Board of Aldermen Meeting

Meeting Agenda

BOARD OF ALDERMEN MEETING
OCTOBER 12, 2015 at 7:00 p.m.
300 Park Drive – Donald “Red” Loehr Police & Court Center
www.ballwin.mo.us

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 COMMENT
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

1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. Approval of Minutes: Sept. 28, 2015 Work Session, Board of Alderman Meeting and Closed Session Minutes

5. Presentation: 3 Recognitions

6. Citizen Comments:

7. Public Hearing: None

8. Pending Issues: None

New Business:

9. Legislation Next Ordinance # 15-33
     a. Resolution for Rockwood Coalition

10. Consent Items
     a. Hire Temporary Laborers for Leaf Collection Programs

11. Mayor’s Report
     a. Legislative Affairs Committee
     b. Planning & Zoning Appointment

12. City Administrators Report

13. Staff Reports

14. City Attorney’s Report

15. Closed Session

16. Aldermanic Comments

17. Information Only

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 610.

Meeting Minutes

 

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 Park Drive
October 12, 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 7:00 p.m.

Roll Call
PRESENT ABSENT
Mayor Tim Pogue Alderman Frank Fleming
Alderman James Terbrock
Alderman Michael Finley
Alderman Kevin Roach
Alderman Mark Stallmann
Alderman Jim Leahy
Alderman Ross Bullington
Alderman Kathy Kerlagon
City Administrator Hanson
City Attorney Robert E. Jones

The Pledge of Allegiance was given.

MINUTES

The Minutes of the September28, 2015 Work Session, Board of Aldermen meeting and closed sessions were submitted for approval.

A motion was made by Alderman Terbrock and seconded by Alderman Stallmann to approve the minutes from the September 28th Work Session as submitted. A voice vote was taken with a unanimous affirmative result and the motion passed

A motion was made by Alderman Terbrock and seconded by Alderman Finley to approve the minutes from the September 28th Board meeting as submitted. A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Stallmann and seconded by Alderman Kerlagon to approve the September 28th Closed Session minutes as submitted. A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATIONS

Chief of Police, Steve Schicker, presented Anthony Lindahl with the Citizen Service Citation for his quick response in a drowning situation that occurred on August 14th involving a 3 year old that resulted in Mr. Lindahl performing CPR.

The police officer who responded to the drowning incident was Officer Mike Dahm. Officer Dahm continued CPR until the paramedics arrived and took over. Chief Schicker presented Officer Dahm with a Chief’s Commendation.

Chief Schicker also presented a Citizen Service Citation to Ryan Raven for his assistance to officers Michael Flamion and Amanda Maragni. These officers were responding to a larceny in progress call.
An altercation with the suspect occurred when the officers were trying to subdue the individual. Officer Maragni was assaulted and Officer Flamion ended up in a ground altercation with the suspect. During the altercation, the suspect attempted to take Officer Flamion’s firearm. Ryan Raven had been driving by when he saw the altercation taking place. He stopped and assisted the officers in subduing the suspect.

CITIZEN COMMENTS

Lynn Goetz, residing at 504 Kenilworth in Ballwin, wished to address the Gun-Free Zones within the City of Ballwin. Mr. Goetz brought to the Board’s attention certain shooting situations that could have been avoided had a “no fire arms” sign not been posted on the premises of these locations. He used several examples such as the Aurora Colorado Theater shooting, stating there were various movie theaters showing the “Dark Knight Rises” within 20 minutes from the killer’s apartment. He didn’t choose to go to the theaters closest to him or the largest auditorium in Colorado, which was only ten minutes away, because these theaters allow individuals to carry permitted handguns on their premises. He chose the only theater prohibiting guns. A second example Mr. Goetz gave happened in Pearl, Mississippi in 1997. A 16 year-old killed his mother and went to Pearl High School with a rifle and killed two individuals. The school’s assistant principal retrieved a .45 mm semi-automatic pistol from his truck and intercepted the suspect while he was trying to flee the parking lot. The assistant principal held him at gun point until police arrived at the scene. Mr. Goetz also gave the example of the incident that occurred in 1998 in Edinboro, Pennsylvania. A 14 year-old brought a .25 caliber pistol to a school dance that was held off campus. The 14 year-old ended up killing one person and wounding three others. The 14 year-old then entered the pub next door to where the dance was being held. The pub owner confronted him with his shotgun as the 14 year-old was reloading and ordered him to surrender. Mr. Goetz also provided this example to the board, which involved a 21 year-old from Santa Clara, California in1999. The 21 year-old went to a shooting range, rented a rifle and fired shots into the ceiling and herded three employees out into an alley where he intended to kill them. One of the employees was carrying a concealed .45 caliber handgun under his shirt. When the shooter looked away, that employee pulled his gun and fired his weapon at the shooter. He kept the gun pointed at the 21 year-old until the police arrived. The final example Mr. Goetz provided was from a shooting that happened in 2002 in Gundy, Virginia, where a 43 year-old student at Appalachian School of Law opened fire with a .360 ACP semi-automatic handgun on the campus. He shot and killed two faculty members at point blank range. Two students ran to their vehicles to retrieve their personally-owned firearms and returned to the scene, disarmed the gunman and held him for the police. Mr. Goetz stated he could continue on with more examples but he thought the Board was beginning to understand where he was leading with the provided information.

Mr. Goetz stated that a couple of years ago he accepted an invitation presented to him by the Board of Aldermen to become a member of the Planning and Zoning Commission. Over the years he stated he has decided to not conduct business at businesses where a sign on the door stating “guns not allowed” is present because, as in the examples he provided, a gun free zone is essentially a shooting range.

He asked that the Board consider removing the sign on the door to the police station that states “No Guns Allowed.”

Mayor Pogue stated and confirmed by Chief Schicker that he believed the no guns allowed at municipal buildings is set by state statute.

Mr. Goetz suggested Ballwin look into lobbying to lift the gun free zone for municipal buildings. He asked Mayor Pogue if he were to set something up with his state representative, if the Mayor would be willing to have this discussion with him. Mayor Pogue confirmed that he would.

NEW BUSINESS

LEGISLATION
Next Ordinance # 15-33

RESOLUTION FOR ROCKWOOD COALITION

A motion was made by Alderman Finley and seconded by Alderman Terbrock approve the Resolution.
A voice vote was taken with a unanimous affirmative result

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. Hire Temporary Laborers for Leaf Collection Programs

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

MAYOR’S REPORT

Legislative Affairs Committee- Mayor Pogue stated that at the last meeting the main topics of discussion were in regards to Senate Bill 5 (SB5) and the St. Louis County sales tax reallocation proposal. He stated the next meeting was the following evening and he anticipated further discussion on SB5. There are several municipalities looking to make amendments to this bill. He also stated that there is movement for
pre-filing for a bill if the Municipal League does endorse a plan, in regards to the sales tax revenue.

Planning & Zoning Appointment- Chris Wright is looking to resign at the end of the year. Mr. Wright will sit on the Commission until his seat can be filled. There is still an opening for Ward 4 that will need to be filled by the end of the year.

Mayor’s Meeting- Mayor Pogue was approached by St. Louis Community College to sign an endorsement to extend the Metro 57 Express Bus Route to the Wildwood campus.

A motion was made by Alderman Kerlgaon and seconded by Alderman Leahy to authorize the mayor to endorse the extension of the 57 Metro Bus Route to the Wildwood Community Campus and send a letter to John Nation at Metro. A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ADMINISTRATOR’S REPORT
None

STAFF REPORTS
None

CITY ATTORNEY’S REPORTS

Annexation of 2750 Clarkson Road from St. Louis County – City Attorney Jones met with Glen Powers, Director of Planning for St. Louis County. Mr. Powers suggested that Ballwin may be able to take advantage of Chapter 72 which would allow for a boundary adjustment without having to use the simplified annexation procedures. City Attorney Jones said he will provide legislation at the next meeting to adopt this plan.

American Arms Gun Range – Tom Aiken and Attorney Jones have been working to draft legislation that would allow John Henderson’s business to have a sign fronting Manchester Rd. Attorney Jones stated he should have the legislation for the next meeting. Attorney Jones stated that Mr. Henderson would need to have some sort of written agreement with one of the property owners that fronts to Manchester in order to pass this legislation.

Lease Agreement with Enterprise Leasing Company for the Inspection’s vehicle lease -- Attorney Jones looked over the leasing agreement and saw that the company wanted Ballwin to insure the vehicles at full value for the duration of the lease agreement. Enterprise offers this additional coverage for an additional $420 per year, per vehicle.

Mayor Pogue stated that he would prefer if staff looked into purchasing the vehicles rather than a lease agreement. Alderman Terbrock and Alderman Stallmann were in agreement with the Mayor and stated that after thinking about the leasing of the vehicles that it may be beneficial to look into purchasing the two vehicles instead of leasing.

City Administrator Hanson said the department could look into the possibility of purchasing one vehicle this year and include an additional vehicle for purchase in the 2016 budget.

A motion was made by Alderman Terbrock and seconded by Alderman Stallmann to terminate the lease agreement with Enterprise Leasing Company. A voice vote was taken with a unanimous affirmative result and the motion passed.

ALDERMANIC COMMENTS

Alderman Leahy- Asked when leaf pickup would begin. Public Works Director Gary Kramer stated leaf pickup would begin the 26th of October.

Alderman Kerlagon- Stated she and her husband participated in National Night Out in their neighborhood on Tuesday, October 6th. She said she had a great time and had seen neighbors she hadn’t spoken with for a long time. She said Officer Dahm stopped by during the event and entertained the kids by demonstrating how the lights on his vehicles worked.
Alderman Terbrock- Asked Mayor Pogue if he had heard anything about the trash cans being placed at the bus shelters. Mayor Pogue stated he heard from Metro and they would not be providing any trash cans that they only have agreements to provide trash cans at bus stops in the City of St. Louis.

Alderman Roach- Commented Ryan Raven’s family resides within his Ward. It was a heroic act that he performed and Alderman Roach was very happy for the way that the situation turned out.

A motion was made by Alderman Terbrock and seconded by Alderman Stallmann to adjourn the Board of Aldermen Meeting. A roll call vote was taken with a unanimous result, and the meeting was adjourned at 7:36 p.m.

TIM POGUE, MAYOR

ATTEST:
ERIC HANSON, CITY ADMINISTRATOR

E Hanson
T Aiken
A Johnson
Approved: October 26, 2015