Board of Aldermen Meeting

Meeting Agenda

CITY OF BALLWIN

BOARD OF ALDERMEN MEETING
November 11, 2013  7:00 p.m.
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: October 28, 2013 Budget Work Session & Board of Aldermen meeting

5. Presentation: None.

6. Pending Issues: Bill 3812 – AT&T Telecommunications Cell Tower

7. Citizen Comments

8. Public Hearing: None

New Business:

9. Legislation Next Ordinance # 13-42

     A. Bill # 3814 Re-appropriations

10. Consent Items 

     A. None.

11. Mayor’s Report 

     A. Great Streets Update

12. City Administrator’s Report

13. Staff Reports

     A. Parks Department Operating Plan – Director of Parks & Recreation Linda Bruer Draft Budget Detail Report
     B. Administration Department Operating Plan – Assistant City Administrator Tom Aiken Draft Budget Detail Report

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. 

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BOARD OF ALDERMEN MEETING BRIEFS
November 11, 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 at the front 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 October 28 Budget Work Session and Board of Aldermen meeting are submitted for approval.

AT&T TELECOMMUNICATIONS CELL TOWER (Bill 3812) 

(This bill had a first reading at the October 28 Board meeting and was held over for further discussion with AT&T.)
We have solicited an alternate proposal to erect a separate flag pole at this location. AT&T has provided an option for Board consideration. Direction is requested.

RE-APPROPRIATIONS 

(Bill 3814)
This legislation authorizes a comprehensive re-appropriation of various programs and categories to move accurately and reflect actual spending and revenue projections for 2013.

GREAT STREETS UPDATE 

Mayor Pogue would like to provide a status report on this pending project.

PARKS OPERATING PLAN 

Director of Parks & Recreation Linda Bruer will provide an overview of the proposed budget for 2014.

ADMINISTRATION OPERATING PLAN 

Assistant City Administrator Tom Aiken will present the budget for the Department of Administration for Board consideration.

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 Park Drive
November 11, 2013

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

The meeting was called to order by Mayor Pogue at 7:03 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
CITY ADMINISTRATOR ROBERT KUNTZ
CITY ATTORNEY ROBERT E. JONES

The Pledge of Allegiance was given.
A moment of silence was held in observance of our Military Veterans.

MINUTES

The Minutes of the October 28, 2013 Budget Work session were submitted for approval. A motion was made by Alderman Fleming and seconded by Alderman Finley to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the October 28, 2013 Board of Aldermen meeting and closed session were submitted for approval. Alderman Fleming amended page 1 in the Presentation paragraph to add a last sentence as follows: “He also noted that St. Louis City & St. Louis County and other government entities in Missouri already carry the storm-ready designation.” Alderman Fleming amended Bill 3811, second paragraph: Remove the second sentence and insert “The trustees would like to meet with the police. Additionally, the trustees intend to hold their own meeting between November 8 and 13 to review the proposal.” A motion was made by Alderman Fleming and seconded by Alderman Boland to approve the Minutes as amended. A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES

BILL # 3812 - AN ORDINANCE AMENDING THE SPECIAL USE EXCEPTION PREVIOUSLY GRANTED TO AT&T FOR A TELECOMMUNICATIONS TOWER AT NEW BALLWIN PARK.

Mr. Doug Dolan presented a revised proposal to erect a 50-foot tall flag pole in the median island of the park. There would be no increase in the monthly fee. The City will be responsible for the flag maintenance and electricity. Electricity to the pole is not included.

Mr. Dolan said that a new flag pole costs about $5,000. AT&T has agreed to pay $5,000 to install a new flag pole.

Mayor Pogue said the options presently before the Board are a flag pole in the median without electricity and the City maintain the flag, or the $3,000 for landscaping around the tower, and an additional $100 per month on the lease agreement.

City Administrator Kuntz recommended that AT&T include illuminating the flag pole. Mr. Dolan said he will take this back to AT&T for consideration. He clarified AT&T’s position that it would pay a $3,000 landscape maintenance fee with the flag pole. Alderman Boland said he agrees that electricity should be part of the installation. Mr. Dolan said this can be done. He said that AT&T said they will approve illuminating the flag pole if this is required by the Board.

Alderman Dogan suggested that city crews do the installation instead of contracting outside for this. Mayor Pogue said the agreement presented is that AT&T provide the flag pole in the median with electric, the city will be in charge of maintenance of the flag, AT&T will do the one-time $3,000 payment and landscaping,

Mayor Pogue said that line 12 will need to be amended to read that AT&T will supply a 50-foot flag pole in the median entrance with power and illumination for the flag pole.

A motion was made by Alderman Boland and seconded by Alderman Kerlagon to approve the amendment of Item 12 in Exhibit 1. A voice vote was taken with a unanimous affirmative result and the motion passed. Alderman Leahy abstained from voting due to a family member being employed by AT&T.

A motion was made by Alderman Boland and seconded by Alderman Harder for a second reading of Bill No. 3812, as amended.

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 voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3812 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3812 with the following results:
Ayes – Boland, Harder, Finley, Kerlagon, Terbrock, Fleming, Dogan. Nays – None. Abstained: Leahy. Bill No. 3812 was approved and became Ordinance No. 13-42.

CITIZEN COMMENTS
None.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3814 - AN ORDINANCE AMENDING THE 2013 BUDGET OF CASH REVENUE AND CASH DISBURSEMENTS FOR THE OPERATING AND CAPITAL REVENUE FUNDS OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, PROVIDING FOR EXPENDITURE REVISIONS IN ACCORDANCE WITH SAID BUDGET AND MAKING RE-APPROPRIATIONS THEREOF.

A motion was made by Alderman Harder and seconded by Alderman Boland for a first reading of Bill No. 3814. A voice vote was taken with a unanimous affirmative result, the motion passed and Bill No. 3814 was read for the first time.

Alderman Boland asked what is the purpose of this legislation. City Administrator Kuntz explained that re-appropriation is done every year toward the end of the year. It’s a reconciliation of expenditures and revenue projections that reflects actual experience through the course of the year.

A motion was made by Alderman Fleming and seconded by Alderman Boland for a second reading of Bill No. 3814, as amended. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3814 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3814 with the following results:
Ayes – Fleming, Boland, Terbrock, Leahy, Kerlagon, Harder, Dogan, Finley. Nays – None. Bill No. 3814 was approved and became Ordinance No. 13-43.

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
Great Streets Update: Mayor Pogue said MoDOT, Ballwin, Ellisville, and Wildwood will be hosting an Open House Meeting at the Wildwood City Hall on Thursday, November 14, from 4:00 – 7:00 p.m. to discuss the enhancements and repaving project of Manchester Road in conjunction with the enhancements for Great Streets. There will be engineers and people available to answer questions. A full layout of the entire corridor for the Great Streets project will be on display for public review.

Mayor Pogue asked that a Resolution be prepared to authorize the Steering Committee to continue working with the State Legislators, particularly Tim Jones, who helped draft the current legislation draft, and to work on a final draft that will come back to the Board for approval and filing at the State level.

A motion was made by Alderman Fleming and seconded by Alderman Kerlagon to authorize City Attorney Jones to draft the Resolution. A voice vote was taken with a unanimous affirmative result, and the motion passed.

CITY ADMINISTRATOR’S REPORT
Financial Status Report: City Administrator Kuntz said that Alderman Harder asked for a status report on the Board Room renovation construction project. The project was originally budgeted for $364,579. Contracts were awarded to United Construction, who did the construction work, and TSI Technical Solutions, who did the audio/visual. There were 10 change orders on the project. The grand total to date is $380,363. He described the change orders. Three are yet to be completed, including the logo sign on the wall behind the dais. The difference in the total is covered in the re-appropriation that was approved at this meeting.

STAFF REPORTS
Parks & Recreation Operating Plan: Director of Parks & Recreation Linda Bruer gave an overview of the operating plan for 2014. She said that due to the completion of several larger maintenance projects in 2013, such as the golf course parking lot, the proposed 2014 operating budget totals $4,714,175, which is $20,000 less than the 2013 amended budget.

Parks includes the maintenance of the parks, street trees, and historical structures. The Golf Course budget is $200,000 less than the 2013 budget. The North Pointe plan is to continue to maintain the facility and keep it looking as fresh and safe as possible in order to provide a pleasant family experience. The Pointe at Ballwin Commons program includes funds to staff and maintain the facility, as well as provide recreational programs throughout the community; the majority of which have off-setting revenue from activity fees or sponsorships. Gas, Electric, and equipment maintenance budgets were lowered anticipating six months of savings due to installation of new mechanical systems by mid-year. The Ballwin Days Festival has remained practically unchanged from the 2013 budget. It is expected that revenue for the three-day festival will again, with good weather, come close to or exceed expenses. Building Systems includes the personnel, supplies and equipment to repair and maintain all city buildings and perform small renovation projects. There is no major equipment or personnel changes budgeted in this category for 2014. It is recommended that the Arborist position be reinstated.

Administration Department Operating Plan: Assistant City Administrator Thomas Aiken gave an overview of the operating plan for 2014. He said the operating budget for the Department of Administration is expected to be approximately $114,523 less than the approved 2013 budget. A variety of line items throughout the budget have increased and decreased between 2013 and 2014. Significant among these is the overall increase in salary funding in each program necessary to maintain the 70th percentile pay plan. A reduction in the LAGERS contribution for 2014 helps to offset some of the salary increases. The operating budget decreases is primarily due to significant nonrecurring software expenses in Finance ($72,000) and significantly reduced expenditures for equipment upgrades / replacements and facility improvements in Information Services ($74,000) that will not recur in 2014.

The Planning & Zoning and Inspections programs are unchanged from 2013. Travel expenses are down in Planning & Zoning because there will be no attendance at an annual national conference in 2014, but travel costs are up on Inspections due to the need to send a representative to the annual New World conference to facilitate training in the use of the program and to network with a peer learning group for the Community Development module. The Information Systems program shows an approximately $74,000 decrease from 2013. This is a return to a pre-2013 funding level. The reduction is due to some one-time expenditures such as data switches, new firewall, a time clock system for Parks & Recreation and tablets for department heads. These expenditures will not recur. The establishment of a second internet provider has pushed the expenditure for internet access up approximately $3,000 for 2014. A second provider increases capacity and provides a backup if one provider loses service. The approximately $9,000 increase in the Court budget is primarily related to personnel costs and a $3,000 increase by Rejis in the annual maintenance of its software which was upgraded in 2013. The elimination of City debt has eliminated about $2,200 worth of bond agent fees. A new web page will be created since it has been 9 or 10 years since this has been done.

Alderman Fleming said he would like to see a Court Report in January. The Court has had a good year in 2013 and he asked to see more data on this.

Mayor Pogue suggested that he would like to see a pay increase for the Prosecuting Attorney, Municipal Judge and City Attorney. They have done a great job since they have been appointed. This can be seen in the numbers and the smoothness of the court.

Alderman Fleming asked about the New World computer program. Assistant City Administrator Aiken said that the Community Development modular is not structured very well for use in the Inspection Department. Staff has had to try to develop work-arounds to make its program deal with Ballwin’s functions. There are procedures that are necessary that the system does not accommodate. The system is very cumbersome. Contact with the New World personnel has been frequent, but they haven’t been able to solve the problem. He plans to send one or two personnel to the national conference next year to hopefully be able to work out the problems with the system and develop a network of users to help find solutions.

Alderman Harder asked for an update on various projects. Assistant City Administrator Aiken said that since the indoor shooting range has been approved, he hasn’t heard anything. He was told that Jimmy John’s is finally beginning to move forward. Essen Place and Enclave at Lucerne are in plan review.

CITY ATTORNEY’S REPORT
St. Louis County – Clayton Road: City Attorney Jones said he received and reviewed a revised agreement. There are questions about some fences and drainage facilities which are outside of the right of way on private easements that were obtained by MoDOT. He anticipates providing legislation at the next meeting in order to adopt the agreement.

ALDERMANIC COMMENTS
None.

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 8:25 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC

Approved by the Board of Aldermen on November 25, 2013