Board of Aldermen Meeting

Meeting Agenda

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Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
May 24, 2010

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

             PRESENT                                                                        ABSENT
MAYOR TIM POGUE                                              ALDERMAN RON MARKLAND
ALDERMAN JIMMY TERBROCK 
ALDERMAN MICHAEL FINLEY 
ALDERMAN FRANK SCHMER 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
ALDERMAN RICHARD BOERNER 
ALDERMAN KEN MELLOW 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the May 10, 2010 Board of Aldermen meeting and closed session were submitted for approval.  Alderman Finley amended Page 7 under Aldermanic Comments, Goose Control:  Changed the 4th sentence to read:  “He wants there to be no interference with this trend by the goose control efforts”.   A motion was made by Alderman Fleming and seconded by Alderman Schmer to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION

Citizen’s Academy:  Mayor Pogue presented Certificates of Appreciation to the following participants in the Citizen’s Academy:  Paul Bailey, Michael Hoffmeyer, Kathy Kerlagon, Bob Komor, and Walt Young.  Also participating in the Citizen’s Academy but unable to attend this meeting to receive their certificates were Mary and Charlie Klauke, Ron Markland, and Donald Sarnowski.

Audit:  Michael Williams from Hochschild, Bloom & Company, presented the annual report.  He said that total revenues are down $629,000, and expenses are down around $473,000.  There is a positive change in net assets of around $1,819,000.  He said that $350,000 of the revenue is a dedicated infrastructure which is not cash received, but is a fixed asset received by the City and has to be recorded as revenue.  Total revenues would be less without the one donation of the infrastructure.  He said in the general fund, the total assets are around $11,258,000.  The general fund has total revenues around $14,924,000, and expenditures are around $14,163,000.  There is a State law that requires the City’s cash to be secured by either FDIC or Pledged Securities.  Ballwin is in compliance with this law.  The City’s long-term debt has decreased. 

Community Leaders Pledge:  The Rockwood Drug-Free Coalition presented a poster reflecting Ballwin’s participation in the program to promote safe and healthy neighborhoods and schools.  They also expressed appreciation for participation in the Prescription Drug Take-Back program. 

PENDING ISSUES
None.

CITIZEN COMMENTS

Theresa Donovan, 674 Rustic Valley Drive:  Ms. Donovan spoke in opposition to the cell tower to be constructed in Ferris Park, which will be behind her house, almost at her property line.  She believes this will negatively impact the value of her home and others in the area.  She has not found another tower in Ballwin that is located this close to a homeowner’s property line.  She asked why the existing towers cannot be used instead of building new towers.  Very few residents in her subdivision know about this tower.  The sign is not in a noticeable location for her because she does not drive in front of the park. 

Ms. Donovan also spoke about the vacant group home in the subdivision.  She said the grass is overgrown and the home is obviously vacant.  She asked what is being done about this.  She has lived at this location for over 30 years, and the property adjacent to her house with the group home has been an issue since the day she moved in. 

Walt Young, 634 Lemonwood Drive:  Mr. Young said that the cell tower request could be turned down based on the fact that this will affect the character of the neighborhood in a negative way.  Mr. Young asked if Bill 3625, will affect ‘Living Signs”.  City Attorney Jones said Bill 3625 does not address the Living Signs.  Mr. Young asked about the effect on a sandwich board sign for the business in Ballwin Plaza that requested this in February.  City Attorney Jones said that the business owner would be able to put up the sign, under Section 22.60, which is regarding temporary signs, this is allowed under certain circumstances. 

Mr. Young spoke about the small battery powered motorcycles.  He said that children are driving these vehicles down the middle of streets in subdivisions.  The children are not wearing helmets.  The child on the cycle usually cannot be seen by drivers in cars.  He asked if there are any ordinances that can be applied to this situation to protect the children.  Police Chief Schicker said that there are regulations that apply, and asked that citizens report this activity when they observe it taking place. 

Dave Dorr, 453 Brass Lamp Drive:  Mr. Dorr spoke about drivers losing control of their vehicles on Brass Lamp Drive.  He asked the Board to adopt legislation to correct the problems on this street.  He thanked Aldermen Fleming and Leahy for stepping up to address their concerns.  He said that the safety of residents is a priority.  Brass Lamp was not designed to be a through street.  It originally ended in a cul-de-sac with no outlet.  When the street was opened at the end of Brass Lamp, it granted access to Baxter from the west and to Henry from the east.  As a result, traffic increased.  He said when the retail development under construction at the corner of Clayton Road and Henry is completed, there will be another increase in the number of vehicles on Brass Lamp.  The major problem is a stretch of 3 blocks with 2 hills, one west bound and one east bound, sharp curves and no street lights.  He said that coming over the crest of the 2 hills, a driver is immediately dropped into a downhill and then into a sharp curve.  In the 1980s, a young boy was playing on Brass Lamp and was struck by a car traveling east.  By the time the driver came over the crest and saw the boy, it was too late.  He asked the Board to take the proper action so that this never happens again. 

Alderman Terbrock asked if the most dangerous circumstances are on wet pavement.  Mr. Dorr said that it is usually when the pavement is wet or with snow and ice.

Mayor Pogue said that stop sign installation for this location will be discussed under the City Administrator’s report.

Kathy Kerlagon, 1146 Westrun Drive:  Mrs. Kerlagon said she wanted to become as knowledgeable as possible regarding the city government.  She said she completed the Ballwin Citizen’s Academy and is extremely pleased with the information that was presented in the 5-week program.  Each week, one of the four major branches of the city’s structure was highlighted, which consisted of the Administration Department, Parks & Recreation, Police Department, Public Works, Finance Department, and a brief review of the history of Ballwin.  She said the Ballwin Citizen’s Academy is outstanding and highly recommended it for everyone to develop a better understanding of the operation of this city.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3623 - AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO CERTAIN FEES FOR THE USE OF THE CITY’S MESSAGE BOARDS.

A motion was made by Alderman Terbrock and seconded by Alderman Fleming for a first reading of Bill No. 3623.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3623 was read for the first time.

A motion was made by Alderman Boerner and seconded by Alderman Leahy for a second reading of Bill No. 3623.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3623 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3623 with the following results: 
Ayes – Boerner, Fleming, Finley, Mellow, Schmer, Terbrock, Leahy.    Nays – None.  Bill No. 3623 was approved and became Ordinance No. 10-15.

BILL # 3624 - AN ORDINANCE PROVIDING FOR THE OUTDOOR DISPLAY AND SALE OF AGRICULTURAL PRODUCTS WITHIN THE C-1 COMMERCIAL ZONING DISTRICT OF THE CITY OF BALLWIN.

A motion was made by Alderman Boerner and seconded by Alderman Terbrock for a first reading of Bill No. 3624.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3624 was read for the first time.

Alderman Schmer said that the way this legislation is written will create a Farmer’s Market that is different than any other Farmer’s Market in the area.  Without a Special Event Permit, businesses, other than strictly agricultural businesses would be prohibited.  He said someone could participate in a Ballwin Farmer’s Market if they were a farmer and had agricultural products.  If it was a business, such as P.M. Barbecue, or a nursery wanting to sell trees, or a jeweler and wanted to show jewelry or pottery, these businesses would be prohibited.  City Attorney Jones said this is correct.  Alderman Schmer said that he would like to see the Board become more open and receptive to businesses utilizing a Farmer’s Market.  He doesn’t think businesses should be prohibited. 

Alderman Finley requested that “of the Ballwin Code of Ordinances” be added to the 6th paragraph.  City Attorney Jones said that this can be done.

A motion was made by Alderman Finley and seconded by Alderman Boerner to amend Bill 3624 to include “of the Ballwin Code of Ordinances” in paragraph 6.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Schmer said that under this ordinance, if a Farmer’s Market was at the Barn At Lucerne, none of the businesses located at the Barn could participate in the Farmer’s Market with their own products.  He said that this is ridiculous.  This is creating a venue for Farmers but not for our local businesses in this community. 

Alderman Leahy said that any Farmer’s Market in the City of Ballwin is doomed to fail.  He said he will vote against this because the legislation is too strict.  This past weekend, there was a Farmer’s Market in Wildwood.  There were approximately 18 booths, 6 were selling agricultural products.  There was a jewelry maker, barbecues, etc.  This legislation should be expanded. 

A motion was made by Alderman Terbrock and seconded by Alderman Boerner for a second reading of Bill No. 3624.  A voice vote was taken with the following result:  Aye:  Terbrock, Finley, Fleming, Boerner, Mellow.  Nay:  Leahy, Schmer.  The motion failed by a vote of 5-2  City Attorney explained that the policy is if there is not a unanimous vote for a second reading at the same meeting where the first vote was held, the Bill will be held over until the next meeting. 

Alderman Leahy said the motion passed by a vote of 5-2 for a second reading.  Mayor Pogue explained that by voting no on a second reading to read it twice on the same night, there must be a unanimous vote.  As a result of the vote, Bill 3624 was held over to the next meeting.

BILL # 3625 - AN ORDINANCE AMENDING THE PROVISIONS GOVERNING THE REGULATIONS OF SIGNS WITHIN THE ZONING ORDINANCE OF THE CITY OF BALLWIN.

A motion was made by Alderman Boerner and seconded by Alderman Terbrock for a first reading of Bill No. 3625.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3625 was read for the first time.

A motion was made by Alderman Finley and seconded by Alderman Schmer to amend Bill 3625 by adding “of the Ballwin Code of Ordinances” to paragraph 6.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Boerner said that in a prior sign ordinance, the provision for penalties was $50 per day.  In this ordinance, the fine could be up to $1,000 and/or 90 days in jail.  He said this is too severe for violating a sign ordinance.  He said he is not in favor of this strong penalty.  It is not good public relations.  He suggested dollars per day as in the prior ordinance. 

City Attorney Jones said that his concern is that when dollars per day is the penalty, it doesn’t lend itself to prosecution very easily.  If the penalty ordinance is used (1-6A), the court will typically look at a complaint and information to charges on a certain day such and such happened.  When an administrative penalty of $50 per day is used, there would have to be a separate notice issued everyday.  He said our staff does not issue notices in that manner.  Effectively, the recurring penalty won’t be enforced by the municipal court.  The changes will leave it up to the discretion of the prosecutor on how it should be charged and up to the court on how it is sentenced, if appropriate.  He doesn’t know how this could be enforced administratively without having the judiciary system behind this. 

Alderman Schmer said that this penalty wording is in other legislation.  City Attorney Jones said this language is used in other ordinances.  Mayor Pogue said that this wording is reflecting back to an already existing portion of our Code of Ordinances.  City Attorney Jones agreed. 

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a second reading of Bill No. 3625.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3625 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3625 with the following results: 
Ayes – Terbrock, Fleming, Mellow, Leahy, Schmer, Finley.    Nays – Boerner.  Bill No. 3625 was approved by a vote of 6-1 and became Ordinance No. 10-16.
BILL # 3626 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO SSC FOR TOWERCO II, LLC FOR A COMMUNICATIONS TOWER AT FERRIS PARK.

Mayor requested that this legislation regarding the Ferris Park communications tower be held over due to issues for discussion in the recommendation from the Planning & Zoning Commission and also to the proposed lease agreement. 

A motion was made by Alderman Terbrock and seconded by Alderman Schmer to hold over Bill 3626 to the next Board meeting on June 21, 2010.  A voice vote was taken with a unanimous affirmative result and the motion passed.

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. Liquor License Renewals

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

MAYOR’S REPORT

Appointments:  Mayor Pogue said that there are two openings on the Board of Adjustment for Alternate positions.  These can be from any of the 4 wards.

Memorial Day Ceremony:  Mayor Pogue said that the Ballwin Memorial Day Ceremony will be on Monday, at the Peace Memorial in Vlasis Park, at 11:15.  This event is hosted by the Ballwin Historical Society and the Ballwin VFW Post 6274.

Deer Control:  Mayor Pogue said that he has had discussions with the Mayors of Wildwood and Ellisville.  There have also been suggestions from Jerry Klein, who is Ballwin’s representative on the Urban Deer Task Force.  Director of Parks & Recreation Bruer has discussed this matter with the Department of Conservation.  There is going to be a regional discussion on this issue. 

CITY ADMINISTRATOR’S REPORT

Brass Lamp Traffic Control:  City Administrator Kuntz said this traffic issue was studied by the Police Department and the City Engineer.  The priorities considered were, what can the city do to be most responsive in the shortest period of time; and what would be the most cost effective and have the most impact.  City Administrator Kuntz requested a motion calling for the drafting of a bill for the installation of stop signs in all directions at the intersection of Brass Lamp and Bright Spur Lane.  He said this specific intersection comes the closest to having the most impact on the winding and hill section of street.  He proposed that the stop sign be installed with a one-year sunset, and that the Police Department continue to monitor the effect.  He requested that the residents notify the Police Department immediately if there are additional traffic incidents.  He said that, Alderman Fleming’s suggestion is to install “Stop Sign Ahead” signs on Brass Lamp. 

Alderman Schmer said that this should be tried and if it is not effective, stronger measures can be taken.  Mr. Dorr said that he believes this will be 100% effective. 

Alderman Terbrock asked if the pavement should be scarified in addition to the signs. 

A motion was made by Alderman Leahy and seconded by Alderman Fleming to draft legislation for the installation of a 4-way stop at Bright Spur.  A voice vote was with a unanimous affirmative result and the motion passed.
Energy Grant:  City Administrator Kuntz said a proposal was received from Heartland Alternative Energy to administer the recently received energy grant.  This is a specialized professional service that requires significant amount of federal forms submission and monitoring.  Heartland Alternative Energy has been the low bidder on similar projects for the Cities of Creve Coeur and Manchester.  This proposal is equal to about 15% of the amount of the grant.  The Federal Energy Grant is $130,088.75, and with the local match, the amount is $193,000.  Charles Welegala, with Heartland Alternative Energy, will assist us with some of the in-house labor and the calculation of the credit.  The match on the grant was $63,481.  This in-house labor will count toward the City’s match.  Mr. Welegala will solicit the bids, administer the contract, take care of the reporting, as well as the efficiency rating subsequent to the installation of the new energy improvements that Ballwin will be getting through the stimulus package. 

Mayor Pogue said this is a time materials contract not to exceed $13,000.

Alderman Finley asked for details on the insulation.  Mr. Welegala said the energy grant is multi-spectrum.  The insulation is for the Government Center, Police Station, Banquet Facilities.  The updated air-conditioning, will be for the Government Center and the Banquet Facility, and will include ten new air-conditioners, to meet all energy standards, set up a solar array that will be between 6-8 kilowatts.  Lighting for the Police Station will be changed from T-12 to T-8. 

Alderman Boerner asked if the up to $13,000 is for the preparation of the proposal.  City Administrator Kuntz said that after the bids have been awarded, separate contracts will be awarded subject to the Purchasing procedures.  Mr. Welegala will be the project administrator for the energy grant.  The rest of the grant is for the hardware. 

A motion was made by Alderman Terbrock and seconded by Alderman Schmer to accept the proposal in order to proceed with the energy improvements in place before the end of 2010.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Surplus Car Sales:  City Administrator Kuntz said these are the surplus police vehicles. We solicited formal Requests For Proposal.  This was advertised in the “St. Louis Post-Dispatch” and the “Press Journal”.  Typically a variety of fleet owners such as taxi cab companies would be the people who would be interested.  The recommendation is to accept the bid, which is an aggregate total for 5 vehicles of $24,895. 

A motion was made by Alderman Schmer and seconded by Alderman Terbrock to proceed with the sale of these surplus vehicles.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ATTORNEY’S REPORT

City Attorney Jones said that at the May 10 meeting, the Board authorized him to prepare a petition to vacate the stub street at Mr. Dale Drury’s property on Reinke Road.  He said he prepared the petition and sent it to him with the explanation that he is expected to come back to this Board with signatures of the adjoining property owners consenting to the petition and a maintenance and easement agreement. 

Sewer Lateral Lawsuit:  City Attorney Jones said a schedule will be set for any discussion prior to class certification.  It has been confirmed that there is no insurance coverage for the City of Ballwin for this particular case. 

Schnuck’s Development:  City Attorney Jones said today he submitted proposed findings of fact conclusions of law and a brief to the court.  The other parties did this also.  This matter is now submitted and said a ruling could be expected in 2-4 weeks. 

STAFF REPORTS
None.
ALDERMANIC COMMENTS

Accounting Software Review:  Alderman Fleming said a completion deadline has not yet been set.  Ballwin currently uses a system called USL Financials, which is owned by Public Sector Solutions.  The City has used USL since 1995 when it was purchased for about $29,000 for software, training, and supplies.  There are four user licenses with an annual maintenance cost of about $11,000, and we host the application on our own server.  The USL modules in use are General Ledger, Account Payable, Purchase Order, and Control System.  FRX Report Writer is used with USL.  The ability to create Excel reports is being looked at as well. 

Alderman Fleming said that two competitors to USL are New World and GEMS.  Others will be researched.  New World is used by the cities of Chesterfield, Hazelwood, Webster Groves, and St. Charles.  GEMS is used by the cities of Clayton and St. Peters.  A few years ago, Finance Officer Loehr did research and found the pricing to be at least $300,000.  New World has the following modules available:  Financial Management, Community Development, Utility Management, Payroll and Human Resources. 

Alderman Fleming said that he and other staff members attended a New World webinar on their Community Development Module, which included planning and inspections.  He said that other webinars will be attended for both New World and GEMS.  He will meet with staff and look closely at our USL modules and visit some of the cities that are currently using New World and GEMS.

Concert in the Park:  Alderman Terbrock that the first concert in the park was held on May 19.  He said it was an overwhelming success.  Food was provided by the Lone Wolf Coffee Company.  The next Concert in the Park will be June 2. 

Farmer’s Market:  Alderman Schmer said that he was trying to help small businesses in the discussion on Bill #3624.  Other groups that would be affected by this would be Girl Scouts, Boy Scouts, Charities, VFW Lodges, and Church groups and not able to participate in the Farmer’s Market.

Policy Manual:  City Administrator Kuntz suggested that the start of the Policy Manual review be held at 6:30 p.m. prior to the Board meeting on June 21.  The Board agreed.

Adjourn:  A motion was made by Alderman Schmer and seconded by Alderman Terbrock to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:45 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC