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Board of Aldermen Meeting Agendas & Minutes

 

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

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

Board of Aldermen Meeting

Meeting Agenda

The Ballwin Board of Aldermen voted to approve a summer meeting schedule at their May 10 meeting.  The Board will meet on the third Monday of June and July and the fourth Monday of August.

Meeting Agenda click here

 

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
July 19, 2010

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

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

The Pledge of Allegiance was given.

MINUTES

The Minutes of the June 21, 2010 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Finley and seconded by Alderman Schmer to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS

J. C. Hagan, 209 Cool Meadows Dr.:  Mr. Hagan asked what would happen if the Board did not approve Bill # 3630?  He asked would the City then charge 27 cents property tax without current voter approval? 
He also said that there a many potholes on Clear Meadows that need repair.  He said that if the City needs more money for street repairs, don’t pass Bill 3630, and use the 27 cent property tax for street repairs. 

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3629 - AN ORDINANCE AUTHORIZING THE CONTINUED PARTICIPATION OF THE CITY OF BALLWIN, MISSOURI, IN THE MULTI-JURISDICTIONAL DRUG TASK FORCE ORGANIZED BY ST. LOUIS COUNTY.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a first reading of Bill No. 3629.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3629 was read for the first time.

Alderman Fleming asked what is the benefit to the City by designating a detective to this unit.  Police Chief Schicker provided the following information: 

Drug Task Force
Our involvement into the St. Louis County Multi-Jurisdictional Task Force provides and involves more than Ballwin providing a detective to St. Louis County.   We alone do not have the personnel, resources and time to handle drug investigations, which generally extend beyond our jurisdictional borders. 

Tangible Benefits
• Begin with providing our Department and the City with a group of highly trained narcotics investigators when conducting investigations. 
• Ballwin cases are handled and coordinated by our detective assigned to the Task Force, along with his Squad Supervisor. 
• In high risk entries the Task Force has exclusive access to the St. Louis County Tactic Unit.
• Federal Resources directly connected to the Task Force.
• Unlimited training provided to our detective free of charge.
• Receive Federal Asset Forfeiture Funds that would not be available to us since we would be limited on the extent in which we could work a narcotics case on our own.
• Federal Asset Forfeiture Funds are utilized for items not within the normal operating and capital budgets.

Intangible Benefits
• Intelligence network beyond that available through normal professional means.
• Extensive contacts of state and federal agencies outside standard law enforcement interactions.
• Developed rapport with US Attorneys Office.
• Free training to personnel within our agency not assigned to the Task Force.
• Cooperative effort in fighting Drug Crime on a Regional Basis, a Public Safety concerned of Ballwin residents shared by citizens throughout St. Louis County.

Alderman Fleming asked if we did not participate in the Federal Asset Forfeiture Funds, would we no longer receive these funds?  Police Chief Schicker said this is correct.  Alderman Fleming asked how many other municipalities in St. Louis County participate?  Police Chief Schicker said that participating municipalities are Manchester, Ferguson, St. Charles City, Jennings, Bellefontaine Neighbors, Chesterfield, Webster Groves, Dellwood, and Woodson Terrace. He said he does not know why Ellisville and other municipalities do not participate.  He said that there are a few that have opted to use a DEA funded task force.  They do not handle local and smaller drug investigations.  Those municipalities are required to handle such investigations on their own.  Alderman Fleming asked if each municipality supplies a detective.  Police Chief Schicker said that some supply two detectives.  This is a task force of approximately 60 investigators.  He said that the Ballwin Police Department does not have the resources for HAZMAT ability to handle those scene investigations.  This is part of the task force and the resources within the task force. 

Alderman Fleming said he wanted to be sure that our manpower was not being used to fight someone’s battles.  If we can make good use of the program within the City of Ballwin, it is to our benefit to keep the production of methamphetamine out of Ballwin. 

A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a second reading of Bill No. 3629.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3629 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3629 with the following results: 
Ayes – Fleming, Terbrock, Schmer, Markland, Finley, Leahy.    Nays – None.  Bill No. 3629 was approved and became Ordinance No. 10-19.

BILL # 3630 - AN ORDINANCE SETTING THE REAL ESTATE TAX RATE OF ZERO (0%) PERCENT IN THE CITY OF BALLWIN FOR THE FISCAL PERIOD BEGINNING JANUARY 1, 2010 AND ENDING DECEMBER 31, 2010.

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a first reading of Bill No. 3630.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3630 was read for the first time.

Alderman Fleming asked what would happen if Bill 3630 did not pass.  City Attorney Jones said that without direction from the City of Ballwin, St. Louis County will not collect the tax.  Alderman Terbrock asked if the City could start collecting the property tax without voter approval if Bill 3630 did not pass.  City Attorney Jones said that Ballwin still has the 27 cent tax.  Implementing, collecting, and reporting and figuring into the basic windfall provisions of the State Statute, and how the 27 cent property tax could be reinstated after 22 years is very complicated and has been avoided.  City Administrator Kuntz said that the Board policy has been to address this on an annual basis.  Alderman Terbrock said that the residents had an opportunity to vote on this issue and it was declined. 

Alderman Schmer said that the Board is not in favor of reinstating the property tax without voter approval. 

Alderman Finley said that during his campaign earlier this year, the residents were adamant about keeping the 0% rate. 

Alderman Leahy said that he hopes the residents of the City of Ballwin understand that when property tax is paid at the end of the year, every dime goes to St. Louis County.  Ballwin does not get any of the property tax that is collected by St. Louis County. 

A motion was made by Alderman Terbrock and seconded by Alderman Fleming for a second reading of Bill No. 3630.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3630 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3630 with the following results: 
Ayes – Terbrock, Fleming, Leahy, Schmer, Finley, Markland.    Nays – None.  Bill No. 3630 was approved and became Ordinance No. 10-20.

BILL # 3631 - AN ORDINANCE AMENDING RESTRICTIONS ON WEEDS AND VEGETATION.

A motion was made by Alderman Terbrock and seconded by Alderman Fleming for a first reading of Bill No. 3631.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3631 was read for the first time.
Alderman Finley asked what is the reason for the statement in Section E, that such trees shall be planted at the rate of 1 tree per 650 square feet of gross land area.  He asked why the distance is so large.  City Attorney Jones said that he does not know the reason for this amount of distance.  The information was supplied by Assistant City Administrator Aiken. 

A motion was made by Alderman Terbrock and seconded by Alderman Leahy to hold over this legislation for further discussion.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Finley said that he has some suggestions to add to the draft legislation and will forward this to City Attorney Jones.

BILL # 3632 - AN ORDINANCE AMENDING THE NEIGHBORHOOD COMMERCIAL OVERLAY DISTRICT APPROVED PER ORDINANCE 09-20 FOR CERTAIN LAND AT CLAYTON ROAD AND HENRY AVENUE IN THE CITY OF BALLWIN CURRENTLY ZONED C-1 COMMERCIAL AND COMMONLY KNOWN AS LOT 3 OF THE BALLWIN GROVE SUBDIVISION.

A motion was made by Alderman Terbrock and seconded by Alderman Markland for a first reading of Bill No. 3632.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3632 was read for the first time.

Alderman Markland said that a Neighborhood Commercial Overlay District was established for this area.  When the Board was discussing the Schnucks store at Kehrs Mill and Clarkson, a lot of the conversation revolved around whether it was applicable.  The same thing has taken place at Henry and Clayton.  He said that it seems that this legislation is amending the plan at Clayton and Henry that was considered very good.  He said he doesn’t understand what the amendment is.  At one point, it sounds like they are building closer to the street now because we want them to build closer to the street, instead of the setback being greater than 30 or 35 feet.  He asked what the changes are.  Why was the first plan so bad that it has to be amended? 

City Attorney Jones said that during the process of the Public Hearing on what became Ordinance #09-20, a mixed use development was proposed and approved for that site.  Initially, the assisted living facility at the south end of the site was part of the presentation by the petitioner.  By the time it reached the Board of Aldermen level, it was withdrawn because there was not a user for the facility at that time.  It was always anticipated that it would be part of this mixed use development.  He said in Ordinance # 09-20, which was approved initially adopting the Neighborhood Commercial Overlay designation for this area, it incorporates by reference the site plan.  The site plan does not include the assisted living facility.  He said Bill # 3632 incorporates, by reference, the site plan, in Section 1 of this Bill (Site Development Plan attached hereto and made a part hereof).  He said the site development plan is in the file in front of City Administrator Kuntz.  This plan was discussed at the Public Hearing that was held on July 6.  The most recent meeting for the Planning & Zoning Commission, at which a new Public Hearing was held and that was the only amendment that was proposed to Ordinance # 09-20. 

Alderman Fleming said that the Petitioner addressed all of the concerns from the previous meeting and have come up with an attractive facility.  They have addressed the neighborhood screening, noise, lights, and everything that the surrounding neighborhoods asked for.  He said that he is satisfied that this is an acceptable development for this area. 

A motion was made by Alderman Fleming and seconded by Alderman Leahy for a second reading of Bill No. 3632.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3632 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3632 with the following results: 
Ayes – Fleming, Terbrock, Schmer, Leahy, Markland, Finley.    Nays – None.  Bill No. 3632 was approved and became Ordinance No. 10-21.

BILL # 3633 - AN ORDINANCE ADOPTING A MANCHESTER ROAD REVITALIZATION OVERLAY DISTRICT FOR CERTAIN LAND COMMONLY KNOWN AS 14747 MANCHESTER ROAD IN THE CITY OF BALLWIN AND CURRENTLY ZONED C-1 COMMERCIAL.

A motion was made by Alderman Markland and seconded by Alderman Leahy for a first reading of Bill No. 3633.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3633 was read for the first time.

Alderman Fleming asked about the trees along the back of the property.  Mayor Pogue said that there was a discussion in the Planning & Zoning meeting regarding the trees on the northern boundary of the property and to determine the possibility of re-arranging the parking lot by shrinking some of the spaces to accommodate saving more of the trees along the border and creating a larger buffer zone.  Rachel Fertino, with TRI Architects, 9812 Manchester Road, St. Louis, MO 63119, said this has been studied, and he introduced Mike Vonderhide, Cole & Associates, 10777 Sunset Office Drive, Sunset Hills, Mo 63127.  Mr. Vonderhide said that further changes have been evaluated to the curb line and the buffer.  The same loss of trees resulted with the plan that was presented at the Planning & Zoning meeting.  The proposed curb line would still be in close proximity to the trees, and the associated grading construction of the curb would still require the removal of the trees. 

Alderman Fleming said that it was reported that some of the trees are already distressed.  Jeremy Roach, Registered Landscape Architect, Cole & Associates, said that the scotch pine tree is dead.  The trees were planted on fill material during the original construction.  The longevity of these trees has been lessened because of this and more susceptible to diseases that white pines experience. 

Alderman Fleming said that one resident felt that the screening is adequate without the trees.  He said it sounds like the parking lot cannot be reconfigures to save the trees.  A reasonable effort has been made to save the trees. 

Alderman Finley said that the residents want to know if there is any practicality to take the fence back to the south and save the bulk of the trees.  The Architects said that this has a big impact on the site design, especially the grading.  There have been several issues presented by the residents and most of them have been addressed.  One resident had water runoff onto her property.  Changing the grade will make the problem worse.  There was another request to have the fence up higher.  To solve one issue, it may have an impact on two or three, according to the architect..  He said they have gone above and beyond to solve the issues.  The trees will most likely die as a result of the grading around the trees.  He asked for the Board’s approval as a result of making extreme efforts to solve the issues that are important to the residents. 

Alderman Terbrock asked if pervious pavement was considered for the back parking lot.  The architect said the pervious pavement is a maintenance issue and they are not sure of the validity of it in this area.  He said they have and will meet all of the MSD requirements.  He said that the parking lot lights will be on only about 50% of what the normal car dealerships use.  The lights will be completely off at 10:00 p.m.  He doesn’t know of any car dealership in St. Louis County or the State of Missouri that the lights are completely off in the storage area and find it completely dark. 

Alderman Schmer said that he is very pleased with the adjustments that have been made to accommodate the desires and concerns of the neighboring residents. 

Alderman Finley said that this is a very good proposal and the architects took time to visit with the neighboring residents, making their concerns a high priority.  This will be a good commercial neighbor and a good Ballwin business. 

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a second reading of Bill No. 3633.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3633 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3633 with the following results: 
Ayes – Terbrock, Leahy, Schmer, Fleming, Finley, Markland.    Nays – None.  Bill No. 3633 was approved and became Ordinance No. 10-22.

BILL # 3634 - AN ORDINANCE REPEALING CERTAIN EMPLOYEE, ELECTED OFFICIALS AND SPECIAL EVENTS POLICIES.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a first reading of Bill No. 3634.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3634 was read for the first time.

Alderman Markland asked if this ordinance is deleted, how will these policies be maintained?  City Administrator Kuntz said that the policies contained in Ordinance 2537 will be covered in the Board Policy Manual.  When the process was started, it was streamlined to make the information more transparent.  The policies in Ordinance 2537 are informal and have in internal operations nature, that unlike street cleaning, stop signs – things that have a generic application, would be much better suited to be in the Board Policy Manual.  It will still be of record for consistency.  It’s not appropriate to use the ordinance method to change the internal policy of who gets flowers for a funeral or hospital stay.  It is the opinion of City Administrator Kuntz that these policies were incorrectly placed into an ordinance in the beginning. 

A motion was made by Alderman Markland and seconded by Alderman Leahy for a second reading of Bill No. 3634.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3634 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3634 with the following results: 
Ayes – Markland, Terbrock, Leahy, Finley, Schmer, Fleming.    Nays – None.  Bill No. 3634 was approved and became Ordinance No. 10-23.

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. Semi-Annual Financials

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

MAYOR’S REPORT

Bill # 3626 Cell Tower in Ferris Park:  Mayor Pogue asked that City Administrator Kuntz give an update at the request of a resident.  City Administrator Kuntz said that the company is in the process of doing studies to determine whether an alternative location, rather than the one that was presented and approved by the Planning & Zoning Commission, which was adjacent to the restroom facility, if the tower could be in a less visible location such as by the edge of the woods, by the soccer field.  They did studies to determine if this is feasible from a topographical standpoint, if this would significantly alter what they have submitted to the Planning & Zoning Commission for original approval.  He said he hopes to meet with representatives from the company next week.  There will be an informal discussion and the company will have to make a decision what they want to present to the Board of Aldermen.  The issue is on hold pending their request and also addressing citizen concerns that have already been discussed.

William Fox, 626 Nanceen Court:  Mr. Fox said his property abuts the south side of Ferris Park.  He presented a petition for the subdivision’s opposition to the cell tower.  The petition is based on four factors:  1) that the petitioner materially submitted an incorrect application based on city ordinances; 2) due diligence was not exercised by the Planning & Zoning Commission based upon the fact that the telecommunications map is not available to be viewed to make adjudication on whether the tower can be put in the right place; 3) property values will be reduced.  Substantiating facts are included in the petition.  He said that they would like to be informed when there is a meeting with the tower company.  Mr. Fox said that he has been very impressed by this Board’s consideration of the residents and are concerned about their issues.  He asked that the Board use the same consideration regarding the residents’ concerns for the tower in Ferris Park.

CITY ADMINISTRATOR’S REPORT

Destruction of Records:  City Administrator Kuntz said Finance Officer Loehr has provided additional clarification.  This is a proposal to obtain authorization for the destruction of certain financial paper documents, in accordance with the provisions of State Statutes.

Alderman Schmer asked the records had been destroyed after this issue was presented previously, would we have been in violation of State law.  Finance Officer Loehr said no.  City Administrator Kuntz said that we are exceeding the State standard.  We are holding back more years than is required.  The only site for storage is the lower level of the Government Center which is now shared by the evidence area for the Police Department and other departments.  The storage is not related to an original book of ordinances or the Minutes of the Board of Aldermen meetings.  These are transactions such as purchase orders, cash receipts, invoices.  The State says that microfilm is the only permanent form of retaining the documents.  A DVD has also been used for storage and scanning.  Alderman Schmer said that he is satisfied with this procedure. 

A motion was made by Alderman Fleming and seconded by Alderman Schmer to approve the destruction of public records as detailed in the Finance Officer’s July, 2010 memo.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Drainage and Creek Cleaning Policy:  City Administrator Kuntz said the policy of Drainage and Creek Cleaning in Section 2 was held over for clarification.  The City Engineer has reviewed the comments and provided suggestions. 

Alderman Fleming asked about the statement “may fund necessary repairs” since this is usually on private property.  City Attorney Jones said that the language is used that it has to endanger a habitable structure, which is the inundation of a living space.  City Attorney Jones was in approval. 

A motion was made by Alderman Terbrock and seconded by Alderman Fleming to accept the policy as recommended by staff.  A voice vote was taken with a unanimous affirmative vote of 6-0 and the motion passed.  City Administrator Kuntz explained that by a unanimous vote, substitution will be made in the Policy Manual this section. 

Drainage Issue:  City Administrator Kuntz said that, at the Board’s request, City Attorney Jones has prepared a legal opinion on the drainage issue at 557 Burlington Mill, and the other issue which was called to the Board’s attention by Alderman Fleming. 

Alderman Fleming said that at this point, the resident should be notified of the city’s position and to offer assistance to get help from MSD.  The city cannot fund the repairs on private property. 

City Attorney Jones said that the city installed the riprap bags on private property in the early 1980s.  The only way to know who has responsibility for the fee title to the property is to run a title search.  If the Board decides to do this, an easement should be pursued so that the city has the right to go on private property and to install, maintain, and take responsibility for the wall.  Once the city does this, it will be forever.  He said the city doesn’t have any obligation to do anything. 

Alderman Terbrock asked if the homeowner chooses to do this himself, what would be necessary since this is his property?  City Engineer Kramer said that he would have to get a permit from the Corps of Engineers.  Alderman Fleming it appears that at this point, the property owner should prove that this is on Ballwin’s property.  City Attorney Jones agreed. 

Manchester Road – Memorandum of Understanding:  City Administrator Kuntz said this is an informal extension of the commitment to support the Great Streets Initiative.  All the cities have been asked to do this to demonstrate solidarity and also to take advantage of any funding opportunities as a group as opposed to solo application.  It was drafted by the East/West Gateway Coordinating Council.  They have requested and recommended this action. 

Alderman Schmer said that he is not an opponent but he has not been a proponent.  He said there are a lot of unanswered questions or misunderstandings about where funding is coming from.  He asked who paid for the Memorandum of Understanding to be written?  City Administrator Kuntz said that East/West Gateway’s mission is to support local governments within the bi-state region through memberships.  This is the regional planning commission that is the pass-through for federal funding and transportation related projects. 

Alderman Schmer asked if Metro is paying for this.  Part of the commitment is that we will cooperate and coordinate with Metro and provide Metro staff with information and support to help them market transit services to the cities and further Metro’s implementation of its long range plan…..  He said that this is the same Metro that we passed a giant tax increase for.  He said we are committing to essential give them what they want.  Mayor Pogue said that this is just to work with their staff to help develop a corridor within the plan.  City Administrator Kuntz said that one of things Metro promised with respect to their presentation was that they wanted to deliver a type of expanded and responsive service to the West County corridor.  When it comes to funding applications, it’s the only public system we’ve got.  This is an opportunity to work together. 

Alderman Schmer said he still does not know who paid an individual to write the Memorandum of Understanding.  City Administrator Kuntz said it is the East/West Gateway Coordinating Council Planning Commission.  They get a certain amount from the Federal Government to administer their planning department.  The rest comes from projects. 

Alderman Schmer said that his biggest concern is so that we don’t put a whole lot of federal, state, and city government into a plan that may end up on the shelf and eventually won’t be able to be funded. 

Mayor Pogue said that there is a large committee of local businesses that are behind this plan.  It will be funded by a lot of property owners.  Alderman Schmer said that this has long-range benefits for Ballwin businesses.  This is an expansive project that will probably take between 10 – 20 years to complete.  Then the statement is made that this is not a binding contract, but an expression of cooperative goodwill.  He said he still does not know how this is being paid for.

City Administrator Kuntz said that when all the meetings were held, this was originally supposed to be funded by a portion from each city.  Two years ago, Ballwin paid in $65,000, which was budgeted for this purpose.  At that time, East-West Gateway advised that this falls under the guidelines of the federal stimulus program.  The local money was not needed.  The million dollar study could be funded through a federal stimulus grant.  It fell within the guidelines and no one had to contribute.  City Administrator Kuntz said that project is 99% done.  This becomes the roadmap of what will be done in the next 20 years.  This is the next step from the actual plan to the implementation phase. 

City Administrator Kuntz said that if all the cities approve this plan, the next step is to have a coordinator to put it all together.  At that time, some funding allocation has to be determined.  All five cities have to agree to work together.  If this does not happen, a lot of this is moot. 

Alderman Markland asked if all the cities agree to the Memorandum of Understanding, will funds have to be set aside in the budget for this position?  City Administrator Kuntz said yes.  This will be an employee of East-West Gateway and the cities will be involved as a Board of Directors.  The West St. Louis County Chamber of Commerce has agreed to provide a space for the Great Streets Coordinator position and clerical support if necessary. 

Alderman Leahy asked if by voting in favor of the Memorandum of Understanding, no funding is committed to in the future.  City Administrator Kuntz said that is correct. 

John Sullivan, co-owner and partner of Pet Supplies Plus, and a member of the Chamber of Commerce, said that he has been asked to oversee the Great Streets Initiative.  He said that $2.2 million was agreed upon by the Mayors.  That has been spent.  He said that if the Memorandum of Understanding is not supported and signed, the $2.2 million will be wasted.  The intent is that the Mayors and Aldermen of the five cities to sign and agree to this, get it to Jefferson City, and then the East-West Gateway will start forming into a power to get federal and state money.  He said it is his understanding that this is a 30-year project. 

Alderman Finley said that his problem is with the document.  He said there are too many words that are binding, such as endorse, support, commit, with the clause at the end that this is not a binding contract. 

City Administrator Kuntz said that the document is an effort to demonstrate commitment to the concept and was written by an attorney, Maggie Hales, who is the interim Executive Director of East-West Gateway. 

City Attorney Jones said he believes that there is nothing binding in the document.  Alderman Terbrock said that this document was drawn up in this fashion just to see if everyone is still committed to the program. 

Alderman Fleming asked if the other cities have signed the document?  He said it’s not on Ellisville’s meeting agenda for Wednesday night.  He suggested that a phone call be made to encourage them to do this.  He said that since this is not a binding contract, the Board should support this.  The program is already underway.  The Nissan approval is a sign of this.  He said he is in favor of approval.

Alderman Finley asked if City Attorney Jones should draft a revision.  City Attorney Jones said that would never be accepted by the group.  He does not see any problem with the document in terms of binding the Board to some future action.  It is merely an affirmation of support for the policy, which began with the implementation of the 2007 Strategic Plan.  A good example is the Manchester Road revitalization overlay district that was applied to the Nissan petition at this meeting. 

Alderman Markland asked if Paragraph 14 could be amended to state that if we decide that the program does not fit our goals, we could advise them of this.  City Attorney Jones said this could be done. 

A motion was made by Alderman Markland and seconded by Alderman Leahy to authorize Mayor Pogue to sign the Memorandum of Understanding with the understanding that this is not a binding contract, but solely an expression of cooperative goodwill to further the coordinated work and if at some future point things change to a point where the Ballwin Board of Aldermen is uncomfortable, it can be revoked. 
A voice vote was taken with the following result:  Aye:  Terbrock, Markland, Schmer, Fleming, Leahy.  Nay:  Finley.  The motion passed by a vote of 5-1. 

25 Years of Service:  City Administrator Kuntz said that on July 8, Marie Clark, Recording Secretary and City Clerk, marked a milestone of 25 years of service with the City of Ballwin.  This is a recognizable distinction and this length of service is a good testimony to her loyalty and service to the community.  Mayor Pogue and the Board of Aldermen thanked Ms. Clark for her dedication and commitment. 

CITY ATTORNEY’S REPORT

Sewer Lateral Lawsuit:  City Attorney Jones said the cities have together argued and submitted a motion to dismiss, which is under submission to the court at this time.  The only pending deadline in the case is a motion hearing on July 30.  The plaintiffs have attempted to amend their petition while the motion dismiss is under submission, which we intend to oppose on July 30, at least until the Judge has ruled upon what he already has before him. 

Creek Maintenance:  City Attorney Jones said this was discussed earlier in this meeting.

T-Mobile Case:  City Attorney Jones said that the T-Mobile case has now been settled, which means that the class has obtained preliminary approval for the settlement that was reached with all of the cities.  The protest lawsuits that he is defending on behalf of the City, of which there are nine, will all be settled as well.  He said a claim form was received today.  The City of Ballwin is going to receive the right to keep the monies that have been paid under protest, which is approximately $200,000.  That number is yet to be determined.  There were some funds that were paid to the City under protest, but no lawsuit was found to perfect those protest actions.  This is the difference between the numbers that were looked at today.  He said he will be presenting an ordinance at the August 23 Board of Aldermen meeting to approve the settlement, which is part of the submission claim form.  The claim form has to be sent back with our approving ordinance by September 14. 

Louis Greenburg’s Appeal:  City Attorney Jones said the appeal from the criminal conviction was dismissed last Thursday, following a motion that was filed by the Prosecuting Attorney.  Mr. Greenburg’s attorneys today filed a motion to try to reinstate the appeal, which he believes will be unsuccessful because a late appeal is ordinarily a jurisdictional flaw and the court probably will not reinstate this appeal.  Ballwin’s Prosecuting Attorney has filed a motion to forfeit Mr. Greenburg’s bond to pay damages to the city and to order Mr. Greenburg to serve the rest of his sentence in the St. Louis County jail.  Those actions are now pending.

Telecommunication Case:  City Attorney Jones said a new Telecommunications Case has been filed.  The class action initiated by the City of Winchester against Charter Communications.  This has to do with Charter’s role as a telephone company, not as a cable company.  It is very similar to the allegations to the AT&T case.  The similar kinds of things are the land line telephone service has not been paying all the taxes that should have been paid, no protest actions have been filed.  This is simply a class action that we will monitor.  Ballwin is one of the cities that have been identified in Charter’s service area.  Ballwin has the fifth largest entitlement in funds in the new Charter lawsuit.  City Attorney Jones said he has a copy of the judgment petition, which is available for review.

STAFF REPORTS
None.

ALDERMANIC COMMENTS

MSD Fees:  Alderman Fleming said that it was in the newspaper that a judge stated that MSD cannot collect fees for storm water services.  He asked if City Attorney Jones has knowledge of this.  City Attorney Jones said he has not heard this.  Alderman Fleming said he will give this information to City Attorney Jones for a report at the next meeting.

Surcharges:  Alderman Terbrock said a couple of years ago, there was a surcharge on bills because of the lawsuits.  He asked if there is a sunset clause on these charges.  City Attorney Jones said there should be a sunset clause or a monitor of the collection.  He said it is a matter of contract.  If the user contract provides that they can recover fees and taxes paid to a municipality, and they do because all of the contracts say this, they shouldn’t be allowed to collect more than what they pay.  He believes someone will be monitoring this, perhaps a class action attorney.  The right to recover is a matter of contract between the company and its customer. 

Concert Series:  Alderman Terbrock said that the last concert is August 3.  The concert series has grown as hoped it would.  This is also National Night Out.  Hillbilly Authority is the band that will be entertaining on August 3.

Document Shredding:  Alderman Finley asked about the document shredding event.  Police Chief Schicker said that this is scheduled for July 31, from 10:00 a.m. – 2:00 p.m., at the parking lot of Selvidge Middle School, 235 New Ballwin Road.  There is a donation of $5 per box of paper to be shredded. 

Paving Streets:  Alderman Markland suggested that the City Engineer provide a report for Board review of the strategy to make street paving decisions of asphalt vs. concrete.  City Engineer Kramer said that sometimes there is concrete under the old asphalt.  The condition of the concrete varies and the overlay cannot be removed before a decision is made.  City Administrator Kuntz suggested that this discussion be held prior to the budget preparation for the upcoming year.  Alderman Markland said he believes the Public Works Committee should have this discussion. 

Potholes on Cool Meadows:  Alderman Finley asked if there is any comment regarding Mr. Hagan’s comments about the potholes on Cool Meadows.  City Engineer Kramer said that the potholes will be filled and is in progress.  He said that pothole patching crews are working on the problem every day. 

Adjourn:  A motion was made by Alderman Fleming and seconded by Alderman Finley to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:55 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC