Board of Aldermen Meeting

Meeting Agenda

 MEETING NOTICE

A Budget Work Session for 2011 will be held on September 27 at 5:30 p.m. , preceding the regularly scheduled Board of Aldermen meeting, in the Board Room of the Donald “Red” Loehr Police & Court Center, 300 Park Drive.

All meetings are open to the public and the building is handicapped accessible.

Robert Kuntz, City Administrator

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation.  If you are a person requiring assistance, please call      (636) 227-8580 (V) or (636) 527-9200 (TDD) or 1-800-735-2966 (Relay Missouri) no later than 5:00 P.M. on the third business day preceding the hearing.  Offices are open between 8:00 A.M. and 5:00 P.M. Monday through Friday. 

Meeting Agenda click here

Meeting Minutes

MINUTES
2011 BUDGET WORK SESSION
City of Ballwin       
September 27, 2010

The Budget Work Session for 2011 was called to order at 5:30 p.m. by Mayor Pogue.  In attendance were Aldermen Terbrock, Finley, Schmer, Markland, Fleming, Leahy, Boerner and Mellow.  Also in attendance were City Administrator Kuntz, Assistant City Administrator Aiken, Chief of Police Schicker, Director of Parks and Recreation Bruer, Director of Public Works Kramer, and City Attorney Jones.

Overview
City Administrator Kuntz presented an overview of the capital budget proposal for 2011.  The 2011 Capital Improvement Plan calls for expenditures of $3,505,368, with projected revenues of $3,358,900.  No increase has been projected in any of the capital improvement revenue sources.  The numbers that are higher reflect a Federal grant reimbursement.  The stable traditional revenue sources, which are the capital improvement tax, motor fuel tax, parks sales tax, and the TIF capital improvement, are essentially very close to being the same as what was expected for 2010.  This preliminary budget submission, proposes an application of $146,468 from capital reserves.  The capital reserve expectation at year end of 2010 is $534,299.  With this budget proposal, we would be applying $146,468 of the total, leaving an excess balance of $387,831. 

City Administrator Kuntz said that several capital expenditures came in under budget in 2010, primarily because of very competitive economic conditions.  Due to the low street bids, we supplemented expenditures with the general reserves.  We applied a $500,000 supplement to expand the street list in mid-year.  He said the supplement that was used in mid-year came from general reserves. 

City Administrator Kuntz said initially, the City of Ballwin, had a single combined annual budget.  In the 1990s when the voters of this community approved a supplemental sales tax, which was the ½ cent capital improvement sales tax, with the intention that those proceeds would be used for only capital improvements, such as streets, and new facilities that people could see.  He said the same was true when the Parks sales tax was approved.  This occurred when we were in the process of planning and designing The North Pointe Aquatic Center, and to add that amenity.  The voters were informed that this is the proposal and the voters approved the tax for this purpose.  Even though The North Pointe has been completed, the Parks tax can be used for maintenance on that facility.  It cannot be used on streets. 

City Administrator Kuntz said the other non-discretionary issue for consideration is debt payment.  There is capital debt because the future revenues have been pledged to retire the debt.  Ballwin has an excellent payment record and a very good bond rating.  After two of the debt issues are retired in the next few years, that will open up some discretionary supplemental funding for other purposes.  He said he is proposing a status quo plan, according to Board direction, for 2011.  The major discretionary aspect for consideration is to spend $1 million from the overall general operating reserves on additional street work.  At the end of 2010, the reserve are expected to be in excess of $9 million.  The funds are proposed to be taken from the unrestricted reserves. 

Alderman Boerner said the $9 million consists of all of the fund balances at the end of the year.  He said he believes the surplus must be measured at the low point that exists during the year in terms of the cash balances and investments.  In 2009, that amount was $7, 700,000.  He said that if we had $1,800,000 in the fund balance or surplus at the end of the year, this would be at break even or zero, which occurs in about October.  He said that $1,800,000 is required in order to fund debt and expenditures during the time when revenues are at the lowest.  Part of the $9,500,000 has to be dedicated toward making debt payments in late August or early September. 

City Administrator Kuntz said that on December 31, 2010, we expect to have in investments, unencumbered, not promised, X number of dollars in the $9 million range.  Alderman Boerner said that part of this has to be dedicated to make the note payments.  City Administrator Kuntz said it’s not.  The debt on both capital and operating is offset by this revenue that is anticipated, not by tapping into the reserves.  Alderman Boerner disagreed.  He said that $9.5 million is not truly the amount of unreserved surplus.  The unreserved surplus is actually the $7.7 million.  City Administrator Kuntz said that he is expecting to receive revenues of $3,358,900.  Expenditures, including debt service is $3,500,000.  He said he is suggesting that $1 million be taken from the reserve funds.  Alderman Boerner said that will leave $6.7 million. 

Alderman Leahy said he is in favor of spending $1 million on streets.  City Engineer Kramer said the supplemental amount is $998,757.  Alderman Boerner said the total budget for Public Works is $1.522 million.  Adding $1 million will be approximately $2.5 million. 

City Administrator Kuntz said that with this budget, it is anticipated carrying forward revenues that were not applied in 2010 and not all will be applied in 2011.  He said another method would be to take $300,000 of the $387,831, and $700,000 from the unrestricted reserves.  This would be taken from two sources instead of just from the reserves. 

Administration Department
Assistant City Administrator Aiken presented the Administration Comprehensive Improvement Plan.  He said that the goal was to provide a 2011 capital budget that was essentially the same as 2010.  There were no substantial expenditures in 2010 with the exception of the Administration Department’s share of the TIF municipal revenue funding, which is less than $30,000. 

Assistant City Administrator Aiken said the State has a zero interest loan program for energy conservation measures.  This is an opportunity to upgrade the windows in the Government Center.  Preliminary estimates are approximately $110,000 which includes the traditional vertical windows and the barrel vault across the front.  The windows are currently all single-pane windows they are not insulated and they have aluminum frames.  The plastic barrel vault window is crazed and discolored.  The rubber gaskets are about 30 years old, brittle and cracked.  This assembly would be replaced with a vertical window with a roof.  Receiving a zero interest loan from the State, we have an offsetting revenue in the capital expenditures for 2011, but there would be an $11,000 per year payment for the next ten years to pay it back.  This would be in the Operating budget. 

Assistant City Administrator Aiken said that in the long-range capital plan for the Government Center is replacement of the roof, currently scheduled for 2013.  The roof is leaking badly with regular repairs required during heavy rain.  City Administrator Kuntz said that this would be consistent with our effort toward energy conservation and to promote energy efficiency to the community.  He said we received through the energy grant this year, the first phase which was the insulation of the building, replacement of portions of the HVAC system walls more energy efficient equipment.  The windows replacement is critical to complete the energy efficient project.  If we don’t qualify for the State loan, the expenditure would disappear with the revenue.  If the Board approves the plan, the application will be submitted, and then implemented the last phase in 2011. A grant program will be superior to a loan program. 

Alderman Markland asked how bad does the roof leak.  Assistant City Administrator Aiken said that the building was constructed in 1982, and we bought the building in 1996.  In 1998, we installed a new roof.  Every time there is heavy rain, our crews are patching.  Roofers have examined the roof and cannot determine where all of the leaks are.  The leaking is becoming a nuisance.  The roof was replaced over the Finance Officer’s office and is leaking again.  There are more leaks occurring. 

City Administrator Kuntz said that it is believed that one of the leaks is coming through one of the old air-conditioner units that will be replaced.  Mayor Pogue said that it was previously suggested by Alderman Terbrock to spend the money now to replace the roof before installing the air-conditioners.  City Administrator Kuntz said that this can be reconsidered, but the windows are the expense that is requested in the 2011 budget. 

Alderman Schmer said that since labor costs are down now, it will cost less to replace the roof now than later when labor costs may be higher.  Assistant City Administrator Aiken said that there are different technologies available for a flat roof that would have to be considered.  City Administrator Kuntz said that another option would be to take Mr. Aiken’s estimate for 2012 and to add to the contingency under Administration.  During the course of the year, research and bid solicitation could be done.  If it is favorable, the contingency could be applied.  Alderman Markland said that a warranted roof is important. 

Assistant City Administrator Aiken said that the air-conditioner bids will be opened on October 14.  Alderman Markland said that the roof replacement should be looked into sooner than 2012.  Alderman Terbrock said perhaps the air-conditioner bid could be held off until a decision is made on the roof.  The air-conditioner bid may not be honored after 30 or 90 days.  Assistant City Administrator Aiken said that there are 7 units on the roof and only 2 or 3 are being replaced.  Alderman Terbrock said that he believes the roof and air-conditioners should be replaced all in one project. 

Mayor Pogue said that he doesn’t want to throw away the opportunity to get the money from the grant, but if the expenditure on the grant can be delayed and tied in with the roof, this would be better than doing this two years apart.  He suggested that Assistant City Administrator Aiken check into the options and provide an update at a future meeting.

City Administrator Kuntz said that the Administration budget will either will be as it is or have a contingency.  He asked if the window replacement and programs meet with Board approval.  The Board agreed. 

Parks & Recreation
Director of Parks & Recreation Bruer presented an overview of the Parks & Recreation Comprehensive Improvement Plan.  She said that there are three main program areas in the proposed budget.  The Pointe debt will be paid off in 2012.  The North Pointe debt payment will continue until 2016.  The first project is the Ferris Park acquisition.  Originally, the State gave Ballwin 9 – 10 acres of property and kept the front 4 acres to develop a group home.  The State has abandoned the group home and wanst to sell the 4 acres that face New Ballwin Road.  The appraisal came in at $200,000 for the 4 acres.  She proposed $244,000 to acquire the property for the appraised value, do an updated park plan to include the 4 acres, and budget the money for the demolition of the residence that is on the property.  She said the St. Louis County Municipal Park Grant Commission now gives grants up to $230,000 per year per grant application for communities the size of Ballwin.  This is based on population.  They give points for at least a 5% match, which will be $14,000.  The City’s share of the project would be $14,000, and the grant would be $230,000. 

Ms. Bruer said that another project is the Pointe connector trail.  The trail would run from Madrina Court through the West Glen Woods Subdivision common ground to the trail that now exists the rear of The Pointe.  It would connect people that live along Ries Road to The Point and Old Ballwin Road.  The first phase of planning for the trail is on tonight’s Board meeting agenda.  She said the $220,000 would include phase 2 of the design, which would include development of the construction documents and the actual construction of the trail.  There is a Federal Recreation Trail program grant administered by the Department of Natural Resources in Missouri.  It is an 80/20 grant with the maximum of $100,000.  There is $4,000 in planning available through the St. Louis Municipal Park Grant Commission for planning.  She proposed that the total budget would be $220,000 with $104,000 matching revenue.  Other revenue sources would be pursued. 

Ms. Bruer said that most of the future Parks & Recreation items involve maintaining the infrastructure.  At the golf course, many of the parts for the irrigation system are no longer available.  Since this is a substantial expense, some of the debts would have to be retired before taking on this project. 

Alderman Schmer asked if the 4 acres in front of Ferris Park is listed for sale at this time.  Director of Parks & Recreation Bruer said that the State wants to sell 10 – 12 pieces of surplus property in Missouri.  This is one of them.  The State does not want to donate the property.  The sale is advertised on the State’s website.  Ms. Bruer has inquired to find out if Ballwin could purchase the 4 acres for the appraised value, with only a vague response from the State. 

City Administrator Kuntz said that this 4 acres is critical to be added to Ferris Park.  He said it would be unacceptable for the 4 acres to become a subdivision resulting in isolation of the beautiful park and having to drive through a subdivision to access the park.  Alderman Schmer asked if the park would possibly have to be sold if this happened.  City Administrator Kuntz said that this would not be an option because the park was donated to the City for a park.  This is a top priority for the future of this community. 

Mayor Pogue asked what the plan is if we would not receive the grants for the trails.  City Administrator Kuntz said that we are overdue and we will get some of the grants.  The plan is in place, the subdivision has unofficially endorsed the plan, and there mostly won’t be a lot of opposition.  There are also other sources for grants.  Director of Parks & Recreation Bruer said that the grant will be applied for before requesting bids.  If the grant is not obtained, a re-appropriation could be requested at that time. 

Alderman Fleming asked when the applications are due for the grants.  Director of Parks & Recreation Bruer said that the application is due at the end of October and is awarded at the end of December.  The grant agreement is signed in February or March.  Alderman Schmer said that the grant may not be awarded before the 4-acre purchase is necessary. 

Alderman Mellow asked if sections of the golf course irrigation system can be replaced instead of the whole project at one time.  City Administrator Kuntz said that this approach is not certain at this time due to the funding options. 

Alderman Boerner asked about the coordination of trail development with other communities such as Ellisville.  Director of Parks & Recreation Bruer said that a trail right now is planned to connect with Ellisville through Oakwood Farms Subdivision, to Clamburg Woods.  That would be an on-street trail.  The other connection potential with Ellisville is off of Kiefer Creek Road on Buckhurst.  Clamburg Woods at Buckhurst is a natural connection into Bluebird Park.  A grant has been submitted on behalf of Ellisville through the Missouri Conservation Dept. to put a trail to Buckhurst.  Ellisville is also working on a updated trail plan. 

Police Department
Police Chief Schicker said that the lower level of the Police Department houses the communications systems with a lot of computer based equipment.  A constant air flow is necessary for this room and, it has not been possible to secure the room because the door has to stay open.  There have been computer failures in this room because of temperature.  He said that the proposal is to make modifications to the room to provide climate control and security from unauthorized admission.  Previously, a utility worker made a phone call on the phone in that room and it created havoc in the communications system. 

A carport to cover the 20 police fleet vehicles is proposed. 

Public Works
Director of Public Works / City Engineer Kramer presented an overview of the Public Works Comprehensive Improvement Plan.  He said that lower rated streets are not evenly distributed among the wards.  As with Muir View Drive in 2010, the cost of replacing all deteriorated slabs instead of re-overlaying will be compared after the old overlay is removed, exposing the underlying slabs.  He said that instead of overlaying concrete streets, a policy of replacing severely deteriorated slabs and those with crumbling asphalt patches or cracks in the concrete is recommended.  With this in mind, the 2011 budget does not include any asphalt overlay of streets that have never been overlaid.  It will always be possible to see the condition of the concrete if it has not been overlaid.  Overlaying will only be done on streets that have been overlaid in the past, or that have full-depth asphalt. 

Director of Public Works Kramer said that there are 3 fewer employees than last year due to retirements and resignation.  These vacancies were not filled in 2010, nor are they budgeted to be filled in 2011.  This hampers the department’s ability to prepare streets for microsurfacing in a timely manner. 

Director of Public Works Kramer said that the 2011 budget includes completion of the engineering design and acquisition of rights-of-way for sidewalks on Kehrs Mill Road.  Construction is scheduled for 2012.  In 2011, faded street signs will be located throughout the city and replaced. 

City Administrator Kuntz said that the final budget for 2010 is within $450 of the proposed budget for 2011.  If the supplement is approved, which would be the outside application, this is the only significant change.  All of the Department Heads have attempted to follow Board direction in terms of a status quo for 2011.  The Board directed that funds that are available for streets should be used as equitably as possible across the four wards, based on the formula that was approved and endorsed by this Board, and the supplemental list follows the same guidelines.  The plan is to double the funding commitment from what was originally appropriated for 2010.  This brings us in line with what the consultant said we needed to spend to stay even.  This brings the streets into the $2 million range.  

Alderman Boerner asked which ward has the lower rated streets.  Mr. Kramer said that Ward 3 has the most low rated streets.  City Administrator Kuntz explained that a lot of Ward 3 and 4 streets came into the City from the County.  Prior to Ballwin taking the streets, the County covered up deficiencies that could not be seen under the asphalt. 

City Administrator Kuntz suggested that the Public Works Committee evaluate the point assessment formula for streets outside of this budget cycle.  This is a very equitable formula for the 2011 budget. 

Alderman Fleming said that previously, the funds for street repairs were divided 25% per ward.  The Board later agreed to redo the percentage by the percentage of street miles in each ward.  He believes that the same formula is acceptable for the information in appendix A, but should be changed for the list in appendix B of the Public Works overview.  He said that the streets that should have a priority for repairs are the ones that have a combination of a bad rating and are heavily traveled regardless of the ward designation. 

Mayor Pogue said that the western half of Ballwin Commons drive does not have a sidewalk.  He is constantly seeing residents walk on the street in this area because there’s no sidewalk.  He suggested that sidewalk funding or a grant could be used to get right-of-way access and continue the sidewalk.  Director of Public Works Kramer said that an easement would have to be obtained from the property owner at the corner.  City Administrator Kuntz said that this should be pursued in 2011 to complete the access to The Pointe. 

Alderman Fleming said that another area where a sidewalk should be installed is at 758 Henry.  CVS is complete, the other development is being constructed behind this location, and the subdivision will also be constructed.  This will be the only area that doesn’t have a sidewalk in this area.  The resident has been asked three times about the sidewalk and has been uncooperative. 

Alderman Schmer asked if the $1 million that is proposed to be taken out of reserves for streets will be used to sub-contract out the work, and not to be done by Ballwin personnel.  Director of Public Works Kramer said this is correct.

Proposed Future Meetings

October 25   Operating Budget Overview
   Spending Plan
   a)  Administration
   b)  Public Works

November 8  Spending Plan
   a)  Parks
   b)  Police

November 22  Wrap Up Session
   (if necessary)

December 13  Legislative action on the 2011 Operating and Capital Budgets

Adjourn:  A motion was made by Alderman Fleming and seconded by Alderman Terbrock to close the budget work shop session.  The meeting adjourned at 7:00 p.m.

Tim Pogue, Mayor

ATTEST:
Robert Kuntz, City Administrator 

MC

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MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
September 27, 2010

The meeting was called to order by Mayor Pogue at 7:09 p.m.

             PRESENT                                                        ABSENT
MAYOR TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN MICHAEL FINLEY 
ALDERMAN FRANK SCHMER 
ALDERMAN RON MARKLAND 
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 September 13, 2010 Budget Work Session were submitted for approval.  A motion was made by Alderman Schmer and seconded by Alderman Leahy to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the September 13, 2010 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Schmer and seconded by Alderman Terbrock to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES

BILL # 3642 - AN ORDINANCE AMENDING RESTRICTIONS ON WEEDS AND VEGETATION.

A motion was made by Alderman Terbrock and seconded by Alderman Finley for a second reading of amended Bill No. 3642.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3642 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3642 with the following results: 
Ayes – Terbrock, Fleming, Leahy, Mellow, Markland, Boerner, Finley, Schmer.  Nays – None.  Bill No. 3642 was approved and became Ordinance No. 10-32.

CITIZEN COMMENTS

Bret Hilbert, 151 Ries Road:  Mr. Hilbert asked to be allowed to build 4 parking spaces in the City right-of-way in front of the building that he owns at 151 Ries Road.  He said there’s approximately 40 feet of grassy right-of-way in front of the building.  He said he maintains this part of the right-of-way.  To get an occupancy permit for his business on this commercial property, he will be required to create at least 4 parking spaces with a pedestrian access.  He said that the parking spaces will not block the driveway that provides access for the other property owners. 

City Attorney Jones said that the city could lease the right-of-way to Mr. Hilbert, allow him to improve it, and the lease agreement would contain indemnity language and requirements for insurance.  It would also provide that in the event that the City of Ballwin needed the right-of-way in the future, the improvements that were made could be lost. 

A motion was made by Alderman Schmer and seconded by Alderman Leahy to draft legislation to approve a lease agreement.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PUBLIC HEARINGS
None.
NEW BUSINESS
LEGISLATION

BILL # 3644 - AN ORDINANCE ESTABLISHING A 90-DAY MORATORIUM ON THE ADMINISTRATIVE OR LEGISLATIVE APPROVAL OF ANY NEW SIGNS WITH MESSAGES THAT CHANGE, SCROLL OR FLASH ELECTRONICALLY.

A motion was made by Alderman Fleming and seconded by Alderman Schmer for a first reading of Bill No. 3644.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3644 was read for the first time.

Alderman Fleming asked if this moratorium would prohibit an existing sign from being replaced with an electronic sign.  City Attorney Jones said that any replacement of an existing sign that changed, scrolled, or flashed would be subject to the moratorium. 

A motion was made by Alderman Terbrock and seconded by Alderman Boerner for a second reading of Bill No. 3644.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3644 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3644 with the following results: 
Ayes – Finley, Boerner, Markland, Leahy, Mellow, Fleming, Terbrock, Schmer.  Nays – None.  Bill No. 3644 was approved and became Ordinance No. 10-33.

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. Trail Planning

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

MAYOR’S REPORT

Board of Adjustment:  Mayor Pogue said that one of the regular commissioners on the Board of Adjustment has resigned.  He said that he would like to appoint to the vacancy the person in the senior alternate position and then fill the vacant alternate slot.  The Board agreed.

CITY ADMINISTRATOR’S REPORT

In-Car Computers:  City Administrator Kuntz said there were two bids received.  The recommended bid is slightly above the other.  The “Data 911 M6” is recommended due to the unit’s ergonomic ability that allows the officer to physically move the keyboard to a comfortable position for use.  This purchase would not exceed the budgeted amount.  The recommendation is to purchase 4 “Data 911 M6” models.  He said that we will be taking the surplus with to trade value and be using the Gov Deals auction site to attempt to get the best re-sale value. 

Alderman Markland said that a request for proposal was written, both suppliers complied with the request.  There is approximately a 10% difference between the “Data 911 M6” and the “Panasonic CF-31”.  He said that this same issue was presented last year and purchased from Data 911.  A premium price was paid at that time.  It doesn’t appear that they are concerned about being the high bidder.  Last year they were the second high bidder, and now the proposal is to reward them again.  He said that if they are both in compliance, the purchase should be made from the lowest bid.  Next year, Panasonic may not bid at all if they know they don’t have a chance of being awarded the purchase. 

Alderman Fleming said that he agrees with the staff recommendation because there is the capability of being able to move the keyboard.  In the smaller cars, there is a more confined space for the officer.  The feature of moving the keyboard is important since smaller cars are being used. 

Police Chief Schicker said that the officers are now entering their own police reports directly into the CARE system while remaining in the police vehicle.  This allows for more officers to be on the road.  Previously, approximately $23,000 per year was budgeted for reports to be called into the CARE system.  The CARE budget will be zero in the next fiscal year.  There are advantages to using an ergonomically type of laptop which will allow the reports to be written in the car.  Police Chief Schicker said that with the Data 911, if there is a problem with the keyboard, the keyboard can be pulled out and taken for repair.  With the Panasonic, the whole laptop would have to be removed.  There are important features on the Data 911, which is the reason for the higher price. 
Alderman Schmer said that some purchasing decisions should be made by the users. 

A motion was made by Alderman Schmer and seconded by Alderman Mellow to accept the bid from Data 911 M6.  A voice vote was taken with the following result:  Aye:  Mellow, Boerner, Leahy, Fleming, Schmer, Finley, Terbrock.  Nay:  Markland.  The motion passed by a vote of 7-1. 

Ballwin’s 60th Anniversary of Incorporation:  City Administrator Kuntz said that in commemoration of this milestone, ball caps are available for $15 each, and can be purchased at the Government Center, The Pointe, and the Golf Course.  The proceeds will go to the Historical Commission for the School House. 

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT

Legal Update:  City Attorney Jones said that Louis Greenburg, through his attorney, filed a petition for a writ of habeas corpus to challenge his imprisonment since the mandate came down from the Court of Appeals.  He originally named only the St. Louis County detention officer.  He has amended his petition to add the judge.  The response must be represented by the prosecuting attorney for the City of Ballwin.  Ballwin’s prosecutor has filed a response to the petition for writ of habeas corpus and is under submission at this time. 

Sewer Lateral Case, Adams vs. Vergonza:  A settlement conference has been requested in the Missouri Eastern District Court of Appeals.  He believes that the appeal is subject to dismissal because it is not a final order.  Ballwin was dismissed.  He filed a motion to dismiss, which hopefully will short circuit what could become a lengthy settlement conference on October 6.  He said he will report back after the conference takes place.

Lawsuit:  City Attorney Jones said that a new lawsuit was filed against Ballwin involving a suicide death.  The individuals’ family filed the suit against Ballwin and some of the police officers for failure to respond in a timely fashion and some civil rights remedies.  The City’s insurer, Bierman Condray, has hired Peter Dunn to defend the City.  The responsive plea will be filed by Mr. Dunn.

Candidate Filing / Delinquent Taxes:  City Attorney Jones said that Ms. Suozzi was probably in violation on the date of the election, but no complaint was filed with the Department of Revenue and no action was filed in the Circuit Court jurisdiction.  The City of Ballwin is not an election authority under Missouri law because the St. Louis County Board of Election Commissioners has that designation.  He said that the City of Ballwin did not have any responsibility through its staff to certify that particular candidate and if the taxes were paid in order to allow the candidate to be on the ballot.  He said he was unable to find any statutory or ordinance restriction on Ms. Suozzi serving on the Board of Adjustment. 

ALDERMANIC COMMENTS

Concert In The Park:  Alderman Terbrock said the final concern has been rescheduled for October 27, at 6:00 p.m. in New Ballwin Park.  The band will be Hillbilly Authority.  There will be a Halloween costume contest for the children. 

Ballwin 63011:  Alderman Markland said that whenever there is an incident in the 63011 zip code or an alleged criminal lives in the 63011 zip code, the “St. Louis Post-Dispatch” designates Ballwin as the location.  He said that the incident or person may have a 63011 Ballwin mailing address, but this is not necessarily Ballwin.  He said he called “The Post-Dispatch” regarding a recent incident to inform them that the person involved in heroin usage did not live in the city limits of Ballwin.  The individual lived east of Hwy. 141 on the other side of Manchester.  The 63011 and 63021 zip code means that the mail goes through the Ballwin branch of the Federal Post Office which consists of more than the actual City of Ballwin.  This is not the same as the Ballwin city limits.  The “Post-Dispatch” made the change on their website, however, the initial report that the public read stated Ballwin.  Alderman Markland asked if someone could be looking for this in the news media and notify them of the error for correction.  City Attorney Jones said that this is a public relations issue. 

Adjourn:  A motion was made by Alderman Schmer and seconded by Alderman Boerner to adjourn.  The motion passed unanimously and the meeting was adjourned at 7:42 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR 

MC