Board of Aldermen Meeting Agendas & Minutes
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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
May 9, 2016 at 7:00 p.m.
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 atwww.ballwin.mo.us.
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.
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.
Mayor Tim Pogue
Alderman Mark Stallmann
Alderman Ross Bullington
The Pledge of Allegiance was given.
The Minutes of the April 25, 2016 Board of Aldermen meeting minutes were submitted for approval.
2015 Annual Audit Report was presented by Penny Scovill, a representative from the audit company, Hochschild, Bloom & Company LLP. The audit report will be submitted to the Government Finance Officers Association again in 2016. The City received this award last year. This audit report is available to view on the City’s website.
Lynne Goetz of 504 Kennilworth Lane, asked if it was possible to come up with ideas to improve traffic flow driver courtesy and speed limits in Ballwin. He had visited several cities in the St. Louis area and there seemed to be no issues in regards to drivers obeying the speed limit.
BILL NO. 3924TRAFFIC SIGN ORDINANCE
A motion was made by Alderman Fleming and seconded by Alderman Bullington for a first reading of
Bill No. 3924. A voice vote was taken with a unanimous affirmative result and Bill No. 3924 was read for the first time
Alderman Roach asked if this will make the Meadowbrook Country Club Estates Drive a no parking area. Public Works Director, Gary Kramer explained the streets have traffic calming islands that create one way flow. If people park along these islands, through traffic will be obstructed.
A motion was made by Alderman Fleming and seconded by Alderman Bullington for a second reading of
A roll call vote was taken for passage and approval of Bill No. 3924 with the following results:
Ayes – Aldermen Fleming, Bullington, Finley, Kerlagon, Terbrock, Roach;
BILL NO. 3925 ORDINANCE PASSING PROPOSITION B
A motion was made by Alderman Finley and seconded by Alderman Fleming for a first reading of
A motion was made by Alderman Finley and seconded by Alderman Fleming for a second reading of
A roll call vote was taken for passage and approval of Bill No. 3925 with the following results:
Ayes – Aldermen Finley, Fleming, Terbrock, Bullington, Kerlagon, Roach;
BILL NO. 3926SUBDIVISION AT JACOB LANE
A motion was made by Alderman Kerlagon and seconded by Alderman Fleming for a first reading of
Alderman Roach asked why this issue is coming back if the City has already detached this part of the property.
City Attorney Jones explained that the City transferred a small part of this lot to the City of Ellisville but this small piece was part of a larger lot that was a subdivision in the City of Ballwin. In order to make the remainder of the property a legal lot, the City has to approve a lot-split under the City’s subdivision code.
A motion was made by Alderman Roach and seconded by Alderman Finley for a second reading of
Ayes – Aldermen Roach, Finley, Kerlagon, Terbrock, Fleming, Bullington;
BILL NO. 3927SUBDIVISION FOR ARBORS AT REINKE
A motion was made by Alderman Bullington and seconded by Alderman Fleming for a first reading of
Alderman Kerlagon said he had the privilege of attending this Planning and Zoning Meeting in which this subdivision was approved. The Planning and Zoning committee heard the concerns of citizens and it seemed that all concerns were resolved. He thanked the Planning and Zoning committee.
A motion was made by Alderman Bullington and seconded by Alderman Fleming for a second reading of
Ayes – Aldermen Bullington, Fleming, Terbrock, Roach, Finley, Kerlagon;
BILL NO. 3928RECREATION VEHICLE PARKING ORDINANCE AMENDMENT
A motion was made by Alderman Terbrock and seconded by Alderman Fleming for a first reading of
Alderman Roach explained that he doesn’t know of the history of complaints or changes or what other municipalities are doing in this regard. He asked City Attorney Jones what his perspective was in this issue relating to other municipalities and whether they have a relaxation of ordinances similar to this one.
City Attorney Jones stated that he did not do a study to see what other municipalities are doing. He is aware, from other meetings he had attended, that there is commonly a prohibition to keeping larger recreation vehicles and trailers out of the front yard. This particular ordinance is regarding only lots with two front yards or more. These lots are more severely restricted to where they may park these types of vehicles in the current ordinance.
Alderman Roach asked if there is a history of complaints. Not knowing who in particular wanted this changed, he is not sure about whether the ordinance needs to be changed. He asked City Planner Aiken if there is a history of complaints.
City Planner Aiken explained that the current language prohibits the parking of recreational vehicles or trailers in the front yard has been an ordinance for longer than he has been around. The City has a lot of corner lots or double frontage lots, where there are two front yards. Whatever limitations there are for front yards would apply to all such front yards. It was the thinking that since not too many people are making an issue of this, that the City should relax this regulation and make it legal, rather than continue to allow vehicles to be parked in violation of the regulation.
City Administrator Hanson also clarified that Section 28-2C requires the vehicles to be placed on an improved surface- i.e., cement, asphalt; so these vehicles aren’t parked in the yard and rutting the ground.
Alderman Roach stated that with a little bit of research, he found a very useful handout which the city of Belleview, Washington put together. There are four pages worth of pictures illustrating exactly how tall fences should be and the types of trees you should have to screen these recreation vehicles. An aerial illustration depicted a corner lot and illustrate scenarios of where you may park these vehicles. The language in their ordinance included screening of recreationals vehicle, boats, trailers, or whatever it may be, so you wouldn’t know what is being parked there. He thought this was a useful approach because it gives the people who own these types of vehicles clear guidance on how they may comply with the law and with the screening. He would like to look into modifying the ordinance to include screening for the sake of the rest of the neighborhood or property values. He provided the example that Bone Auto Glass was required to screen in its dumpsters before receiving approval from the Planning and Zoning Committee. He believes this is a worthy approach and is not new to the way the City deals with issues in regards to complaints from a resident who may not want to look at this item every day.
City Attorney Jones explained if the City allows a fence in what would otherwise be considered a front yard, there may be another ordinance issues to deal with. City Planner Aiken stated that there are some regulations that limit the placement of fences in front yards.
A motion was madeby Alderman Finley and seconded by Alderman Terbrock to amend Section 28-7 Letter A of Bill No. 3928 to state no more than one recreational vehicle or trailer may be stored outside. A voice vote was taken with a unanimous affirmative result and the motion passed.
Alderman Terbrock responded that there aren’t a lot of complaints about this, but the issues that come out of his neighborhood and his ward are exactly what City Planner Aiken said: Someone else got cited for this and this person went around noting all other similarly parked vehicles that were parked illegally. He stated that as far as the screening goes, he is not in favor of it, especially putting the fence up because once the house sells and the new owner doesn’t have an RV that area turns into a storage area. If no one is really complaining about these vehicles being parked now, he doesn’t see a reason to put something in place that could potentially cause a complaint later down the road.
Alderman Roach asked if it was possible to get a report of complaints about recreational vehicles being parked illegally.
City Planner Aiken stated it should be possible to get a list of complaints for illegally parked recreational vehicles.
Alderman Roach stated he would like to see a report in advance to voting. He would also like to get the perspective from other municipalities prior to voting.
A motion was madeby Alderman Roach and seconded by Alderman Fleming to Table
A motion was made by Alderman Terbrock and seconded by Alderman Bullington for a second reading of Bill No. 3928 and to accept the amendment from Section 28-7 to Letter A. A voice vote was taken with a unanimous affirmative result and Bill No. 3928 was read a second time.
A roll call vote was taken for passage and approval of Bill No. 3928 with the following results:
Ayes – Aldermen Terbrock, Bullington, Finley, Fleming, Kerlagon;
Budgeted items which are low bid and do not exceed expenditure estimates and/or
Items A & B were removed for further discussion.
A motion was made by Alderman Fleming and seconded by Alderman Finley to accept the Consent Items C and D. A voice vote was taken with a unanimous affirmative result and the motion passed.
Public Health and Safety
Finance and Administration
Parks and Recreation
Mayor Pogue recommended appointing Alderman Ray Kerlagon as the aldermanic representative to the Planning and Zoning Committee.
A motion was made by Alderman Bullington and seconded by Alderman Terbrock to appoint Alderman Kerlagon to the Planning and Zoning Committee. A voice vote was taken with a unanimous affirmative result and the motion passed.
PRESIDENT OF THE BOARD APPOINTMENT
Mayor Pogue recommended reappointing Alderman Frank Fleming as the Board’s president.
A motion was made by Alderman Terbrock and seconded by Alderman Bullington to reappoint Alderman Fleming as the Board’s president. A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ADMINISTRATOR’S REPORT
Consent Item A was pulled in error.
A motion was made by Alderman Fleming and seconded by Alderman Terbrock to accept Consent Item A. A voice vote was taken with a unanimous affirmative result and the motion passed.
Consent Item B: If employees convert sick time to vacation time in the last twelve months before leaving the City’s employment for any reason, those hours are not counted towards what the City is required to pay out in vacation time.
Alderman Fleming stated that at first glance and without further information, he doesn’t like the idea that employees are able to cash in sick days for vacation. He asked how common of a practice this is.
City Administrator Hanson stated that this has been going on for decades in Ballwin, but there has never been an instance like this until recently. One of the reasons employees are able to accumulate their sick time is because they don’t abuse it.
Alderman Fleming stated he was looking at it as ongoing conversions. His thought was that if you don’t use your sick time, then that makes you a healthy person and a good employee, but thinks the City should tighten up on this.
City Administrator Hanson offered this reason for allowing a larger accumulation of sick time: the City doesn’t provide any short-term disability policy. You either can use your sick time or if you don’t have sick time, you don’t get paid. Our responsible employees don’t use their sick time. They accumulate it in case something significant happens – cancer, heart, major illness; this is their only insurance policy. He stated that in other cities he has been with, the city offered its employees short term disability.
Alderman Kerlagon asked if this accumulation could be used later down the road to purchase disability without it being a burden to the City.
City Administrator Hanson stated that staff could look into alternatives. He reaffirmed that most of the City’s employees do not abuse their sick time.
Alderman Roach agreed with Alderman Kerlagon in looking at getting some costs for short term disability.
Alderman Fleming stated he agrees and would like the City to look at doing something a little differently in the future.
Alderman Finley asked City Administrator Hanson to expand more on what he meant by liability.
City Administrator Hanson explained that this would be considered a financial liability and classified as a potential anticipated expense against the City.
Alderman Finley asked if there has been any employee feedback on this.
City Administrator Hanson stated that no feedback has been received because no one has done it up until this point.
Alderman Fleming stated that he doesn’t want employees to feel as if he is trying to pull the rug out from under some people especially if they are banking hours if there is nothing else in place. He stated that what is being provided today may not be enough to provide for that safety net. He is open to ideas.
Alderman Roach asked if an employee does convert sick time to vacation time and weren’t planning to retire within twelve months, he asked how the City would handle this type of situation.
City Administrator Hanson stated that those 80 hours in their bank would not count towards the 240 that would be subject to payout upon the cessation of employment. . This would be an immediate change.
A motion was made by Alderman Fleming and seconded by Alderman Kerlagon to accept Consent Item B. A voice vote was taken with a unanimous affirmative result and the motion passed.
Old Towne TDD: After extensive meetings and research with the bond trustee, financial advisor, independent bond councils and financial advisors unattached to the City, the current outlook is to continue as we have been and not make any deviation from the present course. Staff will continue to monitor the situation.
Marketing the Community: Since arriving in Ballwin, City Administrator Hanson has pushed for community involvement and information. After discovering several talented staff members who have the capabilities and skills necessary to produce a quality product, the City will embark on a City-wide magazine that will be published quarterly and will include the Parks and Recreation program. Ads will be solicited to help cover the cost of printing and mailing. This new magazine should save the City close to $20,000 based on current publication and printing costs.
Social House: Since the issue of serving personnel wearing only body paint recently arose at a restaurant that opened in University City, cities around the area have been clarifying their ordinances in regards to body paint.
City Attorney Jones explained that the cities that have recently considered this legislation have adopted a variation of the regulations already available under division 70 of the division of alcohol and tobacco control regulations which is a part of the Missouri liquor control act. This act prohibits lewdness in establishments with liquor licenses. It already provides that there should be no display of various body parts and the way the municipalities have dealt with this issue is to add additional information about screening certain parts of the human anatomy including the breasts with opaque clothing because even the body paints still incorporates some pasties or opaque sort of clothing. The only way to do this is to incorporate what is already available in state law into the City’s liquor control code and to make it a violation of the liquor license which would then come back to the Board of Aldermen at a hearing to determine whether or not the licensee should be revoked. It’s a built-in due process that is available.
The City has an adult oriented business code which is sections 14-601 to 14-623. The City could incorporate some of those requirements into the C-1 zoning regulations. This would make it a conditional use permit process.
A motion was made by Alderman Terbrock and seconded by Alderman Fleming to have City Attorney Jones draft legislation to implement f additional requirements into the C-1 zoning regulations as it pertains to adult oriented businesses. A voice vote was taken with a unanimous affirmative result and the motion passed
Mansion Hill Dr: This street was budgeted to receive an overlay in 2016. After removing the old asphalt overlay, it was determined that the underlying concrete pavement is in very poor shape and will need to be replaced. Concrete will be used instead of asphalt. This project will now be a two-phase process over two budget years.
Alderman Roach asked if this could be done in one year instead of two.
Public Works Director Gary Kramer explained that the narrow part of the road will be done this year and the wider section and around the apartments will be done next year.
CITY ATTORNEY’S REPORTS
RIGHT-OF-WAY – Revisions are proposed to be made to this ordinance.
Alderman Roach stated this is a great item to pursue especially since it is private use of the right-of-way for telecommunications.
Alderman Fleming stated that he agrees this is a great item to pursue.
A motion was made by Alderman Fleming and seconded by Alderman Terbrock to have City Attorney Jones draft legislation for the Right-of-Way. A voice vote was taken with a unanimous affirmative result and the motion passed.
Alderman Terbrock – Nearly ten years ago, Ballwin used to do a Magazine called the Horizon but it was taken out of production to save the City about $20,000 a year. He finds it funny that the City is back to printing it again and will save another City $20,000.
He attended the meeting with companies such as Cement-Tech and Elide Equipment Swap Loader in regards to the concrete truck and swap loader. He was very impressed with what this piece of equipment is capable of doing.
Alderman Roach – Thanked Gary Kramer and the Public Works Crew for their work in resolving a improper water cap issue on New Ballwin Road. He also thanked them for repairing the worst road in Ward 2, the cul-de-sac in Oakwood Farms.
Alderman Kerlagon - Participated in the Drug-Take-Back program last Saturday. It appeared like there was a lot of participation from the community. Mayor Pogue said 367 lbs. of unused medication were received on Saturday and they have collected over 1100 lbs. of unused prescription medication at the police lobby drop off box.
Mayor Pogue – Thanked the Police Department for their participation in the Drug program and taking the problem of heroin and opioids very seriously.
Alderman Roach – asked if there was a shred event happening sometime soon. He was informed there would be a shred event on Saturday, May 21st.
Mayor Pogue – Informed the Board that there will be a work session next Monday at 6:00 PM in the Board Room.
Alderman Finley – Utilized the St. Louis County Hazardous Waste Removal service.
A motion was made by Alderman Fleming and seconded by Alderman Roach 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
Eric Hanson, City Administrator
Approved: May 9, 2016