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 Meeting
BOARD OF ALDERMEN MEETING
300 Park Drive – Donald “Red” Loehr Police & Court Center
This is a condensed summary of the action items which will be considered at tonight’s Board Meeting. It has been prepared to give you a greater understanding of the issues which will be discussed. If you have comments, questions, or concerns, please call (636) 227-8580. If you would like to know more about the programs or services which we provide, please dial our 24-Hour Information Line (636) 207-2300, or visit us on the web at www.ballwin.mo.us.
Please limit your comments to 3 minutes as an individual and 5 minutes representing a group. Please avoid repeating comments others have already made. Thank you for your cooperation
1. Call to Order
NOTE: Due to ongoing City business, all meeting agendas should be considered tentative. Additional issues may be introduced during the course of the meeting.
CLOSED SESSION: Pursuant to Section 610.022 RSMo., The Board of Aldermen could, at any time during the meeting, vote to close the public meeting and move to closed session to discuss matters relating to litigation, legal actions, and/or communications from the City Attorney, as provided under Section 610.021(1) RSMo., and/or personnel matters under Section 610.021(13) RSMo., and/or employee matters under Section 610.021(3) RSMo., and/or real estate matters under Section 610.021(2) or other matters as permitted by Chapter 610.
MINUTES OF THE BOARD OF ALDERMEN MEETING
THE MINUTES ARE PREPARED IN SUMMARY TO REFLECT THE OVERALL DISCUSSIONS, NOT VERBATIM QUOTES.
The meeting was called to order by Mayor Pogue at 7:03 p.m.
The Pledge of Allegiance was given.
The Minutes of the March 14, 2016 Board of Aldermen meeting minutes were submitted for approval.
A motion was made by Alderman Fleming and seconded by Alderman Bullington to approve the March 14, 2016 Board of Aldermen meeting minutes as presented . A voice vote was taken with a unanimous affirmative result and the motion passed.
Rick Stream, of 1229 Lockett Ln in Kirkwood, Missouri, addressed the Board to let it know he would be running for State Senate. He wanted to reintroduce himself. He thought he had spoken to the Board a few years ago when he was running for St. Louis County Executive where he lost. The margin was about two votes per precinct, so and stated each vote does count. He is running for State Senate to replace Eric Schmidt of District 15, whose term has run out. He stated he is working hard to win this seat. Assuming that he does win, he added, he would provide each Board member with his personal cell phone number and email address. He said, hopefully, come January, he will be the new State Senator from District 15.
BILL NO. 3922 PSD FOR ESSEN ESTATES SUBDIVISION
A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a first reading of
Scott Paul from Vanderbilt Homes, 2617 Wynncrest Ridge Dr, St. Louis, 63005 was present to answer questions from the Board.
Alderman Roach stated he was not supportive of a 30 ft. wide recreation area along Ries Road. He asked if Vanderbilt Homes had established any recreation areas this narrow in any of their other subdivisions.
A motion was made by Alderman Fleming and seconded by Alderman Leahy for a second reading of
A roll call vote was taken for passage and approval of Bill No. 3922 with the following results:
Bill No. 3922 failed with a vote 7 to 1
Summer Meetings: Mayor Pogue provided the following meeting cancellations that he is recommending for the Board’s approval:
A motion was made by Alderman Roach and seconded by Alderman Leahy to approve cancelling these meetings. A voice vote was taken with a unanimous affirmative result and the motion passed.
A motion was made by Alderman Stallmann and seconded by Alderman Kerlagon to rescind the previously approved cancelled meetings. A voice vote was taken with a unanimous affirmative result and the motion passed.
A motion was made by Alderman Roach and seconded by Alderman Terbrock to approve the cancellation of these meetings. A voice vote was taken with a unanimous affirmative result and the motion passed.
House Bill 2809: Mayor Pogue informed the Board that this bill before the Missouri House will prohibit municipalities and counties from collecting sales tax for in-state or out-of-state motor vehicle purchases should the cities and counties not pass the use sales tax by November of 2016. Mayor Pogue expressed his concerns that if Proposition B does not pass in Ballwin, the City stands to lose $1.2 million in revenue pursuant to this bill. He recommended that a motion be made to allow City Administrator Hanson to write letters to each House Committee Members, State Representatives and State Senators who represent Ballwin to oppose this bill.
Board of Aldermen Work Session: Mayor Pogue asked if anyone had a chance to review their calendars to establish a Board Retreat. He offered April 23rd as a possible date from 8am to noon. This date conflicted with the calendars of several other members of the Board. He asked that everyone look at their calendars soon and to get back to him with dates.
April 16th Ceremony: Mayor Pogue announced there will be a ceremony on April 16th in front of City Hall dedicating a section of Manchester Road for Army Sargent Zachary Fischer. This section will be designated as a Heroes Way. Sargent Fischer died in action on September 10, 2010 in Afghanistan and was a graduate of Marquette High School and grew up in Ballwin. Mayor Pogue explained that Heroes Way dedications have always been on Highway Interchanges. Mayor Pogue worked with the Fischer Family and State Representatives to have the legislation changed because they wanted a part of Manchester Road, where he grew up, to be in his honor. This change was made last fall. The signs will be ready for the ceremony on April 16th. He stated that if anyone is available and would like to attend, the ceremony will take place in front of City Hall at noon. The Heroes Way dedication will be on Manchester Road, from Ries Road to New Ballwin Road. The signs will be on both sides of Manchester.
Street Repairs: City Administrator Hanson stated that milling work has begun on some of the City streets. This is the time of year when re-pavement and the replacement of streets begins throughout the City.
Tree Removal: City Administrator Hanson recapped the street tree replacement program. The majority of the Ash trees targeted for removal this past winter have been removed without incident. Over 300 trees and stumps have been removed. Questions have come up about the availability of the resultant fire wood. City Administrator Hanson stated the firewood would be available after November 1st. The City has to allow the wood to season because the Emerald Ash Borer is present in the wood. He added that there will be quite of wood available over the next several years.
Prop B: City Administrator Hanson stated this measure will be voted on next week. He added that information is available on Ballwin’s website, on social media sites and at the Government Center. He explained this ballot is tied to bill 2809 that Mayor Pogue mentioned. If there are any questions, there is a Frequently Asked Questions and general information about this proposition on Ballwin’s website.
Parks and Recreation – Update on Used bucket truck purchase
Parks and Recreation Director Linda Bruer updated the Board on the purchase of a used bucket truck for the Parks Department. City Administrator Hanson approved the purchase of the truck. The truck is a 2005 International diesel, automatic, 4x4, with an Altec lift with about 87,000 miles on it. This truck is a forestry truck, which the department was looking for. Forestry trucks allow for more of an ease of maneuvering in trees; the standard large utility trucks are harder to maneuver around trees. The purchase price was $71,300.00. The Board had authorized a purchase of a truck for up to $80,000. Parks Deputy Director John Hoffman went to Alabama to look at the truck and conversed with Ballwin’s Mechanic. The truck will be delivered in the next two to three weeks.
City Attorney Jones added that Ms. Bruer’s report is the second step in the implementation of the amendment to the purchasing ordinance that was passed in January. The first step is to approve a range of authority to allow a department to forgo the bidding process and instead negotiate in order to find a unique vehicle. The second step is for staff to come back and report on the result. He stated he was glad to see the ordinance work the way it was intended.
CITY ATTORNEY’S REPORT
SB5 –City Attorney Jones announced that he had received notification on his way to the Board meeting that Judge Beetem, of the Cole County Circuit Court, entered a declaratory judgement in joining the enforcement of Senate Bill 5. This bill became effective in August of 2015 and was singling out St. Louis County for special treatment in limiting court fines to 12.5% of general revenues. City Attorney Jones stated he had not seen the exact portions of the bill in St. Louis County which has been found unconstitutional. He stated he would provide a brief report as soon as he has seen the decision. The suit was filed by communities in North County and by elected officials. A special council came in to represent those communities; it found that it was improperly targeting St. Louis County.
Mayor Pogue announced that Pursuant to Section 610.021  RSMo and Section 610.021  RSMo, the board will meet in closed session regarding litigation and personnel matters.
Ayes: Aldermen Terbrock, Finley, Roach, Stallmann, Fleming, Leahy, Kerlagon, Bullington
The motion passed to adjourn to closed session at 7:36 p.m.
A motion was made by Alderman Fleming and seconded by Alderman Terbrock to adjourn the Board of Aldermen Meeting. A roll call vote was taken with a unanimous result, and the meeting was adjourned
TIM POGUE, MAYOR
ATTEST: ERIC HANSON, CITY ADMINISTRATOR
A Johnson Approved April 11, 2016