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 Tom McCarthy 
Alderman Kenneth W. Buermann  
Alderman Jane Suozzi  
Alderman James Robinson  
Alderman Mike Boland  
Alderman Charles Gatton  
City Attorney Lionel Lucchesi  
City Administrator Robert Kuntz
  

The Pledge of Allegiance was given.

The Minutes of the February 25, 2002 Board of Aldermen meeting were submitted for approval. Alderman Buermann noted that he had complimented staff on achieving an 18.5% operating budget reserve and that this is above the minimum reserve amount set by Board policy. A motion was made by Alderman Gatton and seconded by Alderman Boland to approve the Minutes as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Mayor Jones announced that the National Guard presentation would not be made at this meeting as planned due to the illness of the presenter. City Administrator Kuntz explained that the purpose of the presentation was to recognize and express appreciation to the Board of Aldermen for their generous policies relative to military leave.

CITIZEN COMMENTS

Craig Whittenberg, 575 Goldwood: Mr. Whittenberg expressed concern about the proposal to establish search warrants for code violations. He is opposed to this legislation and said that there are many Ballwin residents who will voice opposition if the Board chooses to go forward in this regard.

Lynn Goetz, 14706 Clayton Road: Mr. Goetz expressed his thanks to the Board for displaying a flag in the Board Room that meets the standards of federal law.

Harry Lindeman, 201 Old Ballwin Road: Mr. Lindeman said he is in agreement with Mr. Whittenberg regarding opposition to the legislation for search warrants for code violations. He said legislation of this type is way out of line and too easily abused. He asked the Board to think twice about this and said many residents will come forward to express opposition to prevent this legislation from being passed.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3156 - AN ORDINANCE ESTABLISHING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE AND THE DEMOLITION OF SUCH STRUCTURES: KNOWN AS THE BUILDING CODE.

A motion was made by Alderman Buermann and seconded by Alderman Boland for a first reading of Bill No. 3156. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3156 was read for the first time.

City Administrator Kuntz explained that Bill #s 3156, 3157, 3158, and 3159 are adopting the most recent versions of the International (formerly BOCA) Building, Plumbing, Mechanical and Fuel Gas Codes. The City was notified that in order to maintain its ISO rating and the associated lower property insurance rates, it must adopt the most recent editions of these codes. The last time the codes were upgraded was in 1996.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3156. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3156 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3156 with the following results: Ayes – Buermann, Suozzi, Gatton, Robinson, McDowell, Boland. Nays – None. Whereupon Mayor Jones declared Bill No. 3156 approved and it became Ordinance No. 02-16.

BILL # 3157 - AN ORDINANCE ADOPTING THE 2000 EDITION OF THE INTERNATIONAL PLUMBING CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF PLUMBING SYSTEMS IN THE CITY OF BALLWIN; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ORDINANCE N0. 2540 OF THE CITY OF BALLWIN AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

A motion was made by Alderman Boland and seconded by Alderman Buermann for a first reading of Bill No. 3157. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3157 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. 3157. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3157 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3157 with the following results: Ayes – Suozzi, McDowell, Gatton, Robinson, Boland, Buermann. Nays – None. Whereupon Mayor Jones declared Bill No. 3157 approved and it became Ordinance No. 02-17.

BILL # 3158 - AN ORDINANCE OF THE CITY OF BALLWIN ADOPTING THE 2000 EDITION OF THE INTERNATIONAL MECHANICAL CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF MECHANICAL SYSTEMS IN THE CITY OF BALLWIN PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ORDINANCE NO. 2541 OF THE CITY OF BALLWIN AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH.

A motion was made by Alderman Robinson and seconded by Alderman Boland for a first reading of Bill No. 3158. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3158 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3158. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3158 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3158 with the following results: Ayes – Gatton, Buermann, Suozzi, McDowell, Boland, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3158 approved and it became Ordinance No. 02-18.

BILL # 3159 - AN ORDINANCE ESTABLISHING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE AND THE DEMOLITION OF SUCH STRUCTURES; KNOWN AS THE FUEL GAS CODE.

A motion was made by Alderman Gatton and seconded by Alderman Buermann for a first reading of Bill No. 3159. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3159 was read for the first time.

A motion was made by Alderman Boland and seconded by Alderman Buermann for a second reading of Bill No. 3159. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3159 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3159 with the following results: Ayes – Buermann, Gatton, McDowell, Suozzi, Robinson, Boland. Nays – None. Whereupon Mayor Jones declared Bill No. 3159 approved and it became Ordinance No. 02-19.

A RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR PHASE 2 OF THE VLASIS PARK PROJECT .

A motion was made by Alderman Suozzi and seconded by Alderman Boland to approve the Resolution authorizing the submission of a grant application for Phase 2 of the Vlasis Park project. A voice vote was taken with a unanimous affirmative result and the Resolution was declared adopted.

CONSENT ITEMS

Sidewalk Grinder
Golf Carts
MSD Cleanup
Business/Board Appreciation
Employee Appreciation
Alderman Gatton asked that Item B, Golf Carts, be taken up for discussion under the City Administrator’s report before voting on this item. Mayor Jones agreed.

A motion was made by Alderman Gatton and seconded by Alderman Suozzi to approve A, C, D, and E of the consent items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

REPORT OF THE MAYOR

The March 25 Board of Aldermen Meeting is cancelled by a previous vote of the Board of Aldermen. The next meeting will be on April 8 at 7:00 p.m.

FORTEL’S LIQUOR LICENSE

Mayor Jones reported that he has received application for an on-premise Liquor License for Fortels of West County LLC at Claymont Plaza. This application is consistent with statements made during the recent Special Use Exception Public Hearing. A motion was made by Alderman Suozzi and seconded by Alderman Buermann to approve the application. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

REPORT OF THE CITY ADMINISTRATOR

Golf Cars: Alderman Gatton was concerned about the reliability of the EZ-GO cars vs. Yamaha. City Administrator Kuntz said these cars are commonly seen on courses and are of acceptable reliability. Ballwin has had EZ-GO cars in the past.

A motion was made by Alderman Buermann and seconded by Alderman Robinson to accept the bid from Gateway Golf Cars for the EZ-GO golf cars for $17,508. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Utility Installation: City Administrator Kuntz said that staff has negotiated a screening and landscaping plan for the facility recently installed by Southwestern Bell at 106 Hillsdale. This should allow it to blend better into the neighborhood. Southwestern Bell has also agreed to notify Ballwin of all future installations of these kinds of facilities. Board acceptance of the screening plan is requested.

A motion was made by Alderman Boland and seconded by Alderman McDowell to approve the arrangement/negotiated settlement between the City of Ballwin and Southwestern Bell. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Acting Legal Service Compensation: City Administrator Kuntz recommended that the Board formally appoint a provisional Judge and Prosecutor. Mayor Jones asked if the compensation levels for these officials are spelled out on the ordinance. City Attorney Lucchesi said that an ordinance is approved each year as part of the budget establishes the salaries for the judge and prosecutor. This ordinance can be amended to establish salaries for a provisional judge and prosecutor as well.

A motion was made by Alderman Robinson and seconded by Alderman Boland to have such a bill prepared for Board consideration. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

TIF Update: City Administrator Kuntz explained that the economic analysis had been expected by Development Strategies and A.G. Edwards. Laura Radcliff, A.G. Edwards representative, explained that there is not enough money to increase the amount of the TIF bonds above what has been originally proposed. This is mostly due to the lower tax revenue and lower square foot sales that Development Strategies is projecting for Lowe’s. The 1.24 coverage factor is at the minimum that will allow the sales of the bonds. The $250,000 bottom half set aside will also have to be retained because of the volatility of EATS (sales tax) revenues.

Alderman Boland asked if 135,000 square feet is the typical size for Lowe’s. Dan Fox said this is the standard size. Alderman Boland asked why Regency believes that Lowe’s will perform at the high end of what most Lowe’s stores will do. Dan Fox said that Lowe’s believes that this store will do well because they are paying a higher than typical rent.

Laura Radcliff said that this is the TIF year in the local bond market. Many TIFs are selling bonds this spring and summer. It would be good to get these bonds sold as soon as possible. If the bond market gets flooded it will probably increase interest rates. Ballwin should try to get into the market first because the other pending projects may have a competitive advantage in the market. Allowing A.G. Edwards to begin preparing the documents now will be helpful in getting to the market sooner. Rates are down now but they may go up soon. Alderman Boland said he is not comfortable with accepting the developer’s sales estimate above the Development Strategies estimate. Dan Fox said Regency has already lowered its estimates. He thinks that the new lower numbers are overly conservative. He asked that the City not make any commitment to an amount at this time in order to allow a review of a possible error in the pilots revenues and continued evaluation of the eats revenues.

Laura Radcliff said April 17, 2002 is the critical date for the establishment of the amount of the bond issue. Alderman Boland asked that the numbers be reviewed and refined and provided to the Board a week or so in advance of the April 22, 2002 meeting. Alderman Robinson agreed that the Board needs time to understand the A.G. Edwards recommendation on this bond issue and the analysis of revenues and maximum issuance size.

Jim Mello said the Board needs to be mindful of the 25% Pilots pass through to the other taxing jurisdictions and the $250,000 bottom half guarantee that are part of this deal.

City Administrator Kuntz said Lowe’s will have to amend their business license because the numbers being discussed here are much higher than indicated on the business license application.

Laura Radcliff said she would have to know the sizing of the bond issue by April 17.

Landing Easement for the Overpass: City Administrator Kuntz said the 40-foot x 80 foot easement size was chosen to accommodate an ADA accessible ramp. Dan Fox said this cannot be done because doing this will invalidate the leases of the businesses. The leases contain a provision that prohibits Regency Centers from modifying the common areas without their consent. Adding a pedestrian walkway easement the size discussed here would be modifying it. Mr. Fox said he is not opposed to working with the tenants and the City to attempt to get tenants to accept the easement.

Mayor Jones said the plat should be signed with the 30 ft. x 30 ft. easement. Any additional easement should be negotiated.

Alderman Robinson said he finds it hard to believe that the tenants are going to argue that giving the City this easement is going to be sufficient modification of the plan to warrant default. He asked if anyone has contacted the tenants to see if they will agree to the modification. Mr. Fox said he needs a conceptual design that shows how big the walkway I going to be and what the easement is going to be. Alderman Suozzi said that from the very beginning, the overpass across Manchester Road has always been part of the Olde Towne concept.

Dan Fox said the worst thing the City could do would be to build a structure that would block the visibility in front of the shopping center.

A motion was made by Alderman McDowell and seconded by Alderman Suozzi to move forward with a conceptual design and forward it to Mr. Fox for presentation to the tenants. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Future Issues/Goals: City Administrator Kuntz asked the Board to fill out the form and return to him for analysis.

Design Services – Vlasis Park: City Administrator Kuntz said that Staff has evaluated references, the scope of service and prior experience with the City of Ballwin. As a result, it is recommended that Terraspec, which designed Phase 1 of Vlasis Park, be retained to provide the design services for Phase 2.

A motion was made by Alderman Gatton and seconded by Alderman Robinson to retain Terraspec for the design services of Vlasis Park Phase 2. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Outdoor Pool Detention: City Administrator Kuntz said he is not looking for any formal Board action tonight. This issue is being presented for the Board’s information only at this time. He said he would like to explore creative solutions to this problem. He said it may cost another $200,000 to properly design for this issue. This cost was not anticipated in the original pool cost estimate.

Roadwork for 2003: City Administrator Kuntz said the list provides an estimate for work to be done in 2003. Alderman Gatton was concerned that there was some duplication on the list. City Administrator Kuntz stressed that this list is a snapshot looking forward. Roadway conditions at the time the 2003 budget is prepared may require some deviation from this list.

Alderman Suozzi asked that the intersection of Crestland and Sunset be evaluated as part of the Crestland work because it is difficult for two cars to pass due to the narrow roadway.

ALDERMANIC COMMENTS

A motion was made by Alderman Buermann and seconded by Alderman McDowell to adjourn. The motion passed unanimously and the meeting was adjourned at 8:44 p.m.

 
ATTEST:
 

MC