Board of Aldermen Meeting Agendas & Minutes

 

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

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

Board of Aldermen Meeting

Meeting Agenda

Meeting Agenda click here

 

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
 August 20, 2012
 
The meeting was called to order by Mayor Pogue at 7:00 p.m. 

             PRESENT
         ABSENT
Mayor Tim Pogue
 
Alderman Jimmy Terbrock
 
Alderman Michael Finley
 
Alderman Mark Harder
 
Alderman Shamed Dogan
 
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 July 16, 2012 Board of Aldermen meetingwere submitted for approval. Alderman Dogan amended page 13, second paragraph, the referenced to City Attorney should be City Administrator. A motion was made by Alderman Fleming and seconded by Alderman Leahy to approve the Minutes as amended. A voice vote was taken with a unanimous affirmative result and the motion passed.
 
PRESENTATION
Commendations: Police Chief Steve Schicker gave recognition to Kyle Duke and Mark Kramer
 
“On June 2, 2012, Mr. Duke was contacted by his neighbor, Fred Conger, who resides at 117 Coral Terrace. He advised his house was on fire. Mr. Duke immediately retrieved a fire extinguisher and flashlight from his home and responded to the Conger residence. 
 
When he did not see any visible flames, he asked Mr. Conger where his wife was located. Discovering she was in a back bedroom he located a ladder and placed it at the rear of the residence and began breaking out an upper level window to try to locate her. 
 
Mr. Kramer upon hearing someone in distress also ran to Mr. Conger’s residence and observed smoke. Mr. Kramer attempted entry into the home; however, the smoke was so thick it did not allow him to proceed upstairs to assist Mrs. Conger. At that time Ballwin Police Officers Hitchcock and Jaeger arrived and began rescue efforts, while Mr. Kramer remained with Mr. Conger. 
 
The acts that Ballwin citizens, Kyle Duke and Mark Kramer, displayed were courageous and unselfish in the threat of personal danger and are to be commended. Their acts of bravery are highly recognized by the Ballwin Police Department.”
 
Mr. Duke and Mr. Kramer were presented with plaques of recognition for their heroism.
 
Ballwin Police Officers Mike Hitchcock and Nathan Jaeger received the Chief’s “Distinguished Service Citation for Valor”. This is the highest honor awarded to officers who perform an act of heroism in the face of personal injury or risk of death.
 
Police Chief Steve Schicker stated the following:
“On June 2, 2012, at 9:18 p.m. a call was received for a house fire at 117 Coral Terrace. Officers Mike Hitchcock and Nathan Jaeger were the first to arrive at the scene and observed a large amount of smoke surrounding the residence.
 
Both officers made contact with the male homeowner, who advised his wife was still in the home in the top floor bedroom. With no other assistance available at the scene, Officers Hitchcock and Jaeger attempted entry into the house, but were forced out by the heavy smoke.
 
With no breathing apparatus, their unwavering determination to gain access to the victim, Ann Conger, directed them to an alternative entry method. They located a neighbor, Mr. Duke, attempting to gain access into the house with a ladder. Using the ladders found at the scene, the officers climbed to the bedroom window and began breaking the window out to gain entry.
 
Officer Jaeger located the nonresponsive victim and pulled her through the window with the assistance of Officer Hitchcock lowering her to a Metro West Firefighter on the ladder below them. Fire personnel then assisted and performed lifesaving procedures.
 
The heroic efforts of Officers Hitchcock and Jaeger in spite of imminent personal danger showed the compassion and unparalleled dedication of the oath they took to protect the citizens of Ballwin. Their perilous rescue is an example for others and highly commended and recognized by the Ballwin Police Department.”
 
Mayor Pogue said, “On behalf of the Board of Aldermen, I want to commend Officer Hitchcock and Officer Jaeger. Your acts of heroism is outstanding. I was notified of the fire as it was happening, and quickly received notification of your swift actions. I appreciate everything you have done.” 
 
 
Architectural Review: City Administrator Kuntz said that JEMA has been retained by the city to develop alternative options for the Board room, regarding the acoustical situation and other issues that have been identified with input from the Board and staff. 
 
Overview presentations of three options were made by John Mueller, of JEMA, for Board consideration for potential renovation/construction. Previously, meetings were held with the city staff. Security issues are being addressed, as well as function, technology, and aesthetics. The new designs will enhance security, efficiency, and more audience seating, with audio/visual technology. Mr. Mueller said the scope of this work is this room, the Court chamber, and the conference. The front lobby is not being changed from a structural standpoint, only basic appearance. All aspects of direct access to the outside are being considered and included. The ADA requirements are included to be fully compliant. 
 
City Administrator Kuntz said that since the room is also used by the municipal Court and is a multi-purpose room, those needs are also being considered.
 
PENDING ISSUES
None.
 
CITIZEN COMMENTS
None.
 
PUBLIC HEARINGS
None.
 
NEW BUSINESS
 
LEGISLATION
 
BILL # 3755 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO LOREN COY, D/B/A  CIRCLE 7 RANCH, FOR OPERATION OF A RESTAURANT WITH ALCOHOLIC BEVERAGE SALES AT 14412 CLAYTON ROAD.
 
A motion was made by Alderman Fleming and seconded by Alderman Leahy for a first reading of Bill No. 3755.   A voice vote was taken with a unanimous affirmative result, the motion passed and Bill No. 3755 was read for the first time.
 
Alderman Harder said there are beer taps on individual tables. Is this restaurant going to be using this method of serving beer? Mr. Loren Coy (728 Woodridge Heights, 63011), said yes. This is a Table Tender system which has a beer line at some tables, but not at every table. This was recently approved by the Missouri Legislature. The beer lines are electronically monitored and dispense by the ounce. Mr. Pete Ferettie (5 Steeplehill Lane, 63011) explained that the table taps have flow meters that turn on and off. The taps will always be off until a server activates them. If a customer is at one of those tables and asks for a beer, the waiter/waitress would have to activate the system, check I.D., register how many patrons are of age to drink at that table. The system dispenses per ounce with guidelines provided by the State, which is 32 ounces can be dispensed per person, which is 2 pints of beer. The system then automatically shuts off. The server would have to re-activate the system again. It would not dispense again. 
 
Police Chief Schicker said it doesn’t matter if the process is at a tap on the table or a hostess being beverages to the table, someone is required to monitor the usage. 
 
Mr. Coy said at the tables, there are lines for three types of beer. Multiple states are using this system. It’s a more responsible way to serve beer than some of the other options that have been used in the past. There is a monitor screen at the tables that show how many ounces of beer have been poured. 
 
Alderman Harder asked about other locations that are using this system. Mr. Coy said this will be the first in the State of Missouri. It is being used in 17 other states. Applebee’s uses the system, most of the Florida franchises, and Chicago. There hasn’t been any problems with it. An extensive review was made by the Senator who made the presentation for approval. 
 
Mayor Pogue asked what other projects of this nature have they been involved with. Mr. Coy said they have venues at The Pepper Lounge, 20th and Locust; El Baracho, private event space for wedding receptions, corporate events called Lumin Private Events, and a lounge next to the Chase in the Central West End called Mandarin. He said they also run the outdoor area at Mike Shannon’s Steak House at Market & 7th, during the baseball season. 
 
Alderman Dogan asked if any craft beers will be served? The object is to have more mainstream products at the tables. The craft beers will be at the bar, as well as bottles and draft. 
 
Alderman Boerner asked about cooling kegs at the tables. Mr. Coy said cooled lines run underground to the tables. 
 
A motion was made by Alderman Fleming and seconded by Alderman Leahy for a second reading of Bill No. 3755. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3755 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 is absent.
 
A roll call was taken for passage and approval of Bill No. 3755 with the following results: 
Ayes – Fleming, Terbrock, Dogan, Finley, Kerlagon, Boerner, Leahy, Harder. Nays – None.  Bill No. 3755 was approved and became Ordinance No. 12-32.
 
Alderman Terbrock thanked Mr. Coy for thinking that the City of Ballwin is adequate for bringing something so revolutionary to the State. 
  
BILL # 3756 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO JAMES B. KOMOREK D/B/A MARCELLA’S MIA SORELLA FOR OPERATION OF A RESTAURANT WITH ALCOHOLIC BEVERAGE SALES AT 14426 CLAYTON ROAD.
 
A motion was made by Alderman Kerlagon and seconded by Alderman Boerner for a first reading of Bill No. 3756.   A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3756 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. 3756. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3756 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 is absent.
 
A roll call was taken for passage and approval of Bill No. 3756 with the following results: 
Ayes – Terbrock, Fleming, Kerlagon, Harder, Boerner, Dogan, Finley, Leahy.  Nays – None. Bill No. 3756 was approved and became Ordinance No. 12-33.
  
BILL # 3757 - 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 Terbrock and seconded by Alderman Finley for a first reading of Bill No. 3757.   A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3757 was read for the first time.
 
A motion was made by Alderman Finley and seconded by Alderman Terbrock for a second reading of Bill No. 3757. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3757 was read for the second time.
 
A roll call was taken for passage and approval of Bill No. 3757 with the following results: 
Ayes – Finley, Terbrock, Boerner, Dogan, Leahy, Harder, Fleming, Kerlagon.  Nays – None. Bill No. 3757 was approved and became Ordinance No. 12-34.
 
BILL # 3758 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN TO EXECUTE A MUTUAL AID AGREEMENT FOR PUBLIC WORKS AND PARKS SERVICES.
 
A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a first reading of Bill No. 3758.   A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3758 was read for the first time.
 
Alderman Fleming said at the last meeting, it was discussed that this agreement would include Chesterfield and Ballwin. Are there any changes in the participants? City Administrator Kuntz said, it’s his understanding that the City of Manchester has considered this and would like to participate with the same legislation. He said the City of Ellisville is also considering identical legislation. 
 
A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a second reading of Bill No. 3758. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3758 was read for the second time.
 
A roll call was taken for passage and approval of Bill No. 3758 with the following results: 
Ayes – Fleming, Terbrock, Leahy, Kerlagon, Finley, Harder, Boerner, Dogan.  Nays – None. Bill No. 3758 was approved and became Ordinance No. 12-35.
  
BILL # 3759 - AN ORDINANCE REQUIRING COMPETITIVE BIDDING ON CERTAIN LONG TERM CONTRACTS.
 
A motion was made by Alderman Boerner and seconded by Alderman Dogan for a first reading of Bill No. 3759.  A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3759 was read for the first time.
 
Alderman Terbrock asked about the meaning of “certain long-term contracts”? City Attorney Jones said it would only be the contracts that have continued for 10 years or more without competitive bidding and involve the same vendor. 
 
A motion was made by Alderman Kerlagon and seconded by Alderman Boerner for a second reading of Bill No. 3759. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3759 was read for the second time.
 
A roll call was taken for passage and approval of Bill No. 3759 with the following results: 
Ayes – Kerlagon, Boerner, Terbrock, Fleming, Dogan, Finley, Harder.  Nays – Leahy. Bill No. 3759 was approved by a vote of 7-1, and  became Ordinance No. 12-36.
 
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.
Liquor Licenses: Circle 7 Ranch and Marcella’s Mia Sorella
B.
Crack Sealing
C.
Salt

 Alderman Fleming requested that Item B be removed for further discussion.
Alderman Finley requested that Item C be removed for further discussion.
 
A motion was made by Alderman Fleming and seconded by Alderman Terbrock to accept Consent Item “A”. A voice vote was taken with a unanimous affirmative result and the motion passed.
 
MAYOR’S REPORT
 
Public Defender: Mayor Pogue said that his recommendation for Board consideration will be presented at the next meeting.
 
International Baseball Tournament: Mayor Pogue thanked Director of Parks & Recreation Linda Bruer and her staff for the lock-in at The Pointe. The whole event was very well received and the tournament was a success for the participants, the Ballwin Athletic Association, and the City of Ballwin. 
 
Department of Natural Resources: Mayor Pogue said there will be a Public Hearing on September 12, from 6:00 p.m. to 8:00 p.m., at the Daniel Boone Library, regarding the water quality in Fishpot Creek. Their purpose is to bring up the standards and cleanliness of that water. City Engineer Gary Kramer will be attending the Public Hearing. 
 
Deer Control: Mayor Pogue said on August 15, City Administrator Kuntz, Alderman Harder and himself attended the work session in Ellisville regarding deer control. He stated that consideration is being given to the process used in Clarkson Valley or Creve Coeur. He recommends a regional approach. The City Manager of Ellisville will be in touch with the City Administrator to schedule a workshop that the two cities can attend for resolution to the issue. 
  
CITY ADMINISTRATOR’S REPORT
 
Crack Sealing: City Administrator Kuntz said crack sealing is a process with the price driven by petroleum prices. At the time of this bid, we were not receiving as favorable of a unit price as we have in the past two years. As a result, it is recommended that only 16.46 centerline miles be crack sealed. Our goal is to do 20 miles per year. He said he and City Engineer Kramer feel that the entire city will be completed within 7 – 8 years. Mr. Kuntz said, a couple of years earlier, we were able to take advantage of the unit price and do more. This year it’s less. The low bid is recommended. 
 
Alderman Terbrock said, due to the heat this summer and dryness, he noticed that some of the asphalt has pulled away. He asked if we are going to make these repairs or have the contractor return to make the repairs? City Engineer Kramer said that we will do this ourselves. We have a small crew that can be used to “touch up” these areas. 
 
Alderman Harder asked what is the life expectance of a crack seal? City Engineer Kramer said the recommendation is every 7 – 8 years. That is the cycle we are striving for. After all the streets are finished in 7-8 years, we’ll start back with the first year and go forward.
 
City Administrator Kuntz said the most important thing this maintenance does is it prevents the negative impact of heaving and thawing from moisture getting under the asphalt, which is a lot more expensive. He said we haven’t had to do this until 2009. Crack sealing cannot be done when it’s raining. 
 
A motion was made by Alderman Fleming and seconded by Alderman Leahy to accept the staff recommendation to award the contract to Parking Lot Maintenance, LLC (PLM). A voice vote was taken with a unanimous affirmative result, and the motion passed. 
  
Salt: City Administrator Kuntz said, to answer Alderman Finley’s question, 850 tons is approximately the amount of salt it will take to fill the bin back to its total capacity. The total capacity is 5,000 tons. We used approximately that amount last winter. Prices fluctuate from year to year. With what we are seeing relative to barge traffic on the Mississippi River, he recommended not gambling with this purchase because deliver could be affected and interrupted. This is a competitive price, going through a salt co-op consisting of 40 cities. Salt does not evaporate in the storage bin. If we don’t use it all, it will be there for future use. 
 
Alderman Terbrock said the unit prices have gone down for the last three years. This year, the price is a shade higher than last year. City Engineer Kramer said the drought is affecting the river water level. There are barges parked south of St. Louis waiting their turn to go up the river. Dredging is taking place and they have to lighten the barges of their loads. That means more trips will have to be made. Salt comes from Ohio, Kansas, and Louisiana. The low river is having an effect on the price of salt. Motor fuel cost also affects the price as trucks have to deliver the salt to our location. 
 
A motion was made by Alderman Harder and seconded by Alderman Fleming to accept the Co-op recommendation for salt and delivery. A voice vote was taken with a unanimous affirmative result and the motion passed.
  
Meadowbrook Demolition: City Administrator Kuntz said, six bids have been received with good competitive prices. This is a foundation only with complete restoration of the site, with seeding and backfill. The utilities have been disconnected at 337 Meadowbrook. It is not a habitable structure, and is not even a true structure at this point. It is recommended that the job be completed and that the contract be awarded to Southern Ditching & Excavating, who submitted the low bid of $9,726.
 
Alderman Fleming asked if the owner has been contacted and all of the appropriate details have been covered. City Attorney Jones said the owner did not appear at the hearing, but the owner contacted the City of Ballwin immediately after the hearing. City Attorney Jones said he spoke with the owner twice. He sent him materials by fax at his request, and spoke to his son. There has been fairly regular contact since the hearing. Efforts to attempt to market the property have been to no avail, because we haven’t received any information that they have gotten a contract to sell the property. 
 
Alderman Fleming asked, did they know this would be our course of action? City Attorney Jones said yes. 
 
Alderman Kerlagon said there is a big difference between the lowest bid and the highest bid. Why is that? Code Enforcement Supervisor Jerry Klein said there were several bids that were fairly close, and the bid from Aalco Wrecking, which was the high bid, was probably high because this would be a very small job for them, and they probably wanted to make it worth their while if they won the bid.
 
City Administrator Kuntz said that since there is no asbestos or content removal, a general contractor could possibly use a bulldozer for the demolition. We have made every effort to deal with this situation. We cannot confirm this, but we believe that the owners may have finally come to the conclusion that the property will be more marketable as a vacant lot. It was like this after fire damage, with a tarp for over two years. It’s a hazard that needs to be abated for the betterment of the community. 
 
Alderman Terbrock asked what procedure will be used for this demolition? Mr. Klein said, the contractor will remove the subfloor, foundation walls, basement floor, garage floor and driveway, and haul them from the site. Clean dirt will be brought in to fill the foundation hole. It will be compacted as it is filled in. The lot will be finish graded, seeded and strawed. There are standards in the bid specs. 
 
Alderman Fleming said we will get our money back at some point in time. City Administrator Kuntz said this will be a lien on the property. At this time, it will be taken out of the contingency account because this was not included in the budget.
 
A motion was made by Alderman Fleming and seconded by Alderman Leahy to award the contract, as recommended by staff, to Southern Ditching and Excavating in the amount of $9,726. A voice vote was taken with a unanimous affirmative result and the motion passed.
  
Golf Policy:  City Administrator Kuntz said for clarification, a change is presented for consideration. 
 
Mayor Pogue recommended that we keep the last section regarding the 4 free passes for those elected officials that may not golf, but that they have the ability to give the passes for fund raising activities or as such for local organizations. Alderman Terbrock and Alderman Fleming agreed. 
 
Mayor Pogue recommended striking the first section and adding the new language recommended by staff. 
 
City Administrator Kuntz said the change is proposed by the memo from Director of Parks & Recreation Bruer. The third paragraph be retained as currently written. 
 
Alderman Terbrock said the third paragraph should be re-written because it states for guest use per year. The new sentence states that the aldermen and a guest can play. It would have to be re-worded so that the pass is not used for your guest. 
 
City Administrator Kuntz said the pass is to be used by somebody that is not in your company. 
 
Alderman Boerner asked for clarification on the wording of the policy. Mayor Pogue said we would strike the first paragraph, keep the second paragraph, keep the third paragraph, and add the language recommended in the memo as the new first paragraph. The only change would be replacing the first paragraph with the new language in the memo, and retaining the second and third paragraphs that are currently in the policy. 
 
City Administrator Kuntz said this would be on a request basis. It would not be automatic.
 
A motion was made by Alderman Fleming and seconded by Alderman Harder to amend the Golf Complimentary Use policy as agreed upon. A voice vote was taken with a unanimous affirmative result and the motion passed.
  
Employee Compensation: City Administrator Kuntz said that a discussion of employee compensation and police pension are appropriate topics for the Finance & Administration Committee. Alderman Fleming, chairman of this committee, agreed, and suggested that this discussion take place on September 10, at 6:00 p.m. Alderman Fleming said he may also have other items to discuss at this meeting. The committee members agreed to conduct the Finance & Administration Committee at that time. 
 
Pointe Design Services: City Administrator Kuntz said this is a recommendation to look at the public spaces at The Pointe At Ballwin Commons. These are visible, high traffic areas inside the facility. We are looking for someone with experience to advise in this update. 
 
Director of Parks & Recreation Linda Bruer said, based on our recent experience with work at the Golf Club House and the renovated game room at The Pointe, she recommended that we contract with O’Toole Design Associates for design services in an amount not to exceed the budgeted $12,000, that would include redesign of the Pointe Information desk, and updates to the lobby, meeting room, locker room, and fitness area, as well as budget figures and recommendations for phased project improvements. 
 
Mrs. Bruer said this firm was responsible for the renovation and addition to the Jewish Community Center, which we visited and reviewed their performance with staff. A number of architects that we have had experience with in the past have also endorsed O’Toole Design’s work.
 
A motion was made by Alderman Terbrock and seconded by Alderman Kerlagon to accept the recommendation to award the contract to O’Toole Design Associates, not to exceed the budgeted $12,000. A voice vote was taken with a unanimous affirmative result and the motion passed.
 
Public Hearing: City Administrator Kuntz said the St. Louis County Boundary Commission, will conduct a Public Hearing on Tuesday, August 28 at 7:00 p.m., at the Golf Club House regarding map plan submissions for annexation. We will submit our five-year annexation plan at that time. 
 
2013 Budget: City Administrator Kuntz said at the September 10 Board meeting, he would like provide brief overview presentations from each department. This will be an opportunity for Board input at the start of the budget cycle regarding what changes the Board would like to see, and priorities. The revenue projections are looking better in some areas. 
 
Alderman Boerner asked if the third quarterly report will be provided? City Administrator Kuntz said yes, but at this time, we are diligently working to fill the Finance Officer position, which will hopefully be complete by October 1. There are good candidates with municipal and supervisory experience. 
 
STAFF REPORTS
None.
 
CITY ATTORNEY’S REPORT
 
Ameren Street Lights: City Attorney Jones said, we are under a contract with Ameren for street light services. That contract is expiring this month. The Franchise Agreement continues for another 10 years. City Administrator Kuntz and City Attorney Jones reviewed a proposed contract that Ameren sent, and they have made changes, based upon discussions in committee and with the Board of Aldermen, based upon LED lighting, ability to purchase the facilities or amortize them over time, the ability to take out strings of lights, and other items that we want to be included in the new agreement. He said he is waiting to get the revised agreement back from Ameren with their pricing schedule so that it can be presented to the Board for review. City Attorney Jones said that it is his understanding that when the contract expires, we will be on a month-to-month contract on the same terms, until a new contract is negotiated. 
 
City Administrator Kuntz said that we made sure we got our proposal submitted in time to be reviewed by their legal council. 
 
City Attorney Jones said the Franchise Agreement covers all electrical services within the city. The street light contract deals with the rates for the street lights only. There are separate tariffs that Ameren has to obtain from the Public Service Commission for each element of their electrical service. The main thing that we’re looking for now is that Ameren was ordered by the Public Service Commission to present a study on LED technology. That was supposed to be turned in to the Public Service Commission by July 31. It was not turned in by that time. He said that he has been told that in September, there will be a study provided in the PSC which will include the test of the eleven LED lights in the City of Ballwin. He said he is interested in seeing this before any recommendation is considered for a new contract. 
 
City Administrator Kuntz said the Franchise Agreement is the ability to operate a utility within the city’s right-of-way, that contains price elements. The street light agreement is a separate contract, subject to rate regulation. City Attorney Jones said the Franchise Agreement does have price elements in it. 
 
Alderman Boerner asked, is every city under in the Ameren service area subject to the same Franchise Agreement? City Administrator Kuntz said, only if they provide municipal street lighting, and there are some cities that don’t. With this agreement, they have agreed in theory to give us a 10% discount on the street lights. If they have a 14% rate hike and it applies to street lights, we’re moving backwards at a rapid rate. Our incentive was, “You let us put our poles up, let us be your exclusive street light provider, and we will give you a rate, less a discount.” This is the laymen’s interpretation of the contract that we’re saying we’re not going to sign until other language is included. 
 
Alderman Boerner the franchise agreement is overlay for electricity and everything. City Attorney Jones said yes. They have to apply for new tariffs if they want to change anything in the franchise. Alderman Boerner said, within that framework is the street lights, and it’s set apart because everyone doesn’t have street lights. The street light portion is what is expiring. What negotiating power do we have? Mayor Pogue said the rates are approved by the Public Service Commission, and that’s what the rate increase is across their whole jurisdiction. City Attorney Jones said, it’s been granted and is on appeal now. It’s their opinion that it covers street lights. City Administrator Kuntz said for years, street lights were excluded. We are trying to get information to present to this Board for approval. 
 
Alderman Leahy asked, does the commission also set the pole cost? It’s frustrating to continue paying for the poles month after month. Alderman Boerner asked, what is subject to negotiation? City Attorney Jones said, our ability to accept some but not all utilities, their obligation under the contract to sell them to us at a negotiated price , their obligation to use other technologies, like LED. None of those things were in the current contract agreement. It basically said that they are going to provide services according to the tariffs for 10 years. We wanted some of the other points to be included because of the Board discussions. 
 
Alderman Harder asked if we could pay month-to-month? City Attorney Jones said it’s his opinion that Ameren is not going to continue providing service to Ballwin without a contract. City Administrator Kuntz said, we responded in a timely fashion. We met the demand. We submitted it to them prior to the expiration, gave the language that we wanted included in the contract, and as recently as last Friday, they said they haven’t yet discussed this with their legal department. He said our position is that the ball in in their court, the street lighting will continue at its current rate and terms, until the agreement is modified. We’ve done everything that we need to do and to reflect the terms to Ameren that this Board has requested. 
 
Alderman Leahy asked if we are under any obligation to contact Ameren again? City Attorney Jones said no. We are waiting to hear from Ameren at this point. Alderman Leahy said he suggests that we don’t contact Ameren again until they present to us a counter-proposal. City Administrator Kuntz said that’s basically what we’ve done. Alderman Harder agreed with this recommendation. 
 
City Attorney Jones said the length of the Franchise Agreement is 20 years and was initiated in 2002. The last street light contract was for 10 years. Alderman Leahy then said that based on legislation approved at this meeting, this service should go out to bid. City Attorney Jones said, if ever there was an opportunity to employ our purchasing ordinance, this is the only game in town, we don’t have a choice. 
 
Court Issue: City Attorney Jones said the City of Ballwin was successful in litigation in the wrongful death case involving Paul O’Grady. This was the case where a young man committed suicide. His parents filed suit alleging that the Ballwin Police Department and other first responders should have made a custodial arrest under the circumstances that later was found that he committed suicide. The City was sued, along with other first responders, and the City was successful through the St. Louis Area Insurance Trust in obtaining a dismissal of that case. It has now been appealed. 
 
Solar Panel Project Award: City Attorney Jones said he looked at the RFP and another one that was a specimen provided by City Engineer Gary Kramer, that’s used in Public Works. He said he didn’t see any glaring problem with the RFPs. There are some paragraphs that are duplications which could be eliminated, and he saw that there are alternatives within the RFPs, but if we want to encourage bidders to give us alternatives, he thinks we might want to say that more specifically. He said he will make these adjustments in the forms. 
 
Breezeview Litigation: City Attorney Jones said the demolition contractor, MTL, has been sued by the property owner in a separate action. They have made a demand upon Ballwin to defend them in that separate action. He responded to that demand, saying that we’ve never been given the materials that they promised to give us, which was a Certificate of Insurance and receipts for where the items of personal property were delivered. Until this is done, he can’t recommend to the city that we defend a demolition contract. He said he gave them the opportunity to supply those materials prior to this meeting tonight, but he did not receive it. At this point, we are going to proceed. A motion for summary judgment is on file, the response is due in 8 days, and it’s set for hearing on September 12. At this point, we will proceed in that fashion unless and until we receive something more from MTL. Insurance claims have been submitted by the City of Ballwin which include the demand from MTL. So far, we’ve been told we do not have coverage for this particular project. 
 
ALDERMANIC COMMENTS
 
Code Enforcement – Weeds & Vegetation: Alderman Harder said this is regarding the grass situation and vegetation in Ballwin. He said he reported in Ward 2, violations. Since he’s in the real estate business, he sees violations on a regular basis. He said he has seen 12 or 15 violations in the past couple of months. 
 
Alderman Harder said there is a problem with the response time in posting when the violation is found. The code states that the first time that one of the city inspectors visits the property, they will post the violation, or hand-deliver it, and the property owner has 10 days to correct the violation. If they haven’t corrected the violation after 10 days, it can go to the City Administrator for a hearing to determine if a citation should be issued. 
 
Alderman Harder said we’ve gone from 10 days to 15 days, and then another 5 days to get it abated, which brings the time to about 20 days before the grass is cut. That’s not taking into consideration how bad the situation was when it was reported. Chesterfield’s ordinance limits the time to 5 days, and also for the hearing. He said he would like to see the Ballwin time frame changed to 5 days after the first posting. The inspectors have said that usually after the first posting, the grass is cut the next day. Banks that own properties that are in foreclosure don’t usually act on these notifications within the current time frame.   He said we should be more pro-active on this matter. 
 
Alderman Harder said some people will cut their grass, but not cut the grass in the sidewalk easement between the sidewalk and street. On Kehrs Mill Road and Clayton Road, the people whose property back up to the roadway don’t all cut the grass behind their fence. 
 
Mr. Klein said that we have probably killed several trees to supply the paper for the postings we’ve done over the years on the properties in Claymont and Meadowbrook that back up to Kehrs Mill Road.
 
Alderman Harder asked, would the solution be to shorten the time frame, or are there other things we can do? Mr. Klein said that we wish we could speed up the process, but as he understands it, the Ballwin vegetation ordinance is based on State law and it requires an initial 10-day posting, giving the property owner the chance to cut the grass or appear at a hearing before the City Administrator. If the grass or weeds are not cut, the property is posted with a 5-day abatement notice. At the end of the five days or a total of 15 days, the City can have a contractor mow the property.
 
City Attorney Jones said, Section 71.285 provides that the City has to give a hearing after 10 days notice and 5 days to abate. That’s the same section that allows for the collection of the City’s cost with a special tax bill. If we don’t follow the State Statute, we don’t have any enabling legislation that will allow us to file a special tax lien.
 
Alderman Harder asked why is Chesterfield’s law 5 days? City Attorney Jones said it looks like they are talking about a municipal court summons. Section 20-5 talks about service of a summons in municipal court. It doesn’t mention anything about the time period prior to a hearing. City Administrator Kuntz suggested that this be reviewed by the City Attorney and report back at the next Board meeting. The Board agreed. 
 
Alderman Harder said he observed a property where the grass was cut, but you can hardly see the house because of tall weeds growing in the ivy next to the house. Chesterfield’s law specifies certain types of weeds that they could rule on. The Ballwin code does not do this. 
 
Mr. Klein said that we had proposed an ordinance about 5 years ago that was similar to what Chesterfield has enacted, but it was not acted on at that time.
 
City Administrator Kuntz said that the Board’s philosophy has primarily been complaint driven and not to go to this level of detail. It is good to compare with another city’s model ordinance, rather than having City Attorney Jones research what our legal limitations are. 
 
International Baseball Tournament:  Alderman Terbrock thanked Mayor Pogue, Aldermen Harder, Fleming, and Kerlagon for attending the opening ceremonies of the International Baseball Tournament and for participation in the event. There were participants from Australia, Germany, Netherlands, Austria, and Japan. This was an outstanding event for the Ballwin Athletic Association and the City of Ballwin. There was a lot of media attention here and in Europe. Ballwin was truly “Bringing People Together”. Mayor Pogue said that the children from the various countries blended well together and truly enjoyed each other’s companionship through the entire event. Alderman Terbrock said that St. Louis Sports Productions live-streamed the games on the internet. All of the food supplied for the teams was from Ballwin businesses. 
 
Alderman Fleming thanked the businesses that supported this event and the families that left the kids from other countries stay in their homes. He said that Mayor Pogue and Alderman Terbrock worked tirelessly on this event. They were at the airport greeting the teams when they arrived. They were also at the airport when the left to return to their home countries. They spent an enormous amount of time working the BAA in the entire tournament. 
 
Alderman Kerlagon said that there is a computer app that the teams were using that they could talk into it and their conversations were converted from Japanese to English and vice versa. This enables them to speak to each other.
 
Vehicle Traffic & Solicitors: Alderman Kerlagon said a Ballwin resident said there is a change in the traffic pattern at Big Bend and Ries Road. The drivers are becoming more aggressive at this intersection. His car was hit once. The same Ballwin resident expressed concern about items being hung on his door when he’s not at home and the flyers remain on the door until he comes home. This is an announcement to anyone that he’s not at home. Alderman Kerlagon said that her husband has asked to see the identification of the solicitor. The response was that they didn’t have an ID. People can call the police regarding solicitation.
 
Mayor Pogue said that just hanging flyers on doors does not require a permit. If they are knocking on doors to personally solicit requires a permit. Police Chief Schicker said this is correct. Alderman Kerlagon said that the flyer hanging on the door for several days is a clear sign that no one is at home. 
 
Citizen’s Police Academy Alumni Event: Alderman Kerlagon said this was held on August 15. A representative from the Drug Enforcement Agency spoke at this event. 
 
Allied Waste Mailing: Alderman Dogan said there has been a lot of confusion from the elderly residents. He asked if there is a way for Allied to communicate with the residents to follow up on the information that they sent. There are questions that were not addressed in the mailing. He said that August 5 was a deadline for people to decide what size container they wanted. Is there a grace period after August 5? Can they switch containers after delivery? Mayor Pogue said that Allied wants to get an estimate on how many containers of each size they should order. City Administrator Kuntz said a second mailing is currently being prepared. It addresses frequently asked questions and clarifications from the first mailing. He said he will send this to the Board for feedback directly to Allied, or to Mr. Klein. 
 
Alderman Harder said that a resident called him with concern that she was going to be double billed. He said he explained the billing to her, including the senior discount. 
 
Twilight Swim: Alderman Finley said the August 11 Twilight Swim was excellent and a big success. He said that Matt Struemph and Adam Peper did a great job. Lancia’s provided frozen custard. 
 
City Finances: Alderman Finley said he watched a show on cable called “Cities Going Broke”. He said it was very alarming how cities have made so many bad decisions over the years and put them in a bad position. It made him very thankful to the people over the years, past and present, who have been good stewards of our City finances. 
 
Adjourn: A motion was made by Alderman Fleming and seconded by Alderman Leahy to adjourn. The motion passed unanimously and the meeting was adjourned at 9:38 p.m.
 
Tim Pogue, Mayor
 
ATTEST:
Robert A. Kuntz, City Administrator