Board of Aldermen Meeting

Meeting Agenda

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Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
April 12, 2010

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

             PRESENT                                  ABSENT
MAYOR TIM POGUE                              ALDERMAN FRANK FLEMING – OUT OF TOWN - BUSINESS
ALDERMAN JIMMY TERBROCK         ALDERMAN KEN MELLOW - ILL
ALDERMAN PRESS MCDOWELL 
ALDERMAN JANE SUOZZI 
ALDERMAN FRANK SCHMER 
ALDERMAN JIM LEAHY 
ALDERMAN RICHARD BOERNER 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the March 8, 2010 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Suozzi and seconded by Alderman Boerner to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
The Eagle Scout Proclamation was presented by Mayor Pogue to Ian Michael Doig of Boy Scout Troop 631 for his significant accomplishments and successfully completing all requirements for the prestigious “Eagle Scout Award”. 

PENDING ISSUES
None.

CITIZEN COMMENTS

Allyson Ryan, 760 #104 Woodside Trails Drive:  Ms. Ryan spoke about the Woodside Trails streets.  She said that she opposes asphalt overlays on concrete streets.  She believes the asphalt is hot and ugly and requested that the Woodside Trails streets be maintained with concrete.  There are no sidewalks and, therefore, the asphalt streets will have to be used to walk her dog, which will be too hot when the temperature is over 80 degrees.  She said that walking after dark will be challenging on the dark pavement.  She believes the black asphalt will be tracked into the homes.  She agrees with the Board of Trustees that the streets need repair and asked that a different solution be considered.  She said another solution would be to construct sidewalks. 

Raymond Kerlagon, 1146 Westrun Drive:  Mr. Kerlagon thanked Alderwoman Jane Suozzi for having served the City of Ballwin since 1996, and further representing the citizens of Ballwin on the Planning & Zoning Commission and the 2007 Comprehensive Plan Steering Committee.  He said that he can personally testify to her honor, deliberation, and ethical approach to issues that required her vote.  Mr. Kerlagon thanked Alderman Press McDowell for his service to Ballwin from 2001 – 2004, and again in 2009 to fill the unexpired term of Alderman Tim Pogue when Mr. Pogue became Mayor.  He thanked Alderman McDowell for never wavering from his convictions and his staunch moral beliefs as issues were considered.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3618 - AN ORDINANCE REPEALING SECTION 3, SUBSECTION B OF BILL 3342, ORDINANCE 05-12 OF THE CITY OF BALLWIN WITH RESPECT TO A NO GRADE ZONE AT DICKENS TRACE SUBDIVISION.

A motion was made by Alderman Boerner and seconded by Alderman Terbrock for a first reading of Bill No. 3618.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3618 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Boerner for a second reading of Bill No. 3618.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3618 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3618 with the following results: 
Ayes – Terbrock, Boerner, Schmer, Suozzi, McDowell Leahy.  Nays – None.  Bill No. 3618 was approved and became Ordinance No. 10-10.

A RESOLUTION APPROVING THE APPOINTMENT OF HEARTLAND ALTERNATIVE ENERGY AS A CONSULTANT TO THE CITY OF BALLWIN FOR THE PURPOSE OF ADMINISTERING THE PUBLIC BUILDINGS ENERGY EFFICIENCY RETROFITS GRANT OBTAINED THROUGH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES AND TO SUPERVISE THE VARIOUS RETROFIT PROJECTS TO A SUCCESSFUL CONCLUSION, WITH COMPENSATION AT THE RATE OF TEN PERCENT (10%) OF THE TOTAL GRANT AMOUNT.

Mayor Pogue said that this Resolution will be held over to the next meeting.

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. Surplus Property – (Auction 2 trucks and a backhoe)
   B. Shelter Agreement – (3-year contract with American Red Cross to use Ballwin facilities as emergency shelters.)
   C. Slab Replacement – (Unit price contract with Kelp Contracting be increased by up to $106,000 to include 5 additional streets.)
   D. Debula Reconstruction – (Kelp Contracting – lowest of 4 bids.)
   E. Ammunition – (Gulf States Distributors – low bid)
   F. Check Signatories – (Annual confirmation for signature authorization)
   G. Warner Court – (Apex Contracting – low bid)
   H. Fireworks – (J & M Displays – best value for $10,000)
   I. Soft Drinks (Soda) – (Pepsi – 3-year contract – most cost-effective proposal.)
   J. New Liquor License – (“Cheap Cheap” at 14764 Manchester Rd. – package sales & Sunday Licenses.)

A motion was made by Alderman Terbrock and seconded by Alderman Leahy to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT
Planning & Zoning Appointment:  Mayor Pogue recommended the appointment of Mike Utt to replace Pat Buehrle on the Planning & Zoning Commission, due to a change in employment.

A motion was made by Alderman Terbrock and seconded by Alderman McDowell to appoint Mike Utt to the Planning & Zoning Commission.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Board of Adjustment Appointment:  Mayor Pogue recommended the re-appointment of Gary Winter to the Board of Adjustment. 

A motion was made by Alderman Terbrock and seconded by Alderman Leahy to re-appoint Gary Winter to the Board of Adjustment.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ADMINISTRATOR’S REPORT

Departing Statement - Alderman Jane Suozzi:  Alderman Suozzi said the following:  “I’m at a loss for words at a time when I wanted to make sure I didn’t miss thanking everyone.  Summing up my years with Ballwin is not easy.  I want to thank past and current Mayors and Boards, with particular thanks to Ken Buermann, who was so easy to work with and interested in consensus building.  Thanks to all of the dedicated public servants that served on the Board of Adjustment, Planning & Zoning Commissions and the many special committees.  A member of staff once asked me, ‘is there a committee you haven’t served on, Jane?’  From skate park consideration to the North Pointe Aquatic Center, I’ve enjoyed every minute of it.  To the citizens for allowing me the privilege to serve for so many years; to a wonderful staff who always answered my questions or addressed my concerns promptly and politely, I thank you.  To everyone with Ballwin Days, I never knew slinging funnel cakes could be so much fun.  I thank my friends and neighbors for tolerating my lengthy explanations of issues when they just wanted to say hello.  Finally, I thank my kids; Kim, who is at Truman, John and Mike who are with me here tonight.  They have tolerated the long meetings and extra meetings, and residents stopping me in stores and talking with residents.  They were 7, 5, and 3 when I became an Alderman.  I always checked with them to see if they preferred that I not do this.  They always said they like me being an alderman.  They have tolerated a great deal.  I leave with few regrets.  One is not being able to see through the Great Streets Initiative project to its beginning of implementation.  Thank you.”

Seven Trails:  City Administrator Kuntz provided an update on the status of the negotiations with Madison Seven Trails regarding the tie wall adjacent to a public street, the property area that was relocated as a result of street construction, and the entry monument sign that formerly was in the middle of the divided roadway until Ries Road was relocated.  These issues have been discussed but are not yet complete.  An option is a cost share approach to the wall repair with Seven Trails giving title to the disputed strip of land.  It is proposed that the existing sign could be relocated to the edge of the City’s right-of-way, which is the western side and north of the monument directory sign.  In exchange for this, they would eliminate the second standing sign. 

Alderman Boerner said that the Board has previously been in agreement with this solution.  He asked what is the next step for official approval. 
A motion was made by Alderman Boerner and seconded by Alderman Terbrock to grant authority to continue negotiations along the presented guidelines and to accept the proposal by staff related to the solution of the Madison at Seven Trails and the transfer of the property as suggested.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Wi Fi Settlement:  City Administrator Kuntz said this settlement also involved Hazelwood, Creve Coeur, Chesterfield, Maryland Heights, and Olivette.  He said the company in question has not been able to fulfill their obligations.  Minor legal expenses have been incurred with respect to negotiating the contract of franchise agreement, as well as the legislation.  They have agreed to compensate us for the administrative time and legal costs.  The settlement is $2,500 to absolve them from their contractual obligations.  He recommended that this be approved. 

A motion was made by Alderman Suozzi and seconded by Alderman Schmer to accept the settlement.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Microsurfacing:  City Administrator Kuntz said that only one bid was received.  He said that the scope of the work was very small.  The contracting prices for 2010 are coming in lower than originally budgeted.  He recommended that this bid be rejected, and proposed that the scope of this improvement be expanded and will provide the most improvement at the least cost.  He said that if this bid is rejected at this time, a larger scope will be presented with additional streets.  This bidder and others would be encouraged to re-submit bids. 

A motion was made by Alderman Suozzi and seconded by Alderman Schmer to reject the bid from Missouri Petroleum Products Company.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Policy Manual:  City Administrator Kuntz said the Policy Manual deals with a wide range of topics that sets forth practices that are not necessarily in ordinance format.  He suggested that a lot of the topics be put in an ordinance format so that the information will be available on the website or Code of Ordinances.  He said this will also reduce duplication.  He suggested that the Board undertake a review over the course of the summer.  The Board agreed. 

STAFF REPORTS

Financial Analysis:  Finance Officer Loehr said that the City’s primary source of revenue is sales tax.  She said that 31% of the revenue comes from sales tax.  The sales tax received for the first quarter of 2010, the point of sale portion from Ballwin businesses have come in about 5.45% more than those received in the same quarter last year.  On the pool side, this has decreased by about 4.7%.  The ½ cent capital improvement tax is a pool tax.  Ballwin receives only about 85% of this tax, which is also decreasing, but each month, this can be different.  The Parks sales tax is all kept by Ballwin and is up almost 3% for the first quarter.  The County road tax is down.  This is not a surprise since it is based on assessed valuation, which has gone down in Ballwin.  The cigarette tax has been going down for the past several years.  The natural gas gross receipts are lower than expected.  Building permits are also down.  Motor fuel tax has decreased. 

Finance Officer Loehr said that 2009 ended without Ballwin having to use any reserve funds.  There was almost $1 million that was budgeted but not spent. She is predicting a reserve fund balance at the end of 2010 of approximately $9.6 million.  In the first quarter, 24.3% of the budget has been spent.

Alderman McDowell said that it was stated that if the budget guidelines came in at a certain level, the potential staff and police department raises would go into effect in April.  City Administrator Kuntz said that the expense was budgeted to begin on April 1, subject to confirmation of financial first quarter analysis.  Alderman McDowell asked if the Board is ready to make this decision.  City Administrator said that all of the numbers that were projected both from expenditure and revenues have been met.  The deferral of the expenditure was intended in case a further revenue decline was experienced.  He said that subject to this review, the budget for 2010 will trigger implementation retroactive to April 1.  He said that is the purpose of this review.  Alderman Schmer said that things have leveled off or slightly improved.  City Administrator Kuntz agreed.  Alderman McDowell said that the City should hold to the plan. 

Alderman Boerner asked to hold over further discussion until the next Board meeting on April 26 when the full Board will be present.  He said he also wants to see the expenditures for the first quarter.  Alderman Leahy said he is in favor of going forward with Alderman McDowell’s point, but believes that this should be done with the full Board present. 

Alderman McDowell said that he does not have a problem with postponing further discussion until the next meeting, however, he said he wants to be sure the Board upholds what was proposed.  He said he will be in attendance at the next meeting to promote this approach. 

Driving on Right:  Police Chief Schicker said the City ordinance needs to be revised to coincide with State law.  This has been requested by the City Prosecutor to allow better enforcement and in the court process.  There will be no impact on pending cases.

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock to draft legislation to amend the current statute.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Seasonal Apparel:  Director of Parks & Recreation Bruer said that annually apparel is purchased for summer staff, lifeguards, maintenance workers, program participants, etc.  The cost of the apparel for participants in the recreation programs is covered by the registration fee.  Proposals were solicited from 15 companies that had previously indicated an interest in bidding on this project, as well as thorough advertising in the newspaper and online.  Thirteen bids were received.  The second low bid of $9,661 by A.J. Tilley & Associates is recommended.  The low bid was approximately $2,000 less and was a vendor from New York.  Attempts were made to solicit information from this company regarding comparable bidders and references.  The phone numbers provided by the company were no longer in service and we were unable to contact any references.  A.J. Tilley & Associates is located in Chesterfield and has worked with Ballwin previously. 

Alderman Boerner asked if samples are requested from the bidder.  Director of Parks & Recreation Bruer said that she lists brands that are acceptable, and the bidders are are to name the brand of shirt that they are bidding on.  The New York company said that they could sell the shirts for less than $2 per shirt.  Alderman Schmer said that no matter how reasonable the product is, if they cannot be contacted, and references are not available, this is not a reasonable choice. 

A motion was made by Alderman Schmer and seconded by Alderman Boerner to accept the bid from AJ Tilley in the amount of $9,661.45.

Slab Replacement:  City Administrator Kuntz said that when action was first taken on this contract, the motion was to accept the low bid plus as much as an additional 20% maximum.  The Board was to be informed of any situation where replacement exceeded 20% over the estimate.  On Westwood Drive, slabs were marked for removal, and the quantity is more than the 20%.  The extra slabs needing repair could not be seen when the original estimate was made.  Alderman McDowell said that this could not be seen until the project had started.  This repair will still be under the budgeted amount, but the amount would be increased to $192,000, which is an additional $17,130.53.  Alderman Schmer said that this does not usually happen on every street.  It is difficult to know how many slabs require work until the asphalt is removed. 

A motion was made by Alderman McDowell and seconded by Alderman Schmer to increase the amount to $192,000.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ATTORNEY’S REPORT

Sewer Lateral Tax Lawsuit:  City Attorney Jones said that since the last meeting, Ballwin became party to a lawsuit regarding the sewer lateral tax that is collected by the St. Louis County Collector of Revenue as part of the real estate tax bill that each resident pays.  An existing lawsuit was amended to add 32 cities as defendants, including Ballwin.  Our sewer lateral tax applies to single family dwellings and multi-family dwellings with 4 units or less.  This group of plaintiffs who seeks to be certified as a class for the purpose of class action wants to challenge whether or not a condominium unit located in a building that has more than 4 units is a residential dwelling within the scope of the State Statute which was enacted word for word by the City of Ballwin and these 32 cities.  He said we are in the process of sharing information between the cities putting together responsive pleadings.  Ballwin’s is due on May 9.  He will keep the Board informed as the matter progresses. 

ALDERMANIC COMMENTS

Concerts in the Park:  Alderman Terbrock said that he and Alderman Schmer discussed concerts in the park to bring people together as the Ballwin logo states.  This will be a test on four Wednesday nights to determine if this will be an ongoing project in the summer.  Four bands have been contacted.  Sponsorships will cover the cost.  The schedule will be posted on the website when it is finalized.

Departing Statement – Alderman Press McDowell:  Alderman Press McDowell said that 19 years ago when he and his wife moved to Ballwin, he said that if someone lives in a community, they should be part of a community.  He said that Ballwin is a great place to live and work.  He said that Mike Finley will do a good job as alderman.  He does not apologize for being controversial at times, a politician by trade, and a Southern Baptist by faith; therefore, controversy comes with it.  He encouraged everyone coming into office to work together as a team because the Board is representing the City of Ballwin, and it is a heavy burden.  The rights of citizens and the rights to manage the resources is an awesome responsibility.  It feels good to do the right thing.  If there are any preconceived thoughts, put them aside and talk to people.  New aldermen will find out it’s different on this side.  He thanked Alderman Jane Suozzi for all of her hard work.  He said he worked on her original campaign when she first ran for office.  He said he will miss not seeing her on the Board.  Alderman McDowell said “Hear the people, represent the people, and do the right thing”.  He said he will not be taking any appointments to come back on the Board, he is not running for office again in the City of Ballwin.  He said every time he ran and was third on the ballot, he lost.  He lost the race for Mayor, this aldermanic position, and the 6th grade run for patrol boy by being third on the ballot.  He will continue to enjoy living in the City of Ballwin.

Alderman Boerner thanked Alderman Suozzi and Alderman McDowell for their outstanding service to the Board and the citizens of Ballwin. 
Alderman Boerner asked where there is a grade of 70 degrees or more consisting of grass and rocks, going down to a street, are there guidelines for maintenance?  City Engineer Kramer said that there has been one case of this nature along Ries Road in 1996.  The decision was that grass would be restored and no other change. 

Adjourn:  A motion was made by Alderman Suozzi and seconded by Alderman McDowell to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:20 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC