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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

MINUTES
CAPITAL BUDGET WORK SESSION - 2008
October 22, 2007
 
 
The meeting was called to order by Mayor Young at 5:35 p.m. in the Board room at the Donald “Red” Loehr Police and Court Center at 300 Park Drive. The meeting was open to the public and notice was posted in the 24-hour lobby of Ballwin Police Department, the Government Center, and The Pointe on the Friday preceding the meeting. 
 
Those in attendance were Mayor Young, Aldermen Pogue, Terbrock, Buermann, Suozzi, Robinson, Fleming, Lembke and Kerlagon. Also in attendance were City Administrator Kuntz, Assistant City Administrator Aiken, Finance Officer Loehr, Director of Parks and Recreation Bruer, Public Works Director Kramer, Police Chief Biederman and City Attorney Jones.
 
 
Public Works Capital Budget: Public Works Director/City Engineer Kramer presented the Public Works Department budget proposal for 2008. The presentation included: Holloway culvert evaluation, city-wide roadway assessment, engineering on Debula Drive, fourth phase of Kehrs Mill curb and gutter replacement, list of streets proposed for work, some infill sidewalk from sidewalk fund, two trucks – one large and one small.
 
City Administrator Kuntz said more funds are needed in 2008 than in 2007 for street work. There will be no complete replacements. There will be more milling and overlaying. He said this is not as good as complete replacement, but it stretches the dollars.
 
 
Police Department Capital Budget: Police Chief Biederman said the Police Department budget mostly boils down to the replacement of vehicles. There will be two fewer vehicles purchased than in 2007.
 
 
City Administrator Kuntz said the concentration in 2008 will be on streets and necessary equipment. 
 
Alderman Kerlagon had no questions.
 
Alderman Lembke asked about the status of the city limits signs. He said that people do not know where the city begins and ends. City Administrator Kuntz said the plan is to complete the no-outlet sign program. There are no plans to erect city limit signs at this time. He said the concentration was on city facilities in 2007. Alderman Lembke said this would be part of a branding of the City. It might help in getting people to vote for new revenue. City Administrator Kuntz said this can be reviewed, but it will be expensive.
 
Alderman Robinson had no questions.
 
Alderman Fleming asked what is coming in the future that will have to be done soon. Police Chief Biederman said that a storage garage for equipment is needed, a larger sally port, Segway transport units, new firearms, an emergency operations trailer, and technology. 
 
City Engineer Kramer said that the Public Works Department is in need of truck replacements, a shelter for vehicles, a retaining wall in the maintenance yard, a sweeper, and Kehrs Mill resurfacing.
 
Alderman Suozzi said that Oakwood Farms Drive is in bad shape. She asked what the cost of this project will be. City Administrator Kuntz said staff will investigate the cost. He said that ranking is based on the PCI score and cost. He said that with the ward-based approach, large projects are difficult. There will always be trade offs. 
 
Alderman Buermann asked if Ballwin should use the new PCI vendor. City Engineer Kramer said yes.
 
Alderman Pogue asked if the line item could be added for the solar crosswalk on New Ballwin Road. 
 
Mayor Young asked can New Ballwin, near Manchester, be repaired. City Engineer Kramer said that this can be done as a maintenance item. Alderman Pogue agreed.
 
Alderman Pogue asked can Ballwin use the micropaver software more fully. City Engineer Kramer said yes. There is more money in the Operating budget to do this. Alderman Pogue asked if Ballwin can do this with its own people. City Engineer Kramer said this requires training. He does not know yet what all Ballwin might be able to do.
 
Alderman Buermann said that he does not believe that the street sweeper company used in 2007 should be used again in 2008. City Engineer Kramer said that sweeping is a requirement of the Federal Clean Water regulations. City Administrator Kuntz said that contractual sweeping always seems to generate complaints.
 
Alderman Fleming asked what revenue losses or major cost increases are foreseen in the future. Police Chief Biederman said the big issue in the Police Department is the Manchester Dispatching contract. City Engineer Kramer said that petroleum based products will be an issue as prices increase. 
 
City Administrator Kuntz asked if the Board has any concerns or changes for the street lists. Alderman Fleming said he would like to take some of the remaining time to evaluate the recommended roadways before he commits to a final list.
 
Mayor Young asked if fewer trucks and snow plowing might be possible. Ballwin does so much better than the surrounding cities. City Administrator Kuntz said this would definitely impact the operating budget. He suggested having a discussion about the City’s service provision philosophy at a retreat of the Board after the first of the year.
 
Alderman Buermann asked if a combined storage facility could be built that would serve both Public Works and Police together. He asked if this could be a single bid for two projects. City Administrator Kuntz stated that the geography of Vlasis Park makes this difficult.
 
 
Adjourn: The Capital Budget Work Session adjourned at 6:40 p.m.
 
 
 
                                                                                                ______________________________
                                                                                                Walter S. Young, Mayor
ATTEST:
 
 
____________________________________
Robert A. Kuntz, City Administrator
 
THA:MC

Meeting Minutes

MINUTES
CAPITAL BUDGET WORK SESSION - 2008
October 22, 2007
 
 
The meeting was called to order by Mayor Young at 5:35 p.m. in the Board room at the Donald “Red” Loehr Police and Court Center at 300 Park Drive. The meeting was open to the public and notice was posted in the 24-hour lobby of Ballwin Police Department, the Government Center, and The Pointe on the Friday preceding the meeting. 
 
Those in attendance were Mayor Young, Aldermen Pogue, Terbrock, Buermann, Suozzi, Robinson, Fleming, Lembke and Kerlagon. Also in attendance were City Administrator Kuntz, Assistant City Administrator Aiken, Finance Officer Loehr, Director of Parks and Recreation Bruer, Public Works Director Kramer, Police Chief Biederman and City Attorney Jones.
 
 
Public Works Capital Budget: Public Works Director/City Engineer Kramer presented the Public Works Department budget proposal for 2008. The presentation included: Holloway culvert evaluation, city-wide roadway assessment, engineering on Debula Drive, fourth phase of Kehrs Mill curb and gutter replacement, list of streets proposed for work, some infill sidewalk from sidewalk fund, two trucks – one large and one small.
 
City Administrator Kuntz said more funds are needed in 2008 than in 2007 for street work. There will be no complete replacements. There will be more milling and overlaying. He said this is not as good as complete replacement, but it stretches the dollars.
 
 
Police Department Capital Budget: Police Chief Biederman said the Police Department budget mostly boils down to the replacement of vehicles. There will be two fewer vehicles purchased than in 2007.
 
 
City Administrator Kuntz said the concentration in 2008 will be on streets and necessary equipment. 
 
Alderman Kerlagon had no questions.
 
Alderman Lembke asked about the status of the city limits signs. He said that people do not know where the city begins and ends. City Administrator Kuntz said the plan is to complete the no-outlet sign program. There are no plans to erect city limit signs at this time. He said the concentration was on city facilities in 2007. Alderman Lembke said this would be part of a branding of the City. It might help in getting people to vote for new revenue. City Administrator Kuntz said this can be reviewed, but it will be expensive.
 
Alderman Robinson had no questions.
 
Alderman Fleming asked what is coming in the future that will have to be done soon. Police Chief Biederman said that a storage garage for equipment is needed, a larger sally port, Segway transport units, new firearms, an emergency operations trailer, and technology. 
 
City Engineer Kramer said that the Public Works Department is in need of truck replacements, a shelter for vehicles, a retaining wall in the maintenance yard, a sweeper, and Kehrs Mill resurfacing.
 
Alderman Suozzi said that Oakwood Farms Drive is in bad shape. She asked what the cost of this project will be. City Administrator Kuntz said staff will investigate the cost. He said that ranking is based on the PCI score and cost. He said that with the ward-based approach, large projects are difficult. There will always be trade offs. 
 
Alderman Buermann asked if Ballwin should use the new PCI vendor. City Engineer Kramer said yes.
 
Alderman Pogue asked if the line item could be added for the solar crosswalk on New Ballwin Road. 
 
Mayor Young asked can New Ballwin, near Manchester, be repaired. City Engineer Kramer said that this can be done as a maintenance item. Alderman Pogue agreed.
 
Alderman Pogue asked can Ballwin use the micropaver software more fully. City Engineer Kramer said yes. There is more money in the Operating budget to do this. Alderman Pogue asked if Ballwin can do this with its own people. City Engineer Kramer said this requires training. He does not know yet what all Ballwin might be able to do.
 
Alderman Buermann said that he does not believe that the street sweeper company used in 2007 should be used again in 2008. City Engineer Kramer said that sweeping is a requirement of the Federal Clean Water regulations. City Administrator Kuntz said that contractual sweeping always seems to generate complaints.
 
Alderman Fleming asked what revenue losses or major cost increases are foreseen in the future. Police Chief Biederman said the big issue in the Police Department is the Manchester Dispatching contract. City Engineer Kramer said that petroleum based products will be an issue as prices increase. 
 
City Administrator Kuntz asked if the Board has any concerns or changes for the street lists. Alderman Fleming said he would like to take some of the remaining time to evaluate the recommended roadways before he commits to a final list.
 
Mayor Young asked if fewer trucks and snow plowing might be possible. Ballwin does so much better than the surrounding cities. City Administrator Kuntz said this would definitely impact the operating budget. He suggested having a discussion about the City’s service provision philosophy at a retreat of the Board after the first of the year.
 
Alderman Buermann asked if a combined storage facility could be built that would serve both Public Works and Police together. He asked if this could be a single bid for two projects. City Administrator Kuntz stated that the geography of Vlasis Park makes this difficult.
 
 
Adjourn: The Capital Budget Work Session adjourned at 6:40 p.m.
 
 
 
                                                                                                ______________________________
                                                                                                Walter S. Young, Mayor
ATTEST:
 
 
____________________________________
Robert A. Kuntz, City Administrator
 
THA:MC



 
MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
 
October 22, 2007
______________________________________________________________________________
 
The meeting was called to order by Mayor Young at 7:00 p.m.
 
             PRESENT
         ABSENT
Mayor Walt Young
 
Alderman Tim Pogue
 
Alderman James Terbrock
 
Alderman Ken Buermann
 
Alderman Jane Suozzi
 
Alderman Jim 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 October 8, 2007 Capital Budget Work Session and Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion passed.
 
PENDING ISSUES
 
CITIZEN COMMENTS
 
Nancy Koester, 715 Dartmouth Bend Ct., Wildwood, Mo. 63011:   Mrs. Koester said she was involved in a car accident at Manchester and New Ballwin Road. She thanked Alderman Ray Lembke because he was the first person on the scene of the accident, he assessed her injuries, calmed her fears, and called for an ambulance and her husband. He stayed with her until the ambulance arrived. She said Alderman Lembke was a lifesaver to her in her moment of need, a kindness for which she and her family will be forever thankful. 
 
Mrs. Koester raised concern about traffic at the intersection of Manchester and New Ballwin. She said there is a high accident rate at this location and some other intersections in Ballwin. She asked that special attention be given to fix the traffic problems in these areas and suggested the following: 1) Left turn yield on green should not be allowed when crossing more than one lane of traffic. 2) Allow left-turn-only signals when there is more than one lane to cross; 3) Install red light cameras at the dangerous intersections; 4) Lobby the County and State until something is done if it is not in the jurisdiction of Ballwin. 
 
 
PUBLIC HEARINGS
None.
 
NEW BUSINESS
 
LEGISLATION
 
BILL # 3498 - AN ORDINANCE PROVIDING FOR A SALES TAX IN THE AMOUNT OF ONE-FOURTH OF ONE PERCENT AND CALLING AN ELECTION ON SUCH TAX TO BE HELD ON APRIL 8, 2008.
 
A motion was made by Alderman Buermann and seconded by Alderman Suozzi to table this legislation until after the budget planning process. A voice vote was taken with a unanimous affirmative result and the motion passed. 
 
 
BILL # 3499 - AN ORDINANCE GRANTING A DEVELOPMENT PLAN AMENDMENT TO THE SPECIAL USE EXCEPTION FOR GREENBERG DEVELOPMENT CO. AT 15505 MANCHESTER ROAD.
 
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3499.   A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3499 was read for the first time.
 
A motion was made by Alderman Buermann and seconded by Alderman Pogue for a second reading of Bill No. 3499. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3499 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 is absent.
 
A roll call was taken for passage and approval of Bill No. 3499 with the following results: 
Ayes – Suozzi, Lembke, Fleming, Buermann, Pogue, Kerlagon, Terbrock, Robinson.    Nays – None.   Bill No. 3499 was approved and became Ordinance No. 07-32
 
 
BILL # 3500 - AN ORDINANCE ACCEPTING ALL TERMS AND PROVISIONS OF THE SETTLEMENT AGREEMENT WITH VERIZON WIRELESS RELATIVE TO MUNICIPAL TAXES.
 
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3500.   A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3500 was read for the first time.
 
Alderman Robinson asked if the bill contains the 5% donation by cities of the proceeds towards a fund to be used by the League. City Attorney Jones said language to this effect is not included in Bill 3500. He said if this is to be included in the authorization legislation, it should be included in the bill adopting the settlement. The bill can be amended. Alderman Robinson asked if acceptance is recommended. City Attorney Jones said he recommends that the settlement be accepted. The contribution to the fund is 5% of the settlement not of future taxes. He does not have a recommendation on the League’s suggestion. He said that Verizon is not going to pay the City’s legal fees. City Administrator Kuntz said that they are settling with the legal fees that were incurred by the member cities in conjunction with the actions that were formally taken. City Attorney Jones said that none of the back taxes or amounts paid in protest will be used to pay attorney fees. He said that $69,975.45 is part of the settlement and the monies that have been paid under protest. They are asking for 5% of this amount. 
 
A motion was made by Alderman Lembke and seconded by Alderman Robinson to amend the settlement legislation to contribute 5% of the settlement towards the Municipal League’s future lobbying campaign. A voice vote was taken with the following result: Ayes – Suozzi, Lembke, Fleming, Pogue, Kerlagon, Terbrock, Robinson.    Nays – Buermann. The motion to amend Bill 3500 passed by a vote of 7-1.
 
A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3500, as amended. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3500 was read for the second time.
 
A roll call was taken for passage and approval of Bill No. 3500 with the following results: 
Ayes – Lembke, Fleming, Pogue, Robinson, Terbrock, Suozzi, Kerlagon.    Nays – Buermann. Bill No. 3500 was approved by a vote of 7-1 and became Ordinance No. 07-33.
 
City Attorney Jones clarified that there will be a new section added to amend Ordinance 07-33 that 5% of the past tax payment of $69,975.45 shall be assigned to the St. Louis County Municipal League. 
 
 
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.
Future Meeting (Cancel the December 24 Board Meeting)
B.
Real Estate Policy (City purchasing real estate)
C.
Counter Tops (at The Pointe)
 
City Administrator Kuntz requested that Item C, Counter Tops, be removed from the entire agenda to be re-bid to attempt to get a more competitive price. 
 
A motion was made by Alderman Pogue and seconded by Alderman Terbrock to remove Item C, Counter Tops, from the Consent Items and the agenda, and re-bid. A voice vote was taken with a unanimous affirmative result and the motion passed.
 
A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to accept Consent Items A and B. A voice vote was taken with a unanimous affirmative result and the motion passed.
 
 
MAYOR’S REPORT
 
Evaluations: Mayor Young suggested that the performance review of the City Administrator be conducted on November 26 in Closed Session after the Board meeting. The Board agreed. There will be a format to follow for this review.
 
Mayor Young said the Board previously agreed that reviews of the City Attorney, Prosecutor and Municipal Judge be done in the first quarter of 2008. Alderman Robinson said he would like to have a report from the Municipal Judge and Prosecutor presenting the state of their jobs prior to their review. City Administrator Kuntz suggested a written report be submitted to the Board prior to the December 10 Board meeting from the Municipal Judge and Prosecutor, and allow for a presentation in January, 2008. The Board agreed.
 
Signs: Mayor Young suggested re-thinking the rules regarding signs for new businesses. He said that a banner advertising a new business needs 90 or 120 days to let people know that they are in business. Presently, the banner can only be up for 30 days and down for 45 days before it can be put up again. He said that new businesses feel that this is insufficient in starting their business. 
 
MSD and METRO LINK: Mayor Young said that each is proposing issues on the February ballot. He said that if this is approved, the average MSD bill will increase from approximately $22 per month to $25 per month. Within 5 – 6 years, the average bill will be approximately $60 per month. This will also include the new user fee regarding runoff water. MSD has taken aerial views and knows how much impervious surface is on every parcel.  
 
Development Summit: Mayor Young said that the Development Summit will be held on November 2 at The Pointe. 
 
Closed Session: Mayor Young said that City Attorney Jones has requested a Closed Session following this meeting regarding litigation.
 
 
CITY ADMINISTRATOR’S REPORT
 
Cherry Hill Sign: City Administrator Kuntz said this is an entry monument sign that is in the public right-of-way and needs to be relocated due to the MoDOT reconstruction of Clayton Road. Per the new policy, this requires aldermanic approval. 
 
A motion was made by Alderman Suozzi and seconded by Alderman Pogue to relocate the Cherry Hill Subdivision monument as proposed in the correspondence. A voice vote was taken with a unanimous affirmative result and the motion passed.
 
 
Pavilion Rentals: City Administrator Kuntz said Director of Parks and Recreation Bruer believes that the pavilion rental fees are in need of an adjustment to reflect current market conditions and demand. A proposed schedule of fees has been provided to the Board. 
 
Alderman Lembke asked how the more stringent resident verification requirement will be implemented. Director of Parks and Recreation Bruer said that the ordinance doesn’t state who receives the resident privilege, a property owner but not living in Ballwin, or someone actually living in Ballwin. She said this has always been interpreted such that the person residing in the City receives the resident rate. This is not clearly stated in the ordinance. She requested that this clarification be added to the ordinance.
 
Alderman Robinson asked about using a paid utility bill for proof of residency. Alderman Lembke explained that utility bills contains the name and address on the top half that gets sent in with the payment. The bottom half, which serves as a receipt, does not. Therefore, the paid receipt portion cannot be used as residency. 
 
Alderman Terbrock asked about military personnel getting a reduced rate. City Administrator Kuntz said the Police applies to active military and was specific to the military call up for Iraq. 
 
A motion was made by Alderman Lembke and seconded by Alderman Kerlagon to draft legislation for consideration. A voice vote was taken with a unanimous affirmative result and the motion passed.
 
 
Work Session: City Administrator Kuntz said that the 2008 Operating Budget Work Session will be held on November 12, at 5:00 p.m. in the Board room. The meeting is open to the public. 
 
 
CITY ATTORNEY’S REPORT
None.
 
 
 
ALDERMANIC COMMENTS
 
Alderman Terbrock asked about the status of the Taylor-Morley properties under construction in Ballwin. City Engineer Kramer said regarding Magnolia Trace, he was told that Taylor-Morley is negotiating for more money from the bank. At this time, they only have financing for the houses but not the site work. He said that Ballwin will be notified if there is a change of ownership. He noted that Ballwin has already demanded and received the funds to complete Victoria Crossing.
 
Alderman Pogue mentioned the Police Department’s recognition from the Missouri Highway Patrol in the Criminal Records Division. 
 
 
Closed Session:
A motion was made by Alderman Buermann and seconded by Alderman Lembke to adjourn to closed session to discuss potential litigation. 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 7:52 p.m.
 
The Board convened in closed session at 7:55 p.m.
 
A motion was made by Alderman Pogue and seconded by Alderman Lembke to adjourn the closed session. A roll call vote was taken with a unanimous result, and the closed session was adjourned at 8:07 p.m.
 
The Board reconvened in open session at 8:10 p.m.
 
Mayor Young announced that the Board met in closed session to discuss litigation. No votes were taken.
 
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 8:12 p.m.
 
 
 
                                                                                                ______________________________
                                                                                                Walter S. Young, Mayor
ATTEST:
 
____________________________________
Robert A. Kuntz, City Administrator
 
MC