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 - Complete
The Ballwin Board of Aldermen Public Health & Safety Committee will meet at 6:15 p.m. on Monday, August 24, prior to the Board meeting at the Donald “Red” Loehr Police and Court Center at 300 Park Drive, to discuss mosquito spraying. No official action will be taken at this meeting.
This meeting and all other meetings are open to the public and the building is handicapped accessible.
Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation. If you are a person requiring an accommodation, please call (636) 227-8580 (V) or (636) 527-9200 (TDD) or 1-800-735-2966 (Relay Missouri) no later than 5:00 P.M. on the third business day preceding the hearing. Offices are open between 8:00 A.M. and 5:00 P.M. Monday through Friday.
CITY OF BALLWIN BOARD OF ALDERMEN MEETING
1. Call to Order
BOARD OF ALDERMEN MEETING BRIEFS
If you wish to address the Board during this meeting, please fill out the “Citizen Comments: To Address the Board of Aldermen” form and place it in the tray on the table in the center of the Board Room before the meeting begins. Topics of a global nature, such as requests for ballot initiative endorsements, should be submitted in writing to the City Clerk at 14811 Manchester Road.
Please limit your comments to 3 minutes as an individual and 5 minutes representing a group. Please avoid repeating comments others have already made.
PROPERTY TAX RATE
ENTERTAINMENT S.U.E. FOR CANDICCI’S RESTAURANT (Bill # 3582)
DEFINITION OF FAMILY
HAZARD MITIGATION PLAN (Resolution)
SALT It is recommended that we purchase 1,450 tons of salt from the low bidder, Morton, at a total price of $80,170.50 (including delivery).
GOVERNMENT CENTER PAINTING It is recommended that the low bid from Bazan be accepted in the amount of $9,840.
NEW LIQUOR LICENSE The new Schnucks, on the corner of Kehrs Mill at Clarkson, has applied for a package license with Sunday sales. Direction, by motion, is recommended.
LIQUOR LICENSE CHANGE In the interest of conforming to current State statute, it is recommended that we change all of our Sunday sales to 9:00 a.m. This requires legislative action.
CLOSED SESSION Mayor Pogue would like to discuss a personnel issue after all other agenda items have been resolved.
LIGHTING CONVERSION PLAN As a result of further research, which was not initially available, it has been determined that direct purchase can be made at a cost which is lower than the $5,000 formal bid threshold. It is intended that these fixtures be purchased from Lighting Resources who submitted the lowest quote of $3,548.45 with installation by city personnel.
DOUBLE FINE ZONES As directed by Board policy, we conducted a comprehensive analysis on all streets which were designated for double fine enforcement. It is recommended that 14 of these streets be eliminated from the schedule.
2010 BUDGET It is proposed that the first budget workshop be conducted at 6:00 p.m. on September 14.
PARK SIGNS Formal bids were advertised and solicited for our 2 remaining park entrance monument signs. Only 1 bid was received because the market is limited for our standardized template. Although this bid is $400 over budget, (with staff installation) approval, by motion, is recommended.
SURPLUS PROPERTY – PARKS TRUCK The 2009 budget calls for replacement of a 1996 one-ton truck with a 1½ ton truck. Approval to dispose of this surplus property is requested.
PENDING LITIGATION City Attorney Jones will provide an update on the status of a lawsuit which was filed against the City.
MINUTES OF THE BOARD OF ALDERMEN MEETING
The meeting was called to order by Mayor Pogue at 7:05 p.m.
The Pledge of Allegiance was given.
The Minutes of the July 27 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Suozzi and seconded by Alderman Mellow to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion passed.
BILL # 3580 - AN ORDINANCE SETTING THE REAL ESTATE TAX RATE OF ZERO (0%) PERCENT IN THE CITY OF BALLWIN FOR THE FISCAL PERIOD BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009.
This legislation received a first reading at the July 27, 2009 meeting.
A motion was made by Alderman Suozzi and seconded by Alderman Fleming for a second reading of Bill No. 3580. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3580 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3580 with the following results:
Jane Cunningham, State Senator, expressed her availability to the Board to address their needs. She introduced Kit Crancer, District Director, and Chris Howard, District Liaison, to the City of Ballwin.
Walt Young, 634 Lemonwood Drive: Mr. Young said that subdivision information is hard to find on the website. He suggested that draft bills be included on the website with the aldermanic agendas. He asked about the new police information service called NIXLE. Police Chief Schicker said that this is a municipal service that is offered at no charge to municipal governments or to citizens. This web page offers the reverse 911 feature which allows for traffic alerts, urgent emergency alerts and public information to be distributed. Mr. Young asked what streets are recommended for removal from the double fine zones. City Administrator Kuntz said that there was a one-year review process, along with accident data collection and enforcement information. He said that if there is a change, it will be put on the website.
Ron Markland, 15908 Wetherburn Dr.: Mr. Markland raised the issue of the purchase of street light lamps violating the City’s purchasing policy. He said the Board approved a proposal to modify the city-owned street lighting without advertising for proposals and failure to obtain competitive bids, and the amount of the proposal exceeded that permitted by the Ballwin ordinances. Mr. Markland said that City Administrator Kuntz responded to his call and indicated that it was an error and the matter would be reversed. He was assured that a financial review would be made by Finance Officer Loehr. The review was made and Finance Officer Loehr said there were no other conflicts with the ordinances going back to January, 2009. He said there were proposals where once they were received, the low bidder was not awarded the project.
Mayor Pogue said that some of the bids were declined due to the contractor having violated State minimum wage laws. He noted that some of the information being presented by Mr. Markland is incorrect. City Attorney Jones said that the award of the street light lamps project will be reversed at this meeting. The Board’s understanding at the time of approval was that it was a professional service contract rather than a product purchase.
Alderman Suozzi said that City Engineer Kramer has provided a memorandum regarding the replacement of the lamps and ballasts in city-owned lights, showing four vendors with price information. The city has decided to do the labor part of the project and just buying the lamps and ballasts. Since the purchase is less than $5,000, a formal bid is not required.
City Attorney Jones said that the lowest and best bid is always what is chosen. A bid can be the lowest but not the best, and the city has the right to reject any and all bids. The lowest bidder may be rejected because he may not be fully equipped to do the job, or provide the best quality result.
Jim Nelson, 15460 Downall Green: Mr. Nelson said that the question wasn’t the lowest bid, but that there were no bids. He said he is still waiting for a response from the Mayor and City Attorney. City Attorney Jones said that he does not understand what Mr. Nelson is referring to.
Olivia Pieknik, 385 Walnut Point Ct.: Ms. Pieknik spoke in opposition to the $25 fee by Allied Waste to exchange the 65-gallon recycling carts with a smaller 30-gallon cart. She said she called Allied Waste about this and was unable to make any progress with her complaint. She said that senior citizens are being charged for something that they said they did not want in the beginning. She said this is not fair to seniors living on fixed incomes.
City Administrator Kuntz said that the city received a grant that paid for approximately 6,000 of the carts. Allied Waste said that as the hauler, they will pay the cost of the other 6,500 so that the whole city can get free recycling carts. It was bid out in the contract. To get the lowest price, it was necessary to bid one size of cart. Prior the carts, small bins were carried to the curb. These were also provided through a grant to everyone in the city. He said that 65-gallon carts is what is being used in almost all communities as the standard size. Allied is trying to control cost by automating their trucks to pickup the cart, dump the contents in the truck, and move on. He said he asked Allied that there might be some who object to the 65-gallon carts. Allied said that they will change the carts, but the smaller carts will have to be purchased. This could be done for the seniors because they were already getting a 10% discount on their trash bill. Allied offered the program on a limited basis just to seniors. The container being replaced must be sanitized to be used at another location, therefore, a one-time charge is necessary. Allied said the only way they would agree to replacing the 65-gallon carts would be if they could charge a one-time fee. Another option is that they don’t have to take a container at all and Allied will remove the 65-gallon cart.
Alderman McDowell asked that City Administrator Kuntz talk with Allied Waste again to see if they have a program for senior citizens for a better discount. City Administrator Kuntz said that seniors are currently receiving a 10% discount.
BILL # 3582 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO M&S MANAGEMENT CO. D/B/A CANDICCI’S RESTAURANT AND BAR FOR OPERATION OF A RESTAURANT WITH CARRY OUT, ALCOHOLIC BEVERAGES, AND ENTERTAINMENT.
A motion was made by Alderman Suozzi and seconded by Alderman Fleming for a first reading of Bill No. 3582. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3582 was read for the first time.
A motion was made by Alderman Mellow and seconded by Alderman Fleming for a second reading of Bill No. 3582. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3582 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. 3582 with the following results:
BILL # 3583 - AN ORDINANCE AMENDING CHAPTER 1, SECTION 1-2 WITH REGARD TO THE DEFINITION OF “FAMILY”.
A motion was made by Alderman Terbrock and seconded by Alderman Suozzi for a first reading of Bill No. 3583. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3583 was read for the first time.
Alderman Fleming asked for an explanation of the basis for updating this language. City Attorney Jones said that the City of Ballwin received a communication from the Metropolitan St. Louis Equal Housing Opportunity Council, which questioned the city’s definition of family as it was used in the housing code and the zoning code. The communication suggested that perhaps our definition was outdated and didn’t allow for some of the more modern living arrangements. Together with staff, we were able to assemble five or six different examples from other places in the St. Louis area and around the country. He said there are different living arrangements and definitions of family. The definition presented in Bill 3583 recognizes that there are people who live together as a household unit and perform family type functions without including rooming houses, fraternity houses, etc. that would be unacceptable under different zoning classifications. He said that this is the generally accepted wording that other surrounding communities are using at this time.
Alderman McDowell asked about persons related in the second degree, it doesn’t mean that they have to be married or physically related. City Attorney said yes. The second degree of consanguinity would be either children and grandchildren, or parents and grandparents. Alderman McDowell asked does this include individuals who are domestic partners, would this constitute a family. City Attorney Jones said it would in the second part of the definition of a group of four or fewer unrelated. City Administrator Kuntz said that this was changed several years ago in light of the Ladue case, as long as there’s four or less. City Attorney Jones said that this includes a group of four or fewer unrelated non-transient adults. This would allow that number of people even if they were not related within the second degree of consanguinity, as long as they shared a kitchen or had other types of activities that were similar to that of a family. Dormitories, etc. are excluded.
Alderman McDowell said that all dependents that are residing in a house that are 23 years of age or younger, individuals above that age are excluded. City Attorney Jones said this is correct and this is not a change in the definition.
Alderman Boerner said this ordinance appears to prohibit mother-in-law quarters that had a walk-out basement with a kitchenette. City Administrator Kuntz said that this is not prohibited because the related portion of the bill is met. The unrelated element is where the common kitchen requirement is necessary. The mother-in-law quarters is not being excluded by this legislation.
A motion was made by Alderman Boerner and seconded by Alderman Suozzi for a second reading of Bill No. 3583. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3583 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3583 with the following results:
A RESOLUTION OF SUPPORT AND PARTICIPATION IN THE ALL-HAZARD MITIGATION PLAN UPDATE.
A motion was made by Alderman Terbrock and seconded by Alderman Suozzi to adopt the Resolution. A voice vote was taken with a unanimous affirmative result and the motion passed.
BILL # 3584 - AN ORDINANCE AMENDING THE 2009 BUDGET OF CASH REVENUE AND CASH DISBURSEMENTS FOR THE REVENUE FUNDS OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, PROVIDING FOR EXPENDITURE REVISIONS IN ACCORDANCE WITH SAID BUDGET AND MAKING RE-APPROPRIATIONS THEREOF.
A motion was made by Alderman Terbrock and seconded by Alderman Suozzi for a first reading of Bill No. 3584. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3584 was read for the first time.
Alderman Fleming asked for an explanation of the necessity for the re-appropriation. Finance Officer Loehr said that this is commonly done each year at this time. She said that sales tax revenues are trending below budget estimates, $100,000 of the motor fuel tax needs to be moved from capital to operating to cover an unbudgeted $100,000 expenditure for crack sealing. The Government Center ramp project was budgeted in 2008 but was not completed until 2009. This had to be moved to the 2009 budget. She said that fitness equipment was purchased in a manner different than anticipated.. She said that overall, the operating budget revenues are increased by $95,209 and expenses are decreased by $233,787.
Alderman Boerner asked about the purchase of fitness equipment. Finance Officer Loehr said this was a lease and the bank that won the bid gave us the proceeds to actually pay the invoices for the equipment and then we must pay back the lease. She said this was an unbudgeted expense and an unbudgeted offsetting revenue that was not in the original budget.
A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a second reading of Bill No. 3584. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3584 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3584 with the following results:
City Administrator Kuntz removed Item B. Although the painting of the Government Center bid came in competitively and was advertised in the Dodge Reports, since we only got 2 bids, perhaps more competition could be obtained by rejecting these bids and requesting additional proposals.
A motion was made by Alderman McDowell and seconded by Alderman Suozzi to reject the painting bids. A voice vote was taken with a unanimous affirmative result and the motion passed.
Alderman McDowell requested that Item D be removed for further discussion.
A motion was made by Alderman Terbrock and seconded by Alderman Suozzi to accept the Consent Items A and C. A voice vote was taken with a unanimous affirmative result and the motion passed.
Closed Session: Mayor Pogue requested a closed session to discuss a personnel issue.
Board of Adjustment: Mayor Pogue said that a Ward 3 Alternate position still needs to be filled on the Board of Adjustment.
CITY ADMINISTRATOR’S REPORT
Lighting Conversion Plan: City Administrator Kuntz said this is a project to convert all of the city-owned parking lot light fixtures to more energy efficient lamps and ballasts. He recommended that the original bid be rejected because it did not meet minimum bid procedural standards.
A motion was made by Alderman Suozzi and seconded by Alderman McDowell to rescind the acceptance of the proposal that was awarded at the previous meeting regarding the street light conversion. A voice vote was taken with a unanimous affirmative result and the motion passed.
Double Fine Zones: City Administrator Kuntz said a year ago, after a comprehensive study was conducted, it was determined that certain streets would be designated double fine zones. Conditions would be monitored and the list re-evaluated on an annual basis. He asked if the list should be modified.
Mayor Pogue asked that Cleta remain on the list because of increased traffic due to the construction on Big Bend. Alderman Fleming said that he is in favor of leaving the list as it is because the double fine may be what is keeping the speed low on those streets. He said that residents on those streets have not requested that it be changed.
A motion was made by Alderman Fleming and seconded by Alderman Terbrock to maintain the current list for double fine zones. A voice vote was taken with a unanimous affirmative vote and the motion passed. Alderman Leahy abstained from the vote.
Henry Road: City Administrator Kuntz said a study was made by the police and public works departments. It is the recommendation that the speed limit on the Ballwin portion of the roadway be reduced to 30 miles per hour. He recommended that conditions be monitored following the speed reduction before soliciting bids to scarify the surface at certain locations.
A motion was made by Alderman Fleming and seconded by Alderman Terbrock to draft legislation to change the speed limit to 30 miles per hour and enable staff to fully implement the recommendations in the memo. A voice vote was taken with a unanimous affirmative result and the motion passed.
2010 Budget: City Administrator Kuntz suggested the Board meet at 6:00 p.m. on September 14 for discussions on the 2010 budget. The Board agreed.
Park Signs: City Administrator Kuntz said there are two remaining park entrance monument signs. Over the past 3 years, all such city signs have been converted to monument or message monument signs. Formal bids were solicited and one bid was received. It is $400 over budget with staff installation. He said he does not believe that a re-bid will give a competitive scenario, nor a reduced cost. This will complete the sign program.
Alderman Suozzi asked if this is consistent with amounts paid previously for similar signs. Parks Director Bruer said yes. More than one bid was received for the initial sign plan.
Alderman Fleming believes that the existing signs are acceptable and don’t need updating at this time at Ferris Park and New Ballwin Park. This cost saving of $5,900 could allow in the future for message board signs at the Golf Course and Government Center on Manchester Road for possible emergency information.
A motion was made by Alderman McDowell and seconded by Alderman Schmer to reject the bids and not upgrade these two signs at this time. A voice vote was taken with a unanimous affirmative result and the motion passed.
Surplus Property: City Administrator Kuntz said the city’s policy is to dispose of most of the surplus property on a website called Gov Deals. This has been far more successful than the previous auction process. The parks truck was replaced with a larger unit so that it could do chipping, plowing, etc. He said the replaced truck could be put on the Gov Deals auction and be sold for over $5,000. He asked for approval to accept the highest bid via Gov Deals. He also requested that the policy be amended for the auction sales to be increased to $10,000 because an auction is a 7-day event. With the highest bid, this is a contract. This has become standard process with many cities and is less cumbersome than hiring an auctioneer for a surplus property sale and then dealing with the items that didn’t sell.
A motion was made by Alderman Terbrock and seconded by Alderman Mellow to sell the truck on Gov Deals. A voice vote was taken with a unanimous affirmative result and the motion passed.
A motion was made by Alderman Mellow and seconded by Alderman Boerner to increase the limit to $10,000 for auction items. A voice vote was taken with a unanimous affirmative result and the motion passed.
Liquor Licensing Change: City Administrator Kuntz said that the State statute set the time for Sunday liquor sales for amusement facilities, picnic, and restaurant/bar at 9:00 a.m., the same as package liquor sales. Several surrounding cities amended their ordinances to 9:00 a.m. Alderman McDowell asked if the Ballwin ordinance must be changed to match the State. City Attorney Jones said that it does not have to be changed and can be more restrictive. Alderman McDowell expressed his opposition to changing the time from 11:00 a.m. to 9:00 a.m.
A motion was made by Alderman McDowell and seconded by Alderman Suozzi (for discussion) to leave the starting time at 11:00 a.m. on Sunday.
Alderman Leahy said that this is a personal responsibility issue. He believes that 9:00 a.m. is an acceptable time. He said it is by individual choice when to have a drink.
Alderman Fleming said that a municipality is an entity created by the State. This is to more closely align with the State policy. Aligning with the State policy makes it less confusing and he doesn’t mind making the change to 9:00 a.m.
Alderman Terbrock asked what will happen if we are challenged if the starting remains at 11:00 a.m. City Attorney Jones said that the challenge would be unsuccessful because a municipality has the right to be more restrictive.
Alderman McDowell said that we are representing a community. Just because the State hands down a policy to allow early liquor sales for a revenue basis, that doesn’t mean it has to be followed. He said that 11:00 a.m. is a decent time for someone to start drinking on a Sunday. He said that Ballwin has some distinct characteristics and features that are recognized as a community, and drinking at 11:00 a.m. on Sunday is good enough.
Alderman Schmer said that this legislation is not about drinking liquor at a certain time. He said this is about buying liquor at a certain time. He said he agrees with Alderman Leahy that this is a personal responsibility issue.
A voice vote was taken to leave the ordinance as it stands which is 11:00 a.m. Aye: McDowell. Nay: Fleming, Mellow, Schmer, Terbrock, Boerner, Suozzi, Leahy. The motion was defeated by a vote of 7-1.
A motion was made by Alderman Leahy and seconded by Alderman Schmer to prepare draft legislation to adopt the State standard to allow liquor sales at 9:00 a.m. on Sunday. A voice vote was taken with the following result: Aye: Fleming, Mellow, Schmer, Terbrock, Boerner, Suozzi, Leahy. Nay: McDowell. The motion passed by a vote of 7-1.
CITY ATTORNEY’S REPORT
Pending Litigation: City Attorney Jones requested a closed session to discuss pending litigation.
Historical Structure Committee: Alderman Fleming said he was asked earlier in the year to participate on this committee. He does not have a report at this time due to health issues. The log cabin and school house has been inspected. He said there are limited options and the expense should not be great.
Public Health & Safety Committee: Chairman Suozzi reported that the Public Health & Safety Committee met at 6:15 p.m. on this date, to discuss the current mosquito spraying program. She said the committee voted to recommend that we explore entering into a contract for this service. She believes that only one bid will be received because there is only one entity who performs this service. Alderman Leahy suggested keeping the service in-house and cutting the service in half. This will cost less than contracting with St. Louis County. Alderman Schmer said that if the cost will be a quarter of $19,000, the cost to Ballwin will be approximately $4,800. This is half of what St. Louis County is asking.
A motion was made by Alderman Suozzi and seconded by Alderman Schmer to adjourn the closed session. A roll call vote was taken with a unanimous result, and the closed session was adjourned at 9:26 p.m.
The Board reconvened in open session at 9:27 p.m.
Mayor Pogue stated that the Board met in closed session to discuss potential litigation and personnel.
A motion was made by Aldermen McDowell and seconded by Alderman Schmer to repeal the funeral protest ordinance. A voice vote was taken with a unanimous affirmative result and the motion passed. Alderman McDowell stated that if the Board passes this repeal legislation at the next meeting, it will be done with a heavy heart and sympathy.
A motion was made by Alderman Suozzi and seconded by Alderman Fleming to appoint Virginia Nye to the position of Municipal Judge. A voice vote was taken with a unanimous affirmative result and the motion passed.
A motion was made by Alderman Terbrock and seconded by Alderman Schmer to appoint Don Anderson as Provisional Judge. A voice vote was taken and approved by a 7-0 vote. Alderman Fleming abstained from the vote. The motion passed.
A motion was made by Alderman Leahy and seconded by Alderman Schmer to accept the resignation of Prosecutor Dick Fox. A voice vote was taken with a unanimous affirmative result and the motion passed.
A motion was made by Alderman Suozzi and seconded by Alderman Fleming to appoint Keith Cheung as Interim Prosecuting Attorney. A voice vote was taken with a unanimous affirmative result and the motion passed.
A motion was made by Alderman Suozzi and seconded by Alderman Terbrock to appoint Keith Cheung as Prosecuting Attorney to a 2-year term. A voice vote was taken with the following result: Aye: Terbrock, Suozzi, Schmer, Fleming, Leahy, Mellow. Nay: McDowell, Boerner. The motion passed by a vote of 6-2.
Adjourn: A motion was made by Alderman Suozzi and seconded by Alderman Fleming to adjourn the open session. The motion passed unanimously and the meeting was adjourned at 9:38 p.m.
TIM POGUE, MAYOR