Board of Aldermen Meeting Agendas & Minutes

 

Every effort is made to ensure that the Agendas and Minutes provided on this and subsequent pages is timely and correct; however, users should keep in mind that this information is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Ballwin should be consulted.

The Board of Aldermen meet on the second and fourth Mondays of each month at 7 p.m. in the Board Room of the Ballwin Government Center, 1 Government Ctr. Schedule and place subject to change. Meetings are open to the public. All citizens are urged to attend.

Board of Aldermen Meeting

Meeting Agenda

Meeting Agenda click here

 

 

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
April 26, 2010

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

             PRESENT                                                              ABSENT
MAYOR TIM POGUE                                                        ALDERMAN KEN MELLOW - ILL
ALDERMAN JIMMY TERBROCK
ALDERMAN PRESS MCDOWELL 
ALDERMAN JANE SUOZZI 
ALDERMAN FRANK SCHMER 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
ALDERMAN RICHARD BOERNER 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the April 12, 2010 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Suozzi and seconded by Alderman Schmer to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

OATH OF OFFICE and SECOND ROLL CALL
The Oath of Office was administered by Municipal Judge Virginia Nye to Ward 1 Alderman-Elect Michael Finley, Ward 2 Alderman-Elect Ron Markland, Ward 3 Alderman Frank Fleming, and Ward 4 Alderman Richard Boerner.  A second roll call was taken.

             PRESENT                                                                                             ABSENT
MAYOR TIM POGUE                                                                    ALDERMAN KEN MELLOW - ILL
ALDERMAN JIMMY TERBROCK
ALDERMAN MICHAEL FINLEY 
ALDERMAN FRANK SCHMER 
ALDERMAN RON MARKLAND 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
ALDERMAN RICHARD BOERNER 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

PRESENTATION
City Administrator Kuntz  presented a plaque to Alderman Jane Suozzi in appreciation for her service to the City of Ballwin, having served on the Planning & Zoning Commission in 1995 – 1996, Alderman from 1996 – 2010, and President of the Board in 2009 – 2010. 

PENDING ISSUES
None.

CITIZEN COMMENTS

Jim Shelton, 739 Muir View Drive:  Mr. Shelton represented the Trustees of the subdivision regarding supplemental funding for street repairs.  He thanked City Engineer Gary Kramer and Superintendent of Streets Jim Link for meeting with them and MSD several times. 

Chris Howard, 243 Dennison, representative for Senator Jane Cunningham as Legislative Liaison:  He presented the 2010 Official State Manual and said that he and Senator Cunningham are available to assist the City of Ballwin and the citizens. 

Bill Corrigan, 2500 South Brentwood Blvd., Candidate for St. Louis County Executive:  Mr. Corrigan said that he grew up in Ballwin and his parents still live here.  He said he is looking forward to working with the City of Ballwin collaboratively in November.


PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3619 - AN ORDINANCE AMENDING SECTION 15-119 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO DRIVING IN A SINGLE LANE.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a first reading of Bill No. 3619.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3619 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Boerner for a second reading of Bill No. 3619.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3619 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3619 with the following results: 
Ayes – Terbrock, Markland, Schmer, Fleming, Leahy, Finley, Boerner.    Nays – None.  Bill No. 3619 was approved and became Ordinance No. 10-11.


BILL # 3620 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION PLAN AMENDMENT TO CLEARWIRE COMMUNICATIONS FOR T-MOBILE FOR ADDITION OF A FIFTH ATTACHMENT POINT ON ITS COMMUNICATIONS TOWER.

A motion was made by Alderman Boerner and seconded by Alderman Leahy for a first reading of Bill No. 3620.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3620 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Fleming for a second reading of Bill No. 3620.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3620 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3620 with the following results: 
Ayes – Fleming, Terbrock, Schmer, Finley, Markland, Leahy, Boerner.    Nays – None.  Bill No. 3620 was approved and became Ordinance No. 10-12.
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. Jaycees’ Liquor License (Ballwin Days booths)
B. Sprinklers (Amending Ballwin’s Code of Ordinances to comply with the State requirement)
C. Traffic Grants (Authorization to apply for MoDOT Traffic Grants which will provide for overtime funding for D.W.I. and Hazardous Moving Violation enforcement)
D. Fireworks Request (Approval for a brief fireworks display at The Pointe in conjunction with a graduation lock-in)

A motion was made by Alderman Terbrock and seconded by Alderman Fleming to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT

Appointments: 
Planning & Zoning Commission:  Mayor Pogue recommended the re-appointment of Sue Theodore to the Planning & Zoning Commission.   A motion was made by Alderman Terbrock and seconded by Alderman Fleming to re-appoint Sue Theodore to the Planning & Zoning Commission with term expiration in May, 2014.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Board of Adjustment:  Mayor Pogue recommended the re-appointment of Stephen Nichols to the Board of Adjustment.   A motion was made by Alderman Leahy and seconded by Alderman Terbrock to re-appoint Stephen Nichols to the Board of Adjustment with term expiration in May, 2015.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Board of Adjustment:  Mayor Pogue recommended the appointment of Olivia Pieknik to a full-time spot on the Board of Adjustment.  Olivia has served as an Alternate on the Board of Adjustment.   A motion was made by Alderman Fleming and seconded by Alderman Terbrock to appointment Olivia Pieknik to a full-time position on the Board of Adjustment.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

President of the Board of Aldermen:  Mayor Pogue recommended the appointment of Alderman Frank Fleming to be President of the Board of Aldermen.  This position is usually filled by the Alderman with the most senior tenure, which will be Alderman Frank Fleming.    A motion was made by Alderman Boerner and seconded by Alderman Schmer to appoint Alderman Fleming to the position of President of the Board.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ADMINISTRATOR’S REPORT

Financial Update:  City Administrator Kuntz said that at this time, revenues are up by 1.61% and expenditures are slightly above last year.  The expenditures are in line with the 2010 projections.  Based on this assessment, it is recommended that the budgeted adjustments be authorized to proceed as budgeted. 

Alderman Boerner presented an extensive quarterly analysis of the budget.  He said a basic cash flow analysis could be done on a regular basis.  He said the City of Clayton prepares their quarterly report in the same format that he is presenting to the Board.  He proposed that year-to-date numbers on a quarterly basis would determine what the cash flow is.  He estimated that this report would take approximately 8 hours per quarter. 

A motion was made by Alderman Boerner and seconded by Alderman Markland that staff will provide a quarterly report in the format that he presented at this meeting. 

Alderman Fleming said that this motion could be presented again under Aldermanic Comments so that the current purpose of this agenda item can be considered.  The motion was withdrawn.

Alderman Boerner asked what dollar amount is equal to the 2% increase.  Finance Officer Loehr said that the amount is approximately $200,000.  Alderman Boerner said that the T-Mobile settlement will be coming in at approximately $$300,000. 

Alderman Boerner said that he is satisfied that the 2% increase should be approved. 

A motion was made by Alderman Boerner and seconded by Alderman Markland to provide the 2% increase effective April 1, 2010.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Supplemental Funding:  City Administrator Kuntz said the purpose of the Supplemental Street Improvement List is through re-appropriations, to apply a portion of the unreserved fund balance toward street improvements and repairs.  He said that contract prices are encouraging, whereas the interest rate on investments is not encouraging.  The supplemental funding is balanced and reflects improvements to all 4 wards.  It follows the basic concern of addressing street needs. 

Alderman Markland asked how are the quality of street ratings handled for improvements.  Superintendent of Streets Link said that the street repair funds are spread out evenly in the wards.  There are 13 streets that are critical for repairs this year.  Alderman Markland asked about the rating system. 

City Administrator Kuntz said that several years ago, the Board hired an independent pavement consultant to assess all of the streets on the field assessment basis, and to grade the streets pursuant to that assessment.  His recommendation, this was a Board policy at the time and what we have been following, is that if all of the funds are used to repair only the worse streets, more streets will fall into that category because we will be getting further behind in repairs to the other streets.  The Board adopted the policy to spend 10% - 20% of the total on the streets rated 1, 2, and 3, and the bulk of the money would be spent on the 5 – 7 rated streets to keep them from becoming 1, 2, or 3 rated.  The consultant said that we should take 10% and seal up and capture the best streets to buy more time before major repairs will be needed.  It’s hard for residents to understand why their street isn’t being repaired while the crews are working on streets that are not in as bad condition.  For about the same money, 4 streets could be resurfaced or one street reconstructed.  The consultant also recommended that $2 million - $3 million be spent annually on streets. 

Alderman Fleming said that he supports the supplemental funding.  The projects completed have been under budget.  A motion was made by Alderman Fleming, and seconded by Alderman Leahy to draft legislation for re-appropriation for the supplemental street list as submitted.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Schmer and seconded by Alderman Boerner to accept the plan to add the 13 recommended streets to the list for repairs.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Street Sign Policy Change:  City Administrator Kuntz said this is a request for expansion of the cautionary deaf child street sign, as requested in the letter from a resident.  City Attorney Jones recommended that the request be considered separate of the upcoming Policy Manual review. 

A motion was made by Alderman Schmer and seconded by Alderman Leahy to approve the variance for the renewal of the sign on Meadowbrook Country Club Estates.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Policy Manual Review:  City Administrator Kuntz recommended that this item be held over to the next meeting due to length of discussion time.  The Board agreed.
CITY ATTORNEY’S REPORT
City Attorney Jones said that today the trial began regarding Beadichek vs. the City of Ballwin and Schnucks Market, Inc.  The trial will resume tomorrow morning.

ALDERMANIC COMMENTS

Concerts in the Park:  Alderman Terbrock said that The Lone Wolf Coffee House will sponsor the first concert on May 19 in New Ballwin Park.  The stage will be placed along the walkway.  The scheduled concerts are May 19, June 2, June 16 and August 3 (National Night Out).  Alderman Schmer said that he hopes the Aldermen will attend and promote the concerts.  For the first concert on May 19, the sponsor has offered to set up their own stage and provide sample food from the restaurant.  For future concerts, volunteers may be needed to barbecue hot dogs or burgers and provide soda. 

Goose Control:  Alderman Fleming said that in past years, the Parks Department has applied for a roundup with the State of Missouri and it was approved.  This would have cost $2,500.  The public sentiment was in opposition to this method, therefore, the Parks Department did not follow through with the roundup.  A non-lethal program was used in cooperation with GeesePeace, the Missouri Wildlife Center, also using egg oiling, habitat modification and dog control.  In the past, use of the dog has cost as much as $8,000 annually.  There is currently a proposal for $3,900 for two years.  This year would be free, with a guarantee of $650 per month for 6 months next year.  This will include 4 locations in Ballwin, which are the locations that were patrolled in the past.  Director of Parks and Recreation Bruer said that this will not include the Golf Course due to logistical problems at that location.  She said that a contract is not available at this time.  Alderman Fleming said that a contract is needed before the Board can approve the request and references can be checked. 

Alderman Terbrock said that having the dogs run the geese out of the city parks moves the geese to subdivision ponds.  He asked how this can be resolved.  He said the geese are going to be here no matter what we do.  Alderman Fleming said that we have chosen to follow the non-lethal program and that is as good as we can do.  There are thousands of these creatures and we are attempting to keep the population down by egg oiling. 

Alderman Finley asked for an explanation of the proposal.  Alderman Schmer said that the proposal is that over a 2-year period, he will give the first year free if we sign a contract for the second year at $650 per month with a 6-month minimum. 

Alderman Leahy suggested that payment be made for half of first year, and half for the second year.  If his service is not effective after the first year, we can cancel the service.  This will be one year with a one-year option, with the payment of half now and half later.  Alderman Schmer agreed. 

Alderman Finley said that he appreciates the work that Alderman Fleming has done on this item.  He said that he is concerned about spending any money on this.  He said that geese are migratory by nature and will come back.  He is willing to read any information that is provided.  He said that the Board may not be the correct governmental entity to address this issue and that perhaps St. Louis County should be consulted because they have a Department of Health and Animal Control services. 

A motion was made by Alderman Fleming and seconded by Alderman Leahy to instruct staff to get the proposal, submit it to City Attorney Jones for review, authorizing this to be done in two equal payments, and included under the City Administrator’s report at the next meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Financial Update:  A motion was made by Alderman Boerner and seconded by Alderman Fleming to supply quarterly financial updates in accordance with the analysis that was presented at this meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Alderman Suozzi and Alderman McDowell:  Alderman Fleming thanked Aldermen Suozzi and McDowell for their hard work for the city and the help that they gave him.  Mayor Pogue also thanked both retiring Aldermen for their dedicated service.  He said they taught him a lot when he was coming on the Board as a rookie alderman. 

Tall Grass:  Alderman Finley asked City Administrator Kuntz to check on the former Petco property at the corner of Manchester Road and Old Ballwin Road, due to the tall weeds on the premises.  Assistant City Administrator said that the notice has already been sent to the property owner. 

Thankful Recognition:  Alderman Michael Finley thanked his son for being present during his Oath of Office and family for bringing his son to the meeting.  He thanked Alderman McDowell for his help and together proved that contestants can run a gentlemanly race.  Alderman Finley thanked his Aunt Gail from Oklahoma for sending his first campaign donation.  He said that when times are tough, the two main people he relied on were his parents, and he thanked them for their help and support. 

Thanking the Audience of Citizens:  Alderman Ron Markland said that there are a lot of people who attended this meeting.  He said that too many of the times that he attended the Board meetings, he felt like he was the only one in the audience, sometimes with only 3, 4, or 5 people.  If a large group of residents attended the meetings on a regular basis, it will help everyone to better understand what is going on.  Not knowing usually brings up questions.  He thanked everyone who came to this meeting and said that he hopes they will attend in the future.

Adjourn:  A motion was made by Alderman Fleming and seconded by Alderman Terbrock to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:15 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC