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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 and Budget Work Session

Meeting Agenda

A Budget Work Session for 2012 will be held on October 10 at 5:30 p.m., preceding the regularly scheduled Board of Aldermen meeting, in the Board Room of the Donald “Red” Loehr Police & Court Center, 300 Park Drive.

All meetings are open to the public and the building is handicapped accessible.

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation.  If you are a person requiring assistance, 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.

Meeting Agenda click here

 

 

Meeting Minutes

MINUTES 2012 BUDGET WORK SESSION
City of Ballwin
October 10, 2011

The Budget Work Session for 2012 was called to order at 5:32 p.m. by Mayor Pogue.  In attendance were Aldermen Terbrock, Finley, Harder, Fleming, Leahy, Boerner and Kerlagon.  Also in attendance were City Administrator Kuntz, Assistant City Administrator Aiken, Finance Officer Loehr, Chief of Police Schicker, Director of Parks and Recreation Bruer, Director of Public Works Kramer, and City Attorney Jones.

City Administrator Robert Kuntz presented his memorandum on salaries and fringe benefits.  The pay plan has not been followed due to the financial situation in past years.  He recommended a 2% salary adjustment based on merit for 2012, depending on revenue projections.

Personnel has been reduced to 67% in recent years.  Even though we are a full-service community, this is slightly less than similar cities in the area.  He said he expects to finish 2011 very close to budgeted amounts.  Since there has been very little turnover, there won’t be a lot of money left unspent at the end of the year. 

City Administrator Kuntz said that we have an aging personnel organization.  He expects that over a short period of time, there will be a relatively large percentage of senior staff that will leave the city employment.  He said the Board may want to consider options and incentives to address this issue. 

Alderman Kerlagon cited reports suggesting 2-3% increases in most companies.  The Federal government projects 3% inflation in 2012.  City Administrator Kuntz said that we would be reluctant to recommend more than 2%, given the current financial expectations. 

Parks & Recreation
Director of Parks & Recreation Linda Bruer presented the 2012 budget for Parks & Recreation.  She presented a 5-year history of expenditures.  The Pointe debt will be retired in 2012 and the North Pointe debt will be retired in 2013.  The Parks tax will be about $1.2 million in 2012 with total revenue about $3.8 million.

Parks Program
Parks maintenance, host structures, recreation assistance
Ferris Park:  New land development in 2013 – 2014 with grants.
New Ballwin Park:  The facilities are aging and out of date playground equipment.
Vlasis Park:  The expenses are mostly maintenance, with no new facilities in 5 years.  She said soil may be brought in to raise the ball field.

Wildlife Maintenance:  The geese control program will be continued.
Forestry:  It is the goal to keep the “Tree City” status and increase contractual maintenance.
Ballwin School House:  The project is essentially complete.  There are minor things that need to be done.
Log Home:  This structure still needs log replacement.  It will also need a new roof within 2 – 3 years.
Future 5 years:  Ferris Park, New Ballwin Park, Holloway Park maintenance
The Pointe playground needs resurfacing. 

Golf Course:  This facility was purchased in 1972.  There are usually 32,000 rounds per year.   The maintenance road is in need of repair and online reservations should be added.  Golf carts should be replaced annually. 

The Clubhouse utilization is up.  Better use of the patio area should be considered with replacement of the door leading to the patio.  Expanding marketing for weddings would also be beneficial. 

Future:  The irrigation system needs replacement, which will cost approximately $750,000.  This can be leased.  The parking lot needs replacement in the next 2 – 3 years at an approximate cost of $250,000. 

North Pointe:  This facility is now 10 years old.  It has to be kept in good shape, looking good and new equipment purchased.  The weather impacts operations and revenue.  Utilities are 30% of the budget at the North Pointe.  Lifeguard certification fees are going up.  The facility needs painting and some equipment replaced. 

The Pointe At Ballwin Commons:  This facility opened in 1996.  This program and facility includes the operation of the community center, as well as the cost of recreation programs.  The staff has management responsibilities associated with the center and year round recreation program assignments.  It has been the philosophy of staff that all recreation programs should operate on a 100% direct cost recovery basis.  The center serves over 300,000 guests in a year and has ranged from approximately 80% cost recovery to over 100% cost recovery during its 16-year history.  The original feasibility study completed at time of design indicated an 80% cost recovery should be expected based on demographics, competition, and building components.  In 2010, 100% cost recovery was achieved which is unusual for a facility of its age and purpose. 

Construction of The Pointe was financed by general obligation bonds which will be retired next year.  Although the program areas continue to se4rve the residents well, there are areas of the facility that would benefit from updates from a mechanical, operational, and aesthetic perspective.  As with the North Pointe Aquatic Center, it will be important moving forward that the facility remain current from a programming and equipment standard in order to insure guest satisfaction and continued financial success. 

The gym and aerobics room floors are refinished every two years and 2012 would be the year for this to be done.  Therefore, $5,000 has been budgeted for this maintenance item.  $11,500 has been budgeted to replace the original natatorium chemical controllers.  This monitors the chlorine, and the use of the UV.  This should provide better air and water quality and lengthen the life of UV system bulbs.

Building Systems:  This program includes salaries, supplies and equipment to clean and maintain all city facilities including The Pointe, Golf Clubhouse, Government Center, Police Department, North Pointe Aquatic Center, and the Public Works garage and offices.  Staff is also responsible for renovation and construction projects based on their expertise and as time permits.  It is recommended that $6,500 be budgeted to replace the 27 year-old leaking roof.  An additional floor scrubber is needed for use at The Pointe and other city buildings.  It is used daily on every floor with the exception of the gym and aerobics room.  The cost of this equipment is $6,000. 

Ballwin Days:  This program includes the expenses for supplies, rental equipment, contractual services and overtime for Police and Park staff for the weekend of the festival.  In 2011, with new leadership, sponsorships and donations increased and a number of activities generating renewed enthusiasm were offered for the first time.  This is another program that depends on good weather to reach optimum revenue generation.  In 2011, the festival fell short of reaching 100% cost recovery, however, with a full year of planning time available to the committee, a new marketing plan in place, confirmed volunteer support from the CERT unit, and good weather, it is anticipated that the festival will break even in 2012. 

Alderman Leahy asked how much does Parks & Recreation lose in a year considering all revenues?  Ms. Bruer said about $600,000.  Alderman Boerner asked if this will be better after the debt is paid off.  Finance Officer Loehr said yes.  Alderman Boerner said he would like to know what the cash flow impact will be after the debt is reduced. 

Alderman Harder asked about the results of the coop with the city of Creve Coeur on the golf course.  Ms. Bruer said they do not have the results yet.  City Administrator Kuntz said this did not begin until July, and at that time, the weather was very hot. 

Alderman Harder asked about the number of Golf Clubhouse bookings.  Deputy Director of Parks John Hoffman said the Clubhouse is booked every Saturday through the end of 2011. 

Alderman Finley asked if there was a need to have electricity on the island dock in New Ballwin Park.  Ms. Bruer said this would be part of the new plan for the park, however, bands don’t like being that far from the crowd. 

Alderman Finley asked if there has been any more consideration to hiring an arborist?  Ms. Bruer said she has been trying to avoid this due to staff cost.  Using a contracted arborist is less expensive.  City Administrator Kuntz said that the city of Maplewood utilizes this approach.

Alderman Harder asked for a multi-year spread sheet of the needs of the department.  City Administrator Kuntz said that he believes a policy decision is needed relative to Ballwin Days procedures and costs.

Alderman Fleming asked, looking forward to a 5-year plan, what are future grant options?  Ms. Bruer said the Park tax will be directed to the many expenses outlined in the presentation.  Alderman Fleming asked, in 2012, are we at the point that some of this be done sooner rather than later?

Alderman Harder asked if there are any plans for more picnic shelters.  Ms. Bruer said another shelter would be beneficial on The Pointe grounds.

Adjourn:  A motion was made by Alderman Leahy and seconded by Alderman Boerner to adjourn the Budget Work Session.  A voice vote was taken with a unanimous affirmative result and the meeting was adjourned at 6:56 p.m.

Tim Pogue, Mayor

ATTEST:
Robert Kuntz, City Administrator 
October 10, 2011


MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
October 10, 2011

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

             PRESENT                                                                ABSENT
MAYOR TIM POGUE                                         ALDERMAN SHAMED DOGAN – OUT OF TOWN ON BUSINESS
ALDERMAN JIMMY TERBROCK 
ALDERMAN MICHAEL FINLEY 
ALDERMAN MARK HARDER 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
ALDERMAN RICHARD BOERNER 
ALDERMAN KATHY KERLAGON 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES
The Minutes of the September 26, 2011 Budget Work Session were submitted for approval.  Alderman Finley amended the Minutes as follows: Insert the word “are” in the first line of page 2.  A motion was made by Alderman Boerner and seconded by Alderman Harder to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the September 26, 2011 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Terbrock and seconded by Alderman Kerlagon 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. Hagen, 209 Cool Meadows:  Mr. Hagen said that the City will take down trees in the right-of-way, but doesn’t remove the stumps.  With the chipper (root cutter) that was recently purchased, the old stumps could be removed.  There are a lot of them and they are unsightly.  Mr. Hagen also said that the third most expensive item at the golf course is water.  He suggested that the city look into the possibility of digging wells to supply the golf course’s own water.  The savings would pay back over a short period of time.  He said there are springs all over the place.  There are areas on the golf course that have never dried out.  He said he doesn’t know what it costs to dig a well and to run the pumps.  He suggested getting bids to determine the cost.

PUBLIC HEARINGS
None.
NEW BUSINESS

LEGISLATION
BILL # 3703 - AN ORDINANCE ACCEPTING CLAYTON CORNERS DRIVE FOR PUBLIC MAINTENANCE AS PROVIDED FOR IN THE CODE OF ORDINANCES OF THE CITY OF BALLWIN.

A motion was made by Alderman Fleming and seconded by Alderman Leahy for a first reading of Bill No. 3703.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3703 was read for the first time.

A motion was made by Alderman Boerner and seconded by Alderman Terbrock for a second reading of Bill No. 3703.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3703 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3703 with the following results: 
Ayes – Boerner, Terbrock, Fleming, Leahy, Kerlagon, Finley, Harder.  Nays – None.  Bill No. 3703 was approved and became Ordinance No. 11-47.

BILL # 3704 - AN ORDINANCE BANNING THE SALE OR POSSESSION OF SYNTHETIC CANNABINOID AND BATH SALTS.

A motion was made by Alderman Terbrock and seconded by Alderman Finley for a first reading of Bill No. 3704.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3704 was read for the first time.

Alderman Finley said in Section 17-61 (a), “his control” should be “his/her control”.  In item (b), he asked if “unauthorized” should be changed to “illegal”.  City Attorney Jones said sub-section (b) is how it currently appears.  “I assume we’ve been prosecuting it to this point as the possession of paraphernalia for the use of any controlled substance.”  Police Chief Schicker said, “You can have a regular smoking pipe for tobacco and put marijuana in it or synthetic cannabinoid, and that would make it paraphernalia violation.  That’s not the intended use for that object.”  City Attorney Jones recommended not changing this item. 

Alderman Finley asked about the numbering of 5, 7 and 40.  City Attorney Jones said, “5 and 7 are existing sections of RSMo 195.010.  Section 40 is a new section that was added by the House Bill that was given to us by Police Chief Schicker at the last meeting.  It’s paraphernalia if its used illegally for other than the intent for which it was manufactured.”

Alderman Harder asked, “If they just have that in the car and don’t have the synthetic substance, is that enough to be prosecuted?”  City Attorney Jones said, “It would have to have residue in it. 

A motion was made by Alderman Finley and seconded by Alderman Fleming to amend paragraph (a) to state “his/her control”.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Boerner and seconded by Alderman Fleming for a second reading of Bill No. 3704.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3704 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3704 with the following results: 
Ayes – Boerner, Terbrock, Leahy, Finley, Fleming, Kerlagon, Harder.  Nays – None.  Bill No. 3704 was approved and became Ordinance No. 11-48.

BILL # 3705 - AN ORDINANCE AMENDING CHAPTER 24, THE STREETS AND SIDEWALKS CODE, TO INCLUDE PROCEDURES FOR CONSTRUCTION AND ACCEPTANCE OF STREETS, DRIVEWAYS AND SIDEWALKS IN THE CITY OF BALLWIN.

A motion was made by Alderman Boerner and seconded by Alderman Terbrock for a first reading of Bill No. 3705.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3705 was read for the first time.

Alderman Finley said “For” should be added as the first word in Sec. 24-9 #3.  City Attorney Jones said, “The only changes in the existing policy were those that were highlighted.  This language has been in the policy for years.”  City Engineer Kramer said a separation joint will be installed to differentiate responsibility.  City Administrator Kuntz said, “We don’t have implementation issues with this language whatsoever.  It doesn’t change the intent of what we’re trying to do.” 

City Engineer Kramer said, “The gutter and the apron is attached with a separation joint so that in the future they would not be one and the same.  If the apron crumbled, but the gutter was still in good condition, the owner would replace the apron with a separation joint.  If there’s no separation and our gutter causes damage to the apron, we would have to replace the apron in order to replace the gutter at our expense.”  City Administrator Kuntz said that today’s construction makes them all separate. 

Alderman Terbrock said, “I have an issue with Section 24-9 (1).  This includes possible damage caused by salt.  If that becomes the property owner’s responsibility and they don’t choose to make the repair, and parts of concrete are in the street, it looks bad and I don’t like this issue.  The city putting out salt is for everyone’s benefit.  The salt will deteriorate the concrete apron even further.  I don’t want to see that responsibility put on the homeowners and then the homeowner choose not to make the repairs.  This is part of the City’s right-of-way.  The curbing along that section of the street in front of the yards is not our responsibility to replace.”  Mayor Pogue said, “Curbs are our responsibility.”  Alderman Terbrock said, “The curbs that are right in front of the house that are right in line with that same section is not our responsibility to replace that and I don’t understand why it’s the homeowner’s responsibility to replace that in that same regard.  It’s still in the City’s right-of-way.” 

City Administrator Kuntz said, “While your logic can be defended, it’s a significant departure from a lot of people that we’ve already said no to.”  Alderman Terbrock said, “I thought there was a situation in the neighborhood that the people got theirs replaced because the salt had damaged it.”  Alderman Terbrock said, “It doesn’t seem consistent to put the homeowner’s responsibility in the city’s right-of-way.”  City Administrator Kuntz said, “If it’s all one piece, it’s treated one way.  If there’s an expansion joint, it’s treated another way.  The apron is theirs if it’s serving the homeowner’s driveway.  The curb and gutter is ours.  There’s a lot of deterioration at the gutter line.  If the gutter and apron is one piece, it’s treated one way, if there’s an expansion joint, it’s treated another way.  The apron belongs to the homeowner if there’s an expansion joint, and the gutter belongs to the city.” 

Alderman Terbrock said, “There’s a house in my neighborhood that has a gravel driveway, and there’s an apron and sidewalk.  The owner has probably had a gravel driveway the whole time.  The apron and sidewalk was installed by the city.  He probably wouldn’t have chosen to do that.  Why should he be responsible for an apron that he doesn’t care if it’s there or not?” 

Alderman Boerner asked if the salt damage occurs over a period of time instead of one season or one year?  City Engineer Kramer said, “New driveways can have pitting from salt when it melts.  An old driveway (one that has time to cure) takes a long time for the salt to damage it.  Salt will always damage concrete.  It’s just a matter of time and how much.  If a driveway is poured in the Spring, it will be okay.  If poured in October, there would only be a couple of month to cure.  It costs less for the homeowner to replace an apron than the city.” 

Alderman Finley added “from the developer” in Section 24-11 (1). 

A motion was made by Alderman Finley and seconded by Alderman Boerner to amend Sec. 24-9 (3) by adding “For” at the beginning sentence; and Section 24-11 (1) adding “from the developer” after the word “payment”.  A voice vote was taken with the following results:  Aye:  Finley, Harder, Fleming, Leahy, Boerner, Kerlagon.  Nay:  Terbrock.  The motion was approved by a vote of 6-1

A motion was made by Alderman Boerner and seconded by Alderman Fleming for a second reading of Bill No. 3705.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3705 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3705 with the following results: 
Ayes – Boerner, Fleming, Harder, Leahy, Kerlagon, Finley.    Nays – Terbrock.  Bill No. 3705 was approved by a vote of 6-1 and became Ordinance No. 11-49.

A motion was made by Alderman Fleming and seconded by Alderman Finley to remove “Streets, Driveways and Sidewalks” from Section 6 of the Policy Manual.  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. Surplus Vehicles (4 surplus police vehicles)

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

MAYOR’S REPORT
Fall Festival:  Mayor Pogue said that the Ballwin Fall Festival with the Ballwin Athletic Association is October 29 with various activities.  Information is available on the City’s website. 

Rally Squirrel:  Mayor Pogue said that KSDK, Channel 5, reported that the Rally Squirrel, that was caught at Busch Stadium, has a new home at the Wildlife Rescue Center by Castlewood Park. 

CITY ADMINISTRATOR’S REPORT
Policy Manual:  City Administrator Kuntz said minor changes are proposed for Section 7 / Travel of the Policy Manual. 

A motion was made by Alderman Leahy and seconded by Alderman Terbrock to accept staff’s recommendation for changes to Section 7 of the Policy Manual.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Charitable Donations:  City Administrator Kuntz said this is a revision to the Charitable Contributions/Donations topic in Section 9 of the Policy Manual.  City Attorney Jones said, “In the event that our staff has to travel and obtain lodging or take equipment with them, perhaps the Board should be provided with an inter-governmental agreement for approval.” 

A motion was made by Alderman Fleming and seconded by Alderman Terbrock to accept the amendments as recommended by staff.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Kehrs Mill Sidewalks:  City Administrator Kuntz said, “this is a recommendation for legislation that the city be reimbursed for local funding contribution that is made in conjunction with installation of the new sidewalks along the Kehrs Mill reconstruction project upon the development of the adjoining properties.  There are at least two parcels that could be affected by re-development.”

City Attorney Jones said, “Since there will be a lot of aprons to replace on this project, if we tear it up, we will replace it, but the city is not responsible for the maintenance of the aprons.” 

A motion was made by Alderman Boerner and seconded by Alderman Leahy to draft legislation for consideration.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Rojean Drive:  City Administrator Kuntz said, “This is a request for payment for the engineering portion of the expense related to Rojean Drive design and re-construction.  This is a project that we are cost sharing with the City of Ellisville.  Only the initial 150 feet off of New Ballwin Road is in Ballwin.  The remainder of the project is in Ellisville.  We received an invoice from Ellisville, but it exceeds our authorization limit.  We are requesting authorization to make the payment.  The amount is $11,815 for 217 linear feet within the City of Ballwin.  There is 17% of the project and the engineering cost.” 

Alderman Terbrock said that since different numbers are presented in the documentation, he wants further evaluation before a payment authorization is made.  The Board agreed.  City Engineer Kramer said he will provide verification of the information. 

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT
Legal Issues:  City Attorney Jones said, “At the last meeting, there was a closed session based on a threat of litigation.  We discussed the canvassing ordinance.  Based upon the research that I performed, I’d like to have an opportunity to look at the ordinance and bring back to the Board some new proposed legislation.  With regard to this particular entity to get the best compliance we can under the circumstance.  Discussion in more detail will require a closed session.  City Administrator Kuntz said, “We’ve had no subsequent issues, confrontations, or complaints.  This approach can be taken with no direct impact on the community.”  The Board agreed.  Alderman Leahy said that the confidential letter should not be discussed in open session. 

ALDERMANIC COMMENTS
None.

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 7:56 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC