• All Ballwin and Winchester Municipal Court Dates are Temporarily Suspended Until Further Notice. Please See Court Page for More Info.

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

UNOFFICIAL DRAFT
SPECIAL MEETING MINUTES – BOARD OF ALDERMEN
CITY OF BALLWIN – 300 PARK DRIVE
August 15, 2011

STATEMENTS ATTRIBUTED TO INDIVIDUALS IN THIS “DRAFT” ARE NOT ALL VERBATIM QUOTES.  PART OF THE MINUTES OF THIS MEETING ARE REPORTED IN SUMMARY AND PART ARE REPORTED VERBATIM.  THIS IS AN “UNOFFICIAL DRAFT VERSION” OF THE MEETING MINUTES.  DRAFT VERSIONS OF MINUTES ARE SUBJECT TO REVIEW, MODIFICATION, AND APPROVAL OF THE BOARD OF ALDERMEN.


The meeting was called to order by Mayor Pogue at 6:55 p.m.

             PRESENT                                         ABSENT
MAYOR TIM POGUE                       ALDERMAN RICHARD BOERNER
ALDERMAN JIMMY TERBROCK 
ALDERMAN MICHAEL FINLEY 
ALDERMAN MARK HARDER 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

Mayor Pogue said the purpose of this Special Meeting is to discuss the replacements of the Aldermen for Wards 2 and Ward 4. 

Mayor Pogue said that for Ward 2, he recommends the appointment of Shamed Dogan, who resides at 212 Oakwood Farms Court.  He has served on the West St. Louis County Jaycees, Subdivision Trustee, Ballwin Days volunteer, and St. Louis County.  Shamed has a degree in political science and will be an asset to the Board. 

Alderman Finley asked Shamed Dogan about his vision for the position of Alderman in Ward 2.  Mr. Dogan said, “I have always had a passion for service.  I grew up in St. Louis County.  My mother was a social worker and an attorney.  She had two careers throughout her life.  One of the things she did that inspired me was that when she was in law school at the University of Missouri was that she worked in State Senate for one of the Senators.  I drove from Columbia to Jefferson City with her twice each month to see her working in the Senate.  I was able to see up close how legislation was made and what they were trying to do to better their communities.  I was a teenager at that time, and people always asked me what I wanted to be when I grew up.  I didn’t know, but that gave me some inkling that I might want to do something to help people, if that was being an attorney like my mother, going into public service, or working for a non-profit organization.  I’ve been very blessed in my life to have a college education.  We didn’t have a ton of money, so I had scholarships that helped me to get through college.  I was able to move back to St. Louis.  I lived on the east coast for a while.  I moved back to St. Louis five years ago.  My wife and I have been very blessed to make our home here in Ballwin.  We love living here, and I like serving my community.  I’m on my subdivision Board of Trustees.  I’ve been doing that for a couple of years.  I’m really excited about this opportunity.” 

A motion was made by Alderman Terbrock and seconded by Alderman Harder to approve the appointment of Shamed Dogan to the position of Ward 2 Alderman.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Mayor Pogue said that for Ward 4, he recommends the appointment of Kathy Kerlagon, who resides at 1146 Westrun Drive.  She is the wife of former Alderman Ray Kerlagon.  She has been very involved in the community with the Ballwin Police Citizens Academy, helped coordinate the alumni dinner that was recently held, involved with and a member of Ballwin Baptist Church, has a Bachelor of Science and Masters in Business Administration, and has worked with the Internal Revenue Service. 

Mayor Pogue asked Kathy Kerlagon if she would like to address the Board.  Mrs. Kerlagon said, “I have been coming to the Board of Aldermen meetings for years.  I moved into Ballwin when Ray and I got married in 1999.  Through coming to these meetings, I became aware of how important what goes on in this room is to our everyday lives.  I have a passion for that.  I received a greater background about what goes on in the city government by being in the Ballwin Citizens Academy and the Citizens Police Academy.” 

A motion was made by Alderman Fleming and seconded by Alderman Terbrock to approve the recommendation of Kathy Kerlagon to the position of Ward 4 Alderman.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Mayor Pogue said that Shamed Dogan and Kathy Kerlagon will be sworn in at the next Board of Aldermen meeting on September 12. 

Adjourn:  A motion was made by Alderman Fleming and seconded by Alderman Harder to adjourn the Special Meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed.  The Special Meeting was adjourned at 7:02 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC


UNOFFICIAL DRAFT
MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE

August 15, 2011

STATEMENTS ATTRIBUTED TO INDIVIDUALS IN THIS “DRAFT” ARE NOT ALL VERBATIM QUOTES.  PART OF THE MINUTES OF THIS MEETING ARE REPORTED IN SUMMARY AND PART ARE REPORTED VERBATIM.  THIS IS AN “UNOFFICIAL DRAFT VERSION” OF THE MEETING MINUTES.  DRAFT VERSIONS OF MINUTES ARE SUBJECT TO REVIEW, MODIFICATION, AND APPROVAL OF THE BOARD OF ALDERMEN.

The meeting was called to order by Mayor Pogue at 7:03 p.m.

             PRESENT                                                             ABSENT
MAYOR TIM POGUE                                     ALDERMAN RICHARD BOERNER
ALDERMAN JIMMY TERBROCK 
ALDERMAN MICHAEL FINLEY 
ALDERMAN MARK HARDER 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

Alderman Ken Mellow:  Mayor Pogue said, “It is with my deepest sympathy that I have to announce that on August 6, Alderman Ken Mellow lost his battle with cancer.  It was definitely a privilege working with Ken over the past two years as an Alderman, getting to know his family, seeing them at social events, concerts in the park, the Barbecue Bash, which was an absolute passion of Alderman Mellow, and he attended the Great Streets meetings.  Ken was a man of few words, but he was very inspiring and I enjoyed knowing him.  He will definitely be missed.  In memory of Alderman Mellow, I’m asking for a moment of silence.” 

MINUTES
The Minutes of the July 18, 2011 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Fleming and seconded by Alderman Terbrock 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
Walt Young, 634 Lemonwood Drive:  Mr. Young asked if Ken’s family requested that nothing be put on the Ballwin website about his passing?  Mayor Pogue said, “We talked to Ken’s family regarding how they wanted to handle media relations.  They said the media could contact them.”  Mr. Young said he felt this should have been at least briefly mentioned because most people don’t know anything about this, and some said if they had known, they would have attended the Mass on Thursday evening.  He was a fine alderman and a great person and will be missed.  He was quiet but he did a good job. 

Mr. Young asked, “Since Alderman Mellow was re-elected in April, will Kathy Kerlagon have to run for election in April to fulfill the rest of the term?”  City Attorney Jones said, “Yes.  Kathy will serve until April, 2012.  The person or persons who run in 2012, will actually be running only for a 1-year term.”  Mr. Young said, “Originally when we started Ward 4, it was the fact that both ran at the same election.  The one that got the highest votes, was elected for 2 years, and the other was elected for 1 year.  Will that be the situation in this case?”  City Attorney Jones said, “No.  There will be two separate offices.”  Mr. Young said, “I’m very grateful to have Kathy as the Ward 4 Alderwoman.  I couldn’t have found a better person to represent Ward 4.”

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3685 - AN ORDINANCE ACCEPTING POINTE LANSING COURT AND POINTE LANSING CIRCLE 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. 3685.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3685 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. 3685.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3685 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3685 with the following results: 
Ayes – Finley, Terbrock, Leahy, Harder, Fleming.    Nays – None.  Bill No. 3685 was approved and became Ordinance No. 11-29.

BILL # 3686 - AN ORDINANCE AUTHORIZING THE CITY OF BALLWIN TO ENTER INTO AND EXECUTE AN EASEMENT WITH THE METROPOLITAN ST. LOUIS SEWER DISTRICT FOR PROPERTY AT 118 SEVEN TRAILS DRIVE AND AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF BALLWIN TO ENTER INTO THE EASEMENT ON BEHALF OF THE CITY OF BALLWIN.

A motion was made by Alderman Terbrock and seconded by Alderman Fleming for a first reading of Bill No. 3686.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3686 was read for the first time.

Alderman Finley asked for background information on this subject.  Assistant City Administrator Aiken said, “This is a small triangular piece of property east of Seven Trails Drive, behind the Rothman Furniture site and adjacent to the adjoining subdivision.  Because they were not able to obtain an easement across the U-Haul property, this was the next closest available place to make a sewer connection.  This is a sewer extension that will be under the maintenance of MSD and subject to their construction standards. 

Alderman Fleming asked, “Did U-Haul give a reason for rejecting this request?”  Mr. Aiken said, “The e-mail that was shared was that the president of the company said no.”  Alderman Fleming said, “It’s disappointing that after we gave them an extension on their parking lot, that they couldn’t help out their neighbors.” 

A motion was made by Alderman Fleming and seconded by Alderman Finley for a second reading of Bill No. 3686.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3686 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3686 with the following results: 
Ayes – Fleming, Terbrock, Leahy, Harder, Finley.   Nays – None.  Bill No. 3686 was approved and became Ordinance No. 11-30.

BILL # 3687 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO KABUKI RESTAURANT, FOR OPERATION OF A RESTAURANT WITH ALCOHOLIC BEVERAGE SALES BY THE DRINK FOR CONSUMPTION ON THE PREMISES WHERE SOLD.

A motion was made by Alderman Harder and seconded by Alderman Terbrock for a first reading of Bill No. 3687.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3687 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a second reading of Bill No. 3687.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3687 was read for the second time.

Findings:  A vote in favor of the bill finds that the Petition, as submitted, would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over-tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.  A vote against the bill means that one or more of these findings are absent.

A roll call was taken for passage and approval of Bill No. 3687 with the following results: 
Ayes – Terbrock, Finley, Fleming, Leahy, Harder.  Nays – None.  Bill No. 3687 was approved and became Ordinance No. 11-31.

BILL # 3688 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO McDONALDS FOR A SITE PLAN AMENDMENT.

A motion was made by Alderman Leahy and seconded by Alderman Fleming for a first reading of Bill No. 3688.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3688 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a second reading of Bill No. 3688.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3688 was read for the second time.

Findings:  A vote in favor of the bill finds that the Petition, as submitted, would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over-tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.  A vote against the bill means that one or more of these findings are absent.

A roll call was taken for passage and approval of Bill No. 3688 with the following results: 
Ayes – Leahy, Fleming, Harder, Finley, Terbrock.   Nays – None.  Bill No. 3688 was approved and became Ordinance No. 11-32.

BILL # 3689 - AN ORDINANCE AMENDING THE ZONING CODE, ARTICLE XVI, SEC. 25 (4), ENTITLED “SPECIAL EVENTS” OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Harder and seconded by Alderman Finley for a first reading of Bill No. 3689.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3689 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a second reading of Bill No. 3689.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3689 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3689 with the following results: 
Ayes – Finley, Leahy, Harder, Terbrock, Fleming.   Nays – None.  Bill No. 3689 was approved and became Ordinance No. 11-33.

BILL # 3690 - AN ORDINANCE ORDERING THE INSTALLATION BY MISSOURI AMERICAN WATER COMPANY OF TWO FIRE HYDRANTS AT SUNSET GROVE ESTATES SUBDIVISION.

A motion was made by Alderman Leahy and seconded by Alderman Fleming for a first reading of Bill No. 3690.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3690 was read for the first time.

Alderman Harder asked, “Are there no fire hydrants in this area, or are these replacements?”  City Administrator Kuntz said this is a new subdivision.  The West County Fire District is the only District that requires an ordinance to install fire hydrants. 

A motion was made by Alderman Leahy and seconded by Alderman Finley for a second reading of Bill No. 3690.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3690 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3690 with the following results: 
Ayes – Leahy, Finley, Fleming, Harder, Terbrock.   Nays – None.  Bill No. 3690 was approved and became Ordinance No. 11-34.

BILL # 3691 - AN ORDINANCE AMENDING THE 2011 BUDGET OF CASH REVENUE AND CASH DISBURSEMENTS FOR THE OPERATING AND CAPITAL REVENUE FUNDS OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, PROVIDING FOR EXPENDITURE REVISIONS IN ACCORDANCE WITH SAID BUDGET AND MAKING RE-APPROPRIATIONS THEREOF.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a first reading of Bill No. 3691.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3691 was read for the first time.

A motion was made by Alderman Fleming and seconded by Alderman Leahy for a second reading of Bill No. 3691.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3691 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3691 with the following results: 
Ayes – Terbrock, Fleming, Leahy, Finley, Harder.   Nays – None.  Bill No. 3691 was approved and became Ordinance No. 11-35.

BILL # 3692 - AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 11 REGARDING GRADING, EROSION AND SEDIMENT CONTROL.

A motion was made by Alderman Leahy and seconded by Alderman Fleming for a first reading of Bill No. 3692.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3692 was read for the first time.

Alderman Harder asked about the purpose of this change and what is different from what we have now?  Assistant City Administrator Aiken said, “The way the current grading ordinance was written, it’s an outgrowth of the subdivision regulations.  There are a lot of public improvements being built with a new subdivision, such as roads, sewers, sidewalks, etc.  That ordinance required that 110% of the cost of construction be escrowed as part of the issuance of the grading permit.  The language that’s in the ordinance states off-site improvements.  That covers all grading and everything, including private property.  In the case of a single-family subdivision, if the development dies and the streets aren’t finished or the grading isn’t right, the City will complete the public improvements and use the escrowed money to complete the work.  If there are private improvements on private property, it’s not likely the City will do this.  The only thing the City would most likely do would be to make the property secure and prevent any type of erosion problems.  The City would not complete the construction of a building or parking lot on private property.  It seemed unreasonable to require on those sites that they escrow 110%.  This ordinance will amend that.  Public improvements will continue to be escrowed at the rate of 110%, but site improvements that are privately owned will be escrowed at a lower rate, which is 10%.  The building permit is only 2% of the cost of construction.  This escrow is collected by the City to guarantee correction and repair of any public improvements that are damaged as part of the construction of the private property.  This also allows the City to not require a duplicate escrow with MSD.  They are now requiring a substantially higher percentage of escrows for their improvements.  The City was also doing that.  It’s unreasonable to make them pay double the amount.  This allows the City to waive the escrow if MSD is collecting the same escrow.” 

Alderman Terbrock said he would like to take more time to review and consider this legislation.  He said he received a call from a resident regarding a grading issue.  He suggested holding this legislation until the next meeting.  The Board agreed to hold over Bill 3692 until the next meeting.

BILL # 3693 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN, MISSOURI, TO EXECUTE THE MUNICIPAL HOUSING AND COMMUNITY DEVELOPMENT COOPERATION AGREEMENT OF 2012 – 2014; AND SUPPLEMENTAL AGREEMENTS THERETO WITH   ST. LOUIS COUNTY WITH REGARD TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a first reading of Bill No. 3693.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3693 was read for the first time.

City Administrator Kuntz said that all participants that receive any Community Development Block Grant funds have to make this procedural change to satisfy the Federal Government.  Assistant City Administrator Aiken said that HUD decided that every city that participates in this program has to have this agreement.  This ordinance has to be sent to St. Louis County by August 25.  If this ordinance was not passed, it would have a negative effect on any applications in progress.  This will automatically renew every year, unless HUD decides something else in the future. 

A motion was made by Alderman Terbrock and seconded by Alderman Fleming for a second reading of Bill No. 3693.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3693 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3693 with the following results: 
Ayes – Terbrock, Leahy, Finley, Fleming, Harder.   Nays – None.  Bill No. 3693 was approved and became Ordinance No. 11-36.

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. Crack Sealing
B. Salt Co-Op Purchase
C. Salt Purchase

Alderman Finley asked how much salt is currently in the dome.  City Engineer Kramer said, about 1,100 or 1,200 tons.  The maximum capacity is 5,000 tons. 

Alderman Harder asked why are there two separate purchases.  City Engineer Kramer said, “The co-op has two restrictions.  You can’t buy more salt during the winter.  There have been times when the delivery time period has not been fulfilled.  The delivery was supposed to be January or February of this year, but it was delivered in March or April.  When they say delivery will be in November or December, there have been times that the salt wasn’t delivered until January.  By bidding our own secondary supplier source, we can buy more salt during the winter, and it could request that it be delivered by the end of October.  The salt must be loaded into the dome before the leaf collection starts.  When the salt comes from the co-op, no matter what time of day or night, week days or weekends, someone has to be there to get the salt loaded into the dome before any wet weather moves in.  Last winter, there were at least three cities that ran out of salt during, and they paid about $125 per ton in the middle of the winter.”  City Administrator Kuntz said that it was not a pleasant experience for the cities that got caught with empty bins.  He said our secondary supplier is from another company than the primary supplier.  We have found that due to weather conditions, having one supplier bringing the salt by truck and another by barge, gives more flexibility.  The worst time to shop for salt is when everyone needs it in the winter.  That’s why we pay a little bit more, but insures quality service delivery. 

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

MAYOR’S REPORT

Appointments:  Board of Adjustment:  Mayor Pogue recommended Jason Riegelsberger to the open full-time commissioner position.  He has served as an alternate, and is willing to move to this position.

A motion was made by Alderman Finley and seconded by Alderman Terbrock to appoint Jason Riegelsberger to the full-time position on the Board of Adjustment.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Mayor Pogue recommended Bob Komor to fill one of the alternate commissioners positions on the Board of Adjustment.  He served on the Planning & Zoning Commission when we did the Comprehensive Plan and he has a strong background in blueprint reading. 

A motion was made by Alderman Fleming and seconded by Alderman Terbrock to appoint Bob Komor to the alternate position on the Board of Adjustment.  A voice vote was taken with a unanimous affirmative result and the motion passed.


Ballwin Recognition:  Mayor Pogue said that the September issue of “Money” magazine, Ballwin was again selected as one of the top 100 cities to live in.  The last time Ballwin received this award was in 2005.  The magazine article stated that these cities stand out in qualities American families care about, mainly great job opportunities, top schools, safe streets, economic strength, good weather and many community activities and features.  Mayor Pogue said, “I give credit to our staff, concerts in the park, twilight swims at the pool, National Night Out, continued road improvement projects, etc.” 

Municipal League:  Mayor Pogue said the State Municipal League convention will be in September in Kansas City.  The National League of Cities convention is November 9-12. 

CITY ADMINISTRATOR’S REPORT

Computer Software:  City Administrator Kuntz said, “The Board made a significant commitment to upgrade our computer software system to accommodate many of the data systems, as well as to create a more seamless reporting system and a lot of analysis what we were unable to do with our current software.  I thank Alderman Fleming for his participation, the technical assistants, and Finance Officer Loehr.”

2012 Budget Preparations:  City Administrator Kuntz said that a proposed change in the budget preparation is that the Capital Improvement Plan and Operating Plans for each department can be treated as a single package.  This will add to the understanding of the project, and the goals and priorities of what each department’s mission will focus on for the year ahead.  The other change would be that the budget discussions begin with a work session on September 26, starting at 5:30 p.m.  This meeting would focus on presentations by Administration and the Police Department.  This would be followed by a presentation by the Parks Department on October 10 and Public Works on October 24.  On November 14, we would come back with final expenditure numbers and revenue projections.  If additional meetings are necessary, there would be ample opportunity prior to the targeted adoption date of December 12.  Hopefully, we will be able to cancel the December 26 Board meeting. 

City Administrator Kuntz said, “When we started the budget meetings last August or early September, we gave the Board the amount of $2.75 per gallon for gasoline.  Two months later, that prediction proved to be wrong because the price was higher.  No one knew for sure what the gas prices would be in 2011.  The later the decision can be made based on more data, the better the decision will be.  This is the reason for moving the start of the meetings to September 26 instead of August or early September. 

Solicitation I.D.:  City Administrator Kuntz said this will provide a greater measure of security to the residents that get solicitation from various commercial vendors.  The card will show a photo of the solicitor, the solicitor’s name, Permit Number, the organization that the solicitor is working for, and valid permit dates to and from.  The reverse side of the card has a disclaimer indicating that the card is issued by the Ballwin Police Department for official use of the holder designated for the sole purpose of solicitor.  Its use by any other person is unlawful and will make the offender liable to penalty.  He said a fee increase of $5.00 is requested. 

Alderman Fleming suggested making the word “Solicitor” larger on the card across the top, and make the Ballwin logo smaller.  At first glance, it looks like the I.D. card for a Ballwin employee or official. 

Alderman Harder said that the Ballwin logo stands out and under the logo is the word “Police”.  He said it looks like a Ballwin Police I.D. for perhaps a plain-clothes officer.  Police Chief Schicker said he will discuss this with the vendor of the I.D. card.  Alderman Terbrock suggested using red for the word “Solicitor”.  Alderman Harder said that this sample card looks like an I.D. card for a city employee.  He suggested using the words Ballwin License instead of the logo so that it doesn’t look like an official I.D. 

Police Chief Schicker said he will provide an update regarding the I.D. card at the next meeting.  The Board agreed.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock to draft legislation as requested for the fee increase.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Golf Clubhouse Rentals:  City Administrator Kuntz said this is a proposal to reduce the fee for weekday evening rentals of the Golf Clubhouse.  By reducing the fee to $200, we may attract additional users that we don’t have at this time.  Legislation will be necessary to make this change. 

A motion was made by Alderman Terbrock and seconded by Alderman Leahy to draft legislation to reduce the weekday evening rental fee to $200.  A voice vote was taken with a unanimous result and the motion passed.

Bandwagon Rental:  City Administrator Kuntz said he has been told that our rental fee is too low.  As a result, Director of Parks & Recreation Bruer did an informal survey.  The fee is not substantially lower than other sources, but perhaps the deposit could be changed. 

Director of Parks & Recreation Bruer said that St. Louis County provides a sound system, podium and piano.  Florissant provides a sound system.  Brentwood, Florissant and St. Louis County provide a staff person for the entire event.  Fenton and Ellisville no longer hold the events for which our stage is rented.  Manchester now has an amphitheater.  Des Peres rents our bandwagon three times per year.  She said it is supposed to be a traveling stage, but it isn’t meant to be on the interstate highway.  This will put a lot of stress on the structure, therefore, access is limited.  The bandwagon has never been rented to private entities.  There is no generator or sound system. 

Alderman Terbrock believes that the fee should be left as it is at this time.  The Board agreed.

Policy Manual:  City Administrator Kuntz said he would like to hold over this review until the next meeting when hopefully all aldermen will be present, including the two new Aldermen.  The Board agreed.

Alderman Fleming suggested that Charitable Donations for other cities be considered for disasters such as tornados, etc. 

Alderman Terbrock suggested that updating the Emergency Operations Plan to reflect the current names.  Police Chief Schicker agreed that this was planned. 

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT

Outdoor Displays:  City Attorney Jones said, “Draft legislation is presented that will amend the provisions for sales and display of merchandise outdoors.  Since Bill 3689 was passed at this meeting, it will not be necessary to include the second paragraph of section 1.  I did not draft a separate ordinance for special events; I combined them.  I incorporated the bullet points that came out of the two meetings that were held with the Community Relations officer and the Aldermanic sub-committee, and tried to use a stronger language making it mandatory.  Right now, we allow, with a Special Use Exception, the outdoor display of gardening materials.  If the Board adopts this legislation, it would means that without an S.U.E., an operator could have more flexibility for outdoor display and sale of merchandise than someone who obtained an S.U.E.  They could only have gardening supplies.  I thought that the Board agreed at the last meeting that you did not want to require a Special Use Exception.  All of the suggestions were included in the second paragraph of section 2, which includes a new paragraph 32 and all bullet points that came out of the meeting with the Community Relations officer. 

Alderman Harder said, “Item K would be a difference between the gardening example and this, because this is basically only display while the store is open, whereas, Lowe’s is not going to bring their product inside every night.  They would need a special permit to leave it outside over night.  This legislation is for only when the store is open. 

City Attorney Jones said, “With the Special Use Exception, they could include their outdoor display and sales in areas other than the sidewalk in front of the business.  A tent sale would require a Special Event Permit. 

Alderman Fleming said he wants to be sensitive to the business community.  There were only a couple of people representing businesses came to the meeting for discussion.  He said he’s not hearing an overwhelming business reason that this will help the increase sales.  Legislation was passed about the flashing signs, and now we are inviting businesses to put product out in front of their store.  He said we might end up getting an undesirable situation and appearance if this legislation is passed. 

Alderman Harder said that there are a number of businesses in violation of the current law which is no displays.  That will mean everyone who has tires, banners, and other product outside would have to bring it inside the store.  Perhaps a middle ground can be achieved. 

Mayor Pogue asked if there have been any complaints.  Assistant City Administrator Aiken said no. 

A motion was made by Alderman Harder and seconded by Alderman Fleming to prepare the legislation for consideration at the next meeting with the suggested changes.  A voice vote was taken with the following result:  Aye:  Finley, Harder, Fleming, Leahy.  Nay:  Terbrock.  The motion passed by a vote of 4-1. 

Legal Updates:  City Attorney Jones said, “We have been working on a dispute with the developer and the bonding company with the Clayton Corners development at Henry and Clayton Road.  We had a partial settlement that was authorized by the Board; they paid out approximately $29,000, the overlay, asphalt, curb and gutters were completed.  There is approximately $42,000 left in the escrow.  We have a total of $70,000 all together.  There were a number of items that were requested by the Public Works Department, and they tried to identify public improvements, such as sidewalks, portions of Henry Road, etc., as opposed to private improvements, such as the grading of Lots 13 and 14, which will be done if the remaining units are completed.  What we’ve done is negotiated a settlement, whereby we’ll receive approximately $19,000.  All of the public improvements will be completed.  The only big item that is not going to be done will be the regarding of Lots 13 and 14.  We would be leaving about $22,000 on the table.  We will be releasing the remainder of the escrow in exchange for a settlement of approximately $19,000.  We’ve talked to the contractors.  The money will be paid to us.  We will then complete the improvements.  We won’t be relying on someone else to do this.  I’m proposing that we accept the settlement, and authorize the City Administrator to sign the release in exchange for the $18,881.55.  We are not releasing the developer from any additional liability.” 

City Attorney Jones said, “We have a dispute with the developer.  He claims that we are obligated by law to release portions of the bond for the items that he has completed.  We contend that we are not required to do that because this is a maintenance bond.  This project was commenced in 2003.  Some of the things that were put in during 2003 have failed and needed to be completed or maintained.  This is what has tied up the money for this long.  The bond is not completely clear, and there is a statute that requires line item releases.  I think ultimately we would prevail.  Since we’re getting all of the public improvements completed, the only think we’re leaving out is something that the developer will have to do.” 

A motion was made by Alderman Fleming and seconded by Alderman Leahy to accept the City Attorney’s recommendation for the settlement and authorize the City Administrator to sign the release. 

Great Streets Initiative:  City Attorney Jones said, “The Great Streets Committee, which includes Mayor Pogue, Assistant City Administrator Aiken, City Administrator Kuntz, and other members of city staff, as well as representatives from Winchester, Manchester, Ellisville, and Wildwood, extended an invitation to the City Attorneys to meet with that committee two weeks ago.  We did attend this meeting.  They had questions about what could be done to try to implement some of the goals and programs within the Great Streets Initiative.”

City Attorney Jones said, “Ballwin adopted the Great Streets program as an amendment to the Comprehensive Plan, which was done by the Planning & Zoning Commission in May, 2011.  Ellisville and Wildwood has done this.  Manchester and Winchester have not.  The next step, according to the Committee, is to begin looking at funding mechanisms for the various roadway improvements and other initiatives that are part of the Great Streets program.  The committee would like the City Attorneys to look at existing funding mechanisms, such as community improvement districts, transportation development districts, add-on license fees, and also look at possible state-wide legislation, which will be necessary if we are going to, for example, put into effect a sales tax to fund some of the improvements.  The voters would have to approve this.  We don’t have the ability to give the sales tax to our residents for a vote at this time because it’s not authorized at the state level.  The Committee asked the City Attorneys to look at what it might cost to do the research into the existing funding mechanisms, and also draft legislation that could be pre-filed in December before the next legislative session ends.  Five City Attorneys consulted, and only Paul Martin from Ellisville and I were interested in doing that task.  We put together an inter-governmental agreement.  The basic idea is that it will cost approximately $15,000 to do the research, report back to the committee on existing funding mechanisms, and draft the necessary legislations so that it will be ready to pre-file in December. 

City Attorney Jones said, “It is my understanding that Manchester is considering this tonight.  Wildwood will have this on their Agenda on August 22.”  Mayor Pogue said, “Right now, we are asking for input from the Board, and it will be taken back to the steering committee in early September.” 

City Attorney Jones said, “This is only an agreement between the cities to pay for legal services for doing the work.  The legislation will be a different document.  The city attorneys on the project are Paul Martin (Ellisville), and myself.  The other city attorneys are in agreement with this arrangement at this time.  If the cities feel differently, that will be part of the feedback.”  City Administrator Kuntz said, “It’s too difficult to have five attorneys work on this project.  There’s no clean way to divide it out.  Two attorneys working together will be more efficient.”  City Attorney Jones said, “To date, Ellisville and Ballwin have been the most active in this process.  It’s a good system of sharing the legal resources to do this with two attorneys.” 

ALDERMANIC COMMENTS

Alderman Ken Mellow:  Alderman Finley said, “The celebration of Alderman Ken Mellow’s life is planned for August 20.  There’s a website that I suppose the family set up.  Is that something that we could link into on our website?”  City Administrator Kuntz said, “This is a difficult question to answer.  Mr. Mellow was in the hospital for two weeks.  We didn’t even know which hospital.  We discussed this.  We don’t have a guideline for this.  I may be in error on the side of being sensitive to the family and the family’s wishes.  They didn’t say to please pass this on, or to share.  I reached out to the Mellow family twice and asked if there was anything I can do; is there anything the city can do for you?  There was no thank you very much, we’ll let you know, but appreciate your thoughts.  I respected that.” 

Mayor Pogue said, “I had a conversation with Mrs. Mellow on the day that Ken passed regarding how she wanted to handle notification to the media.  They hadn’t discussed it in the family.  She asked if I would call back later on Monday morning and discuss with her how they wanted to handle it.” 

Alderman Terbrock said, “Unfortunately, someone didn’t follow the direction that was given, and a press release was made that should never have been made in respect to the family.  Anybody that knew Ken, knew that he was a private person.  He didn’t say a lot.  We never knew when he was sick.  They didn’t tell us, and somebody thought it was their prerogative to put it out there, when they were instructed to hold back a day so that Mayor Pogue could get the wishes from the family as far as how they wanted to handle it.  I’m actually pretty sick about it.  That was absolutely wrong.  When they were instructed not to put that out there, and they did, that was wrong.  But then again, it’s just an internet blog.  That tells the tale.  I’m absolutely furiously about it.” 

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 8:35 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC