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

Meeting Minutes

The meeting was called to order by Mayor Young at 7:00 p.m.
PRESENT
ABSENT
Mayor Walt Young
 
Alderman Tim Pogue
 
Alderman Jimmy Terbrock
 
Alderman Ken Buermann
 
Alderman Jane Suozzi
 
Alderman James Robinson
 
Alderman Frank Fleming
 
Alderman Ray Lembke
 
Alderman Ray Kerlagon
 
City Administrator Robert Kuntz
 
City Attorney Robert E. Jones
 

The Pledge of Allegiance was given.
The Minutes of the September 10, 2007 Board of Aldermen meeting were submitted for approval.  Alderman Fleming amended Page 8, Double Fine Zones by adding the following sentence:  “He said that this could be used in those areas and cited Clayworth as an example.”  A motion was made by Alderman Buermann and seconded by Alderman Lembke to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.
PENDING ISSUES
None.
CITIZEN COMMENTS 
Dan Sidoti, 500 Wellshire Ct.:  Mr. Sidoti suggested a summary of the Comprehensive Plan be published in the next city newsletter.  He said that according to the 2005 survey, about 79% of the population does not go to the web page for city information.  He said that Ballwin needs to work harder on communicating with the citizens of the community.  He felt that there should be more of an exchange of ideas with the residents.  The “citizen comments” section on the agenda does not give an opportunity to exchange ideas.  He said this is a one-way street.  He suggested town hall type meetings be held in the wards. 
Mayor Young said that the newsletter is published and mailed quarterly.  He said that more people are accessing the website now than when the survey last was taken.  The “citizen comments” on the agenda is the opportunity for residents to address the Board.  If there are questions that need a response at this meeting, the questions will be answered by the City Administrator or City Attorney.  Otherwise, the City Administrator will contact the resident in a timely manner with the requested information.  He said that there isn’t usually enough time at meetings to completely address every issue. 
Mr. Sidoti said that there was a lot of discussion on various issues such as a tax rate, street paving, and the Comprehensive Plan at the August 27 Board meeting.  He said the only item reported in the “Press Journal” was about the trash pickup.  He asked how are people supposed to know what is going on and what effort is the City making to inform the citizens?  He said that he has heard people say that Ballwin could afford to put up a fountain at the Pointe, but can’t afford to publish a monthly newsletter to keep the residents informed. 
Mayor Young said that people will come to the Board meetings if they are interested.  Some people are busy with their children and other things that they don’t have time.  If they have an issue to discuss, they call their aldermen or come to a meeting.  He said that other cities have the same attendance as the Ballwin meetings.  Mr. Sidoti said that something has to be done to keep the residents informed even if they cannot attend the meetings.  Mayor Young said that this will be further researched and considered.
Olivia Pieknik, 385 Walnut Point Ct.:  Ms. Pieknik said she understands that the issue of her appointment to the Planning & Zoning Commission is about equal representation and not about personality.  She said the appointment should be about the whole city and not ward representation.
PUBLIC HEARINGS
None.
NEW BUSINESS
LEGISLATION 
BILL # 3491 - AN ORDINANCE AMENDING SECTION 14-47 OF ARTICLE II OF THE ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO THE ISSUANCE OF BUSINESS LICENSES.
A motion was made by Alderman Buermann and seconded by Alderman Pogue for a first reading of Bill No. 3491.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3491 was read for the first time.
A motion was made by Alderman Suozzi and seconded by Alderman Terbrock for a second reading of Bill No. 3491.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3491 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3491 with the following results: 
Ayes – Buermann, Fleming, Pogue, Robinson, Terbrock, Lembke, Suozzi, Kerlagon.   Nays – None.    Bill No. 3491 was approved and became Ordinance No. 07-25.
BILL # 3492 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR RESUBDIVISON OF WILDWOOD LOT 112 AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3492.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3492 was read for the first time.
Alderman Robinson asked how this re-subdivision affects the density of the entire subdivision.  If the remaining homes along that stretch of Fieldstone would all subdivide, how would this affect the density.  Assistant City Administrator Aiken said that there are only 2 more possibilities for subdividing.  He said these lots are very much oversized compared with most of the lots in this subdivision. 
Alderman Robinson said he is concerned about the access on Clayton Road, immediately across from Parkway West High School.  Assistant City Administrator Aiken said that this request has access on Highland Ridge Drive and is a corner lot.  The next 2 lots, if subdivided, would have access off of Clayton Road.  Alderman Robinson asked if this density creates a zoning problem.  Assistant City Administrator Aiken said that this subdivision is in accordance with the current zoning on the property.  The lots are large and qualify under the current zoning. 
Alderman Robinson asked if there is a traffic accident on that stretch of Clayton Road, will this be covered by Chesterfield.  Chief Biederman said yes. 
A motion was made by Alderman Buermann and seconded by Alderman Pogue for a second reading of Bill No. 3492.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3492 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3492 with the following results: 
Ayes – Fleming, Pogue, Lembke, Buermann, Kerlagon, Robinson, Suozzi, Terbrock .    Nays – None.  Bill No. 3492 was approved and became Ordinance No. 07-26.
BILL # 3493 - AN ORDINANCE APPROVING THE FINAL PSD DEVELOPMENT PLAN FOR CLAYTON VALLEY SUBDIVISION.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3493.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3493 was read for the first time.
A motion was made by Alderman Pogue and seconded by Alderman Buermann for a second reading of Bill No. 3493.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3493 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3493 with the following results: 
Ayes – Kerlagon, Lembke, Pogue, Terbrock, Suozzi, Buermann, Fleming.    Nays – Robinson.  Bill No. 3493 was approved by a vote of 7-1 and became Ordinance No. 07-27.
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.
Finance Software
B.
Ammunition
C.
Records Destruction

A motion was made by Alderman Robinson and seconded by Alderman Buermann to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.
MAYOR’S REPORT
Smoke and Fire:  Mayor Young thanked the Ballwin staff who have worked to prepare for this event.  He said the event started with 8 participating in the barbecue the first year, 54 last year, and 80 this year.  Part of the proceeds are for the Historical Commission for the school house renovation.  
Planning & Zoning Appointment:  Mayor Young nominated Olivia Pieknik to serve as a commissioner on the Planning & Zoning Commission.  She is presently a member of the Board of Adjustment.  She was instrumental in the Comprehensive Plan and is a qualified candidate. 
Alderman Robinson said that an appointment at this time is premature due to the unresolved issue of the number of commissioners and ward representation.  There is an opportunity before the Board to fix the flawed process.  There are 8 commissioners, 2 from each ward and a chairman.  The chairman serves a one-year term.  He said there is no process if the chairman is no longer approved to serve the second year.  There are 3 commissioners from the same ward on this 9-member commission, which creates unequal representation.  He said the Board is not doing their job if they choose to ignore this. 
Alderman Robinson suggested that an 8-member Commission should elect one of its group to be the chairman.  The chairman will serve for 1 year.  At the end of the year, if the Commission wants a different chairman, they will elect the new chairman from the 8 member commission.  He does not think another member is necessary.  The commission should be a panel of 8. 
Alderman Fleming agreed with Alderman Robinson’s suggestion.  He said that this is a simple suggestion that will change the ordinance to say that the Planning & Zoning Commission shall consist of 10 members including an alderman and the Mayor, and with the chairman selected from among the citizen members of the commission.  He said in this way each ward will have 2 members, and there will no longer be the issue of ward representation concerning the 9th member.  He said the third section of Section 6-67 could be changed to say 8 citizen members appointed by the Mayor and approved by the Board of Aldermen, with two members from each ward. 
Alderman Pogue said this is a simple solution and he agreed with Aldermen Robinson and Fleming. 
City Attorney Jones said that at this time, Mayor Young has recommended an appointment; therefore, the Board must vote on the recommendation.  Another motion can be made to draft legislation to change the configuration of the Planning & Zoning Commission. 
A voice vote was taken for the appointment of Olivia Pieknik to the Planning & Zoning Commission with the following result:  Ayes:  Aldermen Lembke, Kerlagon, Terbrock.   Nays:  Aldermen Robinson, Fleming, Suozzi, Pogue and Buermann.  The motion failed by a vote of 5-3. 
A motion was made by Alderman Robinson and seconded by Alderman Pogue to draft legislation to amend the existing ordinance in accordance with the proposed format described by Alderman Fleming.  A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ADMINISTRATOR’S REPORT
Surplus Property:  City Administrator Kuntz said that he and City Attorney Jones were authorized to take the appropriate legal measures to dispose of three remnant properties.  The two Ries Road properties are small surplus properties that resulted from the re-construction of Ries Road.  He said that the sale was posted and advertised in the newspapers.  He recommended accepting the only bid for the aggregate price of $1,050 for the two small parcels. 
A motion was made by Alderman Suozzi to accept the aggregate bid of $1,050. 
Alderman Terbrock asked about the right-of-way and power lines that this property encroaches into the right-of-way, which is the access for a piece of property off of Ries Road.  By selling the two small parcels, he asked if the access could be blocked to other properties.  City Attorney Jones said a right-of-way cannot be blocked.  If it is property that is owned in fee by someone else, access could be controlled by the fee owner of the property, absent of an agreement or a court determination that it had been used long enough for ingress and egress that an easement has been established.  This could restrict the use of the property.
City Administrator Kuntz said these are two remnants that are adjacent to 151 Ries Road on the east side. 
The motion was restated by Alderman Suozzi and seconded by Alderman Buermann to sell the two parcels for the amount of $1,050.  A voice vote was taken with the following result:  Ayes: Suozzi, Kerlagon, Buermann, Lembke   Nays:  Pogue, Terbrock, Robinson, Fleming.
Alderman Terbrock said it is not clear to him where the parcels are located in order for him to vote for the motion.  
A motion was made by Alderman Robinson to table the discussion until the next meeting and that a diagram be presented to show the location of the parcels. 
Alderman Terbrock asked if the bids can be rejected.  City Attorney Jones said that the public notice stated that the bids could be rejected.  City Administrator Kuntz agreed that this should be tabled until the next meeting.  
The motion was withdrawn by Alderman Suozzi.  Alderman Buermann withdrew his second of the motion. 
City Administrator Kuntz said there is a policy question regarding the third parcel.  He said there were two bids.  He suggested the Board take the high bid and it can become a buildable lot and a potential asset to the neighborhood; or reject the bids and wait a reasonable time period for more favorable market conditions and contact custom home builders and others. 
A motion was made by Alderman Buermann and seconded by Alderman Suozzi to reject the bid of $10,500, and wait for a more favorable time.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Structures in Right-of-Way:  City Administrator Kuntz recommended approval of the revised policy in accordance with Board suggestions.  Alderman Fleming suggested the following changes in the policy:  1) “Due to historical circumstances……… right-of-way” is not a sentence. 
2)  In Item 4, change to “At the City’s discretion, they may maintain”…   He said that this will clarify that the City is not obligated to do this.
3)  In Item 5, change to “At this point, the owner who received a violation notice has the following options……..”
4)  In Item 6, add:  “Anyone maintaining the structures does so at their own risk and expense.” 
Bond Processing:  City Administrator Kuntz commended Chief Biederman and his staff for being cost efficient in making the suggestion to require a $10 fee to take bond for another municipality.  City Attorney Jones said there are other municipalities that won’t accept bonds for other municipalities.  He said it is a good practice to accept the bonds to keep procedures moving along.  City Administrator Kuntz said that this is a fee to recover cost, not to generate revenue.
A motion was made by Alderman Suozzi and seconded by Alderman Pogue to authorize City Attorney Jones to draft legislation for consideration to require a $10 fee to take bond for another municipality.  A voice vote was taken with a unanimous affirmative result and the motion passed. 
Countertop Replacements:  City Administrator Kuntz said that he and Director of Parks and Recreation Bruer recommend that the bid be rejected due to the few responses.  He believes that re-bidding this project can bring more favorable prices. 
A motion was made by Alderman Buermann and seconded by Alderman Suozzi to reject the countertop replacements bid and to re-bid the project.  A voice vote was taken with a unanimous affirmative result and the motion passed. 
Snow Plow:  City Administrator Kuntz said that this is regarding a snow plow that was previously bid.  A year ago, the bids were either too high or non-responsive.  He said there are sufficient funds available in this year’s contingency in Public Works.  Public Works Director Kramer would like to have this equipment purchased and installed before the start of the snow season as opposed to deferring it into the 2008 budget.  It is recommended that the plow be purchased at this time from Woody’s Municipal Supply, who submitted the lowest of 4 bids, in the amount of $7,054.00. 
A motion was made by Alderman Buermann and seconded by Alderman Pogue to accept this bid for the snow plow.  A voice vote was taken with a unanimous affirmative result and the motion passed. 
Bridges:  City Administrator Kuntz said that there are bridges in Ballwin that have rated load limits based on MoDOT inspections.  He said Ballwin does not have legislation to enforce these limits.  He said there was a construction truck with a 30-ton weight caught crossing a bridge that was rated for 20 tons.  In this case, the driver was given a warning, but there was  nothing else that could be done because there is no legislation on record in Ballwin.  He said that every year MoDOT rates the bridges.  
A motion was made by Alderman Kerlagon and seconded by Alderman Buermann to authorize City Attorney Jones to prepare this legislation.  A voice vote was taken with a unanimous affirmative result and the motion passed. 
Smoke & Fire BBQ:  City Administrator Kuntz said that Alderman Terbrock originally suggested that the City of Ballwin assist with this event.  He also complimented Director of Parks & Recreation Bruer for her coordination. 
Budget Work Session:  City Administrator Kuntz stated that the 2008 Capital Budget Work Session will be at 5:30 p.m. in the Board room on October 8.
CITY ATTORNEY’S REPORT
Legal Issues:  In response to a question posed at the September 10, 2007 meeting, City Attorney Jones said the status of Section 7-256 is still in effect and has been without amendments since 1973. 

Double Fines:  City Attorney Jones said that the County Circuit Court no longer has pre-empted control over the municipal courts.  He said the municipal court judge should enact an administrative rule, as provided in Missouri Supreme Court Rule 37.49, which sets forth scheduled fines within the municipal court.  He said he will work with the judge to do this.  He said if the Board desires to indicate certain areas that are deserving of special treatment, this can be done with an ordinance. 
Alderman Robinson asked if the discretion could be reserved by the Board instead of given to the judge.  City Attorney Jones said yes this can be done.  Alderman Robinson said the Board prefers that the discretion be removed from the judge.  City Attorney Jones said an ordinance should be adopted and the area properly posted. 
Alderman Pogue said that the Police Department should review the policy for suggestions as to viable areas and the proper signage.  City Administrator Kuntz suggested that it be all streets, 25 miles per hour or less.  This will be easier for enforcement.  Chief Biederman said that the cost for the signs will have some impact on the budget. 
Alderman Buermann suggested that the Prosecuting Attorney be consulted, since he has requested being involved in such discussions. 
Alderman Kerlagon said that doubling the fines is an excellent step to prevent serious injury.  Alderman Lembke asked if there is a way to write into the law that plea bargaining to a non-moving violation in double-fine areas will not be allowed or accepted.  City Attorney Jones said he would counsel against this because the Prosecuting Attorney has to have some ability to work with the case before him based on the facts of the case.  The sentencing guideline takes the discretion away from the judge.  He said he is not in favor of doing this to the Prosecuting Attorney. 
City Administrator Kuntz said these suggestions will be compiled for further consideration.  
Opportunities for Increased Revenue:  City Attorney Jones said that he compared the sales tax between Ballwin and others based upon the point of sale and pool distinction that was enacted in the 1990s.  He said at the same time, the General Assembly passed Section 94.850, which in addition to the 1cent sales tax that is collected at the state level and then remitted and passed through to cities like Ballwin.  This section allows sales tax in the amount of either 1/8 of 1% or ¼ of 1% to be collected in the point of sale areas.  He said there were many municipalities that did this almost immediately when the sales tax pooling legislation was passed in the 1990s.  Ballwin has not passed this tax.  He said this is a potential revenue opportunity that the Board has not previously discussed.  This would have to go to the voters and could be up to ¼ of 1 cent in the point of sale areas, which could be an increase of $250,000 annually.  Mayor Young said that the Manchester sales tax is now over 8 cents.
 
ALDERMANIC COMMENTS
E-mail:  Alderman Buermann said that e-mail is a public record.  Reminder guidelines have been distributed.
Property Tax and City Finances:  Alderman Buermann asked for the total support of the Board and Mayor on a proposition to put a property tax on the ballot.  He said if the support is not unanimous, it’s not worth trying to do this.  He asked for unanimous agreement on a date that this election could be held and a list of 5-7 people who may want to serve on a committee.  He said the City of Ballwin cannot be involved in any political selling of this.  He asked the Board to seriously consider this action.  If this is not the direction that the Board wants to go, then this should be settled once and for all so that City Administrator Kuntz does not have to provide additional information on city finances because the Board is not prepare to do anything about it.  He said he is going to press hard this time to get feedback from the Board and Mayor.  If there is not a unanimous direction from the Board, there will be some tough decisions to make.  He said by 2009, the revenue/expenditure lines are not going to match.  He said there will be serious financial problems by 2009 and this must be addressed prior to that time. 
Closed Session:  Alderman Pogue asked for a closed session to discuss a personnel matter.
Non-conforming issues:  Alderman Terbrock said that non-conforming use was discussed regarding Elco.  He asked if any policy was formed.  City Administrator Kuntz said that it was agreed that this would be on the agenda for the Planning & Zoning Commission.  
FEMA Funds:  Alderman Terbrock complimented staff and Captain Steve Schicker for the good job in recovering funds from FEMA for storm damage.
Wildwood Parkway Traffic Study:  Alderman Robinson said that residents along Wildwood Parkway have asked for a traffic study at the intersection of Wildwood Parkway and Trailwood.  Police Chief Biederman said that the study is underway.  City Administrator Kuntz said that the procedure is that the Police Department passes their recommendation to the City Engineer, and then the Board.  The petitioner has been informed that this is in progress.  
Closed Session:
A motion was made by Alderman Buermann and seconded by Alderman Pogue to adjourn to closed session to discuss a personnel issue.  A roll call vote was taken with the following results:  Ayes:  Aldermen Robinson, Buermann, Lembke, Pogue, Suozzi, Kerlagon, Terbrock, Fleming.  Nays:  None.  The motion passed to adjourn to closed session at 8:23 p.m.
The Board convened in closed session at 8:25 p.m.
A motion was made by Alderman Buermann and seconded by Alderman Pogue to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 8:39 p.m.
The Board reconvened in open session at 8:40 p.m.
Mayor Young announced that the Board met in closed session to a personnel issue.  No votes were taken.
Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 8:42 p.m.
Walter S. Young, Mayor
ATTEST:
Robert A. Kuntz, City Administrator
MC
Approved:  October 8, 2007