approve the Minutes as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. The Minutes of the June 24, 2002 Closed Session 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. CITIZEN COMMENTS : Mr. Goetz said he believes the reason there were several residents in attendance and voicing opposition at the previous Board of Aldermen meeting when the representative from MoDOT discussed the proposed improvements to Clayton Road, including the traffic circle at the Clayton/Kehrs Mill intersection was because that MoDOT does not treat citizens very well. He noted his personal experience where MoDOT offered less than half of the amount of money that was ultimately awarded through condemnation for property along the front of his house. He said the reconstruction of Clayton Road at this location raised the elevation of the road, which made his driveway much more steep and difficult to negotiate in bad weather. He noted that MoDOT is not very responsive to issues and complaints from citizens, and asked the City of Ballwin to do whatever it can to act on the residents’ behalf in such matters.
PUBLIC HEARINGS Community Development Block Grant Funding Allocation Vicki Czapla, 108 Birchwood, asked who was eligible for the Home Improvement Program. Mr. Aiken explained that any Ballwin homeowner who meets the income qualification standards established by HUD for the St. Louis Metropolitan Area is eligible for the program. Ms. Czapla stated she had never heard of this program and asked if the City of Ballwin had funded it in the past. Mr. Aiken explained that the City of Ballwin has funded the home improvement program for the past 4 or 5 years. Prior to that time, most of Ballwin’s Community Block Grant funds had been used for other eligible programs. There were no further comments. A motion was made LEGISLATION BILL # 3178 - AN ORDINANCE APPROVING THE DELIVERY OF $8,210,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION (CITY OF BALLWIN, MISSOURI, LESSEE), SERIES 2002, FOR THE PURPOSE OF PROVIDING FUNDS TO RENOVATE AND IMPROVE HOLLOWAY PARK, INCLUDING THE CONSTRUC-TION OF A NEW AQUATIC CENTER THEREIN; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION WITH THE DELIVERY OF THE CERTIFICATES; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE DELIVERY OF THE CERTIFICATES. A motion was made by Alderman Lembke and seconded by Alderman Gatton for a first reading of Bill No. 3178. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3178 was read for the first time. City Administrator Kuntz introduced Laura Radcliffe of A. G. Edwards. Mayor Jones asked what the final percentage rate was of the bond issue. Ms. Radcliffe stated that the overall rate was 4%. She said this is exceptionally good at this time. City Administrator Kuntz explained that on August 8, City of Ballwin will receive a lump sum payment for the proceeds of the bond sales. He explained that these funds will then be invested in a laddered account that will earn interest over a period of time. As is necessary, funds can be withdrawn to make payments for the construction of the outdoor swimming pool. Reinvesting these funds, will yield an overall cost of the loan that is substantially less than the 4% face value of the bonds. Ms. Radcliffe noted that the City of Ballwin’s Aa4 bond rating is exceptionally good for this kind of a bond issue and contributed to the low interest rate. A motion was made by Alderman Gatton and seconded by Alderman Buermann for a second reading of Bill No. 3178. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3178 was read for the second time. A roll call was taken for passage and approval of Bill No. 3178 with the following results: Ayes – Gatton, McDowell, Suozzi, Robinson, Easter, Lembke, Buermann, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3178 approved and it became Ordinance No. 02-37. BILL # 3179 - 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 Anderson and seconded by Alderman Easter for a first reading of Bill No. 3179. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3179 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. 3179. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3179 was read for the second time. A roll call was taken for passage and approval of Bill No. 3179 with the following results: Ayes – Easter, McDowell, Lembke, Robinson, Anderson, Suozzi, Buermann, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3179 approved and it became Ordinance No. 02-38. BILL # 3180 - 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 Robinson and seconded by Alderman Lembke for a first reading of Bill No. 3180. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3180 was read for the first time. A motion was made by Alderman Anderson and seconded by Alderman Robinson for a second reading of Bill No. 3180. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3180 was read for the second time. A roll call was taken for passage and approval of Bill No. 3180 with the following results: Ayes – Lembke, Robinson, Suozzi, Easter, Buermann, Anderson, Gatton, McDowell. Nays – None. Whereupon Mayor Jones declared Bill No. 3180 approved and it became Ordinance No. 02-39. BILL # 3181 - AN ORDINANCE A motion was made by Alderman Easter and seconded by Alderman Buermann for a first reading of Bill No. 3181. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3181 was read for the first time. A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3181. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3181 was read for the second time. A roll call was taken for passage and approval of Bill No. 3181 with the following results: Ayes – Buermann, Lembke, Robinson, Suozzi, Easter, Anderson, McDowell, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3181 approved and it became Ordinance No. 02-40. CONSENT ITEMS Mayor Jones asked if there are any items the Board would like removed for discussion. Alderman Gatton stated he did not want to remove any item, however, he asked Police Chief Biederman how many vehicles will not have video equipment once this current bid is accepted and the equipment installed. Chief Biederman said he was not sure exactly how many but it would only be a few. A motion was made by Alderman Lembke and seconded by Alderman Anderson to adopt the consent items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. REPORT OF THE MAYOR Fair Housing Complaint Alderman McDowell asked how long Mrs. Tranker has lived in Seven Trails Apartments. Mr. Schaeferle said she has lived there for approximately 13 years, but the handrails were installed only about 3 years ago. Alderman McDowell asked if the handrails or any provision of a dwelling unit is provided, can a landlord or apartment manager simply remove them. Mayor Jones noted that railings are not required at these locations by the International Building Code or the Americans with Disabilities Act. Alderman McDowell said he believes there was an agreement between the landlord and the tenant and that the landlord has an obligation to maintain these improvements. Alderman Robinson asked Mr. Schaeferle to state exactly what he saw as being discrimination that is being perpetrated by the owners of Seven Trails Apartments. He asked if Mrs. Tranker is handicapped. Mr. Schaeferle stated Mrs. Tranker is definitely handicapped. She suffers from a disease that limits her ability to negotiate steps and similar obstructions. She is under a doctor’s care for her condition. Mayor Jones asked if Seven Trails provides any special facilities of this nature for other tenants. Mr. Schaeferle stated that there is a similar handrail at another dwelling unit. He spoke with the lady that lives at that unit about the provision of the handrail. The tenant at that location paid for the erection of the handrail. Mayor Jones asked if Mrs. Tranker was given a similar option to pay for the installation of the requested handrail. Mr. Schaeferle stated that the apartment complex originally offered to allow Mrs. Tranker to pay $580 for the installation of the handrail, but she has refused to do this, believing that it is the responsibility of the apartments to install this improvement. Alderman Anderson asked if a representative of Seven Trails was invited to attend this hearing. City Administrator Kuntz said this is the first complaint of this nature that the Board of Aldermen has received since this ordinance has been on the books. Since there was not an established procedure to follow, no formal invitations were extended outside of the complainant. Staff felt that the Board might want to consider, at this meeting, how it would approach this issue and determine if they wanted to formally conduct a hearing at some point in the future. He suggested that this be done at the next aldermanic meeting. Mayor Jones noted that under the current language of the Fair Housing ordinance, the Board of Aldermen can only find Seven Trails guilty and assess a fine. The Board may not be able to force compliance with the ordinance. He asked that staff formally invite a representative of Seven Trails to the Board of Aldermen meeting to discuss this issue. Alderman Robinson stated that he believes Seven Trails management should be summonsed before the Board of Aldermen in order to assure that any fine that is ultimately assessed is collectable. A motion was made August Meeting REPORT OF THE CITY ADMINISTRATOR Ramsey Lane Construction Manchester Road Left Turns Logo Options Alderman Robinson said that any logo selected should be simple and easily identified. The form is not all that important because once it is implemented and put into place, people will gradually come to associate it with the City of Ballwin regardless of what it says or how it looks. He said the Board is confusing slogan with logo. He said that "Has it all" is a slogan, and a graphic design is a logo. We are trying to create a design and it doesn’t have to be a slogan. Mayor Jones agreed that simple is better. Alderman Anderson said he doesn’t like any of the proposals that were submitted and suggested starting all over again with the process. Alderman McDowell suggested that the Board of Aldermen select 3 – 5 options that are acceptable and place them in the "Horizon" and allow the citizens to vote. City Administrator Kuntz said this last approach was feasible and asked the Board of Aldermen to decide which 3 – 5 options they would like the citizens to vote on. Alderman Anderson suggested that the Board of Aldermen appoint a special sub-committee to look into this issue. Alderman Easter noted that the focus groups did as they were instructed, but they had the same problem with developing an image that the Board of Aldermen is having. There is no one obvious symbol that is universally recognizable as the City of Ballwin. Alderman Gatton said he believes that The Pointe pyramid should be worked into a logo. As with The Pointe, it would gradually become associated with the City of Ballwin. A motion was made A motion was made Outdoor Pool Name (Aquatic Center) A motion was made by Alderman Suozzi and seconded by Alderman Robinson that the Board adopt the name North Pointe Aquatic Center for the new outdoor swimming pool. A voice vote was taken with 7 Ayes and Alderman McDowell voted Nay. The motion was declared passed. REPORT OF THE CITY ATTORNEY Animal Restraint: Special Improvement District Live Entertainment: ALDERMANIC COMMENTS None. A motion was made by Alderman Lembke and seconded by Alderman Easter to adjourn. The motion passed unanimously and the meeting was adjourned at 8:55 p.m. Lynn Goetz, 14706 Clayton Road Allison Kline, 2452 Capital Landing Tony Zafiropoules, 2670 Clarkson Road Alderman Robinson asked if it was true that some residents had asked for this wall to be built. This is what he had been led to believe. Mr. Zafiropoules stated that according to the federal regulations, which he called up on the internet, MoDOT was to have conducted a public hearing to solicit input from the surrounding communities. Apparently the only input that was solicited was from the owners of the properties that are involved in the project. He stated his belief that all of the people in the neighborhood should have the opportunity to comment on this matter. Alderman Suozzi asked if the petitions referenced by Mr. Zafiropoules and Mrs. Kline opposing this sound wall have been submitted to the City of Ballwin. Mr. Zafiropoules said that they had been presented to the City of Clarkson Valley at its recent meeting, and they would provide copies to the City of Ballwin. Walter Young, 634 Lemonwood Drive Alderman McDowell asked about Ballwin’s inspection process relative to electrical issues. City Administrator Kuntz explained that the inspectors utilize a tester which when inserted into an outlet, indicates if it is properly wired. The tester, of course, does not reveal whether or not the outlet is the proper style to go along with aluminum wiring. Because there are approximately 50 – 100 electrical outlets in every home, it is not feasible for the City of Ballwin’s inspectors to open every one and inspect it for the proper type of outlet. Alderman Gatton suggested that the City of Ballwin explore the possibility of preparing an educational pamphlet that can be distributed in homes that are known to have aluminum wiring. This could go a long way in assisting individuals who buy these homes with understanding of the dangers associated with improper wiring in their homes. Mr. Young also expressed his concern regarding the presence of a dune buggy parked in the driveway at 511 Golfwood. He noted that this vehicle is in poor maintenance condition and has not been moved from its location for almost 2 years. He acknowledged that the vehicle is properly licensed and legal under Ballwin’s current regulations. He expressed concern that vehicles parked in this manner have a negative impact on neighborhoods. The City of Ballwin should have a regulation requiring that such vehicles be removed. Mr. Young also expressed concern about the danger of left turn movements onto and off of Manchester Road. He suggested that the City of Ballwin investigate the possibility of working with MoDOT to limit as much as possible, such left turns, particularly at plazas that have more than one curb cut. Allison Kline stated she would like the Board of Aldermen to act quickly relative to the issue of the sound walls along Clarkson Road. Mayor Jones stated that the Board is not able to take a position on this project at this time because no information has been provided on the nature, location, or effectiveness of the proposed sound wall. Alderman Suozzi asked that staff talk with MoDOT regarding this proposed plan and provide information to the Board of Aldermen for consideration at its next meeting. Alderman McDowell stated that residents are opposed to this sound wall on the basis of aesthetics and effectiveness. The Board of Aldermen should look at all aspects of this plan before it takes a position. Mrs. Klein stated there are other issues as well. She’s concerned that the erection of the sound wall will make Clarkson Road more of a speedway or highway than it already is, thus increasing traffic, increasing sound and negating the effectiveness of the sound walls. Alderman Easter asked if the Board of Aldermen could ask MoDOT to consider other potential solutions to this problem. She suggested additional plantings and lowering the speed limit. City Attorney Lucchesi noted that there may be other reasons that MoDOT is pursuing the erection of the sound wall. Several of the houses along Clarkson Road are very close to the highway since it had been widened and this may be a mitigating factor in why MoDOT is pursuing this solution. There was no further discussion under public comments.: Mr. Young stated that his daughter recently purchased a home in the City of Ballwin. He is concerned about the possibility of fire hazards in hers and similar homes in the City that were built at a time when aluminum wiring was permitted. He presented an electrical outlet that had malfunctioned and could have caused a fire. He stated the reason the electrical outlet malfunctioned is that it is a copper wire outlet that had been installed in an aluminum wire house. Mr. Young asked that the City of Ballwin consider making an amendment to its inspection program requiring all houses that are wired with aluminum wire to have a separate electrical inspection and certification performed any time there is a change of ownership or tenant. This will give the home buyers or tenants some reasonable assurance that the structure is safe and provide an educational opportunity to explain to them the potential hazards associated with aluminum wiring.: Mr. Zafiropoules spoke in opposition to the proposed sound walls. He expressed concern that the walls, even though built on the Clarkson Valley side of the road, would negatively impact the values of property in his subdivision. He noted that the properties that would be protected by these walls barely qualify for their construction and suggested that MoDOT consider lowering the speed limit on Clarkson Road as an alternative to the erection of the very expensive and questionably effective walls. He noted that the average speed is about 47 miles per hour, and if this could be brought down to 40 miles per hour, the posted speed limit, most of the houses would not qualify for these walls. Mr. Zafiropoules expressed concern that once the first walls are built along Clarkson Road, it will set a precedent for similar construction along other MoDOT controlled roadways such as Clayton Road and Manchester Road. He asked that the Board of Aldermen pass a resolution this night opposing the proposed sound wall project along Clarkson Road. He noted that should additional information be received later that demonstrated the value of such a project, the Board of Aldermen could change its mind and withdraw the resolution.: Ms. Kline said she is a trustee of the Williamsburg Green Subdivision. She spoke regarding MoDOT’s proposal to erect sound walls along Clarkson Road on the Clarkson Valley side opposite the entrance to Williamsburg Green Subdivision. She spoke on behalf of the membership of her subdivision, stating their opposition to the proposed sound walls from both an aesthetic and effectiveness perspective. She asked that the Board of Aldermen of the City of Ballwin formally oppose the erection of the sound walls as is presently proposed by MoDOT in a manner similar to that recently undertaken by the Board of Aldermen of the City of Clarkson Valley. Mayor Jones noted that he has recently been in communication with Scott Douglass, Mayor of the City of Clarkson Valley, regarding this issue. Mayor Jones explained that according to Mayor Douglass, there is a cost factor that may prevent the sound walls from being erected. MoDOT has authorized a maximum of $30,000 per lot for this project. Should the cost of this project be higher than this amount, it will not be built. Mayor Jones said he did not have any first hand knowledge of the physics or engineering that goes into sound wall design or their effectiveness, and would ask that MoDOT provide the City of Ballwin some information before the Board of Aldermen can take a position on this matter. |
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