Board of Aldermen Meeting

Meeting Agenda

Meeting Minutes

RECORD OF PROCEEDINGS

MINUTES OF THE BOARD OF ALDERMEN MEETING

CITY OF BALLWIN – 300 PARK DRIVE

December 10, 2001

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

PRESENT Mayor Robert E. Jones Alderman Kay Easter Alderman Press McDowell  Alderman Jane Suozzi Alderman James Robinson Alderman Tom McCarthy Alderman Mike Boland Alderman Charles Gatton City Administrator Robert Kuntz City Attorney Lionel Lucchesi

ABSENT Alderman Kenneth W. Buermann (work related situation)

The Pledge of Allegiance was given.

The Minutes of the November 26, 2001 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Easter and seconded by Alderman McDowell to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Citizens’ Academy Graduation: Mayor Jones called upon Human Resource Coordinator Haley Morrison to announce the graduates of the second Ballwin Citizens’ Academy. The graduates are: Gerry Matlock, Bruce Anderson, Frank Karr, Barbara Wilkinson, Lynn Bockenkamp, Teresa Moyer, Lynn Goetz, and Ken Schwent. City Administrator Kuntz thanked the staff and the aldermanic representatives, Alderman Suozzi and Mayor Jones.

Presentation to former Alderman Ron Nichols: Mayor Jones presented a Proclamation of recognition and appreciation to former Alderman Ron Nichols, who served as Alderman in Ward 3 from 1984 – 2001. He served as Chairman of the aldermanic committees for Parks & Recreation, Public Health & Safety, Finance & Administration, and President of the Board of Aldermen from 1999 to retirement on October 1, 2001.

CITIZEN COMMENTS

Lynn Goetz, 14706 Clayton Road: Mr. Goetz referenced Bill #3139 – Mutual Aid, and asked if there is a definition of what constitutes an emergency. Mayor Jones read the first "Whereas" which outlined this definition. Mayor Jones said this is a joint decision by the Mayor and City Administrator, with input from the Chief of Police.

Frank Karr, Castle Pines Subdivision Trustee: Mr. Karr spoke well of his experience with the Citizens’ Academy and the value of contacts made with City personnel.

Ron Nichols, former Alderman: Mr. Nichols thanked former Mayor Dick Andrews for the help he gave to him to become a good Alderman.

PUBLIC HEARINGS

2002 Budget – City Administrator Kuntz presented a brief overview of the 2002 Budget consisting of the Operating Budget and the Capital Spending Plan. The combined total is $22,501,896. It projects a reserve balance of $1,253,808, which is approximately 10% of the capital expenditure. The Budgets were formulated through work sessions that were conducted in open meetings and advertised to the public by the Board of Aldermen. The budget is in line with what was budgeted in the year 2001.

Alderman Gatton noted that the budget does not utilize personal property tax or real estate tax. Included in the budget is curbside recycling for which the City pays all of the expenses, and leaf collection which costs over $300,000 per year.

Mayor Jones asked if there are any proponents to speak on behalf of the budget or opponents to speak against the budget to come forward. There was no response from the audience. Mayor Jones declared the public hearing closed.

LEGISLATION

BILL # 3134 - AN ORDINANCE APPROVING AND ADOPTING A BUDGET OF ANTICIPATED CASH REVENUE AND CASH DISBURSEMENTS FOR THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2002, AND ENDING DECEMBER 31, 2002. PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Suozzi and seconded by Alderman Robinson for a first reading of Bill No. 3134. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3134 was read for the first time.

A motion was made by Alderman Easter and seconded by Alderman Boland for a second reading of Bill No. 3134. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3134 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3134 with the following results: Ayes – McDowell, Robinson, Suozzi, Easter, Boland, McCarthy, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3134 approved and it became Ordinance No. 01-73.

BILL # 3135 - AN ORDINANCE APPROVING AND ADOPTING A BUDGET OF ANTICIPATED CASH REVENUE AND CASH DISBURSEMENTS FOR THE GENERAL REVENUE FUND OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2002, AND ENDING DECEMBER 31, 2002. PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Boland and seconded by Alderman Gatton for a first reading of Bill No. 3135. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3135 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Boland for a second reading of Bill No. 3135. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3135 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3135 with the following results: Ayes – Gatton, McCarthy, McDowell, Robinson, Suozzi, Boland, Easter. Nays – None. Whereupon Mayor Jones declared Bill No. 3135 approved and it became Ordinance No. 01-74.

BILL # 3136 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR COMPUTER-AIDED REPORT ENTRY SERVICES.

A motion was made by Alderman Gatton and seconded by Alderman Boland for a first reading of Bill No. 3136. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3136 was read for the first time.

A motion was made by Alderman Easter and seconded by Alderman Gatton for a second reading of Bill No. 3136. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3136 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3136 with the following results: Ayes – Robinson, Suozzi, Easter, McDowell, Boland, McCarthy, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3136 approved and it became Ordinance No. 01-75.

BILL # 3137 - 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 Suozzi and seconded by Alderman Easter for a first reading of Bill No. 3137. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3137 was read for the first time.

City Administrator Kuntz said Police Chief Biederman and City Engineer Kramer are concerned about the visibility of eastbound Jefferson onto Ries. Staff recommends that this bill be amended to include a 3-way stop sign at this location in the interest of safety.

A motion was made by Alderman Boland and seconded by Alderman Robinson to amend and add to the list of intersections Ries Road, northbound and southbound at Jefferson Avenue. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

A motion was made by Alderman Robinson and seconded by Alderman Gatton for a second reading of Bill No. 3137 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3137 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3137 with the following results: Ayes – McCarthy, Easter, McDowell, Boland, Suozzi, Gatton, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3137 approved and it became Ordinance No. 01-76.

BILL # 3138 - AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING SECTION 15-482 SCHEDULE G ENTITLED PARKING PROHIBITED AT ALL TIMES IN THE CITY OF BALLWIN.

A motion was made by Alderman Easter and seconded by Alderman Robinson for a first reading of Bill No. 3138. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3138 was read for the first time.

Alderman Gatton asked if the Ballwin Athletic Association been notified. City Administrator Kuntz said they have not specifically been notified of this bill. He said Ballpark Drive is not suitable for on-road parking because of the center islands. Additional parking has been created for BAA’s use in a cross agreement with Ballwin Elementary where there was a grassy area that is now parking, and additional parking will be available at the Historical Commission’s schoolhouse site.

A motion was made by Alderman Boland and seconded by Alderman Gatton for a second reading of Bill No. 3138. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3138 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3138 with the following results: Ayes – Easter, Boland, Gatton, McCarthy, Suozzi, McDowell, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3138 approved and it became Ordinance No. 01-77.

BILL # 3127 - AN ORDINANCE AUTHORIZING THE MAYOR AND/OR CITY ADMINISTRATOR TO ENTER INTO A CONTRACT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR THE TRANSPORTATION ENHANCEMENT FUNDS PROGRAM.

A motion was made by Alderman Suozzi and seconded by Alderman Boland for a first reading of Bill No. 3127. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3127 was read for the first time.

Alderman Boland asked about the property owner participation in the cost of this work. City Attorney Lucchesi expressed his belief that the owners must vote in a special tax district to require the payment. Mayor Jones said Ballwin could be responsible for a local match of approximately $676,200, based on no participation by any of the businesses. With business participation, the figure could be reduced to $432,750. Alderman Suozzi thinks they will be able to get better property owner participation than has so far been obtained.

Alderman Boland asked what was budgeted in the 2002 budget for this project. Mayor Jones said only the engineering is budgeted for the next year. City Administrator Kuntz explained that 2002 would be the preparation of plans and specifications, and 2003 would pay for right-of-way acquisition; 2004 would pay for the construction. Since this requires a vote of the affected registered property owners, there may not be any registered property owners that are voting with a Manchester Road address.

Alderman Boland asked if there is documentation of the handshake agreements. If the property is sold to a new owner, will the new owner be obligated to honor the agreement. City Administrator Kuntz said the Special Use Exception would cover some transfers but the agreements are not binding on any subsequent owner. He said once the commitment has been made for Federal funding, the compensation becomes mandatory. The money is budgeted for the next phase.

A motion was made by Alderman Robinson and seconded by Alderman Suozzi for a second reading of Bill No. 3127. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3127 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3127 with the following results: Ayes – Suozzi, Robinson, McDowell, Easter, Boland, Gatton, McCarthy. Nays – None. Whereupon Mayor Jones declared Bill No. 3127 approved and it became Ordinance No. 01-78.

BILL # 3139 - AN ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BY THE MAYOR OF THE CITY OF BALLWIN WITH THE CITIES OF CHESTERFIELD, CLARKSON VALLEY, ELLISVILLE, MANCHESTER, TOWN & COUNTRY, WILDWOOD AND WINCHESTER RELATIVE TO MUTUAL AID ASSISTANCE IN DISASTER OR EMERGENCY SITUATIONS.

A motion was made by Alderman Easter and seconded by Alderman Gatton for a first reading of Bill No. 3139. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3139 was read for the first time.

A motion was made by Alderman Gatton and seconded by Alderman Easter for a second reading of Bill No. 3139. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3139 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3139 with the following results: Ayes – Robinson, Easter, McDowell, Boland, Gatton, Suozzi, McCarthy. Nays – None. Whereupon Mayor Jones declared Bill No. 3139 approved and it became Ordinance No. 01-79.

BILL # 3140 - AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BALLWIN, MISSOURI AND THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION PROVIDING FOR THE INSTALLATION OF A FULL ACTUATED TRAFFIC SIGNAL IN THE CITY OF BALLWIN.

A motion was made by Alderman Boland and seconded by Alderman Gatton for a first reading of Bill No. 3140. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3140 was read for the first time.

Alderman Boland asked when this traffic signal would be installed. City Administrator Kuntz said he hopes the developer will be aware of the issues of winter weather construction and not create undue problems for drivers in the City. Alderman McDowell hopes that these issues will be minimized as much as possible. Dan Fox, representing the developer, said that they would be aware and adjust their activities accordingly.

A motion was made by Alderman Gatton and seconded by Alderman Boland for a second reading of Bill No. 3140. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3140 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3140 with the following results: Ayes – Suozzi, Easter, Boland, McCarthy, Robinson, McDowell, Gatton. Nays – None. Whereupon Mayor Jones declared Bill No. 3140 approved and it became Ordinance No. 01-80.

CONSENT ITEMS

Pick Up Truck

Police Cars

A motion was made by Alderman Easter and seconded by Alderman Robinson to accept the consent items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

REPORT OF THE MAYOR

Liquor License – A Sure Wing LLC, d/b/a Buffalo Wild Wings: Alderman Easter asked when Buffalo Wild Wings will open. David Jones, of Buffalo Wild Wings, said he planned to open on February 18, 2002. Police Chief Biederman said everything has checked out for approval.

A motion was made by Alderman Easter and seconded by Alderman Boland to approve the liquor license for A Sure Wing LLC, d/b/a Buffalo Wild Wings. A voice vote was taken with a unanimous affirmative result and the motion was declared passed and the application approved.

A motion was made by Alderman Easter and seconded by Alderman Boland to approve the liquor license for A Sure Wing LLC, d/b/a Buffalo Wild Wings. A voice vote was taken with a unanimous affirmative result and the motion was declared passed and the application approved.

REPORT OF THE CITY ADMINISTRATOR

Car for Inspectors: City Administrator Kuntz explained that the Inspection Department and Assistant City Administrator Aiken has requested the purchase of a Ford Taurus under State purchase contract. This is an item in the inspection budget for 2002. This is recommended instead of the automatic handing down of cars from the Police Department, which on the short term saves money, but from a maintenance and operational standpoint, costs money over the long term.

A motion was made by Alderman Boland and seconded by Alderman Gatton to approve the purchase of a Ford Taurus on the State bid for the Inspection vehicle within the approved budget amount. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Olde Towne Enhancement: City Administrator Kuntz gave a brief overview of the enhancement grant issue and he noted that Dan Fox, representing Regency Realty Corporation, and developers of the Olde Towne Retail Plaza, has submitted a letter outlining his understanding of the history of events. It is time to make a decision as to the future of the partnership.

Dan Fox addressed the Board at Mayor Jones’ request. He said he believes that many of the issues that arose over the past 21 months could not have been foreseen. The result is that Regency cannot afford to do the extra work that was made a condition of the enhancement grant application.

Alderman McDowell said Regency is experiencing financial losses that are due to Regency’s failure to exercise due diligence early on and to fully understand the true cost. Ballwin is not getting the plan originally agreed upon and Ballwin should not have to absorb the cost of this failure.

City Administrator Kuntz said that when the re-development agreement was amended and restated, the $400,000 estimated cost of this work didn’t change. Mr. Debolt, Mr. Fox’s predecessor, told the Board that Regency could not build the sidewalks on Manchester Road north. Alderman Byatt argued that this was critical to the development. It was ultimately agreed that the City would sponsor the enhancement grant application but the sidewalks would be extended east to Seven Trails Drive. Mr. Fox said there was nothing in the agreement requiring Regency to participate with the grant and associated work. Mayor Jones said Ballwin cannot force Regency to follow through with the grant improvements.

Alderman McDowell noted that Mr. Fox is saying how much the unanticipated cost overruns have impacted Regency and the project, but he is failing to understand that Regency had an agreement with the City of Ballwin, and there is an expectation that this work will be done. This was agreed upon in good faith. It was Regency’s responsibility to exercise diligence and accurately estimate these costs prior to entering into this agreement with Ballwin.

Mr. Fox said this is Regency’s fault, however, as soon as he recognized there was a problem, he said he immediately brought it to Ballwin’s attention. If the City did not take that for what it was worth, Regency cannot be responsible for that.

Mr. Fox said Regency has agreed to pay $275,000 to Ballwin as its share of all costs to complete the enhancement work.

Alderman Boland believes that the shortfall would be about $125,000 if the $400,000 estimate was accurate. City Engineer Kramer believes that Ballwin’s maximum exposure could be as much as $750,000, based on his preliminary estimate of the costs for all enhancement grant work. There are many unknowns at this point.

Mayor Jones said there is a site improvement plan that needs to be complied with, the improvements need to be done, and Ballwin going to be sure that they are done in accordance with the site improvement plans. We can’t make Regency participate in the enhancement grant.

Alderman Robinson asked that staff evaluate the situation and report back at the next meeting. City Administrator Kuntz said East-West Gateway is applying pressure because they must keep the projects current. Time is tight.

Aldermen Boland, McDowell, McCarthy, and Suozzi volunteered to serve on the evaluation committee and report back to the entire Board.

Pointe Memberships: Director of Parks and Recreation Linda Bruer requested a non-resident senior membership to increase utilization of The Pointe during the day on weekdays.

A motion was made by Alderman Gatton and seconded by Alderman McCarthy to prepare legislation to for non-resident senior membership to The Pointe. A voice vote was taken with a unanimous affirmative result and Mayor Jones declared the motion passed.

Vehicle Replacement: City Administrator Kuntz offered the option, in lieu of a State bid vehicle purchase. He would accept a $400/month car allowance. This would be about the same long-term cost as a one-time capital expenditure.

A motion was made by Alderman Robinson and seconded by Alderman Boland to allow a $400/month car allowance for City Administrator Kuntz instead of purchasing a vehicle. A voice vote was taken with a unanimous affirmative result and Mayor Jones declared the motion passed.

Spring Cove Subdivision: City Administrator Kuntz said he spoke with the St. Louis County Engineer. The County plans to engineer the Big Bend project in 2002 and construction would begin in 2003. He noted that the proposal is for a short time frame with the least economic impact.

Alderman Boland asked how bad a 12% slope is. City Administrator Kuntz said it would be steeper than anything in Ballwin. City Engineer Kramer said that 75 feet will be at the 12% slope. City Administrator Kuntz said the surface could be scarified. Mr. Kramer agreed.

Alderman Gatton asked if Ballwin trucks, fire trucks, waste management trucks would have problems. City Engineer Kramer said there would be no problems for these vehicles to utilize this slope.

The Board agreed that the 12% temporary slope can be accepted with scarification and a serious view toward maintaining the temporary access established in the event of an emergency so the people are not left during the short time frames. Alderman Boland requested that the developer should be told that this is something they should disclose to any potential home owners.

City Administrator Kuntz suggested this item be held over to the next meeting with Mr. Dooley, of the St. Louis County Highway Department, present to answer questions. The Board agreed.

ALDERMANIC COMMENTS

Stop Signs

Alderman Easter asked Police Chief Biederman about the previous requests for stop signs at these locations and what was the police evaluation at that time. Police Chief Biederman noted that the intersection does not meet warrants for a stop sign as required in the policy, and have been reviewed on several occasions over the past few years. Alderman Easter said the residents would feel more comfortable having the stop signs there even though it doesn’t meet the criteria.

A motion was made by Alderman McDowell and seconded by Alderman Easter to prepare legislation for the installation of stop signs at Windcliffe and Portwind, and Towercliffe and Windcliffe. A voice vote was taken with a unanimous affirmative result and Mayor Jones declared the motion passed.

Alderman Easter thanked former Alderman Ron Nichols for his work as Alderman and bringing leadership and guidance to the Board. He taught her to be a better Alderman. It has been an honor and a pleasure to serve with Ron.

ADJOURN

The invitation was extended to former Alderman Nichols by Alderman Easter to officially adjourn the meeting. A motion was made by former Alderman Nichols and seconded by Alderman Gatton to adjourn. The motion passed unanimously and the meeting was adjourned at 9:00 p.m.
MC

– Alderman McDowell discussed the issue of installing stop signs at Windcliffe and Portwind Place. The residents are in agreement that they want this stop sign. He also recommends stop signs at Towercliffe and Windcliffe. There are children in the area and cars drive fast through the intersection. These signs are outside the policy and will require a 2/3 vote from the Board for approval.