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
October 11, 2010

The meeting was called to order by Mayor Pogue at 7:02 p.m.

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

The Colors were presented and the Pledge of Allegiance was led by Boy Scout Pack 357.

MINUTES

The Minutes of the September 27, 2010 Budget Work Session were submitted for approval.  A motion was made by Alderman Fleming and seconded by Alderman Schmer to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the September 27, 2010 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Schmer and seconded by Alderman Fleming to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS
Senator Jane Cunningham thanked the Board for their service to the community and gave assurance that she is available if her assistance is needed. 

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3645 - AN ORDINANCE AUTHORIZING THE CITY OF BALLWIN TO ENTER        INTO AND EXECUTE A LEASE WITH HILBERT NATION REALTY INC. FOR EXCESS RIGHT-OF-WAY AT 151 RIES ROAD, AND AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF BALLWIN TO ENTER INTO THE LEASE ON BEHALF OF SAID CITY OF BALLWIN.

A motion was made by Alderman Boerner and seconded by Alderman Terbrock for a first reading of Bill No. 3645.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3645 was read for the first time.

Alderman Markland asked who owns the property and who should be on the lease?  He said that his research showed that the property is for sale.  He also asked if the property is residential or commercial. 

Assistant City Administrator Aiken said that the tax assessor’s records indicate that Mr. Hilbert is the property owner.  The property has been zoned commercial since 1987.  The Comprehensive Plan recommends a residential land use, but the zoning is C-1 commercial.  The property has been used residentially for many years.  A real estate office use, which is Mr. Hilbert’s business, is an allowed use by this zoning classification.  Normally, this request would be presented to the Planning & Zoning Commission for consideration for a special use exception.  The parking spaces that Mr. Hilbert is requesting are not actually in the front yard.  They are in the public right-of-way, therefore, the ordinance does not require a special use exception and presentation to the Planning & Zoning Commission.  In this case, the Board of Aldermen can allow this use on city property.  The property at 151 Ries Road has had a city inspection and certified for occupancy as a commercial use. 

Mr. Bret Hilbert said that the property is not for sale.  This is a real estate sales office in the name of Hilbert Nation Realty.  The lessee for the parking spaces on this property should be Hilbert Nation Realty, Inc. 

The following changes / amendments were recommended in the lease:  Item 2, Terms:  Change November, 2020 to October, 2020; Page 3, Item 13, last sentence, Less should be Lessee; Page 4, Item 16 (2), the second “shall” should be “such”; Page 5, Item 20, change Commonwealth of Pennsylvania to State of Missouri. 

Alderman Terbrock asked about drainage since this area is currently not paved.  Assistant City Administrator Aiken said that a 10,000 square foot disturbed area requires a grading permit.  This section of right-of-way is below this amount and will not trigger an MSD review or a grading permit.  This request will not go through Planning & Zoning because there will not be “front yard parking” since it is in the right of way.  It is zoned C-1 commercial and does not require a special use exception because it is between the property line and the street, not between the right of way and the front line of the property. 

Alderman Boerner asked if the type of asphalt should be described.  Assistant City Administrator Aiken said that 4 inches of asphalt with a rock base is required by the zoning ordinance. 

City Attorney Jones said that Paragraph 11 could be amended to state that the Lessee agrees to comply with all of the local, state, and federal laws.

Alderman Boerner asked about removal of the asphalt if Mr. Hilbert was no longer using the property.  City Administrator Kuntz said that in that case, the petitioner should restore the property to the condition it was before installing the asphalt.  The installation of pervious pavement was discussed.  City Engineer Kramer said that with the pervious pavement, the rock area is thicker because the rock serves as a storage until the ground can absorb the water.  The overall structure would be thicker than a standard parking lot.  It was agreed that this would not be necessary due to the size of the proposed parking area. 

A motion was made by Alderman Boerner and seconded by Alderman Schmer to accept the amendments as proposed to the Lease.  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 Schmer to set the lease rate at $25 per month / the annual rental rate of $300 per year, payable to the Lessor at City of Ballwin at 14811 Manchester Road.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Markland and seconded by Alderman Leahy for a second reading of Bill No. 3645.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3645 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3645 with the following results: 
Ayes – Markland, Finley, Fleming, Schmer, Boerner, Terbrock, Leahy.  Nays – None.  Bill No. 3645 was approved and became Ordinance No. 10-34.

A RESOLUTION FOR GRANT APPLICATION FOR FERRIS PARK IMPROVEMENTS.

Alderman Finley asked about the difference between Municipal Parks Program and Municipal Parks Grant Commission.  Director of Parks & Recreation Bruer said there is a Commission that oversees the program. 

A motion was made by Alderman Finley and seconded by Alderman Fleming to change the word Program to Commission. 

Mayor Pogue said that at the front of Ferris Park, there is property that is owned by the State of Missouri.  The State is considering putting it up for sale.  The City of Ballwin has decided to look into pursuing to purchase this property.  The Grant will offset some of the cost for this purchase.  This Resolution will authorize staff to proceed with the Grant process. 

A motion was made by Alderman Fleming and seconded by Alderman Terbrock to adopt the Resolution.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A RESOLUTION OF SUPPORT BY THE BOARD OF ALDERMEN OF THE CITY OF BALLWIN TO APPLY FOR “OLDE TOWNE SIDEWALK PROJECT”, UNDER THE TRANSPORTATION ENHANCEMENT PROGRAM OF THE MISSOURI DEPARTMENT OF TRANSPORTATION.

Alderman Fleming said that this is a Federal Grant.  $650,000 for a sidewalk that stretches over three properties, may not be an expenditure that should be made at this time, even though Ballwin’s share would be approximately $200,000. 

City Administrator Kuntz said that the reason the cost is so high for the section in front of the Government Center is because of wall construction and other considerations to mitigate the topographical situation.  This type of enhancement program is not typical.  This grant is for pedestrian related projects.  This is the last remaining section for sidewalk installation along Manchester Road in the City of Ballwin.  If we don’t receive the grant, the sidewalk would not be installed.  The deadline is October 29.  The signals at Ries Road and Ball Park Drive are pedestrian activated. 

City Engineer Kramer said that he has seen people walking in the gutter going west from Seven Trails Drive toward Ball Park Drive. 

Alderman Markland said that $200,000 is a substantial sum of money even though it is backed up by a Grant.  This amount could be better used elsewhere in Ballwin.  There aren’t accidents occurring in this area that would warrant this expense. 

Alderman Fleming asked that if Seven Trails Drive was ever widened, would this have an impact on a sidewalk on that side of the street.  Assistant City Administrator Aiken said that a sidewalk is already on the west side of Seven Trails Drive and a Manchester Road sidewalk in front of the Government Center would have to be designed to tie together. 

A motion was made by Alderman Boerner and seconded by Alderman Fleming to adopt the Resolution.  A voice vote was taken with the following result:  Aye:  Boerner, Fleming.  Nay:  Terbrock, Leahy, Finley, Schmer, Markland.  The Resolution failed by a vote of 5-2. 

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. None.

MAYOR’S REPORT

Board of Adjustment Appointment:  Mayor Pogue recommended the appointment of Dave Porta, who is currently the senior alternate on this commission.

A motion was made by Alderman Fleming and seconded by Alderman Schmer to appoint Dave Porta as a regular member of the Board of Adjustment.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Mayor Pogue said that there is now an opening for an alternate position on the Board of Adjustment. 

CITY ADMINISTRATOR’S REPORT

Ballwin Days:  City Administrator Kuntz said that future proposals have been made for the Ballwin Days Festival by the event co-chairmen.  Co-Chairman Pat McDermott said that he and Tim Vincent won’t be chairmen forever and are presenting options for the future.  City Administrator Kuntz said that suggestions and questions can be forwarded to Mr. McDermott.

U-Haul:  City Administrator Kuntz said the Board has received a request for a 6-month extension of the deadline for construction of the approved parking lot.  The current deadline is November.  Mr. Steve Langford, President of U-Haul Company of St. Louis, said that this would be sufficient time to complete the project.  He said that in the past, he proposed to extend the parking lot with a conventional asphalt surface on the 8,000 square feet.  He was told that this would not happen.  After he agreed to the pervious surface, there was additional engineering that had to be done.  He had to secure additional funding which would be in excess of six figures.  He said that this amount was not in his budget.  He said he has not been idle during this time.  It has been a lot of work to accomplish this project. 

Alderman Boerner asked how much has been spent on the project.  Mr. Langford said over $10,000. 

Alderman Fleming said that if there is a possibility that this area could be redeveloped, the City is not obligated to grant the extension.  Alderman Schmer said that nothing has changed along Manchester Road. 

City Administrator Kuntz said that in the event that there is consideration for a back street, it would probably need to go through part of the parking lot.  Alderman Schmer said that an existing business cannot be handicapped by one that is only a possibility.  He said that U-Haul has been a viable business in Ballwin.  Mr. Langford has asked for a time extension and has not asked to change anything. 

Alderman Finley said that this is a viable, long-standing business in Ballwin.  The owner has not let the deadline go past and then ask for an extension.  He has come in advance of the deadline.  He said that he is in favor of granting the extension.

A motion was made by Alderman Boerner and seconded by Alderman Finley to approve the U-Haul extension for 6 months.  A voice vote was taken with the following result:  Aye:  Terbrock, Finley, Markland, Schmer, Leahy, Boerner.   Nay:  Fleming.  The motion was approved by a vote of 6-1.

Budget Work Shop:  City Administrator Kuntz said a Budget Work Shop is proposed for October 25 at 5:30 p.m.  The operating plans for Administration and Public Works will be discussed.  The Board agreed. 

Alderman Markland said that a decision should be made for the budget cycle to determine if the health insurance increase should be included or not. 

Alderman Markland said that the City of Chesterfield laid off 8.65% of their employees.  He said that Chesterfield has a better tax base than Ballwin.  The way the Ballwin budget is prepared may be in error.  He said that since there are two years where no cost of living increase has been given to Social Security recipients, perhaps it is not smart for Ballwin to incorporate an increase in the budget. 

City Administrator Kuntz said that the difference is that for the past five years, Ballwin has been in a reduction mode.  The current staffing level is 8 – 10 positions less than it was 5 years ago.  Chesterfield has experienced a long growth mode.  There has been a different philosophy in Ballwin and quicker realization of an economic downturn by the elected and appointed officials.  Ballwin’s staff is now 142.  Previously the Ballwin staff was 156.  When Ballwin received a revenue enhancement, it went into the reserve fund balance.  He said the Board has requested a status quo budget for 2011.  The budget proposal will reflect that philosophy as closely as possible. 

Alderman Boerner said that the budget for gasoline should be at $2.75 per gallon.  City Administrator Kuntz said that the budget will be tighter to not leave unexplained differences between budget and year-end balance.  He said that he is trying to do this.  Alderman Boerner said that he forgot that the city does not have to pay the pump price. 

Policy Manual – Section 3:  Page 3-1: Government Center:  Amended to include “during normal business hours” for use of the meeting room.  Recreational Facilities – Use Of:  Item 1 is deleted since employees that are non-residents will pay the non-resident rate for use of the Golf Clubhouse.  Page 3-2:  3rd paragraph – delete complimentary golf for prosecuting attorney.  Honorary Passes:  delete last sentence on page 3-2. 

A motion was made by Alderman Terbrock and seconded by Alderman Fleming to accept the amendments to Section 3 of the Policy Manual.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Policy Manual - Section 5:  Page 5-1: Alderman Boerner suggested the following:  “The preparation and coordination of the Board meeting agenda shall be the responsibility of the City Administrator.  He/She may include any staff generated topic at his/her discretion consistent with the State statutes, City ordinances, and policy manual.  The City Administrator shall include any other topic that the Mayor, President of the Board, or any three aldermen may request provided that the request is received 6 days in advance of such meeting, is also consistent with State statutes, City ordinances, and the policy manual.”  “The policy is not intended to preclude any alderman from making comments under the Aldermanic Comments of the agenda, however, the Mayor, in his/her capacity as presiding officer over the Board meeting, may determine if the comments of any Aldermen are appropriate, timely, or should be postponed until the next meeting as an agenda item.” 

Alderman Boerner suggested that this be included in the policy manual or in an ordinance.  He said that if the President of the Board or any 3 aldermen would like to include something on the agenda, it should be added to the agenda. 

City Attorney Jones said that this can mostly likely be included in a new ordinance for consideration at the next Board meeting. 

Policy Manual – Public Hearing, Page 5-1:  City Attorney Jones said that Public Hearings on Planning & Zoning matters were traditionally held during the Board of Aldermen meetings.  During his term as Mayor, he proposed that the Public Hearings be held at the Planning & Zoning Commission meetings.  State law and the Ballwin ordinances require a Public Hearing, but do not designate at what level.  The Board agreed to leave the Public Hearing paragraph in the Policy Manual.

STAFF REPORTS

Government Center Options:  Assistant City Administrator Aiken said the proposal was to replace 3 of the 5 HVAC units that are located on the roof of the Government Center as part of the Grant that was received this year.  The bids will be opened on Thursday, Oct. 14.  It is projected in about 2 years to put a new roof on the Government Center.  Two roofing companies were contacted to determine if the roof should be replaced first or the HVAC units replaced now and the roof later.  Both companies recommended replacing the HVAC units first so that everything is sealed tight before the roof is replaced.  The Grant expires at the end of 2010. 

Supplemental Street Allocation:  City Engineer Kramer said that for the past few years, we have defined capital street projects as those where the pavement is structurally stronger than the original pavement and the life of the street has been extended.  This has included reconstruction, mill/repave, and asphalt overlay of streets that have never been overlaid.

City Engineer Kramer said that in 2001, the first street assessment was conducted and fund allocation recommendations were suggested.  The recommendation was to select streets to provide a blended distribution of funds among the various wards and conditions of streets.  In lieu of equal funding among wards, the funding distribution has been based on the percentage of miles of streets in each ward, excluding major streets that lie within more than one ward.  Funds distributed among the four wards may need to be reconsidered in the near future.  Lower rated streets are not evenly distributed among the wards.  Most of the lower rated streets can be found in one or two of the wards.

Alderman Fleming asked if a list of streets for repair with the $1 million needs to be included with the budget.  City Engineer Kramer said that a list of street names is not required.  City Attorney Jones said that things that are considered capital improvements need to be itemized.  City Engineer Kramer said that the list will be necessary when the bid requests are sent out.  The purpose is to keep an equitable distribution of funds.  Alderman Fleming said that it may not ever be possible in the future to find another $1 million supplement for streets.  Perhaps this supports changing the funding formula to get the most effective return for the investment.

Alderman Markland said that he has heard that there are work orders left over from 2007.  One of the comments he saw was that this could be handled with in-house personnel.  He asked how this will affect the numbers.  City Engineer Kramer said that it will increase the contractual amount and decrease the slab replacement in-house amount.  City Administrator Kuntz said that this is an internal re-distribution of resources.  The list from 2007 will be included in Mr. Kramer’s presentation at the Work Shop on October 25. 

City Administrator Kuntz said that we are going to get back to more of a maintenance intensity and more reliance on contractual, where the economics make those two equal or superior.  The primary function is not for Public Works to be a competition or an alternative to the private sector.  If the private sector can do the work better, we want the concentration of efforts there. 

Alderman Markland said he was shocked to hear that there is a 3-year backlog of open items.  City Administrator Kuntz said that it will take a plan to solve this, but it will be done. 

Alderman Fleming said that he is in favor of working on some of the big streets that have not had repairs.  Alderman Boerner said he believes that the Board should know where the funds are going to be allocated.  Mayor Pogue said that it has to be decided if the current philosophy should continue to be used or should it be changed. 
City Administrator Kuntz said that if the Board is in agreement with the supplemental expenditure from revenues, and have the list based on the current formula, a list based on the alternative formula can be developed and the Board can determine which approach is best.  This would be condition related and totally irrespective of where the boundary lines. 

Sidewalk Extension:  City Engineer Kramer said that with the completion of the sidewalk along the west side of Henry Avenue as part of the Ballwin Grove development, the only missing section will be in front of 758 Henry Avenue.  Considering the compensation required by the property owner, he asked for further direction.

City Attorney Jones said that the general question is what is the easement.  He said the easement is the shared use of the property to benefit another.  In this case, the easement would be granted to the City of Ballwin, and Ballwin would have the benefit of a portion of the property along Henry Avenue for the use and construction of a sidewalk.  He said the condemnation process involves getting an appraisal and sharing it with the property owner.  There is a period of time in which negotiations have to take place.  The property owner has suggested a one-time cash payment of $5,000 plus paving the double driveway, or at least of the apron area.  City Engineer Kramer said that the property owner wants to widen the driveway to park cars side by side plus $5,000.  City Attorney Jones said that there is not a problem of spending public funds for private purpose if what we are doing is compensating the property owner in exchange for an easement on his property. 

Alderman Fleming said that he observed a lady walking on the street at this location to avoid walking on the property owner’s grass.  There is a one-car garage and the property owner is requesting a two-car driveway.  He said that people should be able to walk on the sidewalk and not have to walk on Henry Ave.  He said there are three options:  1) Blacktop from the road up to the edge of where it is legally allowed; 2) Pay the property owner the amount he requested; 3) Use eminent domain.  He recommended blacktopping up to the legal limit. 

Alderman Terbrock said that he is not in favor of paying the property owner for this easement under these circumstances.  City Attorney Jones said that this is for a public purpose. 

Alderman Boerner said that before any action is taken, the property value should be determined.  He is not in favor of using condemnation.  City Attorney Jones said that in condemnation, the suit would have to be filed and tried before a jury.  More than $5,000 would be spent on this.  Alderman Boerner said that in addition to $5,000, the property owner wants the driveway paved.  The reasonable value of the property should be known. 

Alderman Boerner asked if the property owner has been made an offer.  City Administrator Kuntz said yes, many times.  Alderman Boerner asked if he has been told that this is the last offer, otherwise we will do such and such.  City Administrator Kuntz said that this is being presented to the Board because staff does not have the authority to say that.  Alderman Schmer said that black topping would send a clear message that it’s done. 
Alderman Fleming asked if people generally grant the easement for sidewalks.  City Administrator Kuntz said that in Ballwin, if the easement is not granted, the sidewalk is not built.  City Attorney Jones said that typically, there is enough right-of-way and an easement is not needed.  In this case, some additional property is needed for the sidewalk. 

A motion was made by Alderman Terbrock and seconded by Alderman Schmer to blacktop within the right-of-way at 758 Henry Avenue with no further correspondence with the homeowner.  A voice vote was taken with the following result:  Aye:  Terbrock, Finley, Schmer, Markland, Fleming, Leahy.  Nay:  Boerner.  The motion was approved by a vote of 6-1. 

CITY ATTORNEY’S REPORT
Sewer Lateral Case, Adams vs. Vergonza:  City Attorney Jones said that on October 6, he attended a settlement conference and pre-briefing conference in the Missouri Court of Appeals.  He had filed a motion to dismiss the appeal because the judgment was not final.  The motion was parroted by a number of other cities.  He said when they appeared in court, the plaintiff’s attorneys agreed to dismiss the remaining portion of the lawsuit that was pending in St. Louis County to make the judgment final.  They are going to do that and it will then proceed with the briefing and argument in the Court of Appeals.  He said, with the Board’s permission, he would like to talk to some of the other lawyers involved in the litigation and see if a joint briefing plan can be created so that each lawyer does not write a brief.  He said he would like to file a joint brief in this case.

ALDERMANIC COMMENTS
Ballwin’s Summer Camp Program:  Alderman Terbrock said that he received a copy of the Missouri Parks & Recreation Association magazine.  There was an article about Ballwin’s successful summer camp program.  There was 100% jump in participation in the summer camp over last year.  Director of Parks & Recreation Bruer said that Recreation Specialist Colleen Ahearn has done a good job in improving the program.  She is also in charge of the older adults program and is also doing a good job on this program. 

Police Training:  Alderman Terbrock said that he attended the Ballwin Police Department’s active shooter training at Ballwin Baptist Church.  He said that it is unbelievable to be in that situation.  You know it’s training and a drill, but the emotional involvement is very intense.  He recommended that any Board members who are interested should attend because the experience is unforgettable and their training is amazing. 

Finance Software:  Alderman Fleming said that he is continuing to evaluate computer software.  Upgrades will be coming from the current vendor.  This is not in the 2011 budget for consideration. 

Adjourn:  A motion was made by Alderman Fleming and seconded by Alderman Terbrock to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:29 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC