Board of Aldermen Meeting

Meeting Agenda

The Ballwin Board of Aldermen voted to approve a summer meeting schedule at their May 10 meeting.  The Board will meet on the third Monday of June and July and the fourth Monday of August.

Meeting Agenda click here

 

 

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
June 21, 2010

The meeting was called to order by Mayor Pogue at 7:00 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 Pledge of Allegiance was given.

MINUTES

The Minutes of the May 24, 2010 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Fleming and seconded by Alderman Leahy to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

POLICY MANUAL REVIEW
City Administrator Kuntz explained that the Board Policy Manual was originally created at the request of then Alderman Edward Montgomery with the concurrence of the Board, to deal with issues that are general in nature and to maintain consistency, and also go give a framework as to how issues are handled that do not require legislative consideration.  Over time, policies have been added to the manual.  Whenever there is a change in the manual, it requires the concurrence of a super majority of the Board.  Staff conducted a comprehensive review and is presenting recommendations for consideration by the Board. 

Policy:  Ballwin Days Committee Appreciation Dinner, Page 1-1. 
A motion was made by Alderman Fleming and seconded by Alderman Finley to draft legislation to remove the Ballwin Days Committee Appreciation Dinner from the Board Policy Manual in Ordinance #2537.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Policy:  Dinners / Retirement Parties, Page 1-2.
A motion was made by Alderman Fleming and seconded by Alderman Finley to update as recommended by Staff.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Policy:  Other Functions, Conferences & Events, Page 1-2.
City Administrator Kuntz said that this section specifies who should be attending the Missouri Municipal League Fall Conference, the Missouri Municipal League Spring Conference, National League of Cities Conference, and the St. Louis County Municipal League Dinner.  The Board chose to hold this section for further consideration and the possibility of combining Section 7-1 into one policy. 

Policy:  Alcoholic Beverages, Page 1-2. 
A motion was made by Alderman Fleming, and seconded by Alderman Schmer to draft legislation to amend Bill 2537, to add the word “employee” to the first sentence.  A voice vote was taken with a unanimous affirmative result, and the motion passed.

Policy:  Draining & Creek Cleaning, Page 2-1. 
The Board was in agreement to hold this section for further input from City Attorney Jones. 

PRESENTATION
Mayor Pogue presented an Eagle Scout Presentation Award to Tommy Keenan, as a distinguished member of Boy Scout Troop 310.

PENDING ISSUES

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.

Bill 3624 was given a first reading at the May 24, 2010 Board of Aldermen meeting. 

Alderman Schmer said that a decision should be made whether or not to stick to the true nature of a Farmer’s Market and only allow produce to be sold.  This will limit other types of business from being involved. 

Alderman Fleming said that he doesn’t think the Farmer’s Market should have limits on the types of businesses that could participate.  He asked if there are any additional requests for a Farmer’s Market.  Alderman Schmer said that the only request was from the Barn At Lucerne and they have decided not to go forward with the proposal.  Alderman Fleming said that if there are no other requests at this time, perhaps this issue should be deferred indefinitely. 

Alderman Schmer said that the request from the Barn At Lucerne was discontinued because they didn’t realize that there would be Health Department inspections, Certificates of Liability Insurance, etc. that are involved.  He said that some of the Farmer’s Markets in other municipalities also allow sales of jewelry, vitamins, flowers, etc.  He said that it should either be restricted to just farmer’s produce, or include local business with parameters. 

Mayor Pogue said that the concern in the Planning & Zoning Commission meeting was the possibility of the sale of other merchandise.  He said that this should be considered.

Alderman Schmer said that a business is able to file for only 3 Special Event Permits per year.  By granting the Farmer’s Market participation for 6 months, that is restricting local businesses to 3 events per year, but if a farmer from outside of Ballwin wants to set up in the Farmer’s Market, he can do this for 6 months.  A local Ballwin business can only do this on 3 occasions. 

Alderman Schmer said that he is not opposed to a Farmer’s Market in Ballwin.  He said that the Board should be comfortable with the parameters that will be enforced, such as agricultural products only. 

Alderman Leahy said that the Wonder Bread Store has a Farmer’s Market in the parking lot.  Mayor Pogue said that they must have $1 million in liability insurance and prohibits anyone from setting up on an empty parking lot.  Alderman Leahy said that he is not opposed to a Farmer’s Market. 

Alderman Markland asked why is the Farmer’s Market legislation necessary at this time.  He said that since there are no requests for a farmer’s market ordinance before the Board, it does not make sense to write an ordinance to provide for one without knowing what the requestor felt needed to be included. 

Alderman Terbrock said that a Farmer’s Market should not be changed into a gypsy caravan and allow such an event to be in existence for 6 months in front of a Ballwin business. 

Bill 3624 died for lack of a second reading. 

CITIZEN COMMENTS

Theresa Donovan, 674 Rustic Valley Drive:  Ms. Donovan asked about the status of the proposed cell tower in Ferris Park. 

Mayor Pogue said that since this issue is not on tonight’s agenda, if there are any changes to the plans, it will have to resubmitted to the Planning & Zoning Commission and then Board of Aldermen approval in September.  If the plans are not changed, the earliest for Board consideration would be July 19.

City Administrator Kuntz said that other potential locations have been considered.  The company has been re-contacted.  Another alternative was presented to them that would have less visual impact on the neighbors.  The company did further research and decided that to accommodate another location, the height of the tower would have to be changed, which would have to go back to the Planning & Zoning Commission for review.  The company has not yet provided a lease proposal for consideration that addressed other concerns.  He said that at this time, there’s nothing new to report.  It’s possible that the whole tower issue could totally disappear. 

Assistant City Administrator Aiken said that he can provide any updated information, however, he is limited to the company’s responses. 

PUBLIC HEARINGS

Community Development Block Grant 
Assistant City Administrator Aiken conducted the Public Hearing with the following information: 
Assistant City Administrator Aiken said the Community Development Block Grant program is a Federal Grant program whereby the Federal Government makes money available annually to municipalities and states for certain types of work.  Ballwin participates in the Urban County Program through St. Louis County.  An annual application is submitted with a Public Hearing. 

The following types of activities are eligible to be assisted with CDBG funds.  All activities must meet one of the following criteria:  1) Primarily benefit low and moderate-income residents; 2) Eliminate slums and blight; 3) Alleviate urgent, serious, and critical community needs that are of recent origin.  Ballwin has only been allowed to apply for funds for the home improvement program for low to moderate income residents. 

Assistant City Administrator Aiken said that Ballwin receives $40,400 and all of the money awarded to Ballwin must be spent in Ballwin.  He said that $54,300 with a household of 4 people is considered low to moderate income.  This amount is adjusted every 3 or 4 years.  Curb cuts adjusted to ADA standards qualifies for these funds.  He said that for two people, the amount would be $43,450. 

Mayor Pogue asked if anyone would like to speak in favor of the Community Development Block Grant.  There were none.

Mayor Pogue asked if anyone would like to speak against the Community Development Block Grant.  There were none.

Mayor Pogue declared the Public Hearing closed. 

NEW BUSINESS
LEGISLATION

BILL # 3627 - AN ORDINANCE AMENDING SECTION 15-480 (SCHEDULE E) OF ARTICLE XII OF CHAPTER 15 OF THE ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO STOP SIGNS AT THE INTERSECTION OF BRASS LAMP / GLENMEADOW / BRIGHT SPUR DRIVES.

A motion was made by Alderman Fleming and seconded by Alderman Leahy for a first reading of Bill No. 3627.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3627 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a second reading of Bill No. 3627.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3627 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3627 with the following results: 
Ayes – Terbrock, Fleming, Boerner, Leahy, Markland Schmer, Finley.  Nays – None.  Bill No. 3627 was approved and became Ordinance No. 10-17.

BILL # 3628 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION PLAN AMENDMENT TO CLEARWIRE COMMUNICATIONS FOR  CROWN CASTLE (SPRINT) FOR A TOWER HEIGHT INCREASE TO ALLOW ADDITIONAL INTERNAL MOUNTED ANTENNAE ON ITS COMMUNICATIONS TOWER.

A motion was made by Alderman Boerner and seconded by Alderman Leahy for a first reading of Bill No. 3628.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3628 was read for the first time.

A motion was made by Alderman Leahy and seconded by Alderman Boerner for a second reading of Bill No. 3628.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3628 was read for the second time.

Findings:  A vote in favor of the bill finds that the Petition, as submitted, would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over-tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.  A vote against the bill means that one or more of these findings are absent.

A roll call was taken for passage and approval of Bill No. 3628 with the following results: 
Ayes – Leahy, Markland, Finley, Fleming, Boerner, Schmer.   Nays – Terbrock.  Bill No. 3628 was approved by a vote of 6-1 and became Ordinance No. 10-18.

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. Roadway Striping
B. Destruction of Records
C. Liquor Licenses
D. Microsurfacing
E. Truck Bed Replacement
F. Plow / Spreader / Bed

Mayor Pogue requested that Item E be removed for further discussion.
Alderman Fleming requested that Item A be removed for further discussion.
Alderman Markland requested that Item B be removed for further discussion.

A motion was made by Alderman Leahy and seconded by Alderman Fleming to accept Consent Items C, D, and F.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT

Closed Session:  Mayor Pogue requested a closed session, according to Section 610.022 under the Missouri Revised Statutes for closed sessions, for the City Attorney’s Performance Review.

CITY ADMINISTRATOR’S REPORT

From Consent Items – Roadway Striping:  City Administrator Kuntz said that Park-Mark, Inc. has been used several times.  There aren’t many companies that perform this service.  Park-Mark was the lowest of the two bids within the budgeted amount. 

Alderman Fleming asked about the frequency of this service.  City Engineer Kramer said the last time this service was utilized was 2008.  The striping is done on the major roads in Ballwin. 

A motion was made by Alderman Fleming and seconded by Alderman Leahy to accept the low bid for striping.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Destruction of Records:  Alderman Markland said that the enclosure in the meeting packet is not a true copy of what is on the Secretary of State’s website.  He said there is one omission which is GS007, per RSMO 50.172.  He said that the records must be kept for five years.  Finance Officer Loehr said that she is not aware of any changes up to this time in the Secretary of State’s publication.  She said she will check further for any changes.  Alderman Markland requested that this subject be held over to the next meeting.  The Board agreed.

Truck Bed Replacement:  City Engineer Kramer said the option of painting the bed tan was offered to the bidder so that the truck will look like the rest of the fleet.  Mayor Pogue said that he prefers using a product to prevent rust and corrosion.  City Engineer Kramer said the cab and chassis is in good condition, but the bed has been damaged from use.  There are only 47,000 miles on the truck and does not have to be retired in the near future.  City Administrator Kuntz said that perhaps the paint could be substituted for a bed liner to extend the life of the truck.  City Engineer Kramer agreed. 

A motion was made by Alderman Fleming and seconded by Alderman Schmer to accept the low bid from Midwest Systems Truck Equipment, Alternate #2.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Fleming asked for a future Staff Report on the end resolution of the lining.  He said that this will be good information for the Public Works Committee. 

Health Insurance Renewal:  City Administrator Kuntz said there is a 10% increase with the July 1 renewal.  Through a series of turnovers and not immediately filling positions, there is a minimal overrun.  By approving this increase, there is a 3-year commitment to go self-insured with 22 other cities.  It is recommended that rather than apply the overage to the employees, that the $506 overrun be absorbed within the city’s portion.  The deductible is $1,000 per employee, $2,000 for a family, the second $500, the employee pays, after that there is no more deductible; which means $1,500 total deductible per employee and $3,000 total for a family.  The City self-insures the first dollars, the rest is paid by the employee, and then the plan kicks in.  There is no change in the plan.  The renewal needs Board approval.

Alderman Schmer asked if staff is sure that this is the right plan with a 26% increase for health insurance.  He asked if all 22 municipalities re-enrolling that are currently enrolled in this plan.  City Administrator Kuntz said that we made a 3-year commitment so that an actuarial base can be determined.  If health insurance was shopped every year, there would be no integrity in the group.  Other creative options may be necessary to keep the cost down.  The 3-year commitment ends in April, 2012.  There are some cities that did not rejoin after receiving their renewal notice.  Now they are asking to be reconsidered to rejoin due to extremely high rates. 

Alderman Boerner asked what is the average cost per employee for the health insurance.  Finance Officer Loehr said that the rate is approximately $700 per month. 

A motion was made by Alderman Fleming and seconded by Alderman Boerner to accept the recommendation regarding United Healthcare.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Truck-Mounted Hoist:  City Administrator Kuntz said that six bids were received, and the lowest was $110 over the budgeted amount.

A motion was made by Alderman Schmer and seconded by Alderman Leahy to approve the low bid in the amount of $7,610 to Knapheide Truck Equipment Company.  A voice vote was take with a unanimous affirmative result and the motion passed.

St. Louis County Municipal League Dues:  City Administrator Kuntz said there is a 3% increase in the membership dues for the City of Ballwin.  This is an unbudgeted increase.  The amount budgeted was $6,061.50.  The amount due is $6,150.

A motion was made by Alderman Schmer and seconded by Alderman Markland to approve the membership dues.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Weed Control:  City “Administrator Kuntz said a topography issue poses difficulty in compliance and enforcement with the weed and vegetation control ordinance.  The St. Louis County reconstruction of Big Bend created a significant slope for a property owner.  This situation was not created by the property owner.  Assistant City Administrator Aiken has put much effort in compiling comprehensive regulations to deal with these circumstances.  This will require legislation to proceed. 

Assistant City Administrator Aiken said that the proposed regulations addresses steep and rough slopes that are too steep to mow with conventional equipment.  There are several common ground areas in Ballwin that have this type of topography.  The suggestion is to not require the 6-inch or 12-inch weed height limitation to be enforced in this type of situation.  He said that as part of the Big Bend reconstruction, a property owner had his yard re-graded.  They put down sod, but this is an area that he cannot get to in order to maintain the grass.  He would like to grow ground cover or return it to a wooded condition.  Wooded areas are not required to be mowed.  The problem is that there is no standard in the code regarding wooded areas.  The new provisions would allow the planting of Crown Vetch, which is one of the few ground covers that will grown in sunny areas.  Crown Vetch grows to a height of about 18 inches high.  There are limitations in the proposed regulations so that an individual could not decide to discontinue cutting their grass. 

Alderman Boerner said in Section (e), it is stated that “Said owner shall provide a bond, letter of credit or cash escrow as surety to guarantee the replacement of dead trees.”  He said this is regarding restoration to the natural state.  He asked how the amount would be calculated.  Assistant City Administrator Aiken said that it would be handled in the same way as developers, where a grading permit would be necessary and evidence of the cost of the trees.  Bids are provided by sub-contractors or an engineer certified estimate.  A nursery-certified estimate could be used.  If that was not suitable, other avenues would be pursued.  If the trees were dead, the owner would have to replace the tree. 

Alderman Boerner asked if it cost $25,000 to restore the ground, how much would they have to put in escrow?  Assistant City Administrator Aiken said the escrow is a fraction of the amount of the bond.  He said this could be explored to determine if the bond would be for the full amount or a fraction of the amount.  Alderman Boerner said that the remedy is to take away the exemption so that they would have to mow and maintain the ground. 

A motion was made by Alderman Boerner and seconded by Alderman Schmer to draft legislation and remove the said ownership via a bond letter of credit or cash escrow as surety to guarantee the replacement of dead trees, and to add the trees to survive without replacement will result in ……”
A voice vote was taken with a unanimous affirmative result and the motion passed.

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT

Litigation T-Mobile:  City Attorney Jones said the litigation involving T-Mobile is reaching a point where it may be settled in a fairness hearing and the class action could be heard in the St. Louis County Circuit Court as early as July 2.  The cases directly involving the City of Ballwin are not the class action cases – they are the protest cases where the tax has been paid by T-Mobile to the City of Ballwin and are now subject to a challenge by T-Mobile.  As a result of the settlement of the class action, the protest cases will be settled as well.  If there is a settlement by July 2, payments could be transferred for our use by the end of August or beginning of September.  City Administrator Kuntz said that because Ballwin is a protest city, gives Ballwin a better standing because they are acknowledging that our ordinance was sufficient. 

Sewer Lateral:  City Attorney Jones said that the Sewer Lateral Challenge suit is set for a motion hearing on June 23 at 2:30 p.m..  This is for the consolidated motions up to 31 municipalities that have been joined in the class action.

Schnucks:  City Attorney Jones said there is not yet a ruling in the Schnuck’s lawsuit and is still under submission. 

Louis Greenburg Case:  Mr. Greenburg has appealed his conviction in the St. Louis County Circuit Court.  That appeal was filed on June 17, and remains to be seen if he will be able to perfect the appear or not.

ALDERMANIC COMMENTS

Muir View Drive:  Alderman Fleming said that according to the new Purchasing Policy, the Board should approve the repair since it was done under an emergency basis. 
A motion was made by Alderman Fleming and seconded by Alderman Leahy to approve the City Administrator’s additional funding request for Muir View Drive.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Software Update:  Alderman Fleming said he attended a webinar on the actual module we would be most likely to use, which would be the Finance Payroll and HR module.  He said in July, he will attend webinars on the other competitor, and go to several other cities to see their current software.

Creek:  Alderman Fleming said there is a property in Ballwin where the creek runs through the subdivision grounds.  Many years ago when the property was in St. Louis County, we have been told by residents that St. Louis County constructed the gabion walls within the creek bed.  St. Louis County disputes this and states that they have no record of this.  Alderman Fleming said the wall has deteriorated, and now the entire creek is moving very close to a gentleman’s house.  The resident wants to know who is responsible for this.  St. Louis County says they are not responsible for this.  MSD has not said that they aren’t responsible, but even if they are, they have no way of paying for it.  He said the City Attorney is fairly certain that it’s not the city’s responsibility.  Alderman Fleming asked the City Attorney to prepare a legal opinion.  Assuming the legal opinion states this is not Ballwin’s responsibility, the way the policy is currently written, we may fund this if we so desire.  He asked that the legal opinion also advise if this is appropriate.  At that point, we would be spending public money on what is private property. 

A motion was made by Alderman Fleming and seconded by Alderman Leahy that City Attorney Jones to do the research on this question and report back to the Board.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Weed Spraying:  Alderman Terbrock said that the City of St. Peters sprays weeds in streets and sidewalks in the right-of-way.  He asked if Ballwin can also do this.  City Administrator Kuntz said that this can be researched. 

Twilight Swim:  Alderman Finley said that this was a successful event and money was raised for the Historical Commission.  There will be two more twilight swims. 

Concerts in the Park:  Alderman Markland said the concerts are very successful and are attracting people in the neighborhood who are walking to the concert. 

Paving Materials:  Alderman Markland said that due to all of the oil spilling into the Gulf of Mexico and suggestions being made to reduce our dependence on oil, he suggested that concrete be used as a paving material instead of asphalt, since asphalt is largely oil. 

City Administrator Kuntz said that every bid that has an alternative product, the alternative price will also be requested.  He said on every bid summary, the asphalt price and the concrete price will be included. 

Chickens:  Alderman Boerner said he was asked by a Ward 4 resident about raising chickens within the city limits.  He asked what are the restrictions on this matter.  Assistant City Administrator Aiken said that the property must have 2 acres. 

Adjourn to Closed Session:  A motion was made by Alderman Fleming and seconded by Alderman Schmer to adjourn to closed session to discuss the City Attorney performance review.  A roll call vote was taken with the following results: 

Ayes:  Aldermen Boerner, Fleming, Leahy, Schmer, Markland, Terbrock, Finley. 
Nays:  None.  The motion passed to adjourn to closed session at 8:48 p.m. 

Closed Session:
The Board convened in closed session at 8:50 p.m.  All board members, with the exception of Alderman Mellow, were present.  City Attorney Jones was also present.

Questions were raised regarding the reporting structure and legal issues over the past 12 month period.  It was suggested that the City Attorney should provide more frequent status reports to the Board.  Mr. Jones agreed, but he pointed out that some of these discussions will require closed sessions.

A motion was made by Alderman Markland and seconded by Alderman Fleming to extend City Attorney Jones’s appointment.  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 Leahy to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 10:02 p.m.

The Board reconvened in open session at 10:04 p.m.

Mayor Pogue stated that the Board met in closed session to discuss the City Attorney’s performance review.

A motion was made by Alderman Fleming and seconded by Alderman Leahy to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 10:06 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC