Board of Aldermen Meeting

Meeting Agenda

300 Park Drive, Donald “Red” Loehr Police & Court Center

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
July 23, 2007

The meeting was called to order by Mayor Young at 7:05 p.m.

PRESENT                                                                    ABSENT
Mayor Walt Young
Alderman Tim Pogue
Alderman Frank Fleming
Alderman Jimmy Terbrock
Alderman Ken Buermann
Alderman Jane Suozzi
Alderman James Robinson
Alderman Ray Lembke
Alderman Ray Kerlagon
City Administrator Robert Kuntz
Acting City Attorney Elkin Kistner

The Pledge of Allegiance was given.

The Minutes of the June 25, 2007 Public Works Committee meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Pogue to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the June 25, 2007 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Robinson and seconded by Alderman Kerlagon to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION

Comprehensive Plan Steering Committee:  Mayor Young and Assistant City Administrator Aiken presented certificates of appreciation to the members of the Comprehensive Plan Steering Committee for their hard work and dedication to the project.  The members of the 14-member committee are:  Frank Karr, Anna Hunter, Mike Boland, Cheryl Chambers, Brian Domijan, Steve Dye, Frank Fleming, Cecilia Kadane, Bob Komor, Olivia Pieknik, Steve Martinez, Jason Riegelsberger, Jane Suozzi, and Louis Vandeloecht.

PENDING ISSUES

None.

CITIZEN COMMENTS

Lynn Goetz, 504 Kenilworth Lane:  Mr. Goetz complimented Police Captain Steve Schicker and City Attorney Robert Jones on their actions and professionalism at the previous Board meeting.

Tony Saffo, ELCO Chevrolet, 15110 Manchester Road:  Mr. Saffo said that he is concerned about the moratorium against auto sales business expansions and openings.  He said they want to redo and expand their buildings, but stay within the current property boundaries.  He said they want to enlarge the showroom, expand the service facility and customer waiting area.  He said the moratorium won’t allow this.  He asked the Board to rescind the moratorium so that they can renovate their 50-year old building. 

PUBLIC HEARINGS

TIF Report:  Mayor Young said that the purpose of this hearing is to determine if the redevelopment project is making satisfactory progress under proposed time schedules contained within the redevelopment plan for completion of the project pursuant to the TIF Act. 

Finance Officer Loehr prepared the overview and highlighted the District’s status five years into the project.  She said the objectives of the plan was to 1) eliminate conditions that contributed to the foundation of the TIF initially; 2) prevent recurrence of the conditions; 3) enhance public safety by reducing traffic hazards and congestion; 4) encourage redevelopment through private investment; 5) enhance the tax base and resulting tax revenues for the City and other taxing districts within the redevelopment area; 6) provide implementation and funding mechanism that will allow the objectives to be achieved.  She said that all of the objectives have been met.  Sales are gradually increasing each year.  For the period January to May, revenues are  ½% above last year.  The TIF bond payments have been made on time.  She said the City has agreed, according to the Trust Indenture, to put up a cap of $250,000 per year towards the payments.  Taxes are coming in from Applebees and QuikTrip and these businesses are flourishing.  Sub area 2B was removed from the district at the property owner’s request.  Mayor Young asked for public comments.  There were none.

NEW BUSINESS ~ LEGISLATION

BILL # 3484 - AN ORDINANCE SETTING THE REAL ESTATE TAX RATE OF ZERO (0%) PERCENT IN THE CITY OF BALLWIN FOR THE FISCAL PERIOD BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007.

A motion was made by Alderman Robinson and seconded by Alderman Lembke to hold over Bill # 3484 until the August 27 meeting due to the absence of Alderman Fleming.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A RESOLUTION of support by the Board of Aldermen of the City of Ballwin for the 2007 Comprehensive Community Plan adopted by the Planning and Zoning Commission on July 2, 2007.

A motion was made by Alderman Robinson and seconded by Alderman Lembke to hold over the Resolution until the August 27 meeting due to the absence of Alderman Fleming.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A RESOLUTION of support by the Board of Aldermen of the City of Ballwin defining and approving a depository security agreement with any bank holding monies/investments of the City of Ballwin for purposes of insuring that the City’s collateral pledge agreement complies with the Financial Institutions Reform and Recovery Act of 1989 in such a manner as to protect the City of Ballwin’s deposits with said banks as they exceed the limit of protection as provided by the FDIC.

City Administrator Kuntz said that this Resolution reinforces the current practice.  He said that Ballwin is 100% collateralized in all of the investments.  This is a safeguard that the Board stands behind this and is on file.  This Resolution will be given to any potential bidders for Ballwin’s CD financial business.  He said that everything is being done to maintain the public trust. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke to adopt the Resolution.  A voice vote was taken with a unanimous affirmative result and the motion passed.

BILL # 3485 - AN ORDINANCE EXERCISING CERTAIN LIMITED AUTHORITY RELATING TO OPERATION OF VIDEO SERVICES PROVIDERS AND PROVIDING SUPPLEMENTARY REGULATION OF THE PLACEMENT OF FACILITIES OF VIDEO SERVICE PROVIDERS AND OTHER UTILITIES MAINTAINING FACILITIES WITHIN THE CITY.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3485.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3485 was read the first time.

A motion was made by Alderman Lembke and seconded by Alderman Pogue for a second reading of Bill No. 3485.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3485 was read a second time.

A roll call was taken for passage and approval of Bill No. 3485 with the following results: 

Ayes – Lembke, Pogue, Robinson, Terbrock, Suozzi, Kerlagon, Buermann.   Nays – None.  Bill No. 3485 was approved and became Ordinance No. 07-19.

BILL # 3486 - 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 Robinson and seconded by Alderman Suozzi for a first reading of Bill No. 3486.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3486 was read the first time.

A motion was made by Alderman Buermann and seconded by Alderman Kerlagon for a second reading of Bill No. 3486.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3486 was read a second time.

A roll call was taken for passage and approval of Bill No. 3486 with the following results: 

Ayes – Pogue, Robinson, Suozzi, Kerlagon, Terbrock, Lembke, Buermann.   Nays – None.  Bill No. 3486 was approved and became Ordinance No. 07-20.

BILL # 3487 - AN ORDINANCE IN THE CITY OF BALLWIN, MISSOURI, TO READOPT ORDINANCE No. 05-40 WHICH ESTABLISHED A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN MUNICIPAL OFFICIALS.

A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a first reading of Bill No. 3487.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3487 was read the first time.

Alderman Terbrock asked about the reason to re-adopt the ordinance.  City Administrator Kuntz said that every two years a new ordinance must be approved as the Board changes.  The legislation has to be current by state law.

A motion was made by Alderman Lembke and seconded by Alderman Pogue for a second reading of Bill No. 3487.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3487 was read the second time.

A roll call was taken for passage and approval of Bill No. 3487 with the following results: 

Ayes – Kerlagon, Suozzi, Robinson, Terbrock, Buermann, Pogue, Lembke.   Nays – None.  Bill No. 3487 was approved and became Ordinance No. 07-21.

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. Surplus Vehicles (6 police vehicles)
B. Emergency A.C. Repairs (at The Pointe)
C. AT&T Easement (as base of cell tower at The Pointe)
D. Subdivision Signage (Woodsmill Subdivision entry monument sign)
Alderman Pogue requested that Item D be removed for further discussion.

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

MAYOR’S REPORT

Planning & Zoning Commission Appointment:  Mayor Young said he will address this item at the next Board meeting on August 27.

CITY ADMINISTRATOR’S REPORT

Subdivision Signage:  This proposal involves rebuilding the entry monument sign at Hwy. 141 and Dutch Mill.  Board permission is requested since the reconstruction will be within the public right-of-way.  He said that total maintenance responsibilities will be to the subdivision and property owner.  Alderman Terbrock asked why permission is being requested to put the signage back at the same place.  City Administrator Kuntz said that the sign was damaged when hit by a vehicle.  The trustees are asking permission to replace it since it is in the public right-of-way.  Assistant City Administrator Aiken said that the Board has granted permission in similar instances.  Ordinances limits the size of the sign. 

A motion was made by Alderman Lembke and seconded by Alderman Kerlagon to grant authorization to allow the sign to be rebuilt in the right-of-way.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Code Amendment:  City Administrator Kuntz said this is a recommendation to propose more stringent and clear language regarding storage of equipment and materials in residential districts.  He said that the equipment and materials may be associated with a commercial business or landscape activity.  The City Attorney is being asked to develop draft legislation for consideration. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke to authorize City Attorney Jones to draft legislation for consideration amending the code regarding storage of equipment and materials.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Temporary Re-allocation:  City Administrator Kunz said this is a request for a motion to transfer funds from the Operating to the Capital budget.  He said that this will cover the August bond payment schedule and the construction bills.  By the end of the year, these funds will be back in the appropriate budget. 

A motion was made by Alderman Suozzi and seconded by Alderman Buermann to transfer funds from the Operating Budget to the Capital Budget.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Government Center Engineering Services:  City Administrator Kuntz said this is regarding the design for the Government Center elevator/renovation.  MSD approval is necessary and engineering is a component of the plans and specs, it is requested that the contract be awarded to Cornerstone Surveying and Engineering who did the site survey.  He said this will tie in with the architectural service contract which did not include engineering.

Alderman Terbrock asked any other companies were considered.  Assistant City Administrator Aiken said that the next company gave an informal bid of $5,000 higher than Cornerstone Surveying. 

A motion was made by Alderman Robinson and seconded by Alderman Terbrock to authorize additional expenditure for the engineering services.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Zoning Update:  City Administrator Kuntz said this is a professional service contract regarding moving forward on the review of the zoning districts in accordance with the comprehensive plan.  He said it is recommended that the contract be awarded to the consultant who developed and worked on the plan. 

A motion was made by Alderman Robinson and seconded by Alderman Suozzi to authorize staff to accept the contract from Streiler and Associates and for the project to be complete within 6 months, after which will be presented to the Planning & Zoning Commission and then Board of Aldermen.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Meadowbrook Retaining Wall:  City Administrator Kuntz said the consensus at the Public Works Committee meeting was to ask the City Attorney for an opinion because the former City Attorney had rendered his opinion.  He said there was concern that neither of the Ward 3 aldermen were involved in the committee discussion, therefore, holding this item over until the next meeting will be beneficial. 

Alderman Lembke said that the Meadowbrook Trustees are suggesting that they would demolish the existing tie wall, prepare the area for the new wall, and purchase the blocks.  Ballwin would be responsible for removing the railroad ties, which could be approximately $1,100, and City crews would install the new two-tiered wall.  Alderman Robinson requested that further discussion be postponed until Ward 3 Alderman Fleming is present at the next meeting. 

CITY ATTORNEY’S REPORT

None.

ALDERMANIC COMMENTS

Stump Grinding:  Alderman Lembke said a tree was removed between the sidewalk and street.  The homeowner claims that someone from the City of Ballwin told him that the City would be returning to remove the stump, which is about 5 feet in diameter.  This was not communicated in written form to the homeowner, and he could not identify who made this promise or when.  Alderman Lembke asked what the cost would be for Ballwin to grind stumps in the right-of-way?  The analysis shows that the one-time and ongoing costs are extensive.  He said the policy has been that when a tree in the right-of-way must be removed, the city will take the tree down, but cut as low as possible and leave the stump.  He asked if this can be addressed in future letters to homeowners who must have a tree removed.  They could be told that the stump will be left behind and if the homeowner wants it removed, it will be their responsibility to do so. 

Alderman Terbrock said that the trees in the right-of-way are owned and maintained by the City of Ballwin.  When a tree is taken down and the stump is not removed, this is doing half of the job.  The job is not complete.  Alderman Robinson said that stumps are aesthetic issues and not safety issues like dead or damaged trees.  If we can’t afford to complete the job, then perhaps the city should not own the trees.  When the tree is removed, the safety hazard is gone and the city has done its job.  He said that if we spend more money to grind out tree stumps, there will be less money to take down the trees.  The ability to manage the safety hazard will then be negatively affected.  He said that taking down more unsafe trees is more important than spending money on grinding out the stumps. 

Alderman Buermann said that in light of the upcoming budget he agreed with Alderman Robinson that he cannot justify spending this much money on stump grinding.  The cost is too high.

Alderman Lembke said that spending money on stump removal would leave more trees that cannot be taken down.  Mayor Young asked about the possibility of having a bid for tree removal and a bid for tree and stump removal. 

Alderman Lembke said that our arborist has identified trees on a scale of 1-12 (1=healthy, 12=extreme hazard).  He said the tree in question was rated as #9, severely diseased and big enough that it could do damage if it fell.  There was a grant that was applied for and were able to remove 12 trees with the grant, including this particular tree.  With that same grant money, if stump removal was included, there could be several trees that were not taken down that could be a hazard and put people at risk. 

Alderman Robinson said that if stump removal is going to be part of the Parks Department, the cost should be added into the budget.  Alderman Kerlagon said that the homeowner could be given the choice of paying the difference to have the stump removed. 

Alderman Pogue said if we start removing stumps, perhaps this could be done with equipment shared with other cities.  After discussing this with neighboring cities, if the response is favorable, a cost analysis could be performed and added into the 2008 budget.  Alderman Buermann said that this issue is not referring to taking down 4 or 5 trees.  There have been over 60 trees taken down already this year.  He said this is not a small project.  Mayor Young said that after the previous storms, there were approximately 156 trees taken down. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke submit this issue to the Parks & Recreation Committee to do a needs and cost analysis and consider the 2-part bid process.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Suozzi asked how much time is needed to get an average cost with and without stump removal.  City Administrator Kuntz said that this information can be obtained before the next board meeting. 

PUBLIC WORKS COMMITTEE MEETING REPORT:

Alderman/Chairman Lembke said that the Public Works Committee meeting commenced at 6:15 p.m. and concluded at 6:55 p.m. on this date (July 23, 2007).  The discussion included Option 1 and 2 as presented in the memorandum for Meadowbrook Country Club Estate Drive maintenance.  With the idea that the project be done in one year.  Staff will be asked to look at spreading it out over 2 or 3 years.  This will give the residents an opportunity to see and experience the new road pavement.  Also considered was adjusting some of the percentages toward Meadowbrook and involving the Ward 3 Aldermen in terms of how much they feel comfortable percentage wise and what the budget for Ward 3 would be for this project.  He said the retaining wall was discussed, and the safe route to schools grant program.  This could be tied into the trail program.  He said the street assessment was discussed.  City Engineer Kramer has located software from the Corps of Engineers and will be considered at the next meeting. 

YARD ART

Mayor Young said that some residents have asked that the City Attorney prepare draft legislation that will help deal with similar situations in the future.  Alderman Robinson said that the City Attorney was requested to do this at the last meeting and is working on this. 

ADJOURN:  A motion was made by Alderman Buermann and seconded by Alderman Robinson to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:06 p.m.

Walter S. Young, Mayor

ATTEST:
Robert A. Kuntz, City Administrator

MC