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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

CITY OF BALLWIN
BOARD OF ALDERMEN MEETING
January 27, 2014  7:00 p.m.
At 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: January 13, 2014  Board of Aldermen meeting
                             
5. Presentation: None.

6. Pending Issues: None.

7. Citizen Comments:
 
8. Public Hearing: None.

New Business: 

9. Legislation                  Next Ordinance # 14-03
     A. Bill # 3822 Metro West Fire Protection Signal Agreement
     B. Bill # 3823 MSD Easement Assignment

10. Consent Items 
     A. Skidsteer Replacements
     B. Police Cars Replacement
     C. Detective Vehicle
     D. Surplus Property

11. Mayor’s Report 

12. City Administrator’s Report 
     A. Mosquito Control
     B. Pickup Truck
     C. BuyBoard

13. Staff Reports 
     A. None.

14. City Attorney’s Report 

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
January 27, 2014     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 at the front 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, or e-mailed to mclark@ballwin.mo.us 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 January 13, 2014 Board of Aldermen meeting are submitted for approval.

METRO WEST SIGNAL AGREEMENT (Bill 3822)
This legislation authorizes Metro West Fire Protection District to implement a signal override system on our traffic signals similar to what is already in place along Manchester Road.

MSD EASEMENT ASSIGNMENT (Bill 3823)
This legislation transfers jurisdiction of a subdivision easement to MSD for sewer maintenance purposes.

SKIDSTEER REPLACEMENTS
It is recommended that we replace 3 skidsteers and award this contract in the aggregate amount of $150,593 (with no trade) to Bobcat Co. of West Fargo.

POLICE CARS REPLACEMENT
It is recommended that this contract be awarded to Don Brown Chevrolet, under State contract, in the aggregate amount of $83,140 with no trade.   

DETECTIVE VEHICLE
It is recommended that we purchase this vehicle to replace a 2005 Ford Taurus.  Under State contract, the cost for a 2014 Chevy Impala LS would be $17,582 with no trade. 

SURPLUS PROPERTY
It is recommended that the high bid of $9,900 for a surplus dump truck, plow, and salt spreader be accepted for sale. 

MOSQUITO CONTROL
After 3 years of relying exclusively upon the County, it is recommended that we get back in the business by providing regularly scheduled fogging on a city-wide basis.  It is also recommended that we continue to contract with the County for larvacide services.

PICKUP TRUCK
The low bid was not recommended, and the total cost, with no trade, slightly exceeds our budget projection. 

BUYBOARD
The Missouri Municipal League has recommended that all member cities participate in this cooperative procurement process.  Further direction, by motion, is requested.

Meeting Minutes

UNOFFICIAL DRAFT
MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 Park Drive
January 27, 2014

STATEMENTS ATTRIBUTED TO INDIVIDUALS IN THIS “DRAFT” ARE NOT VERBATIM QUOTES. THE MINUTES OF THIS MEETING ARE REPORTED IN SUMMARY. THIS IS AN “UNOFFICIAL DRAFT VERSION” OF THE MEETING MINUTES. DRAFT VERSIONS OF MINUTES ARE SUBJECT TO REVIEW, MODIFICATION, AND APPROVAL OF THE BOARD OF ALDERMEN.

(The Minutes are prepared in summary to reflect the overall discussions – not verbatim quotes.)

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

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

The Pledge of Allegiance was given.

MINUTES
The Minutes of the January 13, 2014 Board of Aldermen meeting and closed session were submitted for approval. A motion was made by Alderman Fleming and seconded by Alderman Leahy to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS
None.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3822 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN, MISSOURI, ON BEHALF OF THE CITY, TO EXECUTE AN AGREEMENT WITH METRO WEST FIRE PROTECTION DISTRICT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A PRIORITY CONTROL SIGNAL SYSTEM AT A CERTAIN CITY OWNED TRAFFIC SIGNAL.

A motion was made by Alderman Harder and seconded by Alderman Fleming for a first reading of Bill No. 3822. A voice vote was taken with a unanimous affirmative result, the motion passed and Bill No. 3822 was read for the first time.

A motion was made by Alderman Fleming and seconded by Alderman Boland for a second reading of Bill No. 3822. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3822 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3822 with the following results:
Ayes – Fleming, Boland, Terbrock, Dogan, Kerlagon, Finley, Harder, Leahy. Nays – None. Bill No. 3822 was approved and became Ordinance No. 14-03.

BILL # 3823 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN, MISSOURI, ON BEHALF OF THE CITY, TO EXECUTE AN AGREEMENT WITH METROPOLITAN ST. LOUIS SEWER DISTRICT FOR THE ASSIGNMENT OF A SEWER EASEMENT.

A motion was made by Alderman Boland and seconded by Alderman Terbrock for a first reading of Bill No. 3823. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3823 was read for the first time.

A motion was made by Alderman Fleming and seconded by Alderman Leahy for a second reading of Bill No. 3823. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3823 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3823 with the following results:
Ayes – Fleming, Leahy,Kerlagon, Harder, Finley, Boland, Terbrock, Dogan.. Nays – None. Bill No. 3823 was approved and became Ordinance No. 14-04.

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. Skidsteer Replacements
B. Police Cars Replacement
C. Detective Vehicle
D. Surplus Property

Alderman Boland requested that Items A & B be removed for further discussion.
Alderman Finley requested that Item C be removed for further discussion.

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

MAYOR’S REPORT
Better Together: Mayor Pogue said that the Better Together group will hold a meeting on Wednesday, January 29 at 4:00 p.m. at the Lodge of Des Peres for elected officials, municipal staff to discuss plans as a result of their study.

Government Affairs & Transportation Meeting: Mayor Pogue said that Ballwin will be hosting this meeting for the Chamber of Commerce on February 21 at 7:30 a.m. at The Pointe at Ballwin Commons.

St. Louis County Municipal League Meeting: Mayor Pogue said that Ballwin will also be hosting this meeting on February 27, at 7:30 p.m. at The Pointe at Ballwin Commons.

The Board of Aldermen Workshop/Retreat will be held on February 8 at 8:00 a.m. in the Board room.

CITY ADMINISTRATOR’S REPORT

Skidsteer Replacement: Alderman Finley asked how long will a skidsteer last. Superintendent of Streets Jim Link said the lifespan is usually 4-6 years. City Administrator Kuntz said that this is replacement of 2004, 2005 and 2009 units. The oldest skidsteer that is being replaced is 10 years old.

A motion was made by Alderman Kerlagon and seconded by Alderman Fleming to accept the recommendation of staff to accept the bids for the skidsteer and cold planer. A voice vote was taken with a unanimous affirmative result and the motion passed.

Director of Public Gary Kramer said that the skidsteers will be sold on GovDeals. City Administrator Kuntz explained that when purchased are made under State contract, there’s no trade-in. When there’s surplus, authorization s necessary to dispose of the surplus if its exceeding certain values.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock, to authorize staff to sell the surplus items on GovDeals. A voice vote was taken with a unanimous affirmative result and the motion passed.

Police Cars Replacement: Alderman Boland asked what are we getting for $3,500 more with the Dodge Charger? Police Chief Schicker said the vehicle is larger and comes with an auxiliary ______________
Alderman Boland asked if the officers will be able to transport equipment and people in the same manner as in the past? Police Chief Schicker said yes, but the space will be tight.

A motion was made by Alderman Fleming and seconded by Alderman Boland to accept the staff recommendation to approve the bid. A voice vote was taken with a unanimous affirmative result and the motion passed.

Detective Vehicle: Alderman Finley asked about the use of the vehicle. Police Chief Schicker said there are 6 detectives that will be using the vehicle and is used for many aspects of the detective bureau and are sometimes driven across the state or out of state.

A motion was made by Alderman Fleming and seconded by Alderman Finley to accept the staff recommendation. A voice vote was taken with a unanimous affirmative result and the motion passed.

Mosquito Control: City Administrator Kuntz said since 2010, St. Louis County has been fogging for mosquitoes on Sunday evenings in selected areas. They only fog when their mosquito traps, set in various locations, indicate a presence of the disease carrying breed of mosquitoes. Our press releases recommended that residents contact St. Louis County directly. It’s recommended that controlling all mosquitoes, not just the disease carrying breed. For city-wide weekly fogging, the 2014 budget includes $7,000 for fogging chemicals, $26,400 for personnel costs and $10,400 for motor fuel costs. It is recommended that the County continue to be used for larvaciding services. City Engineer Gary Kramer said that Larvaciding stops the eggs from hatching, although mosquito eggs are hatching every day. Both procedures are necessary.

Mayor Pogue said that last year, St. Louis County only fogged in the City of Ballwin for 22 ½ hours for the whole summer. We will do about 30 hours of fogging each week. This will be a higher level of service.

Alderman Finley said he has researched the safety of the chemicals used in mosquito fogging. He said he is satisfied that there’s no safety issue. The nuisance mosquitos don’t cause diseases; the container mosquitos cause the disease. He is in favor of continuing with St. Louis County to do the larvaciding.

Alderman Boland said that St. Louis County was not providing a service that matched ours. From that perspective, he is in full agreement to resume our own mosquito spraying.

City Administrator Kuntz said that 3 years ago, a resident was strongly opposed to mosquito spraying. The chemicals are approved and used by the State. We have licensed applicators and chemicals that are purchased under State guidelines. This is a quality of life service. The majority of Ballwin residents will see this as an improvement over the last 3 years.

Alderman Fleming said he has always been in favor of doing our own mosquito spraying. What are we going to do now if someone presents to the Board a petition of 75% of everyone on a street to discontinue spraying in that area? This is something that should be considered ahead of the Board being approached with this issue. This will come before the Board as it did 3 years ago. At that time, the lady presenting the petition was very persuasive in her attack on chemicals regardless if they are EPA approved or not.

Alderman Dogan said he does not think residents on a specific street should be allowed to opt out of the mosquito spraying program.

Alderman Boland said that we should be ready with a policy in place as to how requests to opt out will be handled.

A motion was made by Alderman Kerlagon and seconded by Alderman Leahy to proceed with the new plan for Ballwin to resume mosquito fogging and continue with St. Louis County for larvaciding. A voice vote was taken with the following result: Aye: Terbrock, Dogan, Leahy, Boland, Kerlagon. Nay: Finley, Fleming, Harder. The motion passed by a vote of 5-3.

Pickup Truck: City Administrator Kuntz said the staff recommendation is to purchase this vehicle from the third low bidder and award the contract to Dave Sinclair Ford, which is $8.00 in excess of the budgeted amount.

A motion was made by Alderman Boland and seconded by Alderman Fleming to accept staff recommendation for the purchase of the vehicle from Dave Sinclair Ford. A voice vote was taken with a unanimous affirmative result and the motion passed.

BuyBoard: City Administrator Kuntz said the Missouri Municipal League has requested that we participate in a procurement process that is under their sponsorship. We would be able to use their bidding process. He suggested that City Attorney Jones research more details of this, but legislation will be required to move forward. He doesn’t see any problems with this at this time. City Attorney Jones said that this agreement incorporates the bylaws of the organization, which we have not seen.

City Administrator Kuntz said that it is his understanding that agreeing to participate, until it is triggered with a transaction, we wouldn’t be under any financial obligation. We will know this after City Attorney Jones looks at the details of the bylaws.

City Attorney Jones said that there is a provision in our purchasing policy that allows us to participate in the State bid process or other cooperative bidding processes. We also have a provision that allows us to waive the bidding process at the direction of the Board of Aldermen.

A motion was made by Alderman Terbrock and seconded by Alderman Fleming to draft legislation with the caveat that the City Attorney is comfortable with this upon his review of the program. A voice vote was taken with a unanimous affirmative result and the motion passed.

Charter Communications: City Administrator Kuntz said we are currently in discussions with Charter Communications regarding their conversion from analog signal to digital. We’ve been notified that effective February 11, the system will be going digital, which affects all Charter subscribers. There will be a significant impact on the City, specifically The Pointe. Most of the exercise equipment has monitors that will need to be brought into compliance with the digital signal.

City Administrator Kuntz said that Director of Parks & Recreation Linda Bruer has an alternate suggestion in the event we can’t make the numbers work on a cost effective basis. This was not a planned expenditure. Charter has not yet given a firm number. Mayor Pogue said this was discussed last week at the Municipal League meeting.

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT

Pointe Improvements: City Attorney Jones said he received the final loan documents for the Pointe improvements from US Bank Corp. Government Leasing Division. He said he is concerned about the indemnification provision and escrow agreement. He will be speaking with US Bank Corp. about this with the idea to bring back the documents for approval by the Board at the February 10 meeting.

City of Manchester Texting Ordinance: City Attorney Jones said that Alderman Finley asked him to review this ordinance. The State Statute does apply to persons under 21 years of age. The City of Manchester ordinance has two separate sections – one for persons over21, and one for persons under 21. He said it is his understanding that we can be more restrictive than the State under certain circumstances where our ordinances are not inconsistent or specifically pre-empted. The State Statute contains a sub-section that says the State pre-empts the field of regulating the use of hand-held electronic wireless communication devices in motor vehicles. The provisions of this section supersede any local laws, ordinances, orders, rules, etc. He said he’s not sure that Manchester’s ordinances are enforceable.

ALDERMANIC COMMENTS

Snow Removal: Alderman Boland said that Sister Rosario at Holy Infant School said that the City of Ballwin did a wonderful job of snow removal. She is very appreciative of the Ballwin services.

Catholic Schools Week: Alderman Boland said that this week is Catholic Schools Week. On Wednesday, January 29 at 9:30, an assembly will he held. An invitation was extended to Mayor Pogue, City Administrator Kuntz, Alderman Kerlagon and himself.

Mosquito Fogging: Alderman Fleming said he voted no on the mosquito fogging because he wants an approach prepared ahead of the requests to opt out. He said the Board should be prepared on how to deal with these requests. City Administrator Kuntz suggested that a one-year commitment be made to conduct the program, and use the city newsletter to objectively solicit resident feedback with respect to the work, and evaluation from their perspectives for 2015 and moving forward. But that we not try to come up with a formula that perhaps we will never be able to justify. It can’t be stop and start. He suggested that the plan is what we will do this for a year and that they can’t opt out this year.

Alderman Fleming asked if the Board is in agreement to tell people that they can’t opt out for one year. Alderman Boland said yes. He said we are here to represent the citizens and to act in their best interest. We’re not supposed to give in to the first person who shows up saying that it’s a mess.

Alderman Harder said he agrees with Alderman Fleming.

Alderman Finley said that people should be reminded to remove standing water from their yards, gutters, etc. Everyone should do their part, not just the city.

Snow storm – No street parking: Alderman Fleming suggested that perhaps the message boards could be used to alert residents of the no street parking during a snow storm. City Engineer Gary Kramer said that the message board signs would have to be located where plowed snow will not damage the signs.

Adjourn: A motion was made by Alderman Fleming and seconded by Alderman Terbrock to adjourn. The motion passed unanimously and the meeting was adjourned at 8:17 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC