Board of Aldermen Meeting

Meeting Agenda

CITY OF BALLWIN
BOARD OF ALDERMEN MEETING
January 26, 2015 7:00 p.m.
300 Park Drive, Donald “Red” Loehr Police & Court Center

1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. Approval of Minutes: January 12, 2015

5. Oath of Office:For Ward 2 Vacancies until the April 7, 2015 election

6. Second Roll Call (To include newly installed Aldermen)

7. Presentation: None

8. Pending Issues: None

9. Citizen Comments

10. Public Hearing: None

New Business:

11. Legislation Next Ordinance # 15-07
     A. Bill # 3865 Sewer Lateral Repair Program
     B. Bill # 3866 Circle Seven Ranch Site Plan

12. Consent Items
     A. North Pointe Chairs
     B. Staff Apparel
     C. Police Patrol Vehicles
     D. Radar Units Replacement
     E. Training Ammunition Purchase

13. Mayor’s Report

14. City Administrator’s Report
     A. None.

15. Staff Reports
     A. None.

16. City Attorney’s Report
     A. Legal Issues

17. Aldermanic Comments

18. 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 61

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BOARD OF ALDERMEN MEETING BRIEFS
January 26, 2015 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.

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 January 12 Board of Aldermen meeting are submitted for approval.

OATH OF OFFICE
The Oath of Office will be administered for the Ward 2 Aldermanic vacancies until the April 7, 2015 election.

SEWER LATERAL REPAIR PROGRAM (Bill 3865)
This amendment to the ordinance changes the definition of eligible work, to allow the use of pipe liners, and defines the definition of failed for purposes of funding under this program.

CIRCLE SEVEN RANCH SITE PLAN (Bill 3866)
Circle Seven Ranch in the Ballwin Grove Plaza is asking that it be allowed to amend its site development plan to permit the erection of a fabric cover over its exterior dining patio. The Planning & Zoning Commission recommended approval of the revised design of the patio cover, but rejected the proposal for a fabric covered vestibule over the main entrance.

NORTH POINTE CHAIRS
Bids have been received for the relacing of all of the remaining original lounge chairs at the North Pointe. The low bid is recommended.

STAFF APPAREL
This is the annual bid for apparel for employees in the Parks & Recreation Department and participants in some programs.
The low bid is recommended.

POLICE PATROL VEHICLES
This bid was from the State Cooperative Procurement Agreement. Per the budget approved in December, the Police are proposing the slightly more expensive but bigger Ford sedan. The recent experience with the Chevrolet Impala recommends against purchasing any more of these vehicles. The bid is $1,820 over budget, due to price increases since the budget was approved.

RADAR UNITS REPLACEMENT
The Police Department is proposing the purchase of four new radar units, under the State Cooperative Procurement Agreement.

TRAINING AMMUNITION PURCHASE
This proposal is to purchase the annual allotment of ammunition necessary for all officers to complete fire arms training and be qualified. The purchase is through the State Cooperative Procurement Agreement and is under budget.

LEGAL ISSUES
City Attorney Jones will provide a status report on pending legal issues a d the Chesterfield suit update. 

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 Park Drive
January 26, 2015

THE MINUTES ARE PREPARED IN SUMMARY TO REFLECT THE OVERALL DISCUSSIONS,
NOT VERBATIM QUOTES.

The meeting was called to order by Mayor Pogue at 7:04 p.m.

PRESENT                                                             ABSENT
MAYOR TIM POGUE
ALDERMAN JIMMY TERBROCK
ALDERMAN MICHAEL FINLEY
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.

MINUTES
The Minutes of the January 12, 2015 Board of Aldermen meeting were submitted for approval.
A motion was made by Alderman Finley and seconded by Alderman Fleming to amending the Minutes on page 4of the Mayor’s report, at the end of the second paragraph as follows: Members of the Board received and reviewed resumes of Mr. Stallmann and Mr. Schwent. A voice vote was taken with a unanimous affirmative result and the motion passed.
A motion was made by Alderman Fleming and seconded by Alderman Finley to approve the Minutes as amended. A voice vote was taken with a unanimous affirmative result and the motion passed.

OATH OF OFFICE
The Oath of Office was administered to Mark Stallmann to fill the vacancy of former Alderman Mark Harder until the April 7, 2015 election.
The Oath of Office was administered to John Schwent to fill the unexpired 1-year term of former Alderman Shamed Dogan, until the April 7, 2015 election.

SECOND ROLL CALL

PRESENT
MAYOR TIM POGUE
ALDERMAN JIMMY TERBROCK ALDERMAN JIM LEAHY
ALDERMAN MICHAEL FINLEY ALDERMAN KATHY KERLAGON
ALDERMAN MARK STALLMANN ALDERMAN MIKE BOLAND
ALDERMAN JOHN SCHWENT CITY ADMINISTRATOR ROBERT KUNTZ
ALDERMAN FRANK FLEMING CITY ATTORNEY ROBERT E. JONES

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS
Tony Randazzo, CVS: Mr. Randazzo spoke to the Board about the Circle 7 Site Plan. He said he is opposed to the proposal to change the cover of the Circle 7 Ranch patio. He said that parking is a major issue in this plaza and has not gotten better since the parking lot was expanded and the original proposal was approved. He has customers who cannot find parking spaces to come into his store. He requested a variance to the sign ordinance to allow signs to be placed on his building to reserve parking spaces for the CVS customers. He asked the Board not to approve the site plan change.

James Komorek, Co-owner of Mia Sorella: Mr. Komorek said he is opposed to allowing the year-round canopy over the Circle 7 Ranch patio. He believes the tent structure will negatively impact the look of the plaza. He said that if the patio cover is approved, he will also make the same request for his restaurant. Mr. Komorek said that the fire lanes are still being used for customer parking, and not being reserved for fire and emergency vehicles.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3865 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BALLWIN WITH REGARD TO THE SEWER LATERAL REPAIR PROGRAM.

A motion was made by Alderman Leahy and seconded by Alderman Boland for a first reading of Bill No. 3865. A voice vote was taken with a unanimous affirmative result, the motion passed and Bill No. 3865 was read for the first time.

A motion was made by Alderman Fleming and seconded by Alderman Leahy for a second reading of Bill No. 3865. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3865 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3865 with the following results:
Ayes – Fleming, Leahy, Terbrock, Schwent, Boland, Stallmann, Kerlagon, Finley. Nays – None. Bill No. 3865 was approved and became Ordinance No. 15-07.

BILL # 3866 - AN ORDINANCE AMENDING THE NEIGHBORHOOD COMMERCIAL OVERLAY DISTRICT APPROVED PER ORDINANCE 13-28 FOR CERTAIN LAND AT CLAYTON ROAD AND HENRY AVENUE IN THE CITY OF BALLWIN, COMMONLY KNOWN AS THE BALLWIN GROVE PLAZA.

A motion was made by Alderman Kerlagon and seconded by Alderman Boland for a first reading of Bill No. 3866. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3866 was read for the first time.

Buddy Coy, Co-owner of Circle 7 Ranch, asked that Bill 3866 be held over to allow time to better show what is being proposed. Alderman Fleming asked that this be held over until the Feb. 23 Board meeting. City Attorney Jones said that after reviewing amended plans, if the changes are significant, this petition would be referred back to the Planning & Zoning Commission . Mr. Coy said that the changes are not major, but will give a better representation of the material and the overall appearance.

Bill 3866 was held over until the February 23 Board meeting.

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. North Pointe Chairs
B. Staff Apparel
C. Police Patrol Vehicles
D. Radar Units Replacement
E. Training Ammunition Purchase

Alderman Finley asked if the police patrol vehicles would be purchased from a Missouri dealer. Police Chief Schicker said this is a Missouri dealership.

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

MAYOR’S REPORT
Missouri Municipal League Legislative Conference will be held February 10 – 11 in Jefferson City. If there are Board members planning on attending, City Administrator Kuntz should be notified.

Mayor Pogue requested a Closed Session at the end of the agenda to discuss personnel under State Statute 610.021 13.

CITY ADMINISTRATOR’S REPORT
City Administrator Kuntz said that after careful consideration, he will not be renewing or seeking renewal of his current employment contract when it expires on April 15, 2015. He said the City of Ballwin is in good shape and he feels it’s time to pass the gavel to a new City Administrator. He is willing to assist in whatever capacity the Board deems appropriate during the transition.

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT

Legal Issues: City Attorney Jones said there are no new developments in the Chesterfield litigation. The City of Webster Groves has declined to intervene. The City of Florissant is still on track to do this.

ALDERMANIC COMMENTS
None.

Adjourn to Closed Session: A motion was made by Alderman Fleming and seconded by Alderman Finley to adjourn to closed session to discuss personnel, according to State Statute 610.0211 and 610.02113. A roll call vote was taken with the following results: Ayes: Aldermen Boland, Kerlagon, Fleming, Leahy, Schwent, Stallmann, Terbrock, Finley. Nays: None. The motion passed to adjourn to closed session at 7:20 p.m.

Closed Session:
The Board convened in closed session at 7:25 p.m.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock to adjourn the closed session. A roll call vote was taken with a unanimous result, and the closed session was adjourned at 8:02 p.m.

The Board reconvened in open session at 8:03 p.m.

Mayor Pogue stated that the Board met in closed session to discuss personnel. No votes were taken. He asked City Attorney Jones to prepare a contract for City Administrator Kuntz’s employment on an interim basis for January 1 to June 6, 2015.

Alderman Boland said that this week is National Catholic School Week.

Adjourn:
A motion was made by Alderman Fleming and seconded by Alderman Stallmann to adjourn the open session. The motion passed unanimously and the meeting was adjourned at 8:05 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC

Minutes Signed and Approved on Feb. 9, 2015.