• All Ballwin and Winchester Municipal Court Dates are Temporarily Suspended Until Further Notice. Please See Court Page for More Info.

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

Meeting Agenda

CITY OF BALLWIN
BOARD OF ALDERMEN MEETING
April 8, 2013 - 7:00 p.m.
300 Park Drive, Donald “Red” Loehr Police & Court Center 

www.ballwin.mo.us

1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. Approval of Minutes: March 11, 2013 Board of Aldermen meeting

5. Presentation: None.

6. Pending Issues: Bill 3778 Conflict of Interest (Next Ord. # 13-11)

7. Citizen Comments

8. Public Hearing: None.

New Business:

9. Legislation 
     A. None.

10. Consent Items 
     A. Fireworks
     B. Golf Course Mower
     C. Ammunition

11. Mayor’s Report 
     A. Future Meetings

12. City Administrator’s Report 
     A. None.

13. Staff Reports 
     A. None.

14. City Attorney’s Report 
      A. Utility Vehicle Signage

15. Aldermanic Comments

16. Adjourn

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. 


BOARD OF ALDERMEN MEETING BRIEFS
April 8, 2013 7:00 p.m.
300 Park Drive – Donald “Red” Loehr Police & Court Center www.ballwin.mo.us

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.
CITIZEN COMMENTS

If you wish to address the Board during this meeting, please fill out the “Citizen Comments: To Address the Board of Aldermen” form and place it in the tray on the table in the center of the Board Room before the meeting begins. Topics of a global nature, such as requests for ballot initiative endorsements, should be submitted in writing to the City Clerk at 14811 Manchester Road, prior to the meeting.

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.

MINUTES

The Minutes from the March 11 Board of Aldermen meeting and closed session are submitted for approval.

CONFLICT OF INTEREST (Bill # 3778)

This bill was held over from the last meeting. It extends the current procedure regarding conflicts of interest as required by the Missouri Ethics Commission.

FIREWORKS 

It is recommended that this contract be awarded to Liberty Pyrotechnics, who submitted the low bid of $8,000 for the Ballwin Days festival display.

GOLF COURSE MOWER 

It is recommended that this equipment be purchased from Erb Equipment Company, who submitted the low bid of $32,000 with trade.

AMMUNITION 

It is recommended that this contract be awarded to Gulf States Distributors, who submitted a bid of $17,239 under State contract.

FUTURE MEETINGS 

In accordance with past practice, it is proposed that the second Board meeting in May (Memorial Day) be cancelled. It is further recommended that only 1 meeting be held in June, July, and August, on the 3rd Monday of each month.

UTILITY VEHICLE SIGNAGE 

Legislation has been drafted for consideration to address the problem of commercial vehicles being used as portable signs to circumvent our regulations in this regard. Further direction, by motion, is requested.

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
April 8, 2013

The meeting was called to order by Mayor Pogue at 7:09 p.m.

PRESENT                                                              ABSENT
MAYOR TIM POGUE
ALDERMAN MICHAEL FINLEY                   ALDERMAN JIMMY TERBROCK
ALDERMAN MARK HARDER
ALDERMAN SHAMED DOGAN
ALDERMAN FRANK FLEMING
ALDERMAN JIM LEAHY
ALDERMAN RICHARD BOERNER
ALDERMAN KATHY KERLAGON
CITY ADMINISTRATOR ROBERT KUNTZ
CITY ATTORNEY ROBERT E. JONES

The Pledge of Allegiance was given.

MINUTES

The Minutes of the March 11, 2013 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Leahy and seconded by Alderman Kerlagon to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES

BILL # 3778 - AN ORDINANCE IN THE CITY OF BALLWIN, MISSOURI, READOPTING AND AMENDING IN PART CHAPTER 2, ARTICLE II, DIVISION 2 OF THE CODE OF ORDINANCES WHICH ESTABLISHED A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN MUNICIPAL OFFICIALS.

Bill 3778 had a first reading on March 11. 

City Attorney Jones said, “I reviewed the Minutes from the March 11 meeting.  There was not a motion adopting an amendment formally to the bill.  The only thing different between Bill 3778 on March 11 and this bill is the references to the codified sections of Ballwin’s Code of Ordinances.  I changed the title to reference Chapter 2, Article II, Division 2, and each section within the ordinance that refers to the codified parts of our ordinance. 

Alderman Finley said, “Is this the same as the State Statute?”  City Attorney Jones said, “It is.  After the meeting, I looked back through the State Statutes and tried to reconstruct our ordinance.  It’s a combination of language out of four different sections of Chapter 105.  Section 105.485 allows a city to adopt an ordinance every two years.  If that’s done, it exempts the city from having to comply with all of the provisions of the conflict of interest statutes.  It allows us to adopt our own process and procedure within the confines of what the State requires.  There are some sections that are required to be included either way.  For example, Section 105-485, Subsection 4 says that at a minimum, the following requirements have to be in the city’s ordinance.  All of those are.  There are six sections and they are the first six sections of Bill 3778.” 

City Attorney Jones said, “I was asked to look at whether the filing of a financial interest statement annually could be set earlier than May.  No, it cannot.  May 1 is provided in 105.487 as the deadline, and we cannot make it an earlier date, nor require someone to file two per year.” 

Alderman Dogan said, “Regarding 2-53:  It’s always been my impression that those sections only applied to entities that have some sort of business or pending business with the city.  It wouldn’t include a non-profit group or the Missouri Municipal League, etc.  Does this include any transactions regardless of what kind of entity it is?”  City Attorney Jones said, “It would include non-profits if there was consideration of the total value in excess of $500.  There is no exception for a for-profit vs. a not-for-profit entity.” 

Alderman Dogan said, “I think the amount should be reduced.  Making it $250 instead of $500 is reasonable.  This only has to be filed once per year.  In the interest of transparency and all of the great things that are laid out in Section 2-51, making sure that the public has confidence in the integrity of its government, making sure that people make government decisions in policy in a manner that’s consistent with good governing.  I think $250 is a reasonable amount to change it to.” 

A motion was made by Alderman Dogan to amend Section 2-53, A and B, to change $500 to $250. 

City Attorney Jones said, “If Section 2-53 is amended by changing $500 to $250, and then this bill is read a second time as amended, it would amend Section 2-53.  That’s all that’s needed.” 

Alderman Finley said, “I reiterate my position that I took at the last meeting.  I think the ordinance is appropriate as it is.  It matches the State Statute.  I’ve not observed or heard anything unique to the City of Ballwin that we need to change the dollar amount.  I’m not aware of any history of problems.  An incident last year was discussed, but there wasn’t anything illegal.  Within our Code of Ordinances, Section 2-123, which states that ‘the Board of Aldermen, with the Mayor, shall have the care, management, and control of the City and its finances, and shall have the power to enact and ordain ordinances of the City which are consistent with the laws and constitution of the State.’  I don’t see any reason for a reduction in the dollar amount.  It’s best that we are consistent with the State law.” 

Mayor Pogue said, “When we file as candidates, one of the forms that we fill out that’s provided by the Missouri Ethics Commission, specifically references a city with an ordinance dealing with conflict of interest and specifically mentions the $500 amount.” 

City Attorney Jones said, “That’s important because it is the language from Section 115-485.  It says at a minimum, the City shall enact this ordinance once every two years.  It could not be anything greater than $500, is the way I understand it.  It can be less, but not more when the State Statute says at a minimum.” 

The motion was seconded by Alderman Harder.  A voice vote was taken with the following result: 
Aye: Dogan, Harder, Fleming, Boerner.   Nay:  Finley, Kerlagon, Leahy.  The amendment has been accepted by a vote of 4-3. 

A motion was made by Alderman Fleming and seconded by Alderman Leahy for a second reading, as amended, of Bill No. 3778.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3778 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3778 with the following results: 
Ayes – Fleming, Harder, Boerner, Dogan, Leahy.   Nays – Kerlagon, Finley,   Bill No. 3778 was approved by a vote of 5-2 and became Ordinance No. 13-11.


CITIZEN COMMENTS


Barbara Botts, 319 Wildbriar Drive, 63011:  Ms. Botts said, “We have lived on Wildbrier for forty-six years and are happy and appreciate living in Ballwin.  Ballwin has been recognized by “Money Magazine” as One of America’s Best Places to Live in 2005 and 2011, and has recently been names as one of the 10 Best Towns for Families by “Family Circle” in their August, 2012 issue.  Receiving these awards is a result of the dedication each of you play in helping to govern our city.  I want to thank you and to let you know how much we appreciate your commitment.” 

Ms. Botts said, “As the Ballwin chairman for the National Day of Prayer, I am requesting that you make a proclamation declaring Thursday, May 2, 2013 as a National Day of Prayer in the City of Ballwin.  The theme this year, “Investing in Hope – Transforming our Nation Through Prayer”, is based on Matthew 12:21 “In His Name, the nations will put their hope”.  The City was blessed to have you make a National Day of Prayer proclamation last year, and we are asking that you continue this tradition.  Thank you for all the time and effort you exert on our behalf.  May God continue to grant you wisdom as you lead our City.” 


PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION
None.


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. Fireworks for Ballwin Days Festival    (Award to Liberty Pyrotechnics, $8,000)    
B. Golf Course Mower    (Purchase from Erb Equipment Co., $32,000 with trade)    
C. Ammunition – Police Department    (Gulf States Distributors, $17,239)  

Alderman Harder requested that Item C be removed for further discussion.

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


MAYOR’S REPORT
Future Meetings:  Mayor Pogue suggested that the summer meeting schedule be approved due to the remodeling of the Board room and family vacation opportunities.  He recommended the meetings be held on the 3rd Monday in June, July, and August.  This will give adequate time for items from Planning & Zoning to be considered by the Board. 

A motion was made by Alderman Leahy and seconded by Alderman Finley to accept the proposal to utilize the summer schedule of the third Monday in June, July, and August.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Fleming and seconded by Alderman Leahy to cancel the May 27 (Memorial Day) Board meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed.


Firehouse Subs:  Mayor Pogue said the Grand Opening was today. 

Great Streets:  Mayor Pogue said that he has the first draft of the legislation for Great Streets and has been forwarded to City Administrator Kuntz and City Attorney Jones.  It mirrors the inter-government agreement that has already been approved. 


CITY ADMINISTRATOR’S REPORT

Ammunition:  City Administrator Kuntz said this is regarding Alderman Harder’s questions on this item.  Alderman Harder asked, “Is 59,000 rounds of ammunition correct and is this the amount that was purchased last year?”  Police Chief Schicker said, “Roughly, yes.”  Alderman Harder asked if this amount is high.  Chief Schicker said, “No, not when considering that there are two training sessions that are required, plus two qualifications.  Training is separate from qualification.  There is remedial training twice a year, plus the qualification segment that follows after that.  If there is a firearm that has malfunctioned or been dropped, and needs an inspection, the firearm will need to be checked again.  It allows for a small amount of reserve for remedial training or to send officers for specialized training at the St. Louis County Police Academy.  It also includes the ammunition that’s needed for the yearly qualification of our four firearms instructors.  They are sometimes required to shoot up to 2,500 rounds of ammunition.  The requirements are by the State of Missouri.”  Alderman Harder asked if there are any problems getting ammunition.  Chief Schicker said, “They are waiting to find out how this order is going to be filled.  We contacted Gulf States and were told to get the order in as quickly as possible.  We’ve experienced shortages on the personal level trying to buy ammunition because I put a total freeze on any practice ammunition for anyone that wanted to work on their firearm skills.  We have a few that try to keep very proficient, particularly new officers that possibly haven’t used a firearm in the past, to keep up the familiarization as they get out of the police academy.  I haven’t personally bought ammunition lately, but when I go to the stores, the shelves are pretty bare.  We’re hoping that this order will go through.” 

Police Chief Schicker said, “We have two training sessions that include a qualification in those training sessions.  This is in the Spring and Fall each year.  We’re required to have a night fire session, which is a low light session.  There are two processes going at once, a regular training session, a night fire qualification.” 

A motion was made by Alderman Leahy and seconded by Alderman Fleming to purchase the ammunition from Gulf States Distributors, under the Missouri State Contract.  A voice vote was taken with a unanimous affirmative result and the motion passed.


STAFF REPORTS
None.


CITY ATTORNEY’S REPORT

Commercial Vehicles:  City Attorney Jones said, “At the request of the Board, Assistant City Administrator Aiken, primarily, help prepare an amendment to several different sections of the Code of Ordinances to address truck and commercial vehicle parking, with and without signs.  It deals with trailers, trucks, and signage.  It’s a function of redefining different types of vehicles such as pickup truck, delivery service vehicle, and commercial motor vehicle, and incorporating the new definitions into the definition section of the ordinances, and then based upon what type of vehicle it is, restricting where it can be parked.  Primarily, we want to get it out of the front yard.  There are going to be some shopping centers and other commercial properties where the front yard is the only place where vehicles are being parked.”

City Attorney Jones said, “In Section 2, which is the change to Section 15-281, adding the new subsection 6, if a certain showing can be made by somebody who owns the property and needs to park in front of the building line, they can apply for an administrative permit.  It can then be granted by staff.  It allows a little bit of discretion in that regard, but for the most part, it’s pretty stringent and is based upon the definition of these vehicles and the configuration of the lot.  What Mr. Aiken did turned out quite well.  I just tightened it up a bit and made the references to the codified sections.  Even though there was no motion to draft legislation, it’s easier for discussion purposes.” 

Alderman Fleming said, “In Section 2, subsection 5, it says delivery service vehicle.  What about the pickup truck and commercial vehicle.  Does the same apply to those vehicles?”  City Attorney Jones said, “A pickup truck is not within the definition of a commercial vehicle.”  Assistant City Administrator Aiken said that pickup trucks and panel vans are excluded.  City Attorney Jones said, “It says a delivery service vehicle meeting the definition of commercial vehicle.  Those are the ones that are treated by these new sections, 5 and 6.”

Alderman Fleming said, “Commercial vehicles, in general, are already by ordinance supposed to be behind…..”  Assistant City Administrator Aiken said, “They are prohibited from being parked for more than two hours, unless actively involved in loading and unloading.  That’s the existing code.” 

Assistant City Administrator Aiken said, “Commercial vehicles are already prohibited except for the two-hour loading, or if they can demonstrate that they are involved in activity on a construction site, or something of that nature.  Delivery vehicles are a sub-class of commercial vehicles.  It could be both a delivery service vehicle and a commercial vehicle, but it doesn’t have to be a commercial vehicle to be a delivery service vehicle.  If it is a panel van, which is already defined in our code, or a pickup truck, it is small enough not to be a commercial vehicle, it would not be subject to this regulation.  If it meets the definition of commercial vehicle, which got tightened up in this, it will be subject to be parked behind the building.  If there’s not a behind the building line or a place behind the building, the vehicle could be parked in the front, with a permit to do so and meeting the criteria.” 

Alderman Fleming said, “If there is a truck that’s a delivery service vehicle, but it has more than 10% advertising space, it will have to be parked behind the building.”  Assistant City Administrator Aiken said, this won’t apply to a plumber that goes into the Lowe’s store to buy product.  The parked vehicle would not be in violation.  There were concerns about signage, big vehicles, and we didn’t want to eliminate the options for businesses to have delivery vehicles parked on the site.” 

Alderman Harder said, “A panel van that has a company name on the vehicle, parked on a lot near the street, with more than 10% signage, would or would not be in violation?”  Assistant City Administrator Aiken said, “10% can be changed to a different percentage.  On some smaller vehicles, there are car wrap advertisements that covers the entire vehicle.  It’s a film that’s applied to the car and it sticks to the car.  That turns a smaller vehicle into a pretty good size sign.” 

Alderman Harder said, “Our original intent is regarding people who park these vehicles every night along Manchester Road at the edge of the shopping centers.  Have you run this scenario past the vehicle owners that we’ve been talking about?”  Assistant City Administrator Aiken said, “There are a couple of panel/window vans that have signs on them that would be legal and could stay in the front parking lot.  The larger box trucks would definitely be classified as commercial vehicles and subject to be parked in the back, including trailers.” 

Assistant City Administrator Aiken said, “There was a provision in the ordinance that prohibited trailers from being parked in commercial districts.  This exempts them as commercial vehicles and allows them, subject to the new standards.” 

Mayor Pogue said, “Just recently, there is another automotive sign truck at one of the cellular stores.  The truck has not moved since it was parked.  This is an increasing problem.”  Assistant City Administrator Aiken said that location is a good example because there’s no back area to park any vehicles.  This vehicle would have to be parked right in front of the store, which would block the store front and possibly take away some incentive.  Regular use is a determining factor in some cases.  Some aren’t being used as delivery vehicles, but I’m sure we would be told that they use the vehicle regularly once a month or five times a year.  Not everyone has the same understanding of regular use.”  Alderman Harder said the truck being mentioned looks like an old U-Haul truck that was converted to a billboard sign.  It may not even run. 

Alderman Dogan asked, “If anyone has talked to these businesses to know that if we adopt this type of legislation, will it hurt their sales, is this critical to their business strategy?  I wouldn’t want to adopt legislation that will decimate sales tax.”  Assistant City Administrator Aiken said he didn’t think it was appropriate to do this until the Board has input on this.  From a sales tax perspective, we don’t get sales tax from an exercise facility.  There’s little sales tax from a telephone store.  That doesn’t mean it’s not important to them as a business.” 

City Administrator Kuntz said, “Our Business Resource Officer has had conversations with the business owners.  This won’t be a total surprise to that segment of the business community.  There hasn’t been an organized meeting.  We tried that approach regarding outdoor storage of product, and there were no more than 5 people that attended, without a lot of constructive input.  These are pretty much blatant subterfuges to our sign code.  It’s not as prolific in other communities as it is in Ballwin.  The trend is continuing because we have more as time goes on.  We want to be pro-business but also want to maintain a standard and aesthetic value to the corridor.  It’s a matter of tolerance and appearance.” 

Mayor Pogue said, “I’m concerned about the aesthetics because there’s a lot of development in the City, and the Great Streets project.  Those that are parking the vehicles and letting them sit week after week is making some of the areas look bad.”  Assistant City Administrator Aiken said, “If they couldn’t park the vehicle behind the building, it would have to be parked in front close to the building.” 

Alderman Boerner said, “I think it is an effort on their part to circumvent the sign code.  I agree with    Mr. Kuntz wholeheartedly.” 

Alderman Dogan said, “Regarding Section 2 (5) D, referencing authorized improved surface, is that another description of a parking lot?”  City Attorney Jones said, “We only allow certain surfaces.”  Assistant City Administrator Aiken said, “The purpose of this is so that someone wouldn’t park on the grass in an area that wasn’t approved as a paved surface.  All the plazas in Ballwin have approved site development plans that stipulate where the pavement is.  Some have grass areas in back that someone might decide is a good place to park.  The vehicle shouldn’t be parked on a non-approved surface.” 

Alderman Harder said, “If we adopt this, is there any way we can include a 30-day compliance period, that gives them a chance to find another parking place.”  Assistant City Administrator Aiken said, “If this is approved, we would send letters to the businesses informing them that the ordinance has been passed and give them a fair length of time for compliance on an initial basis.” 

Mayor Pogue said, “We will need a motion to officially draft legislation, which could include an effective date, such as July 1.”  City Attorney Jones said, “I discourage writing in a compliance period or notice period.  The more process that is written into an ordinance, the more opportunity there is for someone to miss this.  It should leave some discretion of the staff that will have to look at the violations.  I’m not aware of a situation where they don’t give notice, but I would hate to have it in the ordinance that notice has to be given and they have 30 days to comply.” 

Mayor Pogue said, “In Section 5 where it says full force and affect from and after the date of passage, set an effective date?”  City Attorney Jones said yes that is a better way to do this. 

City Administrator Kuntz said, “We would give 30-days notice.”  Alderman Harder said, “Perhaps people in the business community, before a vote on the legislation, could come to a Board meeting to discuss their issues on this.” 

A motion was made by Alderman Harder and seconded by Alderman Finley to draft legislation.  A voice vote was taken with the following result:  Aye:  Finley, Dogan, Harder, Leahy, Boerner, Kerlagon.      Nay:  Fleming.  The motion passed by a vote of 6-1. 

ALDERMANIC COMMENTS

TDD / TIF Debt:  Alderman Boerner said “There are a couple of things that I was involved in since the last meeting.  Are there any questions regarding the footnote related to the Towne Center debt?”  Alderman Harder said, “I’m sure staff has reviewed this information and Alderman Boerner’s narrative.  Does staff agree with the numbers, should we go ahead with this, or is there a conflict?”  City Administrator Kuntz said, “A detailed analysis is now being conducted.  I’ve shared this with the financial advisor from the issuing firm of A.G. Edwards, initially at the time, now Stifel Nicholas.  I’ve also requested a sales tax update.  I expect to see the March tax receipts this week.  Typically, it’s the second full week of the month.  I have not conducted any discussions with our neighboring communities relative to their CDD or TIF situations.  Finance Officer Keller will be providing a report.” 

City Administrator Kuntz said, “In an e-mail, I informed the Board that my intent, in respect of this communication, was in conjunction with the audit report, which will be provided to the Board in May and will reflect part of what Alderman Boerner said in the footnote analysis, is that we would also invite our financial advisor to give an open presentation on the TDD / TIF debt, so that the Board could, with her analysis, answer any questions and address the Board at that time.  Shoe Carnival has only been in business in Ballwin for 4 weeks.  This is the first time we’ve come this close, since the beginning of the center when it was open, to having 100% occupancy.  Even when we did, Ultimate Electronics went through three bankruptcy proceedings, which were hiccups on our portfolio.  I’m not suggesting that the trend data and the past period that we’ve gone through has not been very favorable, and I’m not arguing with the conclusions.  We won’t know what 9 years out is going to be, but someone with the qualifications can give that information in the May-June timeframe.”

Mayor Pogue said, “The City’s only liability would be $250,000 and has no legal obligations to make any other appropriations on that payment.”  City Attorney Jones said, “I was comfortable with the footnote that was drafted by the auditor and Finance Officer Keller.  It’s an explanation of the City’s liability and a limiting feature so that if someone is reading our financial reports and trying to determine what the city has to do, it’s a good start.”  City Administrator Kuntz said, “That’s not to minimize the concern.  The prospect may limit us legally, it is as all of our future is with respect to the revenue stream of this community, driven very significantly by sales tax dollars.  That’s part of why we’ve suffered so much more than others through five years of Great Streets presentations.  We recognize our commercial corridor is the lifeblood of the future provision of programs and services for this city.  Not having a property tax is a great thing, but not having a property tax is also a very limiting factor in controlling the future destiny.  I do my best to maintain extra communication and contact with particularly the Olde Towne Plaza across the street because it’s so vital that we get retail tenants that generate tax dollars to meet that accelerated obligation.  I’m fully onboard with that responsibility.  I’m also limited in terms of who signs a lease and what our community supports.  The best thing we can do is to encourage our friends, neighbors, and residents of this town to buy in Ballwin, to shop in Ballwin and to support the community so that we have that revenue to continue to be able to provide this high standard.” 


City Administrator Compensation:  Alderman Boerner asked if the Board had any questions.  Alderman Finley asked, “Do you have a concise set of recommendations on that issue?”  Alderman Boerner said, “The recommendation that I made was in an e-mail to the Board members.  What I said in the e-mail was that we have enough data to establish some trends.  The trends that are established are internal to what we generate.  That’s the only recommendation that I have are the ones that have already been documented.” 

Alderman Boerner asked if there were any other questions.  There was no response.  Alderman Boerner said, “We did vote to get Mr. Kuntz’s W-2.  I received a copy.  Would anyone like some information on that in terms of what I have?  I have the information.  I prepared something.  If nobody wants to see it, then so be it, or if we think it’s inappropriate at this time.” 

Alderman Dogan asked, “Do you have copies of that for the Board?”  Alderman Boerner said, “I have a copy, but I don’t know if it’s appropriate to….. there has been some concern expressed that it’s not appropriate to discuss this in an open session.  In response to what the Board requested the last time as far as getting it….” 

Mayor Pogue said, “There was a copy given to you.  The Board did not request copy of an analysis as far as what is on it.  Did you find any errors in relation to the salary that was provided to you during the annual review?”  Alderman Boerner said, “I’m glad you asked the question.  There were 5 different numbers that I received.  It was not evident to me what and how his salary was defined.  Because we have 5 different numbers, it would be go to the W-2 to see what the numbers really are.  I’ve got an analysis here and I still was not able to reconcile it within $1,000 or so, after a month of trying.  I have some information if you want me to pass it out right now, I’ll be happy to do so.” 

Alderman Finley said, “I’m in favor of a closed session for this because it’s a personnel matter.”  Alderman Boerner said, “I requested that, but apparently it was ignored.”  Mayor Pogue said, “It wasn’t ignored; never heard anything back.  You asked for feedback and none was given.” 

Alderman Boerner said, “Now I’m asking, right now, what is the pleasure of the Board.  Now we’re listening to what the pleasure of the Board is.”  Mayor Pogue said, “The reason for the analysis is because we set the exact dollar amount of what his compensation package would be, so I don’t understand what we’re trying to accomplish.”  Alderman Boerner said, “What I was trying to accomplish was to nail down the number.”  Mayor Pogue said, “We specifically said what that number would be for the next year.”  Alderman Boerner said, “I wanted to get some evidence because I got five different numbers.  I wanted to find out what the actual number was that is his regular salary.”  Mayor Pogue said, “I gave you the number that was given to me by the Finance Officer.  The W-2 would split between two different salary years.”  Alderman Boerner said, “I understand that.  My question is, if anyone was interested, given the fact that there’s a split, whether anyone was interested in the reconciliation between that split and what appeared on his W-2.  If no one is interested, then that’s the end of it.  If someone is interested, then I’ve done it.  That’s the bottom line.  I’m not being argumentative.  I’m just saying that there was a question about it, I raised a question, the Board had a question about it, and so I’ve done it.  If anyone is interested, I’ve done it.  If no one is interested, then it’s going to drop.  It’s as simple as that.” 

Mayor Pogue said, “We’ve set the salary for the next year.  I don’t understand what we’re trying to accomplish other than that.”  Alderman Boerner said, “I’d like to get real numbers when I ask for numbers, rather than bouncing all over the place.”  Mayor Pogue said, “And they were provided to you.”  Alderman Boerner said, “No they weren’t, well, the real numbers provided by you in the closed session, and that’s the only time that the real number was provided to me.”  Mayor Pogue said, “I provided that number prior to the closed session to the entire Board.”  Alderman Boerner said, “You did?”  Mayor Pogue said, “Via e-mail, after I had the discussion with the City Finance Officer.”  Alderman Boerner said, “Oh yeah, that’s right, you did do that.  The only reason I wanted it was to find out what the real number is.”  Mayor Pogue said, “You’ve got it and we’ve set the number for the next year.” 

Alderman Boerner said, “If that’s the pleasure of the Board, then it will end right here.  That’s the bottom line.” 

Alderman Finley said, “In order to put a rest to this whole issue, I make a motion that we go into closed session to discuss whatever information Alderman Boerner has.  The purpose is regarding personnel and nothing else.”  Alderman Boerner seconded the motion.   A roll call vote was taken with the following result:  Aye:  Dogan, Boerner, Finley, Harder.  Nay:  Fleming, Leahy, Kerlagon.  The motion passed by a vote of 4-3. 

City Administrator Kuntz said, “I have no interest in participating in this closed session.  If there’s a vote of no confidence, I’d like you to take it in open session.  I think this has been a witch hunt.  I totally do not appreciate being smeared through the mud and having myself up on a poster over a simple thing as my compensation, which is public record.  I’m not going to argue with you, Mr. Boerner, so don’t even wind up.  Do what you’re going to do.  If you’re going to do anything, do it out here in open session when you’re done.  I’m not going to participate.” 

Alderman Boerner said, “I’m not going to argue, but one thing that I do appreciate is getting good answers and good information.  It has not always been forthcoming, and that’s a fact.” 


The motion passed to adjourn to closed session at 8:02 p.m. 

Closed Session:
The Board convened in closed session at 8:04 p.m.

A motion was made by Alderman Boerner and seconded by Alderman Leahy to adjourn the closed session and to reconvene in open session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 8:18 p.m.

The Board reconvened in open session at 8:20 p.m.

Mayor Pogue stated that the Board met in closed session to discuss the components of the compensation package for City Administrator Kuntz. No action was taken by the Board.


Bill #3778, Ord. 13-11:  Alderman Finley said, “I’m in favor with the principle and what is in the bill, but I’m stuck on the dollar amount.  I don’t think it’s consistent with State law.” 

Alderman Finley said, “I thank Alderman Boerner for his distinguished service to the Board and the City of Ballwin.”

Alderman Boerner’s Final Aldermanic Comments:  Alderman Boerner said, “It’s been an honor and a privilege to serve, and I appreciate all the votes that I got and the confidence that the people have shown in me.  It’s been a great experience for me.  I think we have some really good people on this Board.  It has been a privilege to serve with each and every one of you.”


National Day of Prayer:  Alderman Harder asked will a proclamation for the National Day of Prayer be prepared.  Mayor Pogue said yes, and it will be like the one that was prepared last year.  Alderman Finley said that last year, the city gave the proclamation to them, but they preferred to see it hanging in our hallway.  I think that’s a good idea. 


AdjournA motion was made by Alderman Fleming and seconded by Alderman Boerner to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 8:28 p.m.


TIM POGUE, MAYOR

ATTEST:
 
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC