Board of Aldermen Meeting

Meeting Agenda

Meeting Minutes

Minutes of the January 28, 2008 Board of Aldermen Meeting
City of Ballwin - 300 Park Drive

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

PRESENT	ABSENT
MAYOR WALT YOUNG	ALDERMAN JIMMY TERBROCK
ALDERMAN TIM POGUE	ALDERMAN JAMES ROBINSON
ALDERMAN KEN BUERMANN	ALDERMAN RAY LEMBKE
ALDERMAN JANE SUOZZI
ALDERMAN FRANK FLEMING
ALDERMAN RAY KERLAGON
CITY ADMINISTRATOR ROBERT KUNTZ
CITY ATTORNEY ROBERT E. JONES

The Pledge of Allegiance was given.

The Minutes of the January 14, 2007 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PENDING ISSUES
None.

CITIZEN COMMENTS

Michele Gardner, representing Ed Griesedieck regarding Bill # 3517 and 3518:  She said that Mr. Griesedieck’s letter requests that these Bills be withdrawn and resubmitted at a later date.  Instead of the Bills being withdrawn, the petitioner would like to postpone/table a vote of the Board to allow a revised plan to be prepared by the engineers that will be more pleasing to the City and the residents.

City Attorney Jones said the Planning & Zoning Commission recommended that the Board deny both petitions.  If a re-submitted plan is sufficiently different, it will have to be reviewed again by the Planning & Zoning Commission.  If the Board is willing to table, by motion, Bills 3517 and 3518, the re-submission would go back to the Planning & Zoning Commission without an additional fee.  He advised that the Board make a motion to table the bills.  They would then appear as Old Business on the next agenda or until a new submission is received from the petitioner. 

Alderman Pogue said that at this time, there is a negative recommendation from Planning & Zoning.  He believes that Planning & Zoning should review all of the changes made to the plan, regardless of how small or major they are.  City Attorney Jones said that the plan cannot be sent back to the Commission until a new plan is submitted and the Board determines that it must go back.  City Administrator Kuntz said that it takes a super majority of the Board to overturn the Commission’s negative rezoning recommendation. 

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to table Bill 3517 and 3518.  A voice vote was taken as follows:  Aye:  Buermann, Suozzi, Fleming, Kerlagon.   Nay:  Pogue.  The motion was approved by a vote of 4-1. 

Quorum Explanation:  City Attorney Jones explained that a quorum is present at this meeting.  In order for legislation to become an ordinance, however, a majority of those elected must vote favorably, which is 5 aldermen.  This motion to table is not legislation; therefore, only a majority of those present is required for this motion to pass.  The 4-1 vote is a majority of those present and Bills 3517 and 3518 are tabled.

Richard Boerner, 726 Oak Meadows Ct.:  Mr. Boerner said that he has done research on Ballwin’s financial situation, and has determined that he agrees with the Board that there is an urgent need for the proposed real estate tax.  He said the aldermen are taking courageous steps now that should probably have been taken some time ago to assure the revenues of the city. 

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3513 - AN ORDINANCE ACCEPTING ALL TERMS AND PROVISIONS OF THE SETTLEMENT AGREEMENT WITH AT&T MOBILITY RELATIVE TO MUNICIPAL TAXES.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a first reading of Bill No. 3513.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3513 was read for the first time.

A motion was made by Alderman Pogue and seconded by Alderman Buermann for a second reading of Bill No. 3513.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3513 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3513 with the following results: 
Ayes – Suozzi, Fleming, Buermann, Pogue, Kerlagon.    Nays – None.  Bill No. 3513 was approved and became Ordinance No. 08-02.

BILL # 3514 - AN ORDINANCE ACCEPTING ALL TERMS AND PROVISIONS OF THE SETTLEMENT AGREEMENT WITH SPRINT/NEXTEL RELATIVE TO MUNICIPAL TAXES.

A motion was made by Alderman Pogue and seconded by Alderman Buermann for a first reading of Bill No. 3514.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3514 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a second reading of Bill No. 3514.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3514 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3514 with the following results: 
Ayes – Fleming, Pogue, Suozzi, Kerlagon, Buermann.    Nays – None.  Bill No. 3514 was approved and became Ordinance No. 08-03.

BILL # 3515 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO ROBIN NASER, DBA CHICAGO TASTE, INC., FOR OPERATION OF A RESTAURANT WITH CARRYOUT, BUT WITHOUT ALCOHOLIC BEVERAGES OR ENTERTAINMENT.

A motion was made by Alderman Suozzi and seconded by Alderman Kerlagon for a first reading of Bill No. 3515.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3515 was read for the first time.

A motion was made by Alderman Pogue and seconded by Alderman Buermann for a second reading of Bill No. 3515.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3515 was read for the second time.

Since this is a Special Use Exception, Mayor Young read the following:  A vote in favor of the bill finds that the Petition, as submitted, would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over-tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.  A vote against the bill means that one or more of these findings are absent.

A roll call was taken for passage and approval of Bill No. 3515 with the following results: 
Ayes – Pogue, Suozzi, Fleming, Kerlagon, Buermann.    Nays – None.  Bill No. 3515 was approved and became Ordinance No. 08-04.

BILL # 3516 - AN ORDINANCE ADOPTING REGULATIONS CONCERNING STREAM BUFFER PROTECTION IN THE CITY OF BALLWIN.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3516.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3516 was read for the first time.

A motion was made by Alderman Pogue and seconded by Alderman Buermann for a second reading of Bill No. 3516.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3516 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3516 with the following results: 
Ayes – Kerlagon, Suozzi, Buermann, Pogue, Fleming.    Nays – None.  Bill No. 3516 was approved and became Ordinance No. 08-05.

BILL # 3517 - AN ORDINANCE AMENDING ORDINANCE NO. 557, KNOWN AS "THE ZONING ORDINANCE" OF THE CITY OF BALLWIN, AND AMENDING "THE DISTRICT MAP" BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN LAND IN THE CITY OF BALLWIN FROM R-1 SINGLE FAMILY DWELLING DISTRICT AND C-1 COMMERCIAL DISTRICT TO PSD PLANNED SINGLE FAMILY DEVELOPMENT DISTRICT.

This Bill has been tabled.

BILL # 3518 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR THE VERANDAHS @ KEHRS MILL, AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

This Bill has been tabled.

CONSENT ITEMS:  (Budgeted items which are low bid and do not exceed expenditure estimates and/or items which have been previously approved in concept.)

A. None.

MAYOR’S REPORT

Historical Commission Second –Hand Book Sale on February 2, 8:00 a.m. – 4:00 p.m. at The Pointe At Ballwin Commons.  Proceeds will benefit the Old Ballwin Schoolhouse. 

McAllister’s Deli – February 12, Dine & Cash Program for the Ballwin Historical Commission.  He said 15% of the total sales will go to the Commission for Ballwin’s Old Schoolhouse.  This will be from 4:00 p.m. to closing time. 

CITY ADMINISTRATOR’S REPORT

Chamber of Commerce Proposal:  City Administrator Kuntz said the Chamber of Commerce has suggested that a staff person be hired for the purpose of coordinating economic development within the Manchester Road corridor.  This proposal has been sent to 6 cities in this area.  He said some of the benefits are marketing on a regional vs incremental basis, a more comprehensive data base, and a single contact that could be steered to the individual community staff for further discussion on specific development proposals.  He said that this is consistent with the goals of the Chamber and the Board’s priorities in terms of economic revitalization.  Alderman Kerlagon said that this is a worthwhile proposal for Ballwin to pursue. 

Alderman Fleming said that the West County Chamber of Commerce is asking Ballwin to help fund an economic development position for the Manchester Road corridor, consisting of Ballwin, Clarkson Valley, Ellisville, Manchester, Twin Oaks, Valley Park, Wildwood, and Winchester.  He said he supports the concept.  He asked if it is permissible to fund the proposed position since this is for a business association?  Is there a conflict regarding public funding?  City Attorney Jones said that he does not see a conflict.  He said the Chamber of Commerce fees are based on business license revenue within each city.  Alderman Fleming asked that research be done regarding this matter.  City Attorney Jones said that he assumes that the Chamber would adjust the membership formula for each city.  He said he will research this to determine what a 4th class city can do. 

City Administrator Kuntz said that this is based on other models such as Cape Girardeau, Columbia/Jefferson, and Springfield.  He said he helped develop the job description for this position.  There must be value and accountability to all financial participants.  It must be cost effective.  He said he will come back to the Board with a firm proposal.

Double-Fine Zones:  City Administrator Kuntz recommended moving forward with preparation of the legislation, and become effective on either June 1 or July 1.  Signage and resident notification is appropriate.  There will be approximately 400 signs to be installed. 

A motion was made by Alderman Suozzi and seconded by Alderman Pogue to draft legislation for the Double-Fine Zone ordinance.

Alderman Fleming suggested postponing preparation of legislation to allow discussion of the full Board.  He said he agrees with the concept of the Double-Fine Zones, but feels that there are uncertainties that should be discussed.  He said that most of the residential streets in Ballwin are 25 miles per hour.  This would designate almost the whole City of Ballwin as a Double-Fine Zone.  He said the previous discussion was that this legislation would apply to high traffic streets and cut-through streets. 

City Administrator Kuntz said that originally there were two philosophies that were discussed.  Chief Biederman had recommended that it be applied to school zones.  City Administrator Kuntz said that it was his recommendation to target exclusively the major arterials.  If streets are not listed by classification, the process would be confusing.  At that time, the Board seemed to agree with Chief Biederman. 

Alderman Fleming said that there should be a reason that a street is designated as a Double-Fine Zone, and not the whole city.  Alderman Suozzi said that all of the 25-mile per hour speed zones are in residential areas.  City Attorney Jones said that the legislation could be prepared, read once, discussed, changes made, and be included on the next agenda again as old business. 

Alderman Suozzi said that Kehrs Mill and Henry would not be included in the Double-Fine Zones because these have 30 mile per hour speed limits.  Mayor Young said that Twigwood Drive is a cut through and has speed problems.  The side streets in this area do not have the same speeding issues.  Alderman Suozzi said that Chief Biederman was wanting to make the enforcement easier.  Mayor Young said that the Judge in court enforces the Double-Fine penalty, not the police officer. 

Alderman Pogue asked if the Double-Fine Zone ordinance would apply instead of the traditional speeding ordinance.  City Attorney Jones said the speed limits are set by ordinance.  The speed limits are not going to change.  This is a directive what fines will be applied by the Municipal Court.  City Administrator Kuntz said that signs will be posted notifying the motorists that it is a Double-Fine Zone.  The speed limit will not change. 

Alderman Suozzi asked how people can pay the fine in advance without going to court.  City Attorney Jones said that the information on the ticket instructs to call the court if they want to pay the fine before the appearance.  Alderman Pogue asked if someone would be cited for speeding in a special enforcement area.  City Attorney Jones said no.  The ticket would be for exceeding the speed limit indicating the posted speed and the driver’s speed. 

Alderman Pogue said that there is a program in O’Fallon and Hazelwood called “Keep Kids Alive, Drive 25”.  Any fines in those areas are double fines.  He asked if this should be considered for Ballwin.

Alderman Pogue withdrew his “second” of the motion to postpone for full Board discussion.  Alderman Suozzi withdrew her motion.

Facility Usage:  City Administrator Kuntz withdrew the policy change proposal due to insufficient aldermen present to approve the change which requires a 2/3 Board majority. 

CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS

Fence Issue:  Alderman Pogue said that Mr. Schubert has requested permission to erect a fence in front of his property in the public right-of-way.  To construct the fence within the right-of-way, approval of the Board of Aldermen is necessary.  The fence is proposed within the 12-foot grassy portion of the right-of-way behind his property  To the west of his property is a large section of common ground.  The landscape is similar to his property and many residents in the surrounding area think that his property is actually part of the common ground.  He wants to protect himself from legal action in the event someone is injured on his property.  City Attorney Jones and Assistant City Administrator Aiken suggested that the process should be similar to a subdivision monument, in which the property owner would be responsible for the maintenance and liability of the fence.  As with anything built within the right-of-way, if the fence needs to be removed, this would be at the owner’s expense. 

Alderman Suozzi asked if subdivision approval is necessary.  Alderman Pogue said that Mr. Schubert has contacted the trustees.  They will approve the fence as long as the City of Ballwin approves it also.  City Administrator Kuntz recommended having on file the subdivision trustees approval for a permanent record. 

Alderman Pogue asked if the Board is willing to approve the request, with the fence permit not being issued until the letter of approval from the trustees is received by the city.  The Board unanimously agreed.

Cash Reserves:  Alderman Buermann said that the A.G. Edwards report shows that Ballwin’s cash reserves are 15%, and 23% - 25% would be an optimal amount.  He asked for an alternative plan that will set aside 2% of revenues per year to build a larger reserve.  It was previously discussed to start a Capital Budget reserve fund for unexpected expenses.  He asked the Board to discuss this at the next meeting.

Smoke n Fire:  On January 29, State Representative Neal St. Onge will present a Proclamation to the owner of Smoke n Fire for their work with the Historical Commission for the Barbeque Bash last summer. 

Winter Workshop:  Alderman Fleming commented that Ballwin is actively working with the City of Ellisville to find areas where expenses can be shared. 

Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn.  The motion passed unanimously and the meeting was adjourned at 7:41 p.m.

WALTER S. YOUNG, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC