Board of Aldermen Meeting

Meeting Agenda

CITY OF BALLWIN
BOARD OF ALDERMEN MEETING AGENDA
September 23, 2013 7:00 p.m.
At 300 Park Drive, Donald “Red” Loehr Police & Court Center
www.ballwin.mo.us

1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. Approval of Minutes: September 9, 2013: Budget Work Session
Board of Aldermen meeting & closed session

5. Presentation: Recreational Facilities – Director of Parks & Recreation Linda Bruer

6. Pending Issues: None.

7. Citizen Comments

8. Public Hearing: None.

New Business:

9. Legislation Next Ordinance # 13-37
     A. Bill # 3807 Henry Avenue Resurfacing & Sidewalk Improvements
     B. Bill # 3808 Essen Place Subdivision

10. Consent Items
     A. S.U.E. Transfer – 15221 Manchester Road
     B. Liquor License – 15221 Manchester Road
     C. Surplus Vehicles
     D. S.U.E. Transfer – Lion’s Choice

11. Mayor’s Report
     A. Planning & Zoning Appointment

12. City Administrator’s Report
     A. No Parking Request

13. Staff Reports
     A. Funding Options – Finance Officer Denise Keller
     B. Mosquito Control – City Engineer Gary Kramer

14. City Attorney’s Report

15. Aldermanic Comments

16. Adjourn

NOTE: Due to ongoing City business, all meeting agendas should be considered tentative. Additional issues may be introduced during the course of the meeting.
CLOSED SESSION: Pursuant to Section 610.022 RSMo., The Board of Aldermen could, at any time during the meeting, vote to close the public meeting and move to closed session to discuss matters relating to litigation, legal actions, and/or communications from the City Attorney, as provided under Section 610.021(1) RSMo., and/or personnel matters under Section 610.021(13) RSMo., and/or employee matters under Section 610.021(3) RSMo., and/or real estate matters under Section 610.021(2) or other matters as permitted by Chapter 610.

---

BOARD OF ALDERMEN MEETING BRIEFS
September 23, 2013 7:00 p.m.
300 Park Drive – Donald “Red” Loehr Police & Court Center

This is a condensed summary of the action items which will be considered at tonight’s Board Meeting. It has been prepared to give you a greater understanding of the issues which will be discussed. If you have comments, questions, or concerns, please call (636) 227-8580. If you would like to know more about the programs or services which we provide, please dial our 24-Hour Information Line (636) 207-2300, or visit us on the web at www.ballwin.mo.us.

CITIZEN COMMENTS

If you wish to address the Board during this meeting, please fill out the “Citizen Comments: To Address the Board of Aldermen” form and place it in the tray on the table in the center of the Board Room before the meeting begins. Topics of a global nature, such as requests for ballot initiative endorsements, should be submitted in writing to the City Clerk at 14811 Manchester Road, or e-mailed to mclark@ballwin.mo.us prior to the meeting.

Please limit your comments to 3 minutes as an individual and 5 minutes representing a group. Please avoid repeating comments others have already made.

Thank you for your cooperation.

MINUTES
The Minutes from the September 9 Budget Work Session, Board of Aldermen meeting and closed session are submitted for approval.

PRESENTATION
Director of Parks & Recreation Linda Bruer will present our new promotional video, which is an overview of our comprehensive recreational amenities.

HENRY AVENUE RESURFACING (Bill 3807)
As a condition of our acceptance of this Federal grant, the Board must adopt enabling legislation at this time even though the project is not set to start until 2015.

ESSEN PLACE SUBDIVISION (Bill 3808)
McBride Essen LLC has asked for the approval of a preliminary subdivision plat for the 20-lot single-family subdivision for which R-4 zoning was approved earlier this summer. The petitioner is also asking for credit for the construction of private recreational facilities against the payment of a recreational fee.

15221 MANCHESTER ROAD – S.U.E. TRANSFER
The U-Gas store at 15221 Manchester Road will be changing to a “Dirt Cheap” store after the new station opens at Seven Trails Drive.

LIQUOR LICENSE
Approval of the Dirt Cheap Liquor License at 15221 Manchester Road is requested.

SURPLUS VEHICLES
It is recommended that all 4 of our surplus police vehicles be sold to Asia Motors Inc., who submitted the highest sealed bid.

LION’S CHOICE S.U.E.
The ownership of the Lion’s Choice restaurant chain has changed from the Red Lion Beef Corp. to L C Restaurant LLC. Ordinances 1563 and 2593, have been petitioned for transfer.

P & Z APPOINTMENT
Mayor Pogue would like to discuss the Ward 2 vacancy to the Planning & Zoning Commission, as well as other openings.

NO PARKING REQUEST
We have received a request to extend the no parking restriction along Glenmeadow Drive. Based on staff’s field analysis, it is recommended that this action be taken.

FINANCING OPTIONS
At the last Board meeting, conceptual approval was given to move forward with a comprehensive upgrade of all mechanical systems at The Pointe At Ballwin Commons. In light of this significant financial commitment, we have conducted a preliminary analysis which will be presented by Finance Officer Keller.

MOSQUITO CONTROL
If more aggressive and proactive vector control is a priority, it looks like we will have to get back in the business. If we budget (pesticide and additional motor fuel costs) for in-house city-wide weekly fogging May – October, the personnel budget will not change. We will be one person short to work on other tasks.

 

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 Park Drive
September 23, 2013

The meeting was called to order by Mayor Pogue at 7:01 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 KATHY KERLAGON
ALDERMAN MIKE BOLAND
ASSISTANT CITY ADMINISTRATOR TOM AIKEN    CITY ADMINISTRATOR ROBERT KUNTZ
CITY ATTORNEY ROBERT E. JONES

The Pledge of Allegiance was given.

MINUTES

The Minutes of the September 9, 2013 Budget Work session were submitted for approval. A motion was made by Alderman Fleming and seconded by Alderman Leahy to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the September 9, 2013 Board of Aldermen meeting and closed session were submitted for approval. A motion was made by Alderman Fleming and seconded by Alderman Leahy to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
Recreational Facilities: Director of Parks & Recreation Linda Bruer presented a new promotional video, which highlights Ballwin’s recreational amenities. It’s intended for a wide variety of applications, including, but not limited to the website, subdivision meetings, service clubs, realtor and potential developer presentations, facility / monitors, and grant applications.

PENDING ISSUES
None.

CITIZEN COMMENTS
None.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

Henry Avenue Resurfacing & Sidewalk Improvements:

BILL # 3807 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN TO EXECUTE A STP-URBAN PROGRAM AGREEMENT UNDER THE FEDERAL HIGHWAY ACT FOR FUNDING OF A GRANT FOR COMPREHENSIVE IMPROVEMENTS TO HENRY AVENUE.

A motion was made by Alderman Fleming and seconded by Alderman Boland for a first reading of Bill No. 3807. A voice vote was taken with a unanimous affirmative result, the motion passed and Bill No. 3807 was read for the first time.

Alderman Harder asked what is Ballwin’s maximum contribution? City Engineer Kramer said approximately $222,000. Alderman Harder asked if the number will change by 2015. City Engineer Kramer said inflation and contingencies were built into the numbers, so he hopes it won’t. Alderman Harder asked if the City of Manchester is part of this. City Engineer Kramer said no. It was recommended by East-West Gateway that each city do their own petitions separately. The time line is 2017 to get this built. The project would be budgeted each year.

Alderman Boland said our portion is $277,000. Will this be broken down into allocations for 2015 and 2016? City Engineer Kramer said it will be broken down in parts over 3 years. Alderman Fleming said we are responsible for the entire amount, but then we get it back from the government. City Engineer Kramer said we don’t have to wait until everything is done. Ballwin will submit monthly reimbursement requests to the State, driving the course of the project as construction bills are paid for the work. The bulk of the money will be in 2017.

A motion was made by Alderman Fleming and seconded by Alderman Boland for a second reading of Bill No. 3807. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3807 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3807 with the following results:
Ayes – Fleming, Boland, Terbrock, Leahy, Finley, Harder, Kerlagon, Dogan. Nays – None. Bill No. 3807 was approved and became Ordinance No. 13-37.

Essen Place Subdivision:

BILL # 3808 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PRELIMINARY SUBDIVISION PLAT FOR ESSEN PLACE SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Kerlagon and seconded by Alderman Finley for a first reading of Bill No. 3808. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3808 was read for the first time.

Mayor Pogue said the Commission extensively discussed the centerline curve radius question and the applicability of the common ground to the open and recreational space requirements. Alderman Fleming said that the petitioner wanted to build the road with a 100-foot centerline radius. The first unresolved issue was that road construction standards require a 150-foot centerline radius, but provide for a variance based on physical limitations of the site. The petitioner was not able to demonstrate any physical limitations to justify the 150-foot radius and has agreed to adjust the design to comply.

The second issue was that the petitioner is also asking for credit for the construction of private recreational facilities against the payment of a recreational fee or the provision of public facilities. After discussing the merits of the proposed recreation facilities, the Commission recommended that no credit be given for the proposed improvements and the full fee in lieu of contribution be paid. The petitioner has submitted the attached letter suggesting a compromise in which a $750/lot fee would be paid and credit would be given for the private recreational improvements equal to approximately $3,250/lot. This is based on the ordinance formula for computing the recreational contribution. The Board has never agreed to a reduced compensation formula in the past.

Jeremy Roth, with McBride & Sons, presented an explanation of the request and provided a visual layout of the plan. He said that the recreation area would be for the property owners use and he believes that it meets the requirements of the code. A gazebo could be added to the plan that would be a gathering place for the residents of the subdivision. He said all the requirements of the code for a private facility are met in the plan. He asked that the proposal be reconsidered. Alderman Boland said that the recreation area is very close to the rear of these lots. We want developers to provide recreation space, but not include part of a sidewalk or negatively impact adjoining property. This plan doesn’t make sense in this regard. There needs to be more separation between the recreation area and the homes.

City Attorney Jones said that Section 25-122 provides for the possibility of a combination of a public dedication, private dedication, and fees in lieu of dedication and empowers the Board to make the determination on the matter.

Alderman Harder said that since this area is close to Kehrs Mill, people from other areas could use the recreation area and potentially cause a problem for the residents next to this area.

Alderman Fleming said the Planning & Zoning Commission recommended rejection of the private recreational space.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a second reading of Bill No. 3808. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3808 was read for the second time.

Alderman Boland clarified that the Board is voting on approval of this bill which is rejection of the private recreational area, the three part amount with no dedication.

A roll call was taken for passage and approval of Bill No. 3808 with the following results:
Ayes – Fleming, Terbrock, Harder, Leahy, Dogan, Finley, Boland. Nays – Kerlagon. Bill No. 3808 was approved and became Ordinance No. 13-38.

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. S.U.E. Transfer: 15221 Manchester Road (Dirt Cheap)
B. Liquor License: Dirt Cheap
C. Surplus Vehicles: Surplus Police Vehicles
D. S.U.E. Transfer: Lion’s Choice

Alderman Boland requested that Item B be removed for further discussion.

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

MAYOR’S REPORT

Planning & Zoning Appointment: Mayor Pogue recommended the appointment of Lisa Zimmerman to the Planning & Zoning Commission, representing Ward 2. She is a trustee in Mayfair Subdivision. She has a background in construction documents.

A motion was made by Alderman Terbrock and seconded by Alderman Fleming to accept Mayor Pogue’s recommendation. A voice vote was taken with the following result: Aye: Terbrock, Finley, Dogan, Fleming, Leahy, Boland, Kerlagon. Nay: Harder. The motion passed by a vote of 7-1.

Great Streets Meeting: Mayor Pogue said that a Great Streets meeting was not held due to the Labor Day holiday.

CITY ADMINISTRATOR’S REPORT

Liquor License – Dirt Cheap: Assistant City Administrator Aiken said that Dirt Cheap is owned by U-Gas. The station will continue to sell gasoline at the same location. Alderman Boland said that this is a gas station that will be branded as a liquor store and he disagreed with this. Bill Bierman, developer, 1795 Clarkson Road, Ste. 190, said it sounds like Alderman Boland is saying that Dirt Cheap is not classy enough. It’s no different than any convenience store. Alderman Boland said he has an issue with selling alcohol at a gas station.

Bill Bierman said this is only a name change. Dirt Cheap is also owned by U-Gas. It will have the same items as U-Gas, just with a different name.

Alderman Kerlagon said that Ballwin has been designated as a “family city” with a focus on the public and good family values. She has difficulty with Dirt Cheap giving out this same image for Ballwin. This is not what Ballwin is trying to achieve and she is opposed to this.

Alderman Fleming said he is 100% in favor of the Dirt Cheap facility. They are community oriented. We shouldn’t hold U-Gas and Dirt Cheap to a higher standard. He doesn’t see any basis to turn this down. Alderman Harder said he agrees with Alderman Kerlagon as an effort to get away from liquor stores, smoke shops, pay day loans. We should attract a different type of business. The name gives a different persona to that stretch of Manchester Road.

Mr. Bierman said that it is then about the name. Alderman Harder said yes. This is an opportunity to pull back on liquor licenses and come up with better ideas for merchandising on Manchester Road. Mr. Bierman said that the only thing that’s changing is the signage. He said he’s hearing that Ballwin is too classy for a Dirt Cheap. Alderman Harder said this is an opportunity for the Board to pull back on liquor licenses and come up with a different type of business model for merchandising on Manchester Road.

Alderman Leahy said he totally disagrees with Alderman Harder and Alderman Kerlagon. He said he never thought he would be on a Board that would try to tell the citizens of Ballwin who should or should not sell liquor in the City of Ballwin. There’s no difference between U-Gas, Dirt Cheap, or QuikTrip. They are all the same. The private sector should decide what’s best for this community. He said this is an embarrassment.

Alderman Terbrock said it looks like we’re not talking about turning down their ability to sell liquor. We’re talking about turning down their ability to change their name to Dirt Cheap. City Attorney Jones said the S.U.E. has already been approved, so it now is Dirt Cheap. If this is turned down, they can’t sell liquor, but it is now Dirt Cheap. This was approved under Consent Items. The Liquor License was removed for discussion, but the S.U.E. transfer was not removed and was approved by unanimous vote.

Alderman Boland said this is his error for not removing both items from Consent Items for further discussion. He doesn’t want to discourage business and it is the Board’s responsibility to decide what’s best for Ballwin in a fair and equitable manner. He said at this point, he does not want to undue the approval of the S.U.E. transfer. He is not against the name, just wanted to voice his concern about selling liquor at a gas station.

Alderman Kerlagon said she is not against this location selling liquor. She said she is concerned about the name Dirt Cheap. This is a negative reflection on the City and the business.

City Attorney Jones recommended that the Board take action on the liquor license. Depending on that vote, then decide what to do with the S.U.E.

Alderman Dogan asked Mr. Taylor if Dirt Cheap has been refused permits previously with other stores.
Craig Taylor, Chief Executive Officer with DC, Inc., said Dirt Cheap has been in business for 20 years, starting in Fenton selling cigarettes. Gasoline is sold at 5 of the stores. His sister created the name Dirt Cheap when she was doing an advertising project for Dirt Cheap records and tapes in Topeka, Kansas. They have spent over $15 million in advertising with the name Dirt Cheap. They recently sponsored a golf tournament that raised over $30,000 for children. All of the products sold at Dirt Cheap are legal. There will be craft beers, high-end wine, etc. This isn’t a small enterprise. There are 16 Dirt Cheap stores. We have never been turned down in the past.

A motion was made by Alderman Boland and seconded by Alderman Fleming to approve a new Liquor License for Dirt Cheap. A voice vote was taken with the following result: Aye: Fleming, Leahy, Boland, Dogan, Terbrock. Nay: Kerlagon, Harder, Finley. The motion was approved by a vote of 5-3.

No Parking Request: Assistant City Administrator Aiken said a request was received to extend the no parking restriction along Glenmeadow Drive. The street adjacent to Henry Elementary School has been experiencing parking difficulties. Police Chief Schicker said the traffic safety unit did an analysis and said there is a traffic flow problem. He said that City Engineer Kramer also agrees with the analysis. The proposal is to add 166 feet to the curb line already included in the no parking zone.

A motion was made by Alderman Fleming and seconded by Alderman Harder to draft legislation for the no parking restriction. A voice vote was taken with a unanimous affirmative result and the motion passed.

STAFF REPORTS
Finance Options: Finance Officer Denise Keller reported on the various options to fund the comprehensive upgrade of The Pointe mechanical systems. She said that at the September 9 Budget Work Session, there was a presentation by the CTS Group to replace the mechanical system at The Pointe with a guaranteed energy system.

The cost to replace the mechanical systems at the Pointe will be $3,975,326. Essentially, funding for this project will require outside financing. The amount to be financed can be minimized by paying in part with a draw from the City’s unassigned fund balance.

The City’s policy is to maintain a minimum unassigned fund balance no less than 25% of total operating expenditures at the end of each annual fiscal period. The fund balance projected for December 31, 2013 was $7.6 million dollars, which is 42.6% of projected operating expenditures. After maintaining the required 25%, $3.1 million would be available to spend on the mechanical systems. Rather than using all of this for funding, however, the recommendation is to divide the funding equally between financing and use of reserves.

Financing could be spread over a three or five year period. Preliminary interest rate and payment quotes have been obtained from three sources. Actual payment amounts would be subject to the competitive bid process and subsequent Board award. Although it is impossible to predict actual interest rates until a formal bid process is conducted, based upon a preliminary analysis we would favor a three year term to minimize the total cost of financing.

The cost is $3,975,000. Our fund balance at the end of 2012 was $8,230.761; projected for 2013 is $7,628,243; Projected 2013 operating expenditures are $17,918,004, less 25% $4,479,501 = $3,148,742. We would need to replenish $827,000 if the whole amount were paid from reserves to get the fund back to the 25% level.

Alderman Boland said that if $2 million were taken to pay for part of these improvements, the fund balance at the end of the year would be $5.6 million, which is 31%. We have to have 25%. Finance Officer Keller said these are the original budget numbers. More details will be available as the budget process progresses. Five year repayment period has smaller payments but would cost more in interest. Three years will get this debt off the books faster. Every year Ballwin will be over 25% in its fund balance.

It was the consensus of the Board and Mayor Pogue that the three-year term is the best choice and for staff to proceed with the budget preparation.

Mosquito Control: City Engineer Gary Kramer reported that if more aggressive and proactive vector control is a priority, Ballwin will have to get back in the mosquito control business. If pesticide and additional motor fuel costs are budgeted for in-house city-wide weekly fogging May – October, the personnel budget will not change. The department will be one person short to work on other tasks. One employee still has a valid pest control license. The fogger, truck, tank, and some larvacide have been retained.

City Engineer Kramer said that Ballwin has contracted with St. Louis County since 2010 for mosquito control. The County does not fog the entire City of Ballwin on a weekly basis. It fogs portions of Ballwin on Sunday evenings based on the mosquito traps. This is apparently insufficient since complaints continue to be received about numerous mosquito bites. The County is confident in its methods for providing mosquito control services throughout the entire St. Louis County, as the past two years have been extremely active for West Nile Virus and mosquito species in the Culex genus.

Alderman Fleming said he never wanted to get out of the mosquito spraying business. Now that Ballwin is out of it, he sees no reason to jump back in. Alderman Terbrock said that there is a big mosquito problem in his area. Ballwin doesn’t receive all of the complaint calls because people are told to call the County. The County is not addressing the nuisance mosquito. It has gotten worse. It may not be an issue for residents who don’t live near waterways. This is a bad issue. Kids can’t play in the back yard because it’s so bad.

Alderman Harder agreed with Alderman Terbrock. People are asking if Ballwin is still spraying. He suggested supplementing the County spraying, since there is manpower and equipment available.

Alderman Boland asked about the cost of Ballwin doing the spraying. City Engineer Kramer said the cost was $8,600 for the season in chemicals and motor fuel. Alderman Terbrock suggested having a summer intern do the spraying. Alderman Finley agreed with Alderman Terbrock regarding the extent of the mosquitos in his neighborhood. He is open to considering other options including Ballwin doing the spraying again, but is not convinced that any option is best yet. Alderman Terbrock said that when he bought his house, he didn’t have this problem. Now that St. Louis County is spraying, the problem is very bad.

A motion was made by Alderman Terbrock and seconded by Alderman Fleming to instruct staff to budget the resumption of spraying and to have St. Louis County work with the larva aspect of the project. A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS

U-Gas / Dirt Cheap: Alderman Terbrock said that the City of Des Peres does not have any gas stations. They don’t allow this. They do this because they don’t want gas stations to sell liquor. Since there are already numerous gas stations in Ballwin selling liquor, tonight’s meeting was not the proper setting to address this issue. You can’t tell one that they can’t sell liquor when the others can. This could become a potential lawsuit.

No Parking Restriction: Alderman Finley suggested that when there is a school event and the parking lots will be full, perhaps school districts can suggest car pooling or provide alternate parking areas and shuttles. Police Chief Schicker said this can be suggested by the School Resource Officers. The Henry School doesn’t have any area that can accommodate overflow parking. Perhaps they can stagger their events.

Ballwin Businesses and Liquor Sales: Alderman Harder said he wanted to recognize that Representative Sue Allen was in the audience this evening.

Alderman Harder said he has nothing against U-Gas or Dirt Cheap. He asked, is there a point where Ballwin should put a limit on the number of liquor licenses issued in the City. When one drops out, another could then take it’s place. Is this the type of business we want to grow and to be known for? Or, do we want to be known for other types of businesses? We should look at this from the point of a marketing mix and what is appropriate. One type of business that continues to grow can squeeze out all of the other types of desirable businesses. He doesn’t want that to happen in Ballwin. He wants a good mix of businesses on Manchester Road and in the Ballwin area.

Alderman Terbrock said that if a business is asking for a liquor license, they pretty much know that this business model is going to work for them. He said he does not believe that there is an odd mix of businesses in Ballwin.

Alderman Fleming said if this needs further discussion, this can be done at a later date, and perhaps in a committee forum.

Adjourn: A motion was made by Alderman Fleming and seconded by Alderman Boland to adjourn. The motion passed unanimously and the meeting was adjourned at 9:03 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC
(The Minutes are prepared in summary to reflect the overall discussions – not verbatim quotes.)