The Minutes of the January 8, 2001 Public Health & Safety Committee meeting were submitted for approval. A motion was made by Alderman Buermann and seconded by Alderman Robinson to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the January 8, 2001 Board of Aldermen meeting were submitted for approval. Alderman Boland requested that on Page 5, the order of the paragraphs discussing adjournment be rearranged. The Board was in agreement. Alderman Suozzi said she had requested that the traffic engineering firm, Crawford, Bunting, Brammeier, report back to the Board on the Kehrs Mill/Holloway Road intersection and the New Ballwin Road study. A motion was made by Alderman Nichols and seconded by Alderman Buermann to approve the Minutes as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

None.

A motion was made by Alderman Byatt and seconded by Alderman Huddleston for a first reading of Bill No. 3059. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3059 was read for the first time.

Alderman Nichols asked about the location to fill LP gas tanks. Mr. Langford said it would be on the west side. It is enclosed on one side by a retaining wall and there will be protective posts around it. It cannot be fully enclosed because of the fire code. The tank is 15 feet in length and holds about 700 gallons. There will be crash posts 4 inches in diameter every 4 feet to prevent the tank from being struck by a vehicle. There has never been an accident at other U-Haul locations. This is for small tanks like those used on barbecue grills, fork lifts, and RVs. There’s no other dispenser of propane in the City of Ballwin. Alderman Byatt said SOS has a propane tank.

Alderman Huddleston said there are trucks and trailers parked illegally on the site. Mr. Langford said there have been parking problems because of the snow that prevented drop offs at the Wildwood location. Alderman Huddleston said there will be increased traffic because of the tank and he asked where are the people going to park when they get their tanks filled in addition to the customer parking when they rent the trucks. Mr. Langford said there hasn’t been any complaints. Alderman Easter asked if the site traffic will drive past the tank. Mr. Langford said the site traffic will drive past the tank as they do at all their other locations. The tank is horizontal and the total width of the tank with posts is going to be about 6 feet. From Manchester Road all that will be seen is the end of a horizontal tank. Mayor Jones said the Planning and Zoning Commission voted by a majority to recommend this petition with two special conditions: that the storage buildings which are going to be on the north side, be limited to a combined total area of 400 square feet, and that only the sale of propane only be allowed under the Special Use Exception. Alderman Buermann said he is very concerned about safety and aesthetics. Alderman Huddleston asked how often the tank would have to be filled. Mr. Langford said once a week and it will take about 5 minutes to fill the tank. The drive space next to the tank would be blocked for about 10 minutes.

A motion was made by Alderman Nichols and seconded by Alderman Robinson for a second reading of Bill No. 3059. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3059 was read for the second time.

Mayor Jones said in order to find in favor of this proposal, this Board must determine that the it will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the proposal is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted development of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

Alderman Nichols asked City Attorney Lucchesi if this bill were to fail, it would probably fail on the basis of the propane but not on the basis of the accessory storage buildings. Will they still have to wait one year to come back for a new special use exception that would address just the accessory buildings? City Attorney Lucchesi said yes unless the Board offered to reconsider the issue. Mayor Jones said the Board will have to vote on the petition as submitted and cannot split the issues.

A roll call was taken for passage and approval of Bill No. 3059 with the following results: Ayes – Byatt, Easter, Nichols, Suozzi, Robinson . Nays – Buermann, Boland, Huddleston. Whereupon Mayor Jones declared Bill No. 3059 approved (5-3) and it became Ordinance No. 01-01.

Alderman Robinson said the date of the election should be April 3, 2001 in the second paragraph.

A motion was made by Alderman Huddleston and seconded by Alderman Boland for a first reading of Bill No. 3060. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3060 was read for the first time.

Alderman Buermann said in a 1997 issue of "Images" magazine, an article said it is not a good idea to put multiple issues or be on the ballot with another issue or tax increase. He is concerned about putting this on the ballot at this time with so many other issues because this could be Ballwin’s last chance to get this tax passed for a while. He agreed with Walter Young that since Rockwood, Parkway, and St. Louis County have issues on the ballot, he is concerned about this. Alderman Nichols said we can’t predict what’s going to be on the next ballot or the one after that. He feels that there is a good chance of this proposal passing this time. This is for parks and recreation facilities throughout the City and will generate $1.3 million of additional revenue for that purpose only.

A motion was made by Alderman Nichols and seconded by Alderman Robinson for a second reading of Bill No. 3060 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3060 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3060 with the following results: Ayes – Huddleston, Nichols, Robinson, Easter, Boland, Buermann, Byatt, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3060 approved and it became Ordinance No. 01-02.

A motion was made by Alderman Robinson and seconded by Alderman Boland for a first reading of Bill No. 3061. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3061 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. 3061 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3061 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3061 with the following results: Ayes – Byatt, Suozzi, Robinson, Nichols, Huddleston, Easter, Boland, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3061 approved and it became Ordinance No. 01-03.

A motion was made by Alderman Byatt and seconded by Alderman Buermann for a first reading of Bill No. 3057. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3057 was read for the first time.

Mayor Jones said the Planning and Zoning Commission unanimously recommended approval of Special Use Exception 00-17. It was recommended that the Board give some flexibility to the petitioner’s request regarding green space and landscaping. He said he is pleased that ECARS demonstrated good corporate citizenship by coming back after the Planning and Zoning Commission recommended denial of the original petition and complying with the C-1 zoning regulations in their second proposal.

A motion was made by Alderman Boland and seconded by Alderman Buermann for a second reading of Bill No. 3057 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Alderman Robinson abstained. Bill No. 3057 was read for the second time.

Mayor Jones said in order to find in favor of this proposal, this Board must determine that the it will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the proposal is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted development of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3057 with the following results: Ayes – Byatt, Boland, Buermann, Nichols, Huddleston, Suozzi, Easter. Nays – None. Abstentions – Alderman Robinson. Whereupon Mayor Jones declared Bill No. 3057 approved and it became Ordinance No. 01-04.

A motion was made by Alderman Byatt and seconded by Alderman Boland for a first reading of Bill No. 3062. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3062 was read for the first time.

Mayor Jones said the Planning and Zoning Commission voted unanimously to recommend approval of S.U.E. 0021.

Alderman Buermann said there is a storm water issue. The south side of the property is extremely low. The property owner directly to the south is on a slab and any additional water would severely restrict his ability to keep his building dry. Mr. Jarvis said that no water or very little water will go anywhere other than into a detention basin and a dedicated storm drain on his property. Alderman Nichols said that the Board accepted his previous offer to post a bond for a period of one year to correct any storm water problems caused by his project. Mr. Jarvis said he would provide the bond and noted that by raising the drive and parking areas, runoff will be directed toward the inlet.

Mr. Jarvis agreed to grade to bring the rear water to the detention basin and a pipe into the Coral Terrace pipe system. He also agreed to make the drainage plan clear on the final site development plan.

A motion was made by Alderman Robinson and seconded by Alderman Byatt for a second reading of Bill No. 3062 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3062 was read for the second time.

Mayor Jones said in order to find in favor of this proposal, this Board must determine that the it will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the proposal is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted development of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

Alderman Nichols said the performance bond should be part of Exhibit 1, a $5,000 (or more, determined by staff and the City Engineer) bond for a period of one year after the project is completed so that if there are storm water problems, the bond can be attached and the funds used to correct the problems. In the absence of storm water problems, the bond would be returned to the petitioner. This should be a condition for approval.

A roll call was taken for passage and approval of Bill No. 3062 with the bond condition as stated by Alderman Nichols, with the following results: Ayes – Easter, Byatt, Robinson, Nichols, Suozzi, Huddleston, Boland. Nays – Buermann. Whereupon Mayor Jones declared Bill No. 3062 approved and it became Ordinance No. 01-05.

A motion was made by Alderman Nichols and seconded by Alderman Robinson for a first reading of Bill No. 3015. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3015 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Suozzi for a second reading of Bill No. 3015 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3015 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3015 with the following results: Ayes – Boland, Robinson, Nichols, Byatt, Easter, Suozzi, Buermann, Huddleston. Nays – None. Whereupon Mayor Jones declared Bill No. 3015 approved and it became Ordinance No. 01-06.

A motion was made by Alderman Byatt and seconded by Alderman Easter for a first reading of Bill No. 3016. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3016 was read for the first time.

Alderman Buermann said the consolidation is strictly tied to the rezoning of the property, whereas this is consolidating the B and C parcels of the property.

A motion was made by Alderman Easter and seconded by Alderman Robinson for a second reading of Bill No. 3016 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3016 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3016 with the following results: Ayes – Byatt, Nichols, Robinson, Easter, Huddleston, Boland, Suozzi, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3016 approved and it became Ordinance No. 01-07.

A motion was made by Alderman Nichols and seconded by Alderman Boland for a first reading of Bill No. 3063. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3063 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. 3063 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3063 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3063 with the following results: Ayes – Suozzi, Buermann, Huddleston, Easter, Robinson, Boland, Nichols, Byatt. Nays – None. Whereupon Mayor Jones declared Bill No. 3063 approved and it became Ordinance No. 01-08.

A motion was made by Alderman Buermann and seconded by Alderman Byatt for a first reading of Bill No. 3064. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3064 was read for the first time.

A motion was made by Alderman Byatt and seconded by Alderman Boland for a second reading of Bill No. 3064 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3064 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3064 with the following results: Ayes – Huddleston, Nichols, Easter, Byatt, Robinson, Boland, Buermann, Suozzi. Nays – None. Whereupon Mayor Jones declared Bill No. 3064 approved and it became Ordinance No. 01-09.

A motion was made by Alderman Nichols and seconded by Alderman Buermann for a first reading of Bill No. 3065. A voice vote was taken with an affirmative result and the motion was declared passed. Bill No. 3065 was read for the first time.

Mayor Jones said the Planning and Zoning Commission recommended unanimously to approve this Special Use Exception, with the stipulation that there be a maximum of 20 children with appropriate parking at the facility, and that the fencing along the north side of the outdoor play area be 6 feet tall and the recommended plantings in the staff report be provided.

Alderman Nichols asked if the provisions are acceptable to the petitioner. Reverend Rollins agreed that this is acceptable.

A motion was made by Alderman Byatt and seconded by Alderman Easter for a second reading of Bill No. 3065 as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3065 was read for the second time.

Mayor Jones said in order to find in favor of this proposal, this Board must determine that the it will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the proposal is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted development of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.

A roll call was taken for passage and approval of Bill No. 3065 with the following results: Ayes – Huddleston, Suozzi, Byatt, Easter, Nichols, Robinson, Boland, Buermann. Alderman Buermann said the property is incorrectly listed. The property was sold from his parents about 3 months ago. Nays – None. Whereupon Mayor Jones declared Bill No. 3065 approved and it became Ordinance No. 01-10.

None.

Mayor Jones said there is a vacancy on the Planning and Zoning Commission due to Mr. McDowell’s pending election as Alderman. The name of Patrick Aple, who lives on Norman Gate Drive in Ward 3, was given to Mayor Jones by Alderman Nichols. Mr. Aple was the chairman of Trustees of Park Huntington Subdivision. Mayor Jones proposed Mr. Aple as an alternate to the Board of Adjustment. Mayor Jones said he would like the Board to allow him to appoint Patrick Aple as an alternate on the Board of Adjustment. This is not to fill the Ward 1 seat.

A motion was made by Alderman Nichols and seconded by Alderman Boland to approve Patrick Aple as a Board of Adjustment Alternate. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Alderman Easter said since it is difficult for the Board to recommend individuals to serve on the various boards, Mr. Kuntz suggested Ballwin have classes for interested citizens to become more informed about the city business. Such citizens could be potential candidates for appointments to vacant Board and Commission positions. This could be advertised in the "Horizon". City Administrator Kuntz said he envisioned it being on 5 consecutive Wednesdays, 2 hours each, different locations, to familiarize them with the facilities and departments. This will give citizens more knowledge and possibly more commitment to the community.

Mr. Doster said the petition proposes that the S.U.E.’s be in the name of ECARS Rent-A-Car Company. He would be agreeable to have all in the name of ELCO Chevrolet, Inc.

A motion was made by Alderman Byatt and seconded by Alderman Boland to transfer the Special Use Exception granted by Ordinance 01-04 to ECARS Rent-A-Car Company to ELCO Chevrolet, Inc. A voice vote was taken with a unanimous affirmative result (Alderman Robinson abstained) and the motion was declared passed.

City Administrator Kuntz introduced representatives from Boy Scout Troop 631 from St. Marks: Bryan Hoffman, Scott Placial, and Michael Hill.

City Administrator Kuntz proposed that Martin Luther King Day be added to the holiday schedule in 2002 and that the City offices be closed all day on December 24, 2001. Alderman Robinson made a motion to approve these requests, seconded by Alderman Easter, and was approved by unanimous voice vote.

City Administrator Kuntz said an application has been received from American Fiber Systems to utilize existing conduit for the installation of fiber optic cable. Mayor Jones said American Fiber Systems indicated that Southwestern Bell already has conduit in the right-of-way which is being leased to Axon which will be purchased by American Fiber Systems, Inc. Axon has never pulled a permit in the City of Ballwin. We didn’t know that Southwestern Bell had a facility that was being either sold or leased to Axon. This should be verified and the possible need for a franchise agreement explored.

Alderman Robinson asked what the City can do to use the application process to protect the telecommunications utility taxes that may not be paid. City Administrator Kuntz said audited financial statements could be used to be sure it is being paid. Maryland Heights and other cities are doing random business audits. Letters were sent to local phone service carriers licensed by the State of Missouri reminding them of Ballwin’s 5% franchise requirement, and that they need to pay it if they are providing service.

City Administrator Kuntz said the closed session will be regarding real estate.

Alderman Byatt said the census information is supposed to be out by April 1, 2001. She suggested that an analysis of the Ward populations be evaluated in case boundary adjustments need to be made. Mayor Jones said he would like to appoint an Aldermanic Committee of one Alderman from each ward to work on the redistricting, and if that committee decides to include a few citizens on the committee, he is open to that as well.

City Attorney Lucchesi said the McBride lawsuit was dismissed. They have 30 days to refile on a different basis.

A motion was made by Alderman Nichols and seconded by Alderman Robinson to adjourn into closed session to discuss two matters of real estate acquisition. A roll call was taken with the following results: Ayes – Easter, Buermann, Byatt, Suozzi, Boland, Robinson, Huddleston, Nichols. Nays – None. Whereupon Mayor Jones declared the motion approved. The motion passed unanimously and the meeting was adjourned to closed session at 8:58 p.m.

The Board convened in closed session at 9:01 p.m.

A motion was made by Alderman Robinson and seconded by Alderman Easter to reconvene into open session. A roll call was taken with the following results: Ayes – Easter, Buermann, Byatt, Suozzi, Boland, Robinson, Huddleston, Nichols. Nays – None. Whereupon Mayor Jones declared the motion approved. The motion passed unanimously and the closed session was adjourned at 9:35 p.m.

The Board convened in open session at 9:36 p.m.

Mayor Jones announced that while in closed session, the Board discussed two issues of real estate acquisition. A motion was made by Alderman Nichols and seconded by Alderman Robinson to respond to Stewart Weisart that the Board would pay no more than $75,000 for the rear ½ of the property at 140 Holloway Road. A roll call vote was taken with the following results: Ayes: Suozzi, Nichols, Robinson, Huddleston, Boland. Nays: Easter, Byatt, Buermann. The motion was declared passed.

A motion was made by Alderman Robinson and seconded by Alderman Easter that Ballwin not consider any real estate acquisition for neighborhood or pocket-type parks until the parks tax is passed and a template is developed to evaluate such facilities. A roll call vote was taken with the following results: Ayes: Easter, Byatt, Suozzi, Buermann, Nichols, Robinson, Boland. Nays: Huddleston. The motion was declared passed.

A motion was made by Alderman Nichols and seconded by Alderman Easter to adjourn. The motion passed unanimously and the meeting was adjourned at 9:37 p.m.

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Robert E. Jones, Mayor

ATTEST:

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Robert A. Kuntz, City Administrator

MC