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 and Parks and Recreation Committee Meeting - Complete
City of Ballwin Board of Aldermen Meeting Agenda and Briefs
The Ballwin Board of Aldermen Parks & Recreation Committee will meet at 6:15 p.m. on Monday, August 27, 2007, prior to the Board meeting at the Donald “Red” Loehr Police and Court Center at 300 Park Drive. The topic of discussion will be stump grinding. No official action will be taken during this meeting.
This meeting and all other meetings are open to the public and the building is handicapped accessible.
Robert Kuntz, City Administrator
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.
1. Call to Order
7. Citizen Comments
9. Legislation Next Ordinance # 07-22
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, the audience, 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.
If you wish to address the Board during this meeting, please fill out the “Request 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. You will be called to the podium to address the Board at the appropriate time.
If the topic for discussion relates to an advertised public hearing, we ask that you hold your comments until after the presentation has been made. At that time, the Mayor will call upon those who wish to speak in favor of the proposal, followed by those who wish to speak in opposition.
Thank you for your cooperation.
PRESENTATION – Street Assessment
2007 PROPERTY TAX RATE (Bill # 3484)
ELCO CHEVROLET (Bill # 3488)
OUTDOOR STORAGE (Bill # 3489)
AT&T EASEMENT (Bill # 3490)
COMPREHENSIVE PLAN (Resolution)
THE POINTE AT BALLWIN COMMONS LOBBY FURNITURE
PARKING LOT SEALER
JAYCEE LIQUOR LICENSE
100 HOLLOWAY ROAD – S.U.E. TRANSFER AND LIQUOR LICENSE
PLANNING & ZONING APPOINTMENT
CELL PHONE LITIGATION
MINUTES of the August 27, 2007 BOARD OF ALDERMEN MEETING
The meeting was called to order by Mayor Young at 7:03 p.m.
The Pledge of Allegiance was given.
The Minutes of the July 23, 2007 Board of Aldermen meeting and Public Works Committee meeting, contained within the Board Meeting Minutes on Page 6 were submitted for approval. A motion was made by Alderman Buermann and seconded by Alderman Lembke to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion passed.
Street Assessments: Mark Payken, from Payken Consulting, uses the Micro Paver Pavement Management System computer software for street analysis. He said a new street would receive 100 points. Deteriorating streets would have points that are deducted from 100. This program was originally developed by the Corps of Engineers for the Department of Defense and was used at military bases and air fields for 30 years.
Mr. Payken said if maintenance is done too early, money is spent unnecessarily. If the maintenance is done too late, full benefit of the maintenance dollar is lost. This is an excellent program for planning and budgeting to forecast into the future what the condition of the streets will be.
Mr. Payken said pavements are divided up according to length and width, curb type, right-of-way, cul-de-sac dimensions, traffic, etc. He said that alligator cracking is a sub-base failure. With asphalt, the continual loading of the pavement causes it to break up into little pieces. This is typically 0-30 on the PCI score, which is very poor. He said the chief cause of deterioration is fatigue of the pavement due to a lot of heavy vehicle loads and a short life span. Heavy overlay is 3 inches or more, light overlay is 1-2 inches. A cape seal is a chip & seal with a micro-surfacing layer on top of it. There isn’t as much rock loss. It costs more because this requires two surface treatments.
Mr. Payken said that prediction modeling allows for a look at the streets and forecast 5 years ahead. It’s important that there are enough inspections to provide accurate data for the program. After the prediction modeling, condition analysis looks for trends, why certain streets are falling apart, and allows for adjustments in the maintenance policies.
He said that Ballwin overall has a score of 70. He said that waiting for some of the street repairs will cost more in the future. The program looks at how the maintenance policy is progressing into the future and if the plans are working or adjustments need to be made.
Mr. Payken said the creation of a multi-year capital improvement program of 3-5 years is realistic. The funding level to maintain the current PCI can be calculated. He will present a report to the Board. He said 10 meetings is included in the cost of his proposal, which can include resident groups, subdivisions, or the Public Works Committee.
Alderman Fleming asked what was Mr. Payken’s experience in using interns in the City of Crestwood to do the inspections for the prediction modeling. Mr. Payken said he trained the interns for two week and he did the data input to assure accuracy. He said that each summer, he and the street superintendent inspected the streets at the end of the inspection cycle to determine the current score for comparison. The micropaver system does not inspect the entire street. It looks at a statistical sample. With asphalt, 100 feet for every 500 feet is inspected.
Alderman Fleming asked if Ballwin is currently using an appropriate blend for repairs. Mr. Payken said that at this time, he does not know because he has not made a city-wide street inspection. Crestwood did not break up the funding by wards. Crestwood has 50 miles of streets. The average PCI was 70. In 1952, the score was 54. If they had not instituted their street program when they did, Crestwood’s score would have been a 40. The score went from 40 to 70 in eight years and they spent approximately $10 million during that period.
Mr. Payken said that City Engineer Kramer said that there are about 115 miles of streets in Ballwin. His calculations show that the present network is between $75 million and $100 million. He said that 3% of this will give a 30-year pavement. It would cost $2 million to $3 million to maintain the current streets. If the repairs are capped at $1 million, the numbers will slide over time.
Mr. Payken said that the study gives city officials some concrete objective information to use to talk to the citizens of Ballwin. If people understand the issues, they will support the city.
Alderman Fleming said that this program gives an idea of future expenses and data for consideration and planning. Mr. Payken recommended that the inspections should be done every year.
Alderman Robinson asked why spend money on annual inspections if you know the money isn’t there to do the recommended work? Mr. Payken asked how do you go to the voters and ask for help if you don’t have the data for backup?
Alderman Lembke asked if someone else graded the streets consistently high, does this present a huge problem? Mr. Payken said the program was set up to eliminate this. With accurate data entry, there should be no subjectivity. Specific criteria is set out in the instructions.
Olivia Pieknik, 385 Walnut Point Ct.: Ms. Pieknik expressed thanks to the Ballwin Police Department for their handling of a recent traffic accident in which she was involved.
A motion was made by Alderman Pogue and seconded by Alderman Buermann for a first reading of Bill No. 3484. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3484 was read for the first time.
Alderman Lembke said that this legislation was approved last year for the first six months. City Administrator Kuntz said that last year, this was done in December. The Board seriously focused on revenue enhancement options. To do this sooner would have eliminated any other options.
Alderman Robinson asked if the Board wants to put the real estate tax issue on the ballot, what is the deadline? City Administrator Kuntz said the deadline for submittal for the November 6, 2007 ballot is August 28, 2007. The establishment of a rate is only effective for the 2007 fiscal period. This must be done annually. Alderman Robinson said if the voters decide yes they are willing to pay an increased amount of real estate tax for streets, that revenue would not be received until 2008. The money cannot be utilized for streets until 2009. He said that if something is going to be done for the streets within the next two years, the voters need the opportunity to levy a real estate tax now. He suggested that consideration be given to this at this meeting to appear on the November 6 ballot.
City Attorney Jones said an ordinance would have to be adopted to place this on the ballot and would have to be introduced, read, passed tonight, and delivered to the Election Board no later than tomorrow, August 28. Alderman Robinson asked if the notice time has passed. City Administrator Kuntz said that with something of this magnitude and consequence, the typical procedure would be to make a motion to draft legislation for the following meeting. He said that what Alderman Robinson is suggesting is an extemporaneous piece of legislation that has not been drafted or authorized. He said from a practical standpoint, it’s too late.
Alderman Robinson said that if the Board doesn’t do anything at this meeting, the next opportunity will be for the February, 2008 election. City Attorney Jones said he doesn’t think it will make any difference in the collection. Real estate taxes will still be collected at the same time. Alderman Robinson said that if the ordinance is passed mid-year, the taxes cannot be collected for the whole year. City Attorney Jones said the real estate taxes are not delinquent until after December 31. Once the rate is established, as long as it is established before the due date, or the delinquency date of December 31, that rate will be in effect for the entire year even if it were passed in April, 2008 or a special election in February. Assuming that the vote was successful in terms of passage, the levy will be effective in 2008 even though it was not levied until the fourth month of the year, or whatever month.
Mayor Young said that there is a September 1 deadline with the St. Louis County Assessor’s Office in order for the tax rate to go into effect.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3484. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3484 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3484 with the following results:
Ayes – Suozzi, Lembke, Fleming, Buermann, Pogue, Kerlagon, Terbrock, Robinson, . Nays – None. Bill No. 3484 was approved and became Ordinance No. 07-22.
BILL # 3488 - AN ORDINANCE GRANTING A DEVELOPMENT PLAN AMENDMENT TO THE SPECIAL USE EXCEPTION FOR ELCO CHEVROLET, INC. AT 15110 MANCHESTER ROAD FOR FRONT YARD PARKING AND MOTOR VEHICLE REPAIR.
A motion was made by Alderman Buermann and seconded by Alderman Pogue for a first reading of Bill No. 3488. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3488 was read for the first time.
Alderman Suozzi asked about the moratorium that is in effect for car dealerships. She asked if an amendment is necessary in order to pass this legislation? City Attorney Jones said that the moratorium was a Resolution and not an ordinance, therefore, technically the moratorium is not a law of the City. It was merely a planning mechanism. He said the moratorium was adopted on January 8, 2007. It was constructed to allow the Comprehensive Plan process to be completed. That has been done and adopted by the Planning & Zoning Commission two months ago. He said the first reason that the Board does not have to abide by the moratorium is that the Comprehensive Plan process has been completed, and it is a Resolution and not an ordinance. Therefore, the Board is free to give the moratorium whatever weight is necessary in considering a vote. It does not have to be rescinded, amended, or followed. Alderman Suozzi asked if the moratorium actually stated until the Comprehensive Plan has been passed? City Attorney Jones said that the moratorium was in effect until December 31, 2007, but in the whereas clause, it said that it’s in the best interest of the citizens to complete the Comprehensive Plan process before any new or existing automobile sales businesses are expanded or adopted.
Alderman Fleming said that this request from ELCO does not violate the moratorium because they are staying within their boundaries, not doing anything other than improving their facility. He said he does not object to their request.
Alderman Buermann said that making improvements along the Manchester Road corridor will benefit the long-range plan for the City of Ballwin. He said a good example of this is the old Hi-Fi-Fo-Fum store that is now going to be the new Walgreens store. ELCO is staying within their property lines.
Alderman Terbrock asked if the moratorium should be rescinded to remove it from consideration? City Attorney Jones said that this can be done. He said that Bill 3488 should be voted upon first. A Resolution could be prepared for the next meeting regarding the moratorium.
Alderman Robinson said that ELCO wants to put the curb cut on Manchester Road across from Steamboat. He asked how will this affect the traffic at that point. Alderman Suozzi said that the Planning & Zoning Commission discussed this. The curb cut at this location will improve the situation. Alderman Terbrock said that moving the curb cut 50 feet will not add to any more chaos in that area than there already is.
A motion was made by Alderman Pogue and seconded by Alderman Terbrock for a second reading of Bill No. 3488. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3488 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3488 with the following results:
Ayes – Fleming, Pogue, Lembke, Buermann, Kerlagon, Robinson, Suozzi, Terbrock . Nays – None. Bill No. 3488 was approved and became Ordinance No. 07-23.
BILL # 3489 - AN ORDINANCE AMENDING SECTION 29 OF ARTICLE XVI OF THE ZONING ORDINANCE OF THE CITY OF BALLWIN WITH RESPECT TO THE STORAGE OF EQUIPMENT AND MATERIALS ON RESIDENTIAL LOTS.
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3489. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3489 was read for the first time.
Alderman Terbrock said he doesn’t understand what is meant by turf maintenance equipment materials. Regarding Section 3, he asked what other location would there be in a residential district as referred to in this section? He asked who determines what quantity is ordinary?
City Attorney Jones said that Assistant City Administrator Aiken was trying to address what he perceived as a need to make this more direct in terms of the outdoor storage of materials and equipment and not just have it directed toward lawn companies, which is what the first section was designed to deal with. He said it will have to be code enforcement officials that make these subjective decisions as in other situations. If someone fails to comply and are served with a notice to cease the practice and they don’t do this, they will receive a summons, appear in Municipal Court, and the judge has to interpret this with the facts and complaint. She will decide if it defends the language of the ordinance.
Alderman Terbrock said that his interpretation of Section 3 is that he cannot have a load of mulch dumped in his driveway. He said if he was not able to immediately wheel barrel it to another location, he would be in violation. Section 3 does not address other landscaping materials such as pots, gravel, etc. Alderman Suozzi said that by adding a definition of materials, some items could be left out that could be considered landscape materials.
City Administrator Kuntz said that this legislation lends to subjective interpretation. It is not written in such a way to include every possible scenario. Should this legislation be a tool in the event that there is a property maintenance issue? It will be complaint driven. If there is an excessive condition, this provides some remedy and attention to the issue, subject to the court’s confirmation.
Alderman Terbrock said he does not like this legislation at all. He said if he was able to purchase fertilizer at a good price that would take care of his yard for a whole year, according to this legislation, he would be unable to do this because he would have nowhere to store it. He said it could not be stored indoors because of combustible danger. He said there is not much space in this legislation for homeowners.
Alderman Lembke said what drove this was that there was a situation where there was a concrete mixer and the person was in the construction business. He parked it on his front driveway or along the side of the driveway in the front yard. That did not meet the definition of lawn, landscape, or turf maintenance equipment, therefore, this was difficult to deal with. This legislation is an attempt to make sure that the right tools are given to our Code Enforcement staff. He said that fertilizer would be stored behind the house. Alderman Terbrock said that this legislation states that it could not be stored behind the house as well. Alderman Pogue said that it states that such materials will have to be stored inside a fully enclosed building. It cannot be behind the building line, in the back yard, but only within a fully enclosed structure.
A motion was made by Alderman Fleming and seconded by Alderman Suozzi to refer this legislation back to staff to gather information, re-write it, and submit at the next Board meeting.
Alderman Buermann agreed and said that it needs to be determined if this is a frequent problem or to address a single issue. He said the ordinance as it is currently written does not give much leverage.
Alderman Robinson said that the complaints he has received are that people don’t want anyone to put anything in front of their house except for the car. He said if we are heading in that direction, we are creating an impossible task for our code enforcement officials. If nothing is to go into the driveway except for the personal use vehicle, it should be stated this way and be specific. We should list what should not be placed in the driveway.
Alderman Terbrock said there are ordinances in place at this time to limit what is placed in front of the building line. He said he does not see a reason for this proposed legislation as it is written.
City Attorney Jones said that he thinks the reason for the new sub-section 2 is to create a safe harbor for projects that take less than 6 months and don’t require a permit, that there could be the temporary storage of materials. If it did require a permit, the storage of materials could take place as long as the term of the permit. He said that if mulch was delivered to your driveway and it is distributed within 6 months, this could be done under the new sub-section 2.
A voice vote was taken with a unanimous affirmative result and the motion passed to refer this legislation back to staff for further clarification.
BILL # 3490 - AN ORDINANCE AUTHORZING THE MAYOR OF THE CITY OF BALLWIN TO EXECUTE AN EASEMENT DEED IN FAVOR OF SOUTHWESTERN BELL TELEPHONE COMPANY.
A motion was made by Alderman Suozzi and seconded by Alderman Robinson for a first reading of Bill No. 3490. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3490 was read for the first time.
Alderman Pogue said asked if the landscaping will be replaced if it is disturbed. City Administrator Kuntz said that Assistant City Administrator Aiken and AT&T said that all affected landscape will either not be touched with this easement, or if it is, it will be replaced in kind so that there is no lack of screening. This is a well-established area and should be preserved in this manner.
A motion was made by Alderman Pogue and seconded by Alderman Lembke to amend Section 1 of this bill to include “as long as Southwestern Bell Telephone Company agrees to replace, in kind, any existing landscaping that is disturbed.” A voice vote was taken to amend Bill 3490 with a unanimous affirmative result and the motion passed.
Alderman Robinson asked how $3,000 was determined as compensation. City Administrator Kuntz said that this is the amount that was offered. He said this is an easement for future access for maintenance.
Alderman Pogue asked about the $10 amount as valuable consideration in the deed. City Attorney Jones said that it is typical for recorded instruments to show nominal considerations when the actual price is not put into a deed to avoid public record.
Mayor Young asked about the names Southwestern Bell Telephone and AT&T in the deed. City Attorney Jones said that the easement document was drafted by Southwestern Bell and they are the grantee, the party receiving the easement.
A motion was made by Alderman Pogue and seconded by Alderman Buermann for a second reading of Bill No. 3490, as amended. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3490 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3490 with the following results:
Ayes – Kerlagon, Suozzi, Pogue, Lembke, Terbrock, Fleming, Buermann, Robinson . Nays – None. Bill No. 3490 was approved and became Ordinance No. 07-24.
A RESOLUTION of support by the Board of Aldermen of the City of Ballwin for the 2007 Comprehensive Community Plan adopted by the Planning and Zoning Commission on July 2, 2007.
A motion was made by Alderman Buermann and seconded by Alderman Fleming to accept the Resolution. A voice vote was taken with a unanimous affirmative result and the motion passed.
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. Firewall (lowest bid of $13,691.20)
A motion was made by Alderman Buermann and seconded by Alderman Suozzi to accept Consent Items A, D, and E. A voice vote was taken with a unanimous affirmative result and the motion passed.
A motion was made by Alderman Pogue and seconded by Alderman Buermann to grant a liquor license to the West County Jaycees for the barbecue cook off in Vlasis Park on September 29 and 30. A voice vote was taken with a unanimous affirmative result and the motion passed.
Acropolis Special Use Exception Transfer: Mayor Young said this is a change in ownership and no change in the operation. The new name will be “Take Down”. They have requested a license for full bar and Sunday liquor license.
A motion was made by Alderman Suozzi and seconded by Alderman Robinson to transfer the Special Use Exception from Acropolis to Take Down. A voice vote was taken with a unanimous affirmative result and the motion passed.
Take Down Liquor License:
A motion was made by Alderman Lembke and seconded by Alderman Pogue for the full bar and Sunday liquor license for Take Down. A voice vote was taken with a unanimous affirmative result and the motion passed.
Planning & Zoning Appointment: Mayor Young said that this item is regarding the appointment to the Planning & Zoning Commission. He asked that the Ward 4 aldermen make their motion. Alderman Suozzi said that this does not have to be a Ward 4 appointment. Mayor Young said that there are two representatives from each ward. At this moment, there are isn’t two because the chairman is considered an at-large person. Alderman Suozzi said she didn’t think there was a distinction between the chairman’s role and any other commissioner’s role. Alderman Robinson said that if the chairman and commissioners all vote, Ward 4 would have 3 votes.
Alderman Lembke said that if the chairman is at-large, the chairman is only elected for one year from a particular ward. This year, they voted to elect a Ward 4 chairman, next year the chairman could come from another ward. If the position is filled with a Ward 4 person, they have a 4-year term, and would have to ask someone from Ward 4 to step down.
Alderman Suozzi said there is a problem with the definition of the chairman being at-large. She said that actually, the chairman is another member of the commission. It has been Ward 4 that has three representatives for a long time. She said it should be open to the entire Board to recommend a nomination.
A motion was made by Alderman Lembke, and seconded by Alderman Pogue, to open the nominations for the Planning & Zoning Commission to the Board of Aldermen.
Alderman Robinson said that this discussion has nothing to do with the perspective commissioner. He said if a Ward 4 commissioner is recommended, the person will serve a set term. He said Mr. Wind is chairman at this time. Mr. Wind has a 4-year term. Assuming that at the end of this year, this Board wants to elect someone else to the Commission to be chairman. He asked what position will Mr. Wind move to. There are 3 commissioners. He said the Ballwin ordinance and State statute give direction on this situation. The concept at the beginning was that the chairman would be selected from someone not on the Planning & Zoning Commission at the time. He asked what happens with the odd number when the third person, who is the chairman, the next year is not the chairman. What do you do with those three commissioners from that ward? Are they told they have to leave? Does the commission vote someone off? He said they don’t want to do that.
Mayor Young said that this is a State statute that they created. Alderman Lembke said that if you consider the terms of the other people on the Planning & Zoning Commission, Ward 4 will come up in 4 years and 2 years. Everyone else’s terms are staggered but not in the same years. He said the terms of the Planning & Zoning Commission, are not sufficiently staggered. He said that with 9 members, 4 members would be due each of the 3 years, but it doesn’t work out that way. State statute says that the commission elects their chairman, a secretary, and the term shall be for 1 year, that they can supersede themselves if the commission so desires.
Alderman Suozzi said that she objects to the assumption that the appointment must come from Ward 4 because that was the ward of the previous member. She said it should be opened up to the whole Board for nominations. Alderman Lembke said he has no problem selecting someone from another ward for the position. He said the chairman is elected by the commission and serve for a 1 year term. Ward 4 had the chairmanship and 2 members. The chairman was considered as a city-wide appointment. He said when Mr. Wind became chairman, Ward 4 had one representative on the Planning & Zoning Commission. The Ward 4 aldermen were asked to seek nominees from Ward 4 and are ready to present those nominations. He said if someone wants to nominate someone else, it’s not going to fix the problem. No matter who is appointed, potentially in a year, the whole situation will still exist.
Alderman Suozzi said that there has always been an extra person from some ward on the Zoning Commission. She said she does not see this as a problem. She thinks it should rotate.
Alderman Lembke asked that when Mr. Cox was the chairman from Ward 1, was it discussed about having an extra person? Alderman Pogue said yes.
Mayor Young said that at this time, there are 5 members whose terms end in May, 2009, and 3 members whose terms end in May 2010. The term expiration of the appointment to the current vacancy will expire in May, 2011.
Alderman Robinson said the State statute says that the Planning & Zoning Commission elects their own chairman. He said the reason we created the chairmanship separate from the commissioners from each ward was because we were looking for an odd number to break a tie. The Commission consisted of 8 commissioners, one alderman and the mayor, and the chair. The chair was needed to create the odd number. He said the way we can correct the situation is that the commission consist of 2 commissioners from each ward. Among those 8 commissioners, that commission shall elect their chairman. While the chairman votes, each ward still has 2 commissioners. To get the odd number needed to break a tie, we should change our ordinance to say that either the mayor or alderman do not have a vote. Right now both the mayor and alderman can vote. This creates a problem. If the ordinance is changed to say that one or the other does not vote, that gives us the odd number that will be needed to break a tie. No one’s vote is restricted to break a tie, it is automatically broken if everyone votes. If someone abstains and there is a tie, the non-voting member, suggesting the mayor, would cast the tie breaking vote as is done for the Board of Aldermen.
City Attorney Jones said this would not be consistent with the State statute. He said when the Zoning Commission was reconfigured in 1999 to make it a statutory planning zoning commission, we increased the number to the maximum level, which is 11. Two should be the mayor and one alderman. He said the mayor and alderman cannot serve on the Planning & Zoning Commission and not be allowed to vote.
Alderman Robinson asked what is the statutory basis for this. City Attorney Jones said that the statute says that you can put them on the commission if you want to through our own ordinance. Alderman Robinson asked if our ordinance could state that while they are on the commission, they only cast a vote in the event of a tie. City Attorney Jones said he will have to research this. City Attorney Jones said that he does not think that the commission members would want a member of the Planning & Zoning Commission participating in a discussion that doesn’t vote. Alderman Robinson said that in the Board of Aldermen meetings, the Mayor conducts the meeting and does not vote except when there is a tie. In the Planning & Zoning meetings, perhaps the Chairman could conduct the meeting, the mayor and alderman vote, but the chairman does not vote. The aldermanic representative on the commission would be from the same ward as the chair. Each ward would get two votes.
Alderman Suozzi said that in the 11 years that she has been an alderman, there has never been a time when the Zoning Commission had a tie vote. She said that at times, it’s difficult to have a quorum. Mayor Young said that at the August meeting, there wouldn’t have been a quorum if he and Alderman Suozzi had not been present.
Alderman Robinson said that Ward 4 has four votes, which includes the mayor, on the commission. Ward 2 has three votes, and Ward 3 has two votes. He said that Ward 4 has three people who can present motions. We should implement some procedure to at least give the appearance of greater fairness and representation.
Alderman Kerlagon recommended Olivia Pieknik to serve on the Planning & Zoning Commission. He said he and Alderman Lembke feel strongly that she is the perfect candidate. She is currently an alternate on the Board of Adjustment with a term expiring in May, 2011.
Alderman Lembke asked that if there are no other nominees for commissioner at this time, that the appointment be held over until the next Board of Aldermen meeting. City Attorney Jones said that the mayor appoints and the Board approves. If the mayor does not suggest the appointment of Ms. Pieknik at this meeting, and ask for a vote, it will be held over by the mayor’s inaction. Mayor Young said he asked the aldermen to be involved in nominations.
Alderman Lembke said that his motion is inappropriate at this time due to the explanation by City Attorney Jones. At this time, the Board does not have the right to offer nominees to the Mayor as a Board. Individual suggestions can be made. Alderman Lembke withdrew his motion. Alderman Pogue withdrew his second of the motion.
Alderman Lembke said that the representatives from Ward 4 will submit their suggested nominees for the mayor’s consideration.
A motion was made by Alderman Lembke and seconded by Alderman Robinson that City Attorney Jones investigate reconfiguring the Planning & Zoning Commission as it relates to balancing the ward representation and the potentiality of someone not voting in order to keep the Commission balanced.
Alderman Suozzi said that she opposes opening the nominations to the whole Board because this is premature at this point. If City Attorney Jones recommends that there be 8 members instead of 9, we will be asking for nominations for a spot that may not exist.
A voice vote was taken with a unanimous affirmative result and the motion passed.
Mayor Young asked that Olivia Pieknik be considered to serve on the Planning & Zoning Commission. He said that she served with diligence on the Comprehensive Plan and is very knowledgeable, and she has been recommended by Board of Adjustment member Frank Karr. The Board will consider the recommendation.
CITY ADMINISTRATOR’S REPORT
Alderman Fleming asked if the grant money is usable for anything else such as other containers that will benefit the seniors and people who have expressed concern about difficulty moving the containers to and from the curb. He said that once per week pickup is working well for his family. They are recycling a lot more materials. Larger recycling containers will be helpful.
Tony Lamantia, Municipal Account Representative with Allied Waste said it depends on how the grant is written. He said that the 35-gallon recycling containers are not on wheels. The 65-gallon recycling carts are on wheels. This grant is for recycling containers only, not trash.
Alderman Robinson asked what is being done for handicapped people? Mr. Lamantia said there is a specific price structure for the handicapped customers. The trash is picked up from the rear of the residence. Alderman Robinson said that recently, a resident, 75 years of age, was moving his waste receptacle on wheels to the curb. In the process, he slipped and fell, hit his head, passed out, and was lying on the street. Two police officers and paramedics responded. His wife said that this would not have happened if they didn’t have to haul such a heavy receptacle to the curb. Alderman Robinson said there are others who are really struggling with the huge containers. Mr. Lamantia said the carts are very easy to move. There are customers in other areas where driveways are very steep and the elderly people are able to wheel the container back and forth for pickup. He said he doesn’t know what else can be done for the handicapped and seniors.
Alderman Robinson asked if rear-yard pickup can be offered to the seniors? Mr. Lamantia said Allied Waste is trying to eliminate rear-yard pickup. He said that 90% of the accidents that the trash collectors experience are due to rear-yard pickups. There are dogs in back yards to be cautious of, items that have been stolen and the trash collector has been blamed. He said that all trash collection companies are no longer bidding on rear-yard service. This is something that Allied is very much trying to get away from. Alderman Robinson said that we cannot get away from our handicapped and elderly citizens. Something must be done for them. He said he is asking Mr. Lamantia to do something about this before he votes to extend the contract. Mr. Lamantia said he will look into this and report back.
Alderman Terbrock said that by using the 65-gallon recycling bin, which is smaller than the 90-gallon trash container, will reduce the trash amount, which will reduce the size of the trash container. Mr. Lamantia said that by recycling everything that can be recycled, the amount of trash will be practically nothing. 90% of the waste is recycled material. He said that if the paper can be torn, it can be recycled. Alderman Robinson asked for Allied Waste to lead the way to help with this issue.
Alderman Buermann asked if the grant is written for the recycling bins and request a certain number of wheeled 50 or 65 gallon trash containers for elderly citizens, will this affect our ability to get the grant for the recycling bins? Mr. Lamantia said no. Alderman Robinson said he is not going to vote to extend the contract unless something definite is provided to assist the elderly.
City Administrator Kuntz said that the Allied Waste contract expires on December 31, 2007. If the current contract is not going to be extended, we need to start immediately putting together bid specifications, put Allied Waste on notice, and bid the whole package back out. The Board authorized the contract that has one-year renewals subsequent to the initial term. He said that all that the Board can do at this meeting is take the current rate and freeze it for 6 months. If Allied Waste doesn’t have Ballwin as a client, where is the grant going to be applied? Alderman Robinson said that at the first meeting in September, if Mr. Lamantia reports that Allied Waste cannot to any thing further to assist the elderly, he will suggest putting the contract out to bid. Mr. Lamantia said that if this is done, the rate for everyone else will go up substantially. The company will make up for it somewhere. They won’t keep the invoice at $17.01 and agree to do rear yard pick up for the seniors. He said that all haulers will do this, not just Allied Waste.
Alderman Suozzi said that falling while taking the trash to the curb can happen to anyone, not just seniors. She said that she recycles, therefore there is less trash to take to the curb. The amount of trash can be split into two smaller containers if someone has difficulty taking one large container to the curb. She said too much is being asked of Mr. Lamantia to come back to the Board with a solution that Alderman Robinson or his constituents will be happy with.
Alderman Robinson said that the issue is not the can. The issue is having to take it to the curb. Alderman Suozzi said that the whole waste industry is getting away from rear-yard pickup.
Alderman Lembke said that an elderly citizen has difficulty taking the trash can to the curb. In another year or two, will additional arrangements have to be made to assist further by removing the trash from the house and putting it in the can. He said that at some point, people have to realize that living in a single-family house is not a viable option any longer. He said when his mother-in-law said she cannot get the trash to the curb, that was the day it was time to look for a condominium. Or there are times that neighbors can help in these situations.
Alderman Terbrock asked about the 5-year contract with Allied Waste. City Administrator Kuntz said that Ballwin has a 5-year contract that is subject to annual renewals. The rate adjustment is 4% or the CPI transportation, whichever is less. This is an extension being offered with no rate adjustment.
A motion was made by Alderman Terbrock and seconded by Alderman Buermann to accept the terms and conditions of the Allied Waste renewal contract.
Alderman Fleming said that he believes that Mr. Lamantia will look for more options for the seniors, he is pleased with the service, and rates. He suggested that Allied Waste provide a rate to the City for back yard pickup.
Alderman Lembke said that part of the reason for the changes in the trash and recycling pickups is to become automated to lower costs, and to get the heavy trucks off the Ballwin streets. He asked how many customers switched from twice weekly pickup to once per week? Mr. Lamantia said that previously there were 5,000 people signed up for twice per week. When the change was made, the number went down to 500.
Alderman Robinson said that he is not asking Allied Waste to provide the service at no cost. He asked for the option of rear-yard pickup for seniors at this cost. He said if the contract is renewed as it is, we lose the ability to push this point. He asked the Board to hold this until the next meeting.
A voice vote was taken to accept the terms and conditions. The result was 7 Ayes, and Alderman Robinson voting Nay. The motion passed.
A motion was made by Alderman Fleming and seconded by Alderman Robinson to ask City Administrator Kuntz to engage in discussions with Allied Waste to provide a pick up rate for rear-yard pickup for seniors. A voice vote was taken with a unanimous affirmative result and the motion passed.
Alderman Pogue said that some of the residents have complained that their once-per-week pickup is on Thursday or Friday. He asked if all of the trash could be picked up on Monday or Tuesday, and the end of the week could be for the second pickups and recycling. Mr. Lamantia said that he will check into this.
Alderman Buermann asked that Mr. Lamantia give City Administrator Kuntz the recycling totals from last year so that this can be published in the city newsletter to the residents. He said it’s important to let the citizens know how much they are recycling and the good that is being done for the environment.
Mayor Young asked Mr. Lamantia to tell the drivers that when they are doing the second pickup of the week, to drive slower because they seem to race to the end of the street or the next pick up point when there are only a few stops to be made on that route. Mr. Lamantia said he will do this.
Park Path: City Administrator Kuntz said the recommendation is that the contract be awarded to Krupp Construction Company for the New Ballwin Park path paving. This is a project to construct a 9-foot wide, 40 feet long asphalt path through the section of New Ballwin Park. He said the lowest bidder is not recommended because they were responsible for the project on Park Drive and they ran into some additional time that was excessive in terms of the schedule completion. He said that Krupp Construction Company is reputable and has worked for the City in the past.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann to accept the Krupp Construction Company bid for this project. A voice vote was taken with a unanimous affirmative result and the motion passed.
Retail Conference: City Administrator Kuntz said he is requesting authorization to attend the two-day International Shopping Center Conference in Chicago.
A motion was made by Alderman Pogue and seconded by Alderman B to authorize City Administrator Kuntz to attend the conference. Alderman Suozzi amended the motion that Mr. Kuntz’s attendance at this conference does not have to prohibit his attendance at the Missouri Municipal League and National League of Cities Conferences. This can be determined at a later time. Alderman Pogue accepted the amendment. A voice vote was taken with a unanimous affirmative result and the motion, with amendment, passed.
Budget Schedule: City Administrator Kuntz said that this is a more aggressive schedule than has been used in the past. The first budget meeting will be October 8, preceding the regular Board meeting. He asked if this is acceptable. Alderman Fleming said he will be out of town at a business conference and recommended that the Board proceed in spite of his absence. The Board agreed.
Planning & Zoning Commission Chairman Stipend: City Administrator Kuntz said that there had been discussion regarding the provision of compensation or stipend for the Chairman of the Planning & Zoning Commission. There isn’t a provision for this in any legislation. This is a practice that goes back to the days when the Chairman did more of the field work and took minutes of the meetings. It is not like other positions where it is established by a rate. Since there is a new chairman, now is a good time to address this issue. This is not done for the Board of Adjustment or any other commission.
Alderman Pogue said this procedure should be retained since it is difficult to get a quorum at times. City Administrator Kuntz recommended that this be made official by legislation.
A motion was made by Alderman Pogue and to authorize City Attorney Jones prepare draft legislation for consideration.
Alderman Robinson asked if compensation could be given to other commissioners. Mayor Young asked if the Board of Adjustment would also be compensated. Alderman Robinson said that he would like an explanation why they are not being compensated for the work. He said the Mayor and Aldermen are compensated. He feels that the members of the commissions should be compensated for their efforts. City Attorney Jones said he is not aware of other cities that compensate the commission members. Alderman Robinson said that taking away compensation is going in the wrong direction. Recognizing someone’s services with minimal compensation is going in the right direction.
Alderman Pogue amended his motion to include that staff check with other cities regarding compensation for commission members. The motion, including the amendment, was seconded by Alderman Buermann. A voice vote was taken with a unanimous affirmative result and the motion passed.
Consent Item “B”, Pointe Lobby Furniture: City Administrator Kuntz said that The Pointe lobby is the front door impression of our community center. The furniture is worn and is 10 years old. Director of Parks and Recreation Bruer said that the proposed HON furniture comparable to the current furniture, with a grouping in front of the television area, another by the snack bar, in front of the gym space, and in the fitness area. Alderman Fleming said that this is not a lot of furniture for $24,851. He said that there have been some unexpected expenses in Parks and Recreation, and he feels that the current furniture does not look that bad. He suggested that the perhaps other options can be pursued. He said the television in the lobby was donated. He said he prefers deferring this purchase until later in the year to consider the budget due to unexpected expenses.
A motion was made by Alderman Fleming and seconded by Alderman Terbrock to defer purchase of Pointe lobby furniture until later in the year at the earliest. A voice vote was taken with the following result: Ayes: Fleming, Terbrock, Kerlagon, Lembke, Buermann. Nays: Robinson, Suozzi, Pogue. The motion passed by a vote of 5-3.
Parking Lot Sealing: City Administrator Kuntz said this is for sealing 3 parking lots. This is the double-coat sealant at North Pointe, Golf Course, and the Police Department.
Alderman Pogue asked if bid requests were sent out to more than the four that responded. Director of Parks and Recreation Bruer said that 4 were sent out to those that were used in the past and posted on the city’s website. There was no advertising run in Dodge Reports. She said that Krupp Construction did not bid. City Administrator Kuntz said that the total price is within the budgeted amount. St. Louis Paving does a lot of work throughout the County. Alderman Pogue recommended that advertising in Dodge Reports be used as frequently as possible to insure exposure to the maximum number of possible bidders.
A motion was made by Alderman Robinson and seconded by Alderman Buermann to accept the bid. A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ATTORNEY’S REPORT
Cell Phone Litigation: City Attorney Jones said this involves 5 pending cases against the City of Ballwin regarding taxes paid in protest. It also involves a series of 3 cases which have been pending for nearly 5 years that were originally initiated by a class of cities attempting to collect cell phone taxes as though they were standard landline franchise and utility fees. He said that the litigation involving the class of cities that have been litigating for over 5 years is nearing a settlement. A settlement in principle with Cybertel who was the original license holder, and has now become Virizon, would envision a payment of 2 years of back taxes with taxes then to be paid prospectively at the City’s gross utility tax rate. He said that once that agreement is reached with Cybertel, the other providers may fall in line and that there will be a proposed settlement class. The City of Ballwin will either be asked to participate in that class or opt out. It appears that it is very likely that the $300,000+ that we are holding now has been paid in protest may be available to us before the end of the year. The other back taxes could be subject to a settlement within the next several months.
Mayor Young asked if estimates could be obtained for removal of the stump and give this option to the homeowner so that perhaps this could be done in timely manner. Alderman Suozzi said this was discussed. Other Committee members did not have a problem with this if the bid was to remove the tree. Mayor Young said that we should check to see what the cost is and offer this to the resident, which could save money for the homeowner. Alderman Suozzi said this will have to be added to the bid process.
Public Works Department: Alderman Fleming thanked the Public Works Department for the recent work done in the Meadowbrook and Woodsmill Subdivisions. Instead of just being able to do Windmill as originally planned, they were also able to do Gardenway, Milldale, and part of Dutch Mill by constantly investigating other techniques that are available. He said some of the people in the Woodsmill Subdivision have sent e-mails and called expressing thanks.
Agenda Items: Alderman Fleming suggested that non-agenda items not be discussed in great length since information for consideration has usually not provided.
A motion was made by Alderman Fleming and seconded by Alderman Lembke to adjourn to closed session to discuss the City Attorney’s legal opinion on retaining walls and another point of litigation. City Attorney Jones said that the Board cannot go into closed session just to discuss his legal opinion. He said the Sunshine Law requires that certain things be kept as open items and certain things as closed items. If there is threatened or pending litigation of which the City is a party, a closed session is warranted.
Amended motion: An amended motion was made by Alderman Fleming and seconded by Alderman B to go into closed session to discuss the City Attorney’s opinion related to retaining walls as it pertains to perceived threatened litigation and another point of litigation that is expected as mentioned by Alderman Pogue. A roll call vote was taken with the following results: Ayes: Pogue, Kerlagon, Suozzi, Robinson, Buermann, Terbrock, Fleming, Lembke. The motion passed unanimously to adjourn to closed session at 9:30 p.m.
The Board convened in closed session at 9:35 p.m.
A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn the closed session. A roll call vote was taken with a unanimous result, and the closed session was adjourned at 9:52 p.m.
The Board reconvened in open session at 9:53 p.m.
Mayor Young announced that the Board met in closed session to discuss pending litigation. No votes were taken.
A motion was made by Alderman Buermann and seconded by Alderman Pogue to adjourn the open session. The motion passed unanimously and the meeting was adjourned at 9:54 p.m.
Walter S. Young, Mayor
Robert A. Kuntz, City Administrator