City of Ballwin Board of Aldermen Meeting Agenda
Meeting Agenda
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Approval of Minutes: January 28, 2019 Board of Aldermen Meeting Minutes, and the January 28, 2019 Closed Meeting Minutes
5. Presentations: Parks Master Plan
6. Citizen Comments
7. Public Hearing: None
8. Unfinished Business: None
9. Legislation (Next Ordinance #19-2)
a. Bill No. 4016 Revising Communications Facilities Ordinance
b. Bill No. 4017 Updating Utility Gross Receipts Taxes Ordinance
c. Bill No. 4018 Ordinance to repeal Cable Television Codes and Enact Codes relating to Regulation of Video Service Providers
d. Bill No. 4019 Establishment of Zero Property Tax Rate
e. Bill No. 4020 Re-adopting and Amending Conflicts of Interest Ordinance
f. Bill No. 4021 Updating Missouri Local Area Governments Retirement Plan Ordinance
g. Resolution Supporting the Formation of a Board of Freeholders/Electors
10. Consent Items
a. Liquor License: Moonlight Bistro
b. Public Works: Bucket Truck
11. Mayor’s Report
12. City Administrator’s Report
a. Updating of Personnel Manual: City Vehicle and Drivers Standards
b. Updating of Personnel Manual: Disciplinary Procedures
13. Staff Reports
a. Public Works: Truck Purchases
b. Parks: Apparel Bids
14. City Attorney’s Report
15. Aldermanic Comments
16. Closed Session:
a. The Board will meet in Closed session to discuss potential litigation under Section 610.021(1) RSMo
b. The Board will meet in Closed session to discuss personnel matters under Section 610.021(13) RSMo
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
THE MINUTES ARE PREPARED IN SUMMARY TO REFLECT THE OVERALL DISCUSSIONS, NOT VERBATIM QUOTES.
The meeting was called to order by Mayor Tim Pogue at 7:00 p.m.
ROLL CALL
Present
Mayor Tim Pogue
Alderman James Terbrock
Alderman Michael Finley
Alderman Kevin M. Roach
Alderman Mark Stallmann
Alderman Frank Fleming
Alderman Jim Leahy
Alderman Ross Bullington
Alderman Raymond Kerlagon
Interim-City Administrator Bob Kuntz
Attorney Kate Henry
Absent
The Pledge of Allegiance was given.
MINUTES__________
The Minutes from the January 14, 2019, Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Fleming and seconded by Alderman Roach to approve the minutes from the January 14, 2019 Board of Aldermen meeting as amended. A voice vote was taken with a unanimous affirmative result and the motion passed.
The Minutes from the January 14, 2019, closed session meeting were submitted for approval. A motion was made by Alderman Fleming and seconded by Alderman Stallmann to approve the minutes from the January 14, 2019 closed session meeting as submitted. A voice vote was taken with a unanimous affirmative result and the motion passed.
PUBLIC COMMENTS__________
Carleen Kramer spoke about ADA sidewalk compliance along New Ballwin Road as discussed in the presentation by Cochran Engineering at the last Board of Alderman meeting.
John Milla spoke in favor of raising the elected officials pay in Ballwin. He believes the proposed raises are too low when considering the good work the board has done and should be increased to stay in line with area municipalities. He also expressed his desire to ensure Prop P funds remain for police department use only.
Matthew Conlon spoke in opposition to the “Better Together” plan recently released related to the city/county merger. He stated he believes it will result in higher taxes and decreased services for Ballwin residents.
Walt Young stated he is part of a group opposing the city/county merger. He also suggested researching the timing of increasing elected officials pay with the upcoming election.
Michael Scott stated he was very much in support of the elected officials compensation increase and that he would support more than what was in the proposal as the board oversees a large budget and important decisions.
Gary Carr stated his appreciation of the board and mayor and the transparency about the issue of increased compensation he spoke in favor of the presented increase.
NEW BUSINESS______________
LEGISLATION
Bill No. 4015 Elected Officials Compensation A motion was made by Alderman Leahy and seconded by Alderman Kerlagon for a first reading title only of Bill No. 4015. A voice vote was taken with unanimous affirmative result and Bill No. 4015 was read a second time.
In discussion of Bill No. 4015 Alderman Finley thanked residents for coming to speak in support of the compensation increase. Mayor Pogue thanked Alerman Finley for the letter to the editor he wrote to increase transparency and resident input on the issue.
A motion was made by Alderman Leahy and seconded by Alderman Fleming for a second reading title only of Bill No. 4015. A voice vote was taken with the following results: Ayes - Alderman Leahy, Terbrock, Fleming, Stallman, Kerlagon, Finley; Nays: Roach, Bullington. Bill No. 4015 was approved 6-2 and became Ordinance # 19-1.
CONSENT ITEMS
a. Liquor License-Ballwin Sno Cone Company
b. Destruction of Records
Alderman Roach requested to pull consent item A for further discussion. A motion was made by Alderman Fleming and seconded by Alderman Terbrock to accept Consent Item B as submitted. A voice vote was taken with unanimous affirmative result and the motion passed.
MAYOR'S REPORT__________
Planning and Zoning Appointment Mayor Pogue recommended appointing Victoria Winfrey to serve on the Planning and Zoning Commission to fill a vacancy. A motion was made by Alderman Roach and seconded by Alderman Stallmann to approve the appointment of Victoria Winfrey to the Planning and Zoning Commission. A voice vote was taken with unanimous affirmative result and the motion passed.
City-County Merger Mayor Pogue stated he attended a municipal league meeting last week where support was sought to petition to form the board of freeholders which is the constitutional vehicle in place to discuss the merger. This would result in a vote of only those residents who live within the city and county on the issue of the merger. Mayor Pogue stated Ballwin’s board was one of the first to draft legislation to oppose the merger and remains in opposition. A motion was made by Alderman Stallmann and seconded by Alderman Fleming to direct City Attorney Jones to draft legislation in support of the vehicle proposed by the municipal league for future merger discussions. A voice vote was taken with unanimous affirmative result and the motion passed.
INTERIM CITY ADMINISTRATOR'S REPORT __________
Liquor License Interim City Administrator Kuntz brought back Consent Item A for discussion. Alderman Roach stated he didn’t have all the information relating to the liquor license. Police Chief Kevin Scott stated after criminal records checks there were no concerns in approving a full liquor license. A motion was made by Alderman Roach and seconded by Alderman Fleming to approve Consent Item A. A voice vote was taken with unanimous affirmative result and the motion passed.
Extreme Weather Interim City Administrator Kuntz suspended the dress code for administrative staff and all non-essential outdoor activities for the next three days due to the extreme cold.
Special Counsel Agreement Alderman Finley suggested having a backup appointment in the contract in case something would happen to the designee outlined in the agreement. Attorney Henry stated the contract gives the City final approval. Alderman Finley stated he will be voting in opposition because he has full confidence in City Attorney Jones’ law firm to handle the negotiations. A motion was made by Alderman Fleming and seconded by Alderman Roach to approve the special counsel agreement. A voice vote was taken with the following results: Ayes - Alderman Leahy, Roach, Fleming, Stallman, Kerlagon, Bullington; Nays: Terbrock, Finley. The motion passed and the special counsel agreement was approved 6-2.
STAFF REPORTS__________
Administration: Building Department Fee Survey Building Commissioner Mike Roberts stated building fees have not been raised since 2003 even as department wages and expenses have increased. Alderman Roach asked Mr. Roberts for a recommendation on how often to review these fees. Mr. Roberts stated reviewing the fees every 3 or 4 years would be good practice. A motion was made by Alderman Roach and seconded by Alderman Bullington to draft an ordinance to approve the changes as submitted by staff as well as a plan to review them every four years. A voice vote was taken with unanimous affirmative result and the motion passed.
Administration: House Demolition Building Commissioner Mike Roberts stated a house on Clayton Rd has been declared a dangerous building and needs to be demolished. Extensive work has been done without success to find someone responsible for the building after the owners and all the members of the trust have passed away. A motion was made by Alderman Fleming and seconded by Alderman Stallmann to approve staff recommendation and the bid submitted for house demolition. A voice vote was taken with unanimous affirmative result and the motion passed.
Administration: Urban Land Institute Assistant City Administrator Andy Hixson and Urban Land Institute representative Kelly Annis discussed the deliverables that would be provided by the organization if the board approved moving forward with the study of the old city hall site. Alderman Finley expressed that City staff is capable of analyzing the land and producing recommendations such that the expenditure to Urban Land Institute was not necessary. A motion was made by Alderman Stallmann and seconded by Alderman Fleming to approve staff recommendation to hire U.L.I. to conduct a land study. A voice vote was taken with the following results: Ayes - Alderman Fleming, Stallman, Kerlagon, Bullington, Terbrock; Nays: Leahy, Finley, Roach. The motion passed and the recommendation was approved 5-3.
Administration: New Ballwin Road Engineering Grant Proposal Assistant City Administrator Andy Hixson and Cochran Engineering representative Dave Christensen spoke about only updating the ramps along New Ballwin Road with the project. They stated the City of Ballwin would move forward on its own time frame to make the sidewalks fully ADA compliant outside of the scope of the funding for this grant application. A motion was made by Alderman Bullington and seconded by Alderman Fleming. A voice vote was taken with unanimous affirmative result and the motion passed.
Parks and Recreation: Virginia Graeme Baker Act: Pool Upgrades Interim Director of Parks and Recreation John Hoffman recommended awarding the bid for the VGBA pool upgrades to Westport Pools, the only bidder. A motion was made by Alderman Fleming and seconded by Alderman Stallmann to accept staff recommendation for pool upgrades. A voice vote was taken with unanimous affirmative result and the motion passed.
