Board of Aldermen Meeting Agendas & Minutes
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 and Finance & Administration Committee Meeting
MINUTES of the June 11, 2007 BOARD OF ALDERMEN MEETING
The Finance & Administration Committee meeting was called to order at 6:30 p.m. on June 11, 2007 by Chairman Fleming. Committee members in attendance included Aldermen Buermann, Pogue, Kerlagon. Also in attendance were Mayor Young, Aldermen Lembke, Terbrock, City Administrator Kuntz, Assistant City Administrator Aiken, Finance Officer Loehr, and Police Chief Biederman.
Chairman Fleming recounted the measures that had been previously considered by the committee. He offered to provide a one-page status summary for presentation to the Board. It was proposed that future expenditures be given greater scrutiny in light of the expected revenue loss. It was also requested that future budget information be provided in a more timely manner. Additional issues for future consideration included the bid process, local bid preference, a public opinion survey, and the reserve fund policy.
As a final note, Chairman Fleming summarized his understanding of the policy regarding use of the golf clubhouse. This was done in response to a 6/11/07 Board of Aldermen request regarding a 2005 use of the golf clubhouse banquet facility by a subdivision who stated that it was approved as free by Mayor Young. Alderman Fleming stated that the existing Board policy at the time did not authorize a free use. He said that no individual or organization has been billed the $400 fee for the facility's use in question.
Adjourn: A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to adjourn. A voice vote was taken with a unanimous affirmative result and the meeting adjourned at 7:00 p.m.
Robert Kuntz, City Administrator Chairman Frank Fleming
MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
June 11, 2007
The meeting was called to order by Mayor Young at 7:05 p.m.
The Pledge of Allegiance was given.
The Minutes of the May 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.
City Attorney Presentation: Mayor Young presented a plaque to City Attorney Lionel Lucchesi in recognition of his retirement and appreciation for his dedicated service to the City of Ballwin as Alderman and City Attorney.
City Administrator Kuntz presented City Attorney Lionel Lucchesi with a monogrammed Ballwin “City Attorney” staff shirt. City Attorney Lionel Lucchesi said that it has been his pleasure to serve such a great city.
BILL # 3480 - AN ORDINANCE AMENDING CHAPTER 2, ARTICLE III, SECTION 2-148, PARAGRAPH (E) DEALING WITH THE DUTIES OF THE CITY ADMINISTRATOR BY CLARIFYING REPORTING RESPONSIBILITIES OF CERTAIN CITY OFFICERS BY THE ADDITION OF A NEW SUB PARAGRAPH NUMBER (7).
A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3480. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3480 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. 3480. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3480 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3480 with the following results:
Ayes – Lembke, Pogue, Robinson, Buermann, Fleming, Suozzi, Terbrock, Kerlagon. Nays – None. Bill No. 3480 was approved and became Ordinance No. 07-15.
BILL # 3481 - AN ORDINANCE APPOINTING ROBERT E. JONES AS CITY ATTORNEY FOR THE CITY OF BALLWIN.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3481. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3481 was read for the first time.
A motion was made by Alderman Buermann and seconded by Alderman Pogue for a second reading of Bill No. 3481. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3481 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3481 with the following results:
Ayes – Buermann, Fleming, Pogue, Robinson, Kerlagon, Suozzi, Lembke, Terbrock. Nays – None. Bill No. 3481 was approved and became Ordinance No. 07-16.
As a result of the passage of Bill 3481 / Ordinance 07-16, Robert E. Jones began serving in the position of City Attorney for the City of Ballwin.
Paul Morgan, 73 Meadowbrook Country Club Estates, Trustee: Mr. Morgan said that nearly 10 years ago, the Meadowbrook Estates Subdivision dedicated the streets to the City of Ballwin. Since that time, only superficial repairs have been made to the Meadowbrook streets. He said that these streets have continuously deteriorated based on independent PCI ratings and actual travel experience to the point of significant disrepair. He said that Meadowbrook has committed to various avenues to get the streets repaired, but continually met with resistance from Ballwin.
Mr. Morgan suggested the following three options: 1) Ballwin should take responsibility and step up to make necessary repairs to streets; 2) Permit Meadowbrook to pursue jurisdictional boundary transfer without prejudice or restrictions; 3) Permit Meadowbrook Subdivision to provide funding to expedite necessary repairs within the subdivision. If the balance of streets cannot be completed next year, Ballwin should provide the breakout of the estimated $300,000 needed for next year and the following to complete the needed repairs by 2009. Mr. Morgan asked for a timely response to collect the appropriate funds.
A motion was made by Alderman Robinson to add this item to the next Board meeting agenda and for the Public Works Committee to meet and discuss the options and formulate a plan.
Mr. Morgan said this has been discussed for two years. Alderman Robinson said that there have been changes in street technology and meetings with trustees and residents of other subdivisions, wherein they have asked why they can’t be bumped up earlier in the line for street repairs, even though Meadowbrook Subdivision can be bumped up in line because they have more money. He said that this gives the impression that people who can contribute money can get their streets repaired sooner than those who are not as wealthy. He said that it has never been the policy in Ballwin that street repairs will be made if the residents of the subdivision contribute to the cost. Mr. Morgan said that this option was presented to Meadowbrook that the City would vacate the streets, have the subdivision repair the streets, and then rededicate the streets. He asked if this is being offered to other subdivisions? Alderman Robinson said this is not being offered to anyone. He asked for time to have the Public Works Committee meet with the City Engineer, examine the latest possibility, and come up with an answer so that he can present the NID proposal to the subdivision.
The motion was seconded by Alderman Pogue. City Administrator Kuntz said that there is a commitment by Meadowbrook and the City to improve the roadway segment that Mr. Morgan referred to. He said this is not just about money but also the window of opportunity. He said we can’t pull the crews off of other projects for the rest of this year to push up Meadowbrook’s streets. The discussion should discuss 2008 funding.
Alderman Terbrock said he did not recall a suggestion being made for the City to vacate the streets. Mr. Morgan said that this was an option that was informally presented. City Administrator Kuntz said that this was not presented. He said that in one of the many e-mails with Mr. Morgan, he said he told Mr. Morgan that if he is in such a big rush, he should ask the City to vacate the streets and see if they can repair the streets themselves. They can do this based on the Meadowbrook rules and funds. City Administrator Kuntz said that this was never presented to the Board. Mr. Morgan did not think this was a good idea. Mr. Kuntz said the City has offered and delivered in good faith what the Board of Aldermen has authorized.
A voice vote was taken with a unanimous affirmative result and the motion passed.
Alderman Lembke, Chairman of the Public Works Committee, said that the Public Works Committee will meet at 6:15 p.m. on June 25 and discuss this issue.
Barbara Botts, 319 Wildbrier Dr.: Mrs. Botts said that she is happy about the cooperation of the Mayor and Board in the appointment of Robert Jones as City Attorney. She said since Mr. Jones is trained in mediation, she is hoping to see the Board and Mayor work together for the good of the citizens.
Dale Schmid, 517 Connie Lane, Manchester, Mo.: Mr. Schmid said he is co-owner of two houses on Lock Drive in Ballwin and is selling one of the houses. He said he has had a problem with his real estate signs, both with and without a permit being stolen. He filed a complaint with the Police Department on June 4 that he observed a woman get out of a car and take one of his signs. He said he recognized the driver as a member of the city staff, who told him that he didn’t have a permit for the sign. He said about 5 hours later, he was given back the written report and was told “The Captain said that this must be handled through the political process.” Mr. Schmid said that the political motivated refusal to investigate is a political cover up. The Police Department is playing politics by picking and choosing which violations of law they are going to investigate because they might know or work with the perpetrator.
Alderman Lembke said that according to the Ballwin ordinances, off-site advertising is illegal at all times. He said the real estate companies believe that because the enforcement is sporadic on the weekends, their signs won’t be picked up. Off-site signs may be picked up even on the weekends.
Mr. Schmid said that in the Code of Ordinances 22-58C, permits are allowed. He got permits for two signs, and both signs were stolen. He said that last year, the Code Enforcement Clerk/Secretary told him that he could have up to 32 square feet on his sign with 16 feet on one side, 16 on the other, 4X4. This was a large sign and was later told that the sign had to be taken down because the limit is 6 square feet.
Mayor Young said that this information will be researched by City Attorney Jones and will be discussed at the next Board meeting.
BILL # 3482 - AN ORDINANCE AMENDING CHAPTER 6, ARTICLE IV, SECTION 6-71 BY DELETING THE PRESENT SECTION AND INSERTING A REVISED SECTION DEALING WITH ELECTION AND DUTIES OF CERTAIN OFFICERS FOR THE PLANNING AND ZONING COMMISSION OF THE CITY.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3482. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3482 was read for the first time.
A motion was made by Alderman Buermann and seconded by Alderman Pogue for a second reading of Bill No. 3482. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3482 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3482 with the following results:
Ayes – Pogue, Kerlagon, Suozzi, Robinson, Terbrock, Buermann, Fleming, Lembke. Nays – None. Bill No. 3482 was approved and became Ordinance No. 07-17.
CONSENT ITEMS: (Budgeted items which are low bid and do not exceed expenditure estimates and/or items which have been previously approved in concept.)
Alderman Buermann requested that Item D (School House) be removed for further discussion.
A motion was made by Alderman Robinson and seconded by Alderman Terbrock to accept Consent Items A, B, C, and E. A voice vote was taken with a unanimous affirmative result and the motion passed.
Liquor License Renewals: A motion was made by Alderman Terbrock and seconded by Alderman Robinson to approve the submitted liquor license renewals. A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ADMINISTRATOR’S REPORT
Consent Item D - School House: City Administrator Kuntz said this is a proposal to complete the professional services, plans and specifications of the design phase so that donations can be solicited and Ballwin can engage in the remaining elements of the school house renovation. He said that because of the historical nature of that particular service, we don’t have the luxury of getting proposals. It is recommended that the same firm be used that did the initial work up to this point.
Alderman Buermann said that he will vote Nay for the expenditure of this amount of money because there is a $145,000 shortfall, $15,000 is 10% of that shortfall. He said through the rest of 2007, non-essential expenditures should be postponed to a later date.
City Administrator Kuntz said that this project is an application of park sales tax funds in the capital budget. This money cannot be re-allocated towards general purpose. He said the school house is ¾ finished and the commitment was made to complete the project. He said there’s no money in the budget for anything else at the school house except these plans.
Alderman Buermann suggested setting up an escrow fund for the 2008 budget. He said the school house should have been completed by the developer of Olde Towne, but that didn’t happen.
Alderman Terbrock said that the Parks money cannot be re-allocated to use on streets. City Administrator Kuntz agreed. Alderman Robinson said the $15,000 should be used in 2007 to finish the school house project. He said this was a commitment that was made to the Historical Commission. City Administrator Kuntz said that the Historical Commission was told that they need to find fund-raising sources to finish the improvements because the City was not going to provide funds every year for more capital projects at the school house. He said that donations have been solicited for the roof and siding. We can’t state what anything costs until we have the plans to put out for bid. The project cannot be completed in-house because this is a historical structure that either needs to be abandoned or completed.
Alderman Lembke asked, if the $15,000 is in escrow until next year and if there is an emergency expense in the Parks & Recreation Department, could this be used for that purpose. City Administrator Kuntz said yes. Alderman Lembke said that the sponsorship has been secured.
Alderman Fleming said that the school house was discussed during the last budget cycle. We have an idea of what completion will cost. He said that spending the $15,000 now commits the City to following through with the plans. He asked if it would be more prudent to do the plans as we get closer to the actual time when we can say confidently that the expenditure is there? He said he agrees with Alderman Buermann that at this time, this is an expense that can be deferred because there is not a stated use for the school house that will generate revenue or be a short-term benefit to the community.
Alderman Robinson said if we don’t have the plans, we can’t ask vendors to donate the services or supplies. This may cost more later on. He said the Board should stick with the commitment that was made to preserve Ballwin history.
Alderman Suozzi asked about the 503C position of the Commission. She said this has been an issue in the past and asked if the document has been secured. City Administrator Kuntz said no and that City Attorney Jones will work on this. He said we have this for the Fine Arts Commission but not for the Historical Commission. If we get donations, there is a tax benefit to the donor. He said the 503C does not affect the plans and specs, but does affect what comes after that. City Attorney Jones said this is not a difficult process and will take approximately 60 days to complete with an estimated cost of $1,000. Alderman Suozzi said that having this document will make donations easier to solicit.
A motion was made by Alderman Robinson and seconded by Alderman Pogue to approve the expenditure. A voice vote was taken with the following result: Ayes: Aldermen Suozzi, Lembke, Robinson, Lembke, Terbrock. Nays: Aldermen Buermann, Fleming, Kerlagon. The motion passed by a vote of 5 Ayes and 3 Nays.
Future Meetings: City Administrator Kuntz asked if the Board would like to utilize the summer schedule for the Board meetings, canceling the July 9 and August 13 Board meetings. He said this will not affect any Planning & Zoning issues for Board approval.
A motion was made by Alderman Pogue and seconded by Alderman Suozzi to cancel the July 9 and August 13 Board meetings. A voice vote was taken with the following result: Ayes: Terbrock, Pogue, Buermann, Suozzi, Lembke. Nays: Robinson, Kerlagon, Fleming. The motion passed with a vote of 5-3.
Mayor Young suggested scheduling a committee meeting on the night of the cancelled Board meeting.
Vlasis Park Improvements: City Administrator Kuntz said that this is 95% funded by a grant from St. Louis County Parks Commission. He said the low bid was $5,000 above the amount budgeted. To bring the price down to the amount budgeted, would require the reduction of 10 parking spaces. There is a Parks contingency of $40,000. He said it would be a mistake not to build the parking spaces now and have to add them later. Out of $205,000 we will get 95% back from the St. Louis County Parks Commission.
A motion was made by Alderman Pogue and seconded by Alderman Robinson to approve the Vlasis Park Improvement project based on the 95% grant from St. Louis County Parks Commission. A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ATTORNEY’S REPORT
Access Easement: City Attorney Jones said that an access easement has been secured to the property at Highview and Coronet.
Telecommunications: City Attorney Jones reported that there are 4 different pieces of litigation in the process involving telecommunications providers.
City Attorney Jones will be representing the City through the remainder of the real estate transactions, including the authorized sale of excess remnants on Ries Road. The sealed bid process will be conducted for the Highview lot.
Historical Commission: Alderman Buermann said that the non-profit status of the Historical Commission should be completed.
Allied Waste Contract: Alderman Buermann asked if the trash contract with Allied Waste is expiring on December 31, 2007. City Administrator Kuntz said it is and a proposal cannot exceed 3% because of the cap of the CPI or Transportation Index, whichever is less. Allied Waste has been notified to provide this information.
Volleyball Court Lights: Alderman Terbrock asked if there has been any consideration to lighting the volleyball court in Vlasis Park. City Administrator Kuntz said that this was cut out of the budget and the lights at this location would be an inconvenience to the nearby apartments.
Curb Cuts & Sidewalk Repairs: Alderman Terbrock complimented staff for the placement of the curb cuts and sidewalk repairs along Ramsey Lane and Ballwin Commons Drive.
Public Works Committee Meeting: Alderman/Chairman Lembke stated that there will be Public Works Committee meetings at 6:15 p.m. on June 25, and at 7:00 p.m. on August 13.
Adjourn: A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to adjourn. The motion passed unanimously and the meeting was adjourned at 8:13 p.m.
Walter S. Young, Mayor
Robert A. Kuntz, City Administrator