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Board of Aldermen Meeting Agendas & Minutes

 

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

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

Board of Aldermen Meeting

Meeting Agenda

MEETING NOTICE - Budget Work Session

The Ballwin Board of Aldermen will meet in a Budget Work Session for 2013 on October 8 at 6:00 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.  Specific topics will include, but not limited to, revenue projections, debt obligations, and Parks & Recreation plans for the year ahead.

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

BUDGET WORK SESSION MINUTES
City of Ballwin
October 8, 2012

The Budget Work Session was called to order at 6:05 p.m. by Mayor Pogue.  In attendance were Aldermen Jimmy Terbrock, Michael Finley, Mark Harder, Shamed Dogan, Frank Fleming, and Kathy Kerlagon.  Also in attendance were City Administrator Robert Kuntz, Assistant City Administrator Tom Aiken, Chief of Police Steve Schicker, Director of Parks and Recreation Linda Bruer, Director of Public Works Gary Kramer, and City Attorney Robert Jones.

Revenue Projections
City Administrator Kuntz briefly presented his revenue projections for 2013 and his year-to-date expenditures for 2012.  Mr. Kuntz explained that it is very early in the process for these numbers to be considered accurate, but they are intended to give some direction as to the avenues the City is currently following with regard to revenues and expenditures.  Because we are as early as we are in the 2012 budget, it is too early to give any kind of an estimate as to what portion of the budget may remain as unexpended at year end. 

He noted that at this point, it looks like there will be approximately $425,000 of revenues in excess of revenue budget for the year 2012.  Additionally, it looks as though expenditures will be somewhere in the vicinity of $624,000 less than budgeted.  He again noted that it is very early in the process and these projections are subject to change.

He noted that there will be at least five new major retail sales tax generators in 2013 contributing to Ballwin’s sales tax revenues.  Based upon the revenues generated by similar stores in other municipalities, he anticipates that these five additional revenue generators will produce in the vicinity of $250,000 of additional revenue to the City of Ballwin in 2013.  Mr. Kuntz also noted that debt will be retired, and that the 2013 budget will reflect approximately $1 million in revenue available for an expenditure that was previously committed to debt retirement. 

Mr. Kuntz noted that utility taxes are expected to be higher by approximately $100,000 in 2013 above what is projected to be received in 2012.  He noted that gas has not been on an increasing mode due to the decrease in the cost of wholesale gas throughout the country, but the other utilities will account for most of the increase in revenues.  This is particularly true if the utility rate increases that have been requested by Ameren, are approved. 
Alderman Harder asked if Mr. Kuntz’s report shows utility expenditure for 2012.  City Administrator Kuntz said that the year-to-date expenditures are shown in the operating budget information provided to the Board.  Any increase in the cost of utilities will be an increase to the City of Ballwin for the consumption of such utilities.  The Pointe can use $20,000 in electricity in the summer heat.  Fortunately for the City, however, an increase in utility cost produces an increase in utility sales tax revenue.  Since the City is rather substantial in the number of businesses and residences that consume utilities and pay this tax, generally the increase in revenue will exceed any increase in operating cost to the City for the increased utility rates. 

Alderman Dogan said that business license receipts were substantial and he was glad to see that this was not an issue for us.  City Administrator Kuntz said yes, business license fees are due by March 1.  Ballwin has been very fortunate in that only a handful of businesses have been late or no-shows on the payment of their business license fees.  Since most business license fees are based upon gross receipts, if their business is good and there’s an increase in retail sales, that corresponds to a slightly higher business license fee. 

Alderman Fleming said that the reports provided by City Administrator Kuntz are the first that the Board had received from the new financial software.

Parks & Recreation Expenditures
Director of Parks & Recreation Linda Bruer presented her report on expenses in 2012 and 2013 that are the nature of one-time expenses and not recurrent annual costs.  These are detailed in the attached report.  Ms. Bruer said that a particular interest in the 2013 budget is her anticipation of applying for a grant for partial funding of phase 1 of the Ferris Park improvements.  Based upon the City’s size, the maximum amount that can be awarded under this grant program is approximately $310,000, and that is the amount she will be requesting. 

Alderman Terbrock asked if the $17,500 for accessibility lifts for the North Pointe was a per-lift price, or if that was to cover all three lifts.  Ms. Bruer responded that all three lifts would be covered for that amount. 

Alderman Finley asked if the parking lot at the Golf Course will be made bigger as part of the overlay work being proposed.  Ms. Bruer said the lot was not planned to be made any larger, but she did not expect that there would be any loss of overall parking capacity. 

Alderman Fleming asked what materials the other parking lots in the City are built of.  Deputy Director of Parks, John Hoffman responded that all of the parking lots in the city are asphalt at this time.  Alderman Fleming asked if John was familiar with the proposed concrete overlay procedure for parking lots, and was satisfied that it would hold up.  Mr. Hoffman said he has observed a couple of installations that are several years, they look to be in good shape, and he believes it is a desirable procedure to pursue for the Golf Course parking lot.  Alderman Fleming asked about the proposed installation of new illumination at the Golf Course parking lot.  He noted that a cost of $9,500 per light would result in a substantial timeframe for re-payment, based upon the savings and energy consumption.  City Administrator Kuntz acknowledged that this is correct.  The savings were not the only reason for consideration of replacement of the existing Ameren lights.  Now with the parking lot being torn up is the ideal time to install a new illumination system if that is going to be done.  Additionally, the new lights are the same style as those used throughout the City’s existing facilities, such as The Pointe, North Pointe, Government Center, Police parking lot, and along Kehrs Mill Road in Vlasis Park.  Putting these lights in would effectively tie all of our facilities together.  He noted that the high energy efficiency lighting that’s proposed has a very long cycle life.  Not only is the actual consumption of electricity substantially less than that of the Ameren lights, but the fixtures and the bulbs last substantially longer. 

There was no additional discussion.  Mayor Pogue declared the meeting adjourned at 6:58 p.m.

Approved:  October 22, 2012.
Tim Pogue, Mayor

ATTEST:
Robert Kuntz, City Administrator 

TA:MC
October 8, 2012 – Budget Work Session


MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
October 8, 2012

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

             PRESENT                                         ABSENT
MAYOR TIM POGUE 
ALDERMAN JIMMY TERBROCK     ALDERMAN JIM LEAHY
ALDERMAN MICHAEL FINLEY 
ALDERMAN MARK HARDER 
ALDERMAN SHAMED DOGAN 
ALDERMAN FRANK FLEMING 
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 24, 2012 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Fleming and seconded by Alderman Harder to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATIONS
Ferris Park Design:  Jay Wohlschlaeger, with SWT Design, presented the design proposal for Ferris Park.  This was a resident-input process with two public meetings.  The new design includes an enhanced park entry, water feature, bridge, exploration playground, outdoor classroom, small shelter, restroom, tree house/overlook, sustainable parking lot, biofiltration garden, native landscape, The Green, creek overlook, natural trail, riparian (a landscape transition zone which us under water and above water that can take fluctuating water levels; along the creek edge) landscape and creek bank stabilization, existing comfort station, and existing pavilion. 

Alderman Boerner asked about the scale of the map.  Mr. Wohlschlaeger said 1 inch equals approximately 80 feet.  Alderman Boerner asked how far is the property line from residences that back up to the park?  Mr. Wohlschlaeger said the dark line on the map indicates the boundary line.  City Administrator Kuntz said, there is an existing fence, and most of the houses have fairly deep back yards with lots of vegetation.  The residences to the south are distant and removed.  Mr. Wohlschlaeger said most of those residents attended the meetings. 

Energy Efficiency at The Pointe:  Ellie Blankenship with CTS Group, addressed the Board and explained a potential process to upgrade the Pointe’s energy utilization as the old HVAC equipment is replaced.  Per Missouri Statute 8.231, Guaranteed Energy Savings Contracts; the savings in energy utilization can help fund the cost of equipment over time.  The improvements would be financed for up to 15 years, with re-direct savings to help fund the cost of the new equipment.  CTS would use local sub-contractors if possible.  Grants and rebates would be allocated to fund the project.  The savings are guaranteed.  After the construction is complete, and after the first year of operation, they measure and verify the savings to make sure the goal is met.  If the goal is not met, CTS will write a check for the difference.  If the goal was to save $50,000, and only $40,000 was the savings, CTS would write a check for $10,000.  They guarantee that there are no change orders during construction.  If they missed a section of lights, as an example, that would be covered under the project. 

Ms. Blankenship said they have recently completed projects at the City of Richmond Heights and the City of Hazelwood. 

Ms. Blankenship said The Pointe has been compared with other facilities of similar size.  The Pointe is doing well on the electrical comparison.  On gas, the usage is in the middle.  Natural light coming into the indoor pool area and gym is a savings also.  Some items for consideration will be geo-thermal, selecting an interview service company, signing a letter of intent to move forward with a detailed analysis.  Other recommendations would be made.  At this point, there would not be a financial commitment.  She said the utilities were 30% reduced at Richmond Heights and 40% at Hazelwood. 

Ms. Blankenship said that testing would be done, lighting, control strategies, which will save a lot of money.  This is a comprehensive approach  instead of individual items. 

City Administrator Kuntz said that this can be funded with existing dollars.  The company will create a list of items, we will budget accordingly, the company would see that the performance standards are met with the right replacement equipment.  Ms. Blankenship said there would be a guarantee not-to-exceed price for any of the improvement measures.  You can pay for this according to Board selection.  The first year measurement verification is part of the project.  After the first year, it will be determined if the projected savings were met.  At that time, it will be the City’s decision to continue or not.  There is flexibility. 

Alderman Boerner asked about the qualifications of the engineers.  Ms. Blankenship said the majority are mechanical engineers, and they are also have the P.E. designation.  They are also Certified Energy Managers.  Several have certification for green buildings.  All are professional engineers that are registered in the State of Missouri. 

Alderman Boerner asked what is the next step in the process.  Mayor Pogue said this would be to use a Request For Proposals for this service.  City Administrator Kuntz said and then evaluate the results and determine if you want to proceed with the concept.  There would be no cost implication to make the next step. 

Ms. Blankenship said the analysis has been done at no cost.  She said CTS Group has done a preliminary analysis.  Based on the initial findings, it’s worth going to the next step.  More analysis would then be done for the proposal.  At that time, the decision would be made if Ballwin wants to continue with the process.  In a simplified form, CTS is a general contractor.  There will be an on-site project manager, everything will be bid out to the sub-contractors, design it, and make the presentation.  It’s more than a general contractor.  The guarantee is renewable annually and extends for one year at a time.

Alderman Boerner said it would be beneficial for our renewal if we were not achieving the results we were supposed to get.  Ms. Blankenship said, we will come back to you and present our findings.  If we fell short and write a check, we will do the next year at our cost.  We will make improvements, at our cost, so that we don’t have to pay every year. 

Alderman Boerner asked, if we pay a fee for the guarantee, is that amount defined up front on an annual basis, or is it modified year by year?  Ms. Blankenship said, we’ll tell you what it is up front.  As time moves forward, there could be a 3% increase, but you will know.  This is based on the hours for the engineer to put together the analysis. 

Alderman Terbrock asked about the Camden County work.  Ms. Blankenship said this was completed several months ago.  Alderman Terbrock said the Camden County project, the cost was $1.8 million, with a 15-year term total savings of $2,834,840.  The guarantee was to save $104,421 per year in energy, and another $40,000 in operational savings.  Alderman Boerner said this is a good selling point.  Ms. Blankenship said that asking for references is important.

PENDING ISSUES
None.

CITIZEN COMMENTS
Lisa Decker, on 110 Coral Terrace:  Ms. Decker requested a no-parking sign on Coral Terrace because people are parking right across from an entrance to another condo complex.  She parks on the street facing east.  When the other vehicles are parked in this spot, it’s hard to see moving vehicles when trying to back up.  Its unsafe.  There is a speed limit sign, and no parking sign could be installed under the speed limit sign.  Mayor Pogue said that our Police Chief and City Engineer will look at this and make a determination. 

Lou Salmone, Quinnmoor Drive:  Mr. Salmone said he operates Suburban Bow Hunters, and he is speaking regarding the Deer Hunting ordinance.  His group has been involved with the deer issue for the past 10 years in urban areas.  Eight years ago, they approached Clarkson Valley, and they passed an ordinance.  He said that Meadowbrook Golf Course might possibly want to use this service if the ordinances is approved.  They have serviced the Claymont Estates subdivision for the last seven years.  He said there are a lot of deer in the Castlewood area.  Areas that are wooded contribute to the deer population. 

Mr. Salmone said their operating procedures are stricter than the proposed ordinance.  He said he trains people for this type of hunting.  He has received 100 applications, and not many have passed to qualify.  Wildwood did not have a regulation for bow hunting until recently. 

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3760 - AN ORDINANCE PROVIDING REGULATIONS FOR DEER HUNTING BY CERTAIN ARCHERY METHODS WITHIN THE CITY OF BALLWIN.

A motion was made by Alderman Harder and seconded by Alderman Terbrock for a first reading of Bill No. 3760.   A voice vote was taken with a unanimous affirmative result, the motion passed and Bill No. 3760 was read for the first time.

Alderman Fleming recommended that hunting on all City property be prohibited.  City Attorney Jones said this statement, of added, should be included in the regulation section.  Alderman Fleming said that even though safety measures would be in place, hunting should not be done in Ballwin’s public parks.  Mayor Pogue agreed.  He said we cannot shut the parks down to allow hunting.  This would not be a safe situation. 

Alderman Terbrock said he agrees for safety purposes. 

Alderman Kerlagon said she is going to be voting no on this bill.  She sent out a note to the citizens in Ward 4.  She received e-mails from residents who voiced their concerns, asking for a no vote on this bill.  She said she enjoys watching the deer.  She will not be able to support this issue. 

Alderman Boerner said he supports this issue because of his wife’s experience.  He said he will not drive on Kiefer Creek Road after dark.  Every time he drives in that area, he sees deer.  He’s afraid that one of these times, he will strike a deer with his car. 

A motion was made by Alderman Fleming and seconded by Alderman Harder to add a paragraph under Section 18-91, as Item 11, hunting shall not be allowed on property owned or controlled by the City of Ballwin.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Finley asked, would violations of this ordinance trigger various penalties under Ballwin’s code or State laws?  City Attorney Jones said yes.  It would be subject to the general penalty clause, which is a fine of up to $1,000 or up to 90 days in jail.  This would be charged in Municipal Court.  If it was a violation of the statutes of the Missouri Conservation Commission, this would be a state court violation.  It has been incorporated, by reference, the Conservation regulations. 

Alderman Finley said, when someone is waiting in a hunting stand, there could be eating and drinking.  He suggested including a provision that would cause the individual who is hunting to be responsible for their own debris.  He said this could be added to Section 18-92, item K.  City Attorney Jones said this provision could be added.  There’s already a prohibition about discharging an arrow that lands within 50 feet of any street or public right-of-way.  There’s a provision about not possessing or consuming alcohol, each person that has obtained permission is responsible for all the hunters in their group.  There’s a provision for the land owner to control the actions in accordance with this procedure, but also a general clause that says the land owner can place additional restrictions. 

Mayor Pogue said that he previously suggested that a form be used that refers to the disposition of arrows made of any wayward arrow.  This would be handled between the property owners and the hunter.  

Alderman Harder said about a year ago, Linda Gephardt was hit by a deer in Ellisville by the K-mart parking lot and suffered considerable injury.  She had to spend 6-8 months in medical care.  That is what motivated him to encourage legislation to thin out the deer population.  The intent is not to get rid of all of the deer in the area.  One of the issues was to have a consistent policy with the surrounding neighboring cities.  This has been achieved with bill 3760.  He is in support of this legislation.

Alderman Finley said that he is going to vote in favor of this legislation.  He said that this legislation is not to allow wide open hunting.  This will be very controlled.  Some deer will still be in the area.  He said he believes it is in the public’s interest to pass this legislation. 

A motion was made by Alderman Fleming and seconded by Alderman Boerner for a second reading of Bill No. 3760, as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3760 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3760 with the following results: 
Ayes – Fleming, Boerner, Terbrock, Finley, Dogan, Harder.   Nays – Kerlagon.  Bill No. 3760 was approved by a vote of 6-1and became Ordinance No. 12-37.

A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF BALLWIN TO EXECUTE A CONTRACT ON BEHALF OF THE CITY OF BALLWIN, MISSOURI, WITH ST. LOUIS COUNTY, MISSOURI, FOR REFERRAL OF CERTAIN MUNICIPAL ORDINANCE VIOLATIONS TO THE ST. LOUIS COUNTY MENTAL HEALTH COURT.

Alderman Boerner asked why is this a Resolution instead of an Ordinance?  City Attorney Jones said, this is the way it was proposed by St. Louis County and the way it was done when the Board passed it last time.  He said, we have already been participating in this program.  It was suspended last year because of a concern about a State enabling statute which provided for municipalities to use St. Louis County to prosecute their cases.  It was determined by a legal opinion of the St. Louis County Council that it was an all or nothing proposition.  We either gave them all of our cases or none of our cases.  They suspended the service until the State law was changed.  That happened in the last legislative session.  Now it is being re-introduced.  Each one of the cities are going back and passing a new Resolution. 

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

BILL # 3761 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY WITH THE CITY OF MANCHESTER RELATING TO PROVIDING POLICE COMMUNICATION SERVICES FOR THE CITY OF MANCHESTER.

A motion was made by Alderman Kerlagon and seconded by Alderman Terbrock for a first reading of Bill No. 3761.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3761 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. 3761.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3761 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3761 with the following results: 
Ayes – Terbrock, Fleming, Dogan, Boerner, Harder, Kerlagon, Finley.  Nays – None.  Bill No. 3761 was approved and became Ordinance No. 12-38.

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. None.

MAYOR’S REPORT
Fall Fest:  Mayor Pogue said the Fall Fest is this weekend at the Ballwin Athletic Association from 4:00 p.m. to 10:00 p.m. 

Electronics Recycling:  There will be an electronic recycling drive with Allied Waste/Republic Services on October 20 from 8:00 a.m. – 12:00 noon, at the North Pointe.  Anything with a plug can be dropped off for recycling.  The drop off will be free, no charge.  City Administrator Kuntz said the trash haulers get into trouble if electronics are found co-mingled with residential trash. 

Historical Commission Book Sale:     November 1-3 at The Pointe.

CITY ADMINISTRATOR’S REPORT
Night Paving:  City Administrator Kuntz said, the contractor for the Kehrs Mill work has requested night paving on a limited basis for the removal of asphalt and installation of the base for the new pavement surface.  If this can be done at night, the construction time will be shortened significantly and fewer obstacles for traffic.  This would also mean that the Board would have to waive or suspend the noise ordinance, which states that construction cannot start before 7:00 a.m. or continue after 8:00 p.m.  This would be on a limited basis and for public safety.  The inspector will be with the operation the entire evening, as well as a supervisor for the construction company.  This will be a temporary inconvenience.  This work could be done in a few nights.  During the day, it could take 3 weeks.

Mark Riser, President of Krupp Construction Company, said he is the contractor on the Kehrs Mill project.  The biggest issue is public safety, which involves school buses, traffic, postal mail delivery, and the construction crews.  There will be at least 30 dump trucks and other construction equipment.  Night paving will be much easier and faster. 

City Administrator Kuntz said that Krupp Construction has successful history with the City of Ballwin.  They do good quality work and will be true to their word.  Mr. Riser said he is hoping to do this project in three nights, possibly four, weather permitting.  They would start at 7:00 p.m. and finish at 5:30 a.m., for three consecutive nights.  He said they will start near Clayton Road, work all the way to Holloway, and then turn around and come back to Clayton Road.  Some people will be inconvenienced for two nights. 

Alderman Harder asked how long will the crews be in front of anyone’s house?  Mr. Riser said, there will be two big roto mill machines.  They will be grinding the pavement.  Behind that, there will be the cleaning operation with street sweepers, followed by the paving operations.  There will be three operations that will stretch a couple hundred yards.  It will be moving down the road.  There will be through traffic all the time.  He said that 4 inches of pavement will be removed.  There will be noise, but the night work will be the least amount of inconvenience for the city and the residents.  During the day, the concrete items will be under construction, but there won’t be any big inconvenience during the day. 

Alderman Terbrock said that three or four nights of interruption is better than three weeks of traffic congestion and workers’ safety issues.  Mr. Riser said that most St. Louis County and MoDOT work is being done at night.  Rain will postpone the operation.  Notice will be sent out to the surrounding residents.  Steamboat Lane will be closed at night to limit the traffic.  The plan is to start one week from tonight, which is October 15. 

City Engineer Kramer said, the bid specifications did not include night work.  Originally, the plan was to have all of the easements acquired and construction would be done during the summer when school was not in session, to be completed before Labor Day.  Because of the delay of easement acquisition, the project was pushed back into the school season.  There will be approximately 400 letters that will be distributed to the residents giving notification of the night work and time frame.  Message boards will also be used to give notifications. 

A motion was made by Alderman Fleming and seconded by Alderman Terbrock to accept the recommendation for night paving on Kehrs Mill Road.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Budget:  City Administrator Kuntz said at 6:00 p.m. this evening, a budget work session was held, which was open to the public and was advertised.  The Board discussed the revenue aspects and the Parks Department highlights for the 2013 budget.  At the next Board meeting, the pay plan will be discussed, which was an unresolved issue at the last Budget meeting.  Employee compensation and pension plan adjustments were discussed.  This will not be a separate work session.  On November 12, the plan is to provide detailed drafts of the expenditures for all departments and more detailed information regarding the revenue.  On November 26, a comprehensive draft will be provided of the entire fiscal plan for 2013.  Assuming that on November 26 there are no major changes, it will be proposed that the capital improvement plan be presented to the Planning & Zoning Commission at their December 3rd meeting.  Official adoption by this Board will take place at the December 10 meeting.  The Board agreed to the proposed schedule. 

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT
Code Enforcement:  City Attorney Jones reported on the weeds and vegetation legislation.  He said, “the City of Clayton’s procedure was used, which is more aggressive with regard to the notice procedures, and completely eliminates the hearings, unless it is requested by the property owner.  A change in Missouri law in 2004 allowed that to happen.  I added three new sections to our Chapter 29.  The feedback that I received from Assistant City Administrator Aiken and Code Enforcement Supervisor Klein indicates that I’ve impacted two other sections of our code which are now irreconcilable.  I will have to figure out how to harmonize those two sections.  I definitely think I need guidance from this Board in terms of how aggressive they want to be.  I’m told that the hearings are really not a big deal.  They result in the kind of administrative orders that allow weeds and vegetation to be abated, and it hasn’t been a problem.  It’s very clear that if we adopt our own procedures, we don’t have to follow the statutory procedures.  In the event of a second event within the same growing season, the City can abate without giving notice.  If there is a second trash and debris accumulation within the same calendar year, the City can abate without further notice.  Those provisions, at a minimum, should be incorporated into our ordinances, even if we do nothing else, and decide to leave things the way they are.  I think we should give staff some guidance in terms of a general philosophy, whether we want them to be more pro-active, or continue to deal with these things on a complaint by complaint basis.”

City Attorney Jones said, “I tried to contact Clayton and Chesterfield to see how some of these similar provisions that I’ve incorporated into our new ordinance have been working in those cities.  I’ve not been able to get through to the people that are hands-on doing that sort of thing.  I will continue to contact them.  I anticipate having a new draft prepared within the next day or two.” 

City Administrator Kuntz said that the legislation can be included on the agenda for consideration, and perhaps defer the wider discussion to a Board retreat where the philosophy could be discussed.  City Attorney Jones agreed and said that he did not include those kinds of statements in the legislation.  He said he believes we should combine weeds, vegetation, invasive and noxious species, and accumulation of debris in the same chapter, which seems to be the way the State enabling statute allows us to do it and it seems to be the trend among the cities that I’m researching.  We should have the same sorts of procedures and be consistent. 

Alderman Harder said, in Clarkson Crossing subdivision, there is a house that has been in poor condition in the last 6 – 8 years.  They have been cited, but it keeps piling up.  In the front of the house, there are trash cans and trash.  There is a filing cabinet laying on the grass and a ladder on top of the file cabinet.  There are containers in the back yard.  The siding is deteriorated on the back of the house and the windows are in bad shape.  There is tall grass and weeds around the air-conditioner.  There’s junk under the front porch, including a bed, tarps, etc.  The owner brought in dump loads of dirt and piled it in the back yard and never did anything with it.  There’s weeds and grass growing on top of the dirt.   The trustees have sent numerous letters, but the letters are ignored and no action is taken by the owner.  He said this is one of the reasons he is in favor of this legislation. 

ALDERMANIC COMMENTS
None.

Adjourn:  A motion was made by Alderman Fleming and seconded by Alderman Boerner to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:51 p.m.

Approved:  October 22, 2012
TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC