Board of Aldermen Meeting

Meeting Agenda

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE

May 12, 2008

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

            PRESENT                                                                                ABSENT
MAYOR WALT YOUNG                                            ALDERMAN RAY LEMBKE – ILL
ALDERMAN TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN KEN BUERMANN 
ALDERMAN JANE SUOZZI 
ALDERMAN JAMES ROBINSON 
ALDERMAN FRANK FLEMING 
ALDERMAN RAY KERLAGON 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

The Minutes of the April 28, 2008 Board of Aldermen meeting and closed session were submitted for approval.  Alderman Pogue amended page 10, paragraph 3 as follows:  “to see which cities were being used by the two low bidders, based on the letters of reference”.  Alderman Buermann amended page 4,  St. Louis County Municipal League paragraph:  $34,000 should be $34,000,000.  Alderman Fleming amended page 10, paragraph 6 to add the following sentence.  “City Engineer Kramer also indicated that the street survey is no longer required by GASB.”  Alderman Fleming amended page 12, paragraph 2:  “Alderman Fleming said that it’s his understanding that it’s not possible to use the Neighborhood Improvement District with this project.”
A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

OATH OF OFFICE
The Aldermanic Oath of Office was administered to Alderman Richard Boerner, Ward 4.
A second roll call was taken with all being present:  Mayor Young, Aldermen Pogue, Terbrock, Buermann, Suozzi, Robinson, Fleming, and Boerner. 

PRESENTATIONS
WI FI:  Mark O’Neil, a representation Network 1 Communications, spoke to the Board regarding a citywide wireless internet access system for Ballwin.  He said that they currently have a WI FI network in O’Fallon, Missouri.  He said that half of the network is up and operational.  The remainder will come on line in the next 2 – 3 weeks.  They have several hundred residential customers and several dozen business customers at this time.  Dardenne Prairie is about 80% complete and will come on line shortly.  He said that they do not have a franchise agreement with these cities.  Network 1 has agreements with Ameren and the Quiver River Electric CoOp where equipment is mounted on their vertical property throughout the States of Missouri and Illinois.  He said they are on several communication towers in the O’Fallon / St. Charles County area and have agreements throughout St. Louis County to be on tall communications towers to deploy the network.  He said that this is a wireless service, therefore, there is currently no regulation.  It is part of Telecommunications.  He said they are buying bandwidth from Level 1 Internet Service Providers.  It is repackaged and put over a wireless spectrum, and then delivered wirelessly to businesses and homes. 

Alderman Fleming asked if Network 1 is in other locations.  Mr. O’Neil said they have agreements with Kirkwood, Florissant, Crestwood, St. Paul, Cottleville, and in negotiations with other municipalities in  St. Louis County and St. Charles County. 

Mr. O’Neil said the technology has been around for 40 or 50 years.  It’s radio frequency.  He said that they have done research and development on lines of code written and non-proprietary technology, which is off-the-shelf technology.  They combine multiple types of technology into the same box.  It’s manufactured in the United States.  They do not sell the equipment to other users. 

Alderman Robinson asked how does the process work from Network 1 to the consumer.  Mr. O’Neil explained that if Ballwin agrees to allow Network 1 to install a network, the customer would go to Network 1 Communications online and subscribe.  He said the 2 meg package is $19.95, 4 meg is $24.95, up to 6 meg is $49.95.  The fee is month-to-month.  The first 30 days is free.  Enter the credit card number and create a user name and password.  Within 2 – 4 business days, customer service will contact the customer.  He said that if someone has a wireless card in the laptop, and is close enough to an access point, the network can be accessed immediately.  If someone has a work station, a wireless device can be installed on the back of the tower on the work station so that the work station can gain access to the wireless canopy.  He said that this can be used on someone else’s computer also.  The account is mobile and can be used anywhere that the network is installed. 

Alderman Fleming asked, since this industry is currently not regulated by anyone, if enabling legislation is written to permit this type of service in Ballwin, what is it going to be based on?  Does the Municipal League have a standard?  Will the cable wording be used that is in the Ballwin ordinance?  City Attorney Jones said he does not know if the Municipal League has a standard.  He said that some of the provisions in the telecommunications ordinance will apply because they are general.  He said that some of the services is most likely subject to the Federal Communications Commission because this is a radio wave. 

Alderman Fleming asked about collecting tax on this like any other utility.  City Administrator Kuntz said in terms of any ordinance or standards, all are subject to caveat of not withstanding superseding by the State of Missouri or the Federal Government.  Anything set up today will have the disclaimer regarding enforcement. 

Alderman Fleming asked if Ballwin can collect tax on this like any other utility.  City Administrator Kuntz said that was not the position that Network 1 started with, but that is the position that has been agreed upon.  He said that this proposal is being considered by 5 other cities at this time.  Mr. O’Neil said a surcharge can be added with the label “City of Ballwin Surcharge Tax”.  He said that would be shown on the monthly bill.  Some cities have elected not to do this because the residents would not be happy about it.  Many cities have wanted to put the surcharge on the invoice, but none have done this at this time. 

Alderman Terbrock asked that in lieu of the surcharge tax, could there be a contract with one company?  City Attorney Jones said it is his understanding that it must be a non-exclusive franchise.  Mr. O’Neil said this is non-exclusive. 

Alderman Suozzi asked if there is any hard wire at the surface similar to the large boxes that AT&T has.  Mr. O’Neil said that all equipment is mounted on the communications zone of the utility pole.  It can also be on a decorative street light blending in with the design and color.  He said the units are about the size of a child’s lunch box and about half as thick with a couple of antennas that range from 9 – 14 inches.  Alderman Suozzi asked if there is a central location for the internet access.  Mr. O’Neil said that there are multiple internet drains throughout the community.  It’s a mesh network.  If one cell goes out, it will automatically mesh around that cell and provide service. 

Alderman Boerner asked about the range of the units and what impact does elevation have on the system.  Mr. O’Neil said one of the access points has the range of about 300 – 350 meters.  This work is in conjunction with repeats that are installed in the subscriber’s house.  It’s a repeater for inside of the house.  He said that there are about 19 – 22 access points per square mile. 

Mayor Young said that there has been some bad press regarding Network 1’s chief executive, Tim Huff.  He asked if Mr. Huff is still involved in the corporation.  Mr. O’Neil said yes, and that Mr. Huff was not found guilty of anything.  He was a CEO of a publicly traded company called Globetel, headquartered out of Miami in 2002.  Stock transactions were investigated that he had nothing to do with, but after the Enron situation, the acting CEO of a publicly traded company needs to know everything that happens within the organization.  He said that Mr. Huff has not been found guilty of anything. 

2007 Audit:  Michael Williams, Hochschild, Bloom & Company, made the presentation of the 2007 audit report.  He said the City’s total assets are close to last year.  Total liabilities decreased from the previous year.  Total net assets increased from $44,000,000 to $46,000,000.  He said that total revenues were about $19,500,000, expenses were $18,341,000.  City assets include cash, investments, receivables, inventories, etc.  Total assets are around $9,500,000.  Liabilities are obligations such as accounts payable, vacations payable, wages payable, etc.  The general fund has approximately $2,000,000 of liabilities.  The difference between the assets and liabilities is the fund balance.  The general fund has a fund balance of approximately $7,500,000.  The unreserved portion is around $6.8 million.  He said capital assets consist of land, right-of-ways, construction in progress, buildings, infrastructure, vehicles.  The total at the beginning of the year, the total was $63,000,000.  At the end of the year, the total was $62,000,000.  The total long tern liabilities at the beginning of the year were $30,691,000.  At the end of the year, the total was $28,460,000.  He said the total revenues reflect over budget by about $347,000.  Total expenditures were under budget. 

PENDING ISSUES
None.

CITIZEN COMMENTS
None.

PUBLIC HEARINGS
None.

NEW BUSINESS
LEGISLATION

BILL # 3523 - AN ORDINANCE AMENDING SCHEDULE AA OF SECTION 15 REGARDING SPECIAL ENFORCEMENT AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3523.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3523 was read for the first time.

Alderman Terbrock asked about St. Louis County’s objection to certain areas being included in this legislation even though Ballwin is responsible for snow removal, police patrol, etc.  City Administrator Kuntz said that St. Louis County has its own standards and does not want to deviate for local issues.  This ordinance will be evaluated annually to determine if additional streets should be considered based on other circumstances that might develop.  He said that   St. Louis County can be approached with this issue at a later date.  City Administrator Kuntz said that statistical data can be obtained through experience with the other streets. 

A motion was made by Alderman Fleming and seconded by Alderman Robinson to amend Bill No. 3523 to include Bitterfield Drive, between Henry and Woods Mill, on the basis of correspondence received from the Claywood Subdivision president, who indicated that their petition previously submitted to the City was intended to cover both Clayworth and Bitterfield.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3523, as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3523 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3523 with the following results: 
Ayes – Terbrock, Suozzi, Buermann, Fleming, Robinson, Pogue, Boerner.    Nays – None.  Bill No. 3523 was approved and became Ordinance No. 08-10.

BILL # 3524 - AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO CERTAIN GOLF COURSE FEES.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3524.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3524 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a second reading of Bill No. 3524.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3524 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3524 with the following results: 
Ayes – Suozzi, Buermann, Fleming, Robinson, Boerner, Pogue, Terbrock.   Nays – None.  Bill No. 3524 was approved and became Ordinance No. 08-11.

BILL # 3525 - AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO RESERVED PLAY ON VLASIS PARK TENNIS COURTS.

A motion was made by Alderman Buermann and seconded by Alderman Robinson for a first reading of Bill No. 3525.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3525 was read for the first time.

Alderman Pogue said that the proposed rate seems high compared to some other municipalities covered in the enclosed letter from a resident.  Director of Parks & Recreation Bruer said that Kirkwood charges $5.00 per hour rather than the $4.00 per day stated in the letter.  The reserve time is restricted to mornings.  She said that Des Peres does not do reservations for leagues.  City Administrator Kuntz said that the park is mainly for casual use, therefore, the premium rate is suggested. 

Alderman Buermann asked about the time restrictions for the reserved court time.  City Attorney Jones said that he did not put all of the operational details into the ordinance.  These will be contained in a separate policy. 

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3525.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3525 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3525 with the following results: 
Ayes – Buermann, Fleming, Robinson, Boerner, Pogue, Terbrock, Suozzi.  Nays – None.  Bill No. 3525 was approved and became Ordinance No. 08-12.

BILL # 3526 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO DANIEL MUELLER, DBA CLUBHOUSE PIZZA, FOR SALE OF ALCOHOL BY-THE-DRINK WITH ON-SITE CONSUMPTION, A RESTAURANT WITH CARRYOUT, FRONT YARD PARKING AND ENTERTAINMENT FACILITIES.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3526.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3526 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3526.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3526 was read for the second time.

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 are absent.

A roll call was taken for passage and approval of Bill No. 3526 with the following results: 
Ayes – Fleming, Robinson, Boerner, Pogue, Terbrock, Suozzi, Buermann.  Nays – None.  Bill No. 3526 was approved and became Ordinance No. 08-13.

BILL # 3527 - AN ORDINANCE AMENDING ARTICLE XVI, SECTION 23 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO AMUSEMENT DEVICES.

A motion was made by Alderman Buermann and seconded by Alderman Pogue for a first reading of Bill No. 3527.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3527 was read for the first time.

Alderman Pogue said the initial ordinance was 1 machine per every 500 square feet, up to a total of 3 machines.  The staff amendment recommendation was to allow 1 machine per every 400 square feet.  Planning & Zoning Commission recommended 1 machine per every 300 square feet with no limit. 

The motion was amended by Alderman Pogue to raise the square footage to 400 and retain the no limit language. 

Alderman Suozzi said that the Planning & Zoning Commission did not want to handicap the business owner.  They also discussed not requiring food sales.  She said that was not approved.  Food sales must be included.  She said she is concerned about reversing something that Planning & Zoning has recommended.  Alderman Pogue said that he respects the Planning & Zoning Commission’s opinion, but he is trying to reach a middle ground between staff’s recommendation and Planning & Zoning. 

Alderman Robinson asked for a reason to use 400 instead of 300 square feet.  Assistant City Administrator Aiken said that the current ordinance is very conservative with 500 square feet.  He said that the petitioner wanted to incorporate approximately 20 machines into his restaurant.  The Board then agreed to consider changing the regulations.  The 400 square feet worked out for the petitioners plan for 20 machines and the floor area of his building.

The motion was seconded by Alderman Robinson. 

Alderman Suozzi said the Planning & Zoning has made recommendations that were discussed at length.  Alderman Pogue said he respects Planning & Zoning’s research and recommendations, but he is trying to reach a middle ground between Staff’s recommendation and Planning & Zoning. 

Alderman Fleming said that he is in favor of following the unanimous recommendation of Planning & Zoning. 

Alderman Boerner asked if a study has been done regarding the difference for consideration between 300 square feet and 400 square feet?  He said that Planning & Zoning has spent some time on this and determined 300 square feet is sufficient. 

Mayor Young asked does the Board want to amend the ordinance from 300 square feet to 400 square feet?  Alderman Suozzi asked how does this impact The Pointe or other public facilities.  Does this limit us to the same number?  City Attorney Jones said that it would have an impact because The Pointe is zoned for public activity and would fall under sub-section 2C.  City Administrator Kuntz said that this is a positive impact. 

A roll call vote was taken on the amendment to raise the square footage from 300 to 400 square feet with the following result:  Ayes:  Robinson, Pogue, Terbrock    Nays:  Buermann, Suozzi, Boerner, Fleming.  The amendment was defeated by a vote of 4 – 3. 

A motion was made by Alderman Robinson and seconded by Alderman Suozzi for a second reading of Bill No. 3527.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3527 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3527 with the following results: 
Ayes – Robinson, Buermann, Pogue, Terbrock, Suozzi, Boerner, Fleming.  Nays – None.  Bill No. 3527 was approved and became Ordinance No. 08-14.

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. Skidsteer  (purchase of Bobcat under State bid, $34,902)
B. Climbing Wall (for the pool from Hutchinson & Associates, $15,069)
C. Truck Bed, Spreader and Plow (from OEM Systems, $26,995)

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

MAYOR’S REPORT

Liquor License:  Clubhouse Pizza, at 14932 Manchester Road, to be consumed by-the-drink on the premises, including Sunday sales.  A motion was made by Alderman Pogue and seconded by Alderman Terbrock to accept the Liquor License for Clubhouse Pizza.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Aldermanic Committee Assignments:  Mayor Young made the following appointments to the Aldermanic Committees of the Board of Aldermen: 
Finance & Administration:  Chairman Suozzi, Aldermen Terbrock, Robinson, Boerner
Public Health & Safety:  Chairman Pogue, Aldermen Buermann, Robinson, Lembke
Parks & Recreation:  Chairman Lembke, Aldermen Pogue, Suozzi, Fleming
Public Works:  Chairman Fleming, Aldermen Terbrock, Buermann, Boerner

Planning & Zoning Commission:  Mayor Young recommended that Alderman Suozzi be re-appointed as the aldermanic representative.  A motion was made by Alderman Buermann and seconded by Alderman Pogue for the re-appointment of Alderman Suozzi.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Board of Adjustment Chairman:  Mayor Young said that Chairman Lori Willis’s tern of office expires on May 24.  She said that she will serve another 5-year term if re-appointed, but is willing to step down if another candidate is preferred.  He said that the chairman appointment will be made at the June 9 Board meeting. 

President of the Board:  A motion was made by Alderman Pogue and seconded by Alderman Suozzi to reappoint Alderman Buermann President of the Board of Aldermen.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ADMINISTRATOR’S REPORT

WI FI:  City Administrator Kuntz said that draft legislation was authorized at the last Board meeting to establish guidelines for a franchise petition.  Currently there are no regulations in place if there is a petitioner wishing to establish the service.  Board approval is necessary.  Having the guidelines in place on the front end make discussions less adversarial in terms of service provision, franchise fees, pole attachments, etc. 

Alderman Fleming said that he is disappointed that more information was not obtained for the legislation; therefore, the cable legislation is the guideline.  City Attorney Jones said that he intends to review the legislation of other cities that currently have WI FI. 

City Administrator Kuntz suggested a regional standard.  If there is a weakness in the program, the cities can unite as a larger group to deal with the issues. 

Future Finances Work Session:  City Administrator Kuntz said suggestions are provided for discussion at the May 19 Work Session.  The Board agreed that the starting time should be 7:00 p.m.  City Administrator Kuntz asked for Board preference on discussion items.  Alderman Robinson said that there has not been enough money put into infrastructure for a long time.  He said that the Board has known for years that about $3 million should annually be put into street repairs, but this has not been done.  He said that examples are Penny Lane and Penny Court.  These streets deteriorated to their present condition because not enough money was put into infrastructure.  He asked what items need to be cut to get the infrastructure to an acceptable level? 

Alderman Boerner asked if resubmitting Proposition B to the voters has been discussed?  He said that discussing cuts is not as critical as deciding about resubmitting Prop B to the voters.  He said he believes that if the voters are properly informed, Proposition B will be approved.  He suggested that this should be discussed and a decision made at the Work Session. 

Alderman Fleming said that after the options are discussed, a plan for going forward should be determined at the Work Session. 

Alderman Suozzi said that an outside person should give a perspective on the options.  She said that the cost of the next ballot issue should be provided. 

Alderman Buermann suggested that Work Sessions be held in July and August instead of the usual summer schedule where 2 Board meetings are cancelled.  He said that the Board committee meetings should be attended by the whole Board. 

CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS

Police Communication System:  Alderman Terbrock asked for information on the system.  Police Chief Schicker said that a regional study was conducted.  The plan would utilize personnel to enter police reports and allow silent dispatch into the cars which would cut down on the minor chatter and send notes to the officer.  The supervisor would know exactly where the personnel are at all times.  The system checks the information on calls, such as where the call was directed.  The officer can enter notes.  He said there is a continued dialog between Ellisville and Ballwin regarding communications and other services.  He said that Kirkwood and Ballwin are the only two municipal police communication services in St. Louis County that have their own base station. 

Wildwood Pool Usage:  Alderman Buermann said that the City of Wildwood is very appreciative for Ballwin Board approval for limited pool usage.  They have extended their help to Ballwin if the need ever arises.  He said that this shows that Ballwin is willing to work with other cities in a positive manner.

Meadowbrook Streets:  Alderman Fleming asked Jack Hanley, Meadowbrook Trustee, for an update.  Mr. Hanley said that the contract was bid under the prevailing wage.  Krupp is willing to cooperate with this.  He presented a petition, representing 66% of the subdivision land owners, to establish a NID for the Meadowbrook Subdivision to go forward with street repairs.  (Note:  The petition containing the signatures of the Meadowbrook residents was given to City Attorney Jones.) 

A motion was made by Alderman Fleming and seconded by Alderman Pogue that City Attorney Jones review the petition, present details to the Board at the next meeting, and draft legislation for consideration to approve the petition and create the NID, assuming that the petition is in compliance with applicable State statutes.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Alderman Fleming asked that the Meadowbrook Neighborhood Improvement District be discussed at the start of the May 19 Work Session.  The Board agreed. 

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:54 p.m.

WALTER S. YOUNG, MAYOR
ATTEST:

ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC

May 12, 2008