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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 Agenda

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE

June 23, 2008


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

             PRESENT                                                                                    ABSENT
MAYOR WALT YOUNG 
ALDERMAN TIM POGUE ALDERMAN                           RAY LEMBKE  -  OUT OF TOWN
ALDERMAN JIMMY TERBROCK 
ALDERMAN KEN BUERMANN 
ALDERMAN JANE SUOZZI 
ALDERMAN JAMES ROBINSON 
ALDERMAN FRANK FLEMING 
ALDERMAN RICHARD BOERNER 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES
The Minutes of the June 9 Finance & Administration Committee meeting were submitted for approval.  A motion was made by Alderman Terbrock and seconded by Alderman Robinson to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the June 9 Board of Aldermen meeting were submitted for approval.  Alderman Pogue amended page 2, paragraph 1 as follows:  “…the EIFS system is plaster over styrofoam, over drywall.” A motion was made by Alderman Buermann and seconded by Alderman Pogue to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PENDING ISSUES

PRESENTATION
Mayor Young introduced David and Steve Harder with Boy Scout Troop 387.  David and Steve are working toward their Scouting badges. 

CITIZEN COMMENTS
None.

PUBLIC HEARINGS
Community Development Block Grant Application for 2009:  Assistant City Administrator Aiken read the presentation that is required by HUD.  A sign-in sheet was passed through the audience for inclusion in the application.  He explained that the funds are received from the federal government through            St. Louis County as part of the Urban County Program.  Ballwin’s allocation is based on population and need.  The primary consideration for the expenditure of Community Block Grant funds is that more than 50% of the people that benefit from the expenditure must meet low to moderate income qualifications.  He said that Ballwin is a relatively affluent community.  As a result, there are no neighborhoods that qualify, form the most recent census data, as low to moderate income.  For many years, Ballwin uses the grant funds in the Home Improvement Program (HIP) run by St. Louis County.  Individuals who meet the low to moderate income qualification can apply for the funds to improve their residences.  The money is spent on livability improvements such as roofs, plumbing, etc.  The maximum benefit currently is $10,000 which enables Ballwin to fund about 4 people per year with the $40,000 allocation. 

Mayor Young asked if there is anyone that would like to speak relative to the Community Development Block Grant.  There were none.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue to submit the application to the H I P  program as recommended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

NEW BUSINESS

LEGISLATION

BILL # 3530 - AN ORDINANCE APPROVING A WIRELESS NETWORK LEASE AGREEMENT.

A motion was made by Alderman Buermann and seconded by Alderman Terbrock for a first reading of Bill No. 3530.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3530 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3530.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3530 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3530 with the following results: 
Ayes – Pogue, Terbrock, Suozzi, Buermann, Fleming, Robinson, Boerner.   Nays – None.  Bill No. 3530 was approved and became Ordinance No. 08-17.


BILL # 3531 - AN ORDINANCE AUTHORIZING THE CONTINUED PARTICIPATION OF THE CITY OF BALLWIN, MISSOURI, IN THE MULTI-JURISDICTIONAL DRUG TASK FORCE ORGANIZED BY ST. LOUIS COUNTY.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3531.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3531 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a second reading of Bill No. 3531.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3531 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3531 with the following results: 
Ayes – Terbrock, Suozzi, Buermann, Fleming, Robinson, Pogue, Boerner.  Nays – None.  Bill No. 3531 was approved and became Ordinance No. 08-18.


BILL # 3532 - AN ORDINANCE AMENDING CHAPTER 14, ARTICLE V, OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN.

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock for a first reading of Bill No. 3532.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3532 was read for the first time.

Mayor Young said that one Alderman is absent for the vote on this legislation.  He asked if the Board desires to hold over this legislation until all members are present. 

A motion was made by Alderman Terbrock for a second reading of Bill No. 3532.  There was no second to the motion.

Alderman Robinson said that at the last meeting, there was a 4 – 4 tie on this issue to prepare the legislation for consideration.  City Attorney Jones said that Missouri Statutes require that a majority of those elected must vote in favor of a bill in order to enact it into law in a city.  He said there must be 5 affirmative votes.  There cannot be a tie when there are 7 members voting.  There would not be an opportunity for the 5th vote to be cast by the Mayor.  He said the legislation can be brought up at the next meeting and will require the majority of those elected. 

A motion was made by Alderman Fleming and seconded by Alderman Boerner to table the proposed legislation until the next meeting.  The Board informally agreed. 


BILL # 3533 - AN ORDINANCE APPROVING A CONTRACT WITH ST. LOUIS COUNTY, MISSOURI, FOR PROVISION OF MUNICIPAL ORDINANCE PROSECUTION SERVICES IN THE MENTAL HEALTH COURT/JAIL DIVERSION PROGRAM.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3533.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3533 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3533.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3533 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3533 with the following results: 
Ayes – Buermann, Fleming, Robinson, Boerner, Pogue, Terbrock, Suozzi.   Nays – None.  Bill No. 3533 was approved and became Ordinance No. 08-19.


BILL # 3534 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO AL’S PROPERTY HOLDINGS LLC AT 104 HILLSDALE DRIVE FOR FRONT YARD PARKING.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3534.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3534 was read for the first time.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a second reading of Bill No. 3534.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3534 was read for the second time.

Findings:  A vote in favor of the bill finds that the Petition, as submitted, would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over-tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.  A vote against the bill means that one or more of these findings are absent.

A roll call was taken for passage and approval of Bill No. 3534 with the following results: 
Ayes – Terbrock, Suozzi, Buermann, Fleming Robinson, Boerner, Pogue.  Nays – None.  Bill No. 3534 was approved and became Ordinance No. 08-20.

BILL # 3535 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN TO EXECUTE AN EASEMENT DEED AND MAINTENANCE AGREEMENT IN FAVOR OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3535.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3535 was read for the first time.

Alderman Fleming asked for a brief description and explanation for this legislation.  Assistant City Administrator Aiken said that in order to accommodate the proposed addition, regarding of the site and replacement of the parking lot is necessary.  Where the addition to the building is going to be built, there is an existing storm sewer drain that needs to be relocated.  Submitting the plans to MSD is required by law.  MSD said that they own the sewer line and it cannot be taken out without replacing it.  He said there is no recorded easement.  MSD responsibility should be established by easement which will make MSD responsible for maintenance.  This is an easement approximately 10 feet wide and 40 feet long across the north side of the Government Center property adjacent to Kehrs Mill Road.  There is another easement on the front coming off of Manchester Road that is about the same dimension.  This legislation will make the maintenance the responsibility of MSD.  The Maintenance Agreement is part of the Clean Water requirements of the federal government.  As part of the re-grading, construction, and new parking lot, Ballwin must provide basins that have a filter at the bottom so that the water gradually filters out into the storm sewer system.  This will collect materials that wash off of the parking lot.  He said that MSD has required easements such as this for years with the detention basins. 

A motion was made by Alderman Fleming and seconded by Alderman Buermann for a second reading of Bill No. 3535.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3535 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3535 with the following results: 
Ayes – Pogue, Robinson, Buermann, Fleming, Suozzi, Terbrock, Boerner.  Nays – None.  Bill No. 3535 was approved and became Ordinance No. 08-21.


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. Liquor License Renewals
B. Banking (Extending Banking Service Agreement with UMB through June 30, 2011)

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

Board of Adjustment Appointment:  Mayor Young recommended re-appointing Lori Willis as a member of the Board of Adjustment.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann to accept the re-appointment of Lori Willis as a Board of Adjustment representative for another 5-year term, expiration on May 24, 2013.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Clayton Road:  Mayor Young said that on June 26, at 1:00 p.m., MoDOT will have a ribbon cutting that the Clayton Road project is complete.  Sidewalk work is still in progress, but the overall roadwork is complete. 

CITY ADMINISTRATOR’S REPORT

Police Service Fees:  City Administrator Kuntz said this is regarding efforts to recover costs with appropriate and equitable service fees, therefore, Chief Schicker has recommended several adjustments.  He said that legislation is required to implement the new charges.

A motion was made by Alderman Pogue that legislation be drafted for consideration as recommended. 

Alderman Robinson asked about the number of man hours that is spent on reports and violations.  Police Chief Schicker said that the average time required on a motor vehicle accident ranges from 1 hour to 1 ½ hours on the report.  The time at the accident scene will depend on the severity of the accident. 

Alderman Robinson said that we are becoming the investigation and secretarial service for insurance companies and attorneys.  They are getting a lot of service provided at little cost.  He said that a fee is not being charged for the officer’s time, the arrest, charging and processing.  Police Chief Schicker said that the sunshine law limits fees that can be charged for copying of public records and research to compile the information.  City Administrator Kuntz said that this law is restrictive and twice has been amended downward to the detriment of the cities, against the argument that Alderman Robinson has presented.  Alderman Robinson said that the State government is making cities provide the service to insurance companies and attorneys.  He said that people should contact the State representatives and senators to remind them to stop enacting laws that handcuff the cities. 

The motion was seconded by Alderman Terbrock to draft legislation for consideration.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Future Meetings:  City Administrator Kuntz said that traditionally, a Board meeting in July and August is cancelled.  Alderman Suozzi said that most likely Alderman Lembke will be present for the July 14 meeting so that the Utility Tax Bill No. 3532 can be voted on.  A financial work session has been suggested. 

A motion was made by Alderman Fleming and seconded by Alderman Pogue to cancel the August 11 Board meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Meadowbrook Streets:  City Administrator Kuntz said that the Meadowbrook proposal has been withdrawn by Jack Hanley, Trustee. 

Closed Session:  City Administrator Kuntz asked the Board for a closed session to discuss litigation.  The Board agreed.

CITY ATTORNEY’S REPORT

Neighborhood Improvement District:  City Attorney Jones said that if the Board wishes to form a Neighborhood Improvement District, the Board should set parameters, instruct the citizens in the Meadowbrook subdivision to bring back a petition that describes the area that is going to be improved, that incorporates a more realistic cost for the improvements and makes it clear that there may be a short fall which will ultimately have to be paid by the City but reimbursed by the citizens within the Neighborhood Improvement District. He said the Board should consider the options and inform staff and City Attorney if this is to be pursued.  A new Resolution could then be prepared.  City Administrator Kuntz said that all of the options have been explored, and this is the recommendation to the Board. 

City Attorney Jones said in order to satisfy the 67% needed to petition the City for a Neighborhood Improvement District, the entire acreage within the NID should be considered.  If there is going to be an assessment for an amount which was not collected ahead of time, that would have to be based on a front-footage calculation.  Meadowbrook Country Club comprises approximately 140 of the 245 acres within the proposed Neighborhood Improvement District.  He said that the ratio would not be the same when it came to determining front footage.  There are probably more linear feet of single-family lots that front on the streets than does the golf course.  He said that all of these things need to be clear in the petition for the Neighbor-hood Improvement District so that none of the property owners within the district are surprised when they receive a bill or a lien at a later date.  He said that if the proposal comes before the Board again, a new petition should be prepared that complies in all aspects with the guidelines in the statute. 

City Attorney Jones said that the acreage can be considered for looking at the petition and deciding if it meets the 67% threshold of all of the acreage within the NID.  There was a provision in the Resolution approving the petition to assess any overage against the property owners based on a front footage calculation.  The number in the Resolution was low by as much as 100%.  For the property owners to consider what their contribution would be on a front footage basis, a new petition is necessary. 

ALDERMANIC COMMENTS

Finance & Administration Committee:  Alderman Suozzi said in lieu of the holdover of the Utility Tax legislation, scheduling a committee meeting should be postponed. 

Great Streets Program:  Alderman Suozzi said that at the Great Streets Initiative meeting, it was stated that there would be an expectation of a contribution of 20% of the planning money from the participating cities.  She said that this should be done.  This program is an opportunity to get planning and suggestions.  She said that Ballwin should participate.  Mayor Young said that a local design firm will be used that understands Manchester Road. 

Street Lights:  Alderman Robinson said that in 2002, a street lighting contract was approved with AmerenUE.  In order to terminate the contract within 3 years, Ballwin does not have to pay anything.  If it is a post-top luminary, $100 per lamp will be charged.  They will remove the unit.  He said it doesn’t look like they are entitled to the $100 per lamp fee unless they remove it.  If we want the lights turned back on within 12 months, we will have to pay the same amount for them to reinstall it.  He said that there isn’t much in the agreement relative to the lamps that are older than 10 years. 

Alderman Suozzi said that she wants to push harder for Ameren to provide a better option than disconnecting the lights.  She said she is in favor of converting the lights into solar and buying the poles back from Ameren.  Ballwin does not have $500,000 to pay Ameren every year for street lights. 

Alderman Robinson said that Ballwin’s infrastructure should be maintained.  The longer this is neglected, the worse the infrastructure will deteriorate.  He said the streets are being neglected.  He said that over the years, Ballwin has paid for the light poles and Ameren is not going to do anything.  He said that Ameren has basically said to take it or leave it. 

City Administrator Kuntz suggested that 2 aldermen and staff meet informally with Ameren representatives and bring a report back to the Board.  Perhaps an Ameren representative could also meet with the Board. 

Alderman Suozzi suggested that she and Alderman Robinson meet with Ameren.  Alderman Robinson said that unless this Board is determined to make demands, there will be no bargaining.  Alderman Suozzi said that we don’t have all of the information that is needed to decide on this issue.  Alderman Robinson said he does not want to waste his time meeting with Ameren.  If they know that 5 aldermen are not willing to turn off the lights, they won’t make any change.  Alderman Fleming said that he is not in favor of turning off the street lights, but would be happy to continue discussing other options such as a plan that will continue funding street lights through 2011 so that subdivisions can make other arrangements to light the subdivisions.  He said he is not in favor of turning off the street lights. 

Alderman Suozzi said that perhaps a new contract could be worked out with Ameren wherein we could change the light bulbs.  Alderman Robinson said that residents in areas of the city that don’t have street lights will be paying a tax for a service that they do not receive.  There’s no likelihood in the near future that they will get street lights.  Alderman Fleming said that residents without street lights still benefit from the lights when they are using these streets.  Alderman Robinson said that residents don’t want to pay for street repair if their street is not getting fixed.  Alderman Suozzi said that there is a small number of residents who don’t have street lights. 

Alderman Terbrock said that he will meet with Ameren along with Alderman Suozzi and staff.  Mayor Young said that he will also participate.  Alderman Fleming said that Alderman Robinson is the only “free” attorney that the Board has to attend this meeting.  Alderman Terbrock said that he is opposed to quickly turning off the street lights.  People should be prepared in advance of any change and more options should be considered. 

Alderman Boerner said that he does not believe that the annual cost per light post is unreasonable because this also includes electricity, maintenance, cost of the post, installation.  Alderman Robinson disagreed.  He said that leasing a car 10 years ago and paying the same fees as though that car is new, would be unfair at this time.  He said he will get copies of the contract, tariffs, and ordinance. 


Closed Session:
A motion was made by Alderman Suozzi and seconded by Alderman Buermann to adjourn to closed session to discuss litigation.  A roll call vote was taken with the following results:  Ayes:  Terbrock, Suozzi, Boerner, Robinson, Pogue, Fleming, Buermann.  Nays:  None.  The motion passed to adjourn to closed session at 8:15 p.m.

The Board convened in closed session at 8:20 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.

The Board reconvened in open session.

Mayor Young announced that the Board met in closed session to discuss pending litigation.  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.

 

        ______________________________
        WALTER S. YOUNG, MAYOR
ATTEST:


____________________________________
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC

 

 

          June 23, 2008