Board of Aldermen Meeting

Meeting Agenda

Meeting Minutes

RECORD OF PROCEEDINGS

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

 

PRESENT	ABSENT
Mayor Robert E. Jones
Alderman Kay Easter	Alderman Kenneth W. Buermann
Alderman Press McDowell	Out of town on Business
Alderman Jane Suozzi
Alderman James Robinson
Alderman Bruce Anderson
Alderman Charles Gatton
Alderman Ray Lembke
City Administrator Robert Kuntz
City Attorney Lionel Lucchesi

The Pledge of Allegiance was given.

The Minutes of the September 9, 2002 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Anderson and seconded by Alderman Lembke to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the September 23, 2002 Workshop meeting were submitted for approval. A motion was made by Alderman Lembke and seconded by Alderman Gatton to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Introduction of new Police Officers

: Chief of Police Jim Biederman postponed the introductions until the next meeting.

Proclamation Presentation

: Mayor Jones presented a Proclamation to Beth Daniels, Representative of the Brain Injury Association of Missouri, designating October as "Brain Injury Awareness Month".

CITIZEN COMMENTS

None.

PUBLIC HEARINGS

None.

LEGISLATION

BILL # 3191

- AN ORDINANCE PROVIDING FOR THE CHANGE OF NAME OF STREET KNOWN AS ROCK ROAD IN THE CITY OF BALLWIN, MISSOURI, TO PARK DRIVE.

A motion was made by Alderman Robinson and seconded by Alderman Easter for a first reading of Bill No. 3191. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3191 was read for the first time.

A motion was made by Alderman Easter and seconded by Alderman Lembke for a second reading of Bill No. 3191. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3191 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3191 with the following results: Ayes – Easter, Lembke, Anderson, Suozzi, McDowell, Gatton, Robinson. Nays – None. Whereupon Mayor Jones declared Bill No. 3191 approved and it became Ordinance No. 02-49.

CONSENT ITEMS

A. Asbestos Removal from the old School House

B. Vlasis Park Playground equipment and installation

C. Audit Services - LarsonAllen

D. Banking Services – UMB Bank

E. Salt – North American Salt and Lange Stegmann

A motion was made

by Alderman Lembke and seconded by Alderman Anderson to adopt the consent items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

MAYOR’S REPORT

None.

CITY ADMINISTRATOR’S REPORT

Wolfe Automotive

Mayor Jones said that there is a question regarding construction commencing since they are still lacking MSD and MoDOT approval. Assistant City Administrator Aiken said that normally the City doesn’t grant building permits on a site plan until all jurisdictions have given approval. The Board agreed that the petition must go back to the Planning and Zoning Commission and that construction of site amenities, such as storm water facilities and retaining walls, can begin immediately upon submission of permit applications, but building construction and paving cannot begin until MSD and MoDOT have approved plans. Building construction may begin before the revised site plan is approved, but no work can occur within the small area of that change. Any work done prior to final approvals is at Wolfe’s risk.

Paulding Drive

Charter Franchise Request

Alderman Robinson asked about the services the City currently receives from Charter Cable Administrator Kuntz said the agreement is service delivery, complaint resolution, franchise fees, use of the city’s right-of-way, and things of that nature. Rates regulatory authority has been taken away from the cities by the Telecommunications Act of 1995. Ballwin has no regulatory authority over cable TV rates, no authority over what the city receives in franchise fees. The FCC determines that. The City receives free basic cable service to its facilities. Alderman Gatton asked if the City sites can be upgraded to digital service. Jim Bogart, Vice President of Government Relations with Charter Communications said that his company would only do this on a pay basis. It could not be provided free of charge.

A motion was made

Sidewalk Options

City Engineer Kramer said that 6 of 28 Ries owners are refusing to even meet with O.R. Colon about the issue. He assumes that the Board does not want to use condemnation. Mr. Kuntz said the City has an established right-of-way compensation agent who has been used for other projects because it is required by the Federal Government, Notice is given, and fair compensation offered. Some of the owners are refusing to pick up their certified mail and refusing to meet with the agent because they have indicated an adamant opposition to the project. This is an issue in meeting Federal funding guidelines. If the property owners don’t want the sidewalk that badly, Ballwin can’t move forward with the project. City Attorney Lucchesi said it is necessary to receive all right-of-way regardless of the number of signatures on the petition.

Alderman McDowell said the Board has invested a lot of time and effort in the sidewalk issue and future deadlines for funding should not be missed. Alderman Easter said some of the property owners are not going to change their minds.

City Administrator Kuntz suggested a meeting with the right-of-way acquisition agent and the Ward 1 aldermen to be sure the message is comprehensive. The City has until November 26 to submit the funding application.

Future Meetings

Holiday Lighting Contest

Personnel Rules

The suggestion in the Personnel Rules review is that all of the facilities be treated the same. The suggestion is that the City offer free use of all facilities to all full-time employees but take away the extended benefit to the immediate family. City Administrator Kuntz said that other cities with municipal facilities were contacted. Most were doing what is now proposed.

Alderman Easter asked what the cost is per year for employee’s families. City Administrator Kuntz said very little. There are only a few who make use of this benefit. Alderman Easter believes employees should be able to use the facilities free of charge.

Alderman Lembke said the current policy allows employees and immediate families free use of the golf course and outdoor pool. Pointe membership passes can be purchased at one-half the regular resident rate. It is suggested that employees be given free access to The Pointe but not to the immediate family.

Alderman Gatton does not think that employees should be given free usage and have it taken away from the immediate families. He suggested keeping everything the way it is, but revisit the pool policy when the new facility opens.

Alderman Easter believes that the employees should be given free access to the facilities to build morale and to use the facilities with their families. Alderman McDowell agreed. City Administrator Kuntz said he is not suggesting giving free access to the immediate families, but just to the employees.

A motion was made

Alderman Easter said the new policy recommends that employee have free usage of The Pointe. City Administrator Kuntz said the new policy recommends giving employees free usage to all facilities, but all the immediate families would pay a reduced rate. It gives something and takes away something. Alderman Gatton recommended not taking anything away and not adding anything; leaving it the way it is. City Administrator Kuntz said if it stays the way it is, no one will get The Pointe free.

Alderman Easter again stated that she would like to see the employees get free usage of The Pointe. If an employee alone uses The Pointe, they must pay the resident rate, unless they purchase a membership which would be half the resident rate.

City Administrator Kuntz suggested the Board wait to consider The Pointe usage for employees until the usage of the outdoor aquatic center is discussed. The Board agreed to reconsider this issue at that time.

Honorary Golf Passes

A motion was made

Olde Towne Streets

A motion was made

Government Center Space

A motion was made

Real Estate – Closed Session

– Mayor Jones said there will be a closed session following the meeting to discuss real estate. by Alderman McDowell and seconded by Alderman Robinson to offer rental space at the Government Center to the West County Chamber of Commerce. A voice vote was taken with a unanimous affirmative vote and the motion was declared passed. – City Administrator Kuntz said the West St. Louis County Chamber of Commerce is interested in leasing the office space in the lower level of the Government Center. Mayor Jones believes that Ballwin should cultivate a stronger relationship with the West County Chamber of Commerce. Alderman Gatton asked if this is the space that is earmarked for a future Board Room. City Administrator Kuntz said no. Alderman Anderson asked how many people the Chamber employs. City Administrator Kuntz said they have 3 employees. Mayor Jones said that the West County Chamber of Commerce serves 6 communities. He sees this as an opportunity as long as the City receives close to a market rent. by Alderman Suozzi and seconded by Alderman Lembke to prepare legislation to accept the streets, subject to completion of the punch list items. A voice vote was taken with a unanimous affirmative vote and the motion was declared passed. – City Administrator Kuntz said there is a comprehensive punch list and we are going to do a walk-through. Ballpark Drive and Jefferson Avenue need to be accepted by the City for public maintenance by legislation. This legislation could be presented on October 28 if the Board chooses to do so. On Manchester Road, the landscaped medians will be the maintenance responsibility of Ballwin. by Alderman Gatton and seconded by Alderman Lembke to add Mr. and Mrs. Richard G. Andrews to the list of Honorary Passes. A voice vote was taken with a unanimous affirmative vote and the motion was declared passed. – Alderman Gatton suggested that former Mayor Richard Andrews and his wife Dot Andrews be added to the list. Mayor Jones said this will have to be approved by motion of the Board. City Administrator Kuntz said it hasn’t come up in the past because the Andrews’ do not use the complex. by Alderman Gatton and seconded by Alderman Lembke to leave the policy the way it is, which is employees and their families have free use of the golf club and the outdoor pool, and pay a reduced rate for membership at The Pointe. The policy for usage of the family aquatic center will be determined later. – City Administrator Kuntz said the most significant proposed change is free employee use of recreational facilities. When The Pointe was constructed, the Board made the determination that because of the amount of expenditure, there would be a rate structure that would strictly allow no free usage of any kind. – City Administrator Kuntz asked for guidance regarding the continuation of the Holiday Lighting Contest. Last year city-wide awards were given for 1st, 2nd, and 3rd place. He suggested that winners be recognized in each ward. Each winner could receive a $25 gift certificate. The Board agreed to continue with this event. City Administrator Kuntz said he will communicate this to the chairman, Peggy Duenke. – City Administrator Kuntz said that Work Sessions are scheduled on November 11 and 25, prior to the regular Board meetings. The purpose of the sessions is to review and discuss the 2003 capital budget on November 11, and the 2003 operating plan on November 25. The Board agreed that the Work Sessions begin at 5:30 p.m., and the regular meeting at the usual time of 7:00 p.m. – City Administrator Kuntz said that this is regarding the Olde Towne sidewalk and the Ries Road sidewalk. Since Ballwin missed the required deadlines, he recommended that Ballwin reapply for the next round of funding on the Olde Towne sidewalk project, which is mid November. This would provide monies for construction in 2003. He said that the Ries Road sidewalk is a more difficult issue because there is little interest from certain property owners in the project. Mr. Kuntz recommended that the affected property owners be contacted, given a date of a few days prior to the funding application deadline in mid November, and indicate that if Ballwin does not have those easements in hand, that it will not apply for grant funding. If the people that are affected don’t want the sidewalk, even though we have a petition to build it, perhaps it should be considered at a later date. Alderman Easter agreed and said that the owners approached the City to build the sidewalk, but now they won’t sign the easements. by Alderman Suozzi and seconded by Alderman Anderson to draft legislation. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. – City Administrator Kuntz said that Charter has requested a 2-year contract extension. Other cities have been asked to do the same and have complied because the technology upgrades are already in place. If the Board decides to move favorably, City Attorney Lucchesi would draft legislation to extend the agreement for another 2 years. – City Administrator Kuntz this designation is only for the stub section of roadway connecting the parking lot of the Government Center to Kehrs Mill. "Paulding Place" is recommended because the word "Drive" seems to indicate a through roadway. This would not change the Manchester Road address of the Government Center and could be done administratively with just a sign and legislation would not be needed. Mayor Jones and the Board agreed. – City Administrator Kuntz said that Ballwin has received a request from Wolfe Automotive to eliminate the parking lot interconnection to the Georgia Carpet Outlet store, which they are unable to secure. He believes this needs to go back to the Planning and Zoning Commission for a hearing and recommendation before coming before the Board of Aldermen.

CITY ATTORNEY’S REPORT

None.

ALDERMANIC COMMENTS

A motion was made by Alderman Easter and seconded by Alderman Anderson to move into closed session. A roll call was taken with the following results: Ayes – Easter, McDowell, Suozzi, Anderson, Lembke, Gatton, Robinson. Nays – None. Whereupon Mayor Jones declared the motion passed and the Board moved into Closed session at 7:55 p.m.

CLOSED SESSION

City Administrator Kuntz discussed the Ballwin Athletic Association proposal to purchase the city-owned parcel at this location. It was determined that the city would not be able to accommodate this request, but that unanimous support of their continued use of city property should be conveyed. It was also determined that the prospect of a property switch should be explored and that further economic analysis should be conducted.

There being no further business, the Board voted by unanimous roll call vote to adjourn to open session at 8:05 p.m. A motion was made by Alderman Easter and seconded by Alderman Gatton to adjourn the open session. The motion was approved unanimously and the meeting was adjourned at 8:07 p.m.
MC