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
January 24, 2011

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

             PRESENT                                                                                ABSENT
MAYOR TIM POGUE 
ALDERMAN JIMMY TERBROCK                                             ALDERMAN RON MARKLAND
ALDERMAN MICHAEL FINLEY 
ALDERMAN PAT MCDERMOTT 
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 January10, 2011 Finance & Administration Committee Meeting were submitted for approval, including the recommendation for Parks & Recreation to draft a new policy for street trees, instruct staff to prepare a year-end report as discussed in the Minutes, and that he and Alderman Boerner continue to work with staff on the investment policy.  A motion was made by Alderman Fleming and seconded by Alderman McDermott to approve the Minutes and recommendations.  A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the January 10, 2011 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Leahy and seconded by Alderman Boerner 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
None.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3659 - AN ORDINANCE SETTING THE REAL ESTATE TAX RATE OF ZERO (0%) PERCENT IN THE CITY OF BALLWIN FOR THE FISCAL PERIOD BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011.

A motion was made by Alderman Terbrock and seconded by Alderman McDermott for a first reading of Bill No. 3659.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3659 was read for the first time.

Alderman Terbrock asked does this mean that Ballwin is not a taxing district?  City Administrator Kuntz said that this is the rate of taxation.  Ballwin is a taxing district, which is the reason this legislation is passed on an annual basis.  It rolls the rate of the local property tax to 0%.  This has been done on an annual basis since 1987, when it was initially rolled back from a millage rate of 27 cents to the current rate of zero.  City Attorney Jones said that this is correct.  The city remains a taxing district.  The rate is set at zero.

Alderman McDermott asked how many other cities tax rate is set at zero?  City Administrator Kuntz said that there are 13 municipalities out of 92 that have a zero local property tax rate. 

A motion was made by Alderman Finley and seconded by Alderman Leahy for a second reading of Bill No. 3659.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3659 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3659 with the following results: 
Ayes – Finley, Boerner, Mellow, Terbrock, Leahy, McDermott, Fleming.  Nays – None.  Bill No. 3659 was approved and became Ordinance No. 11-03.

BILL # 3660 - AN ORDINANCE PROVIDING FOR A SPEED LIMIT OF 20 MPH ON RICHLAND MEADOWS DRIVE AND ALVERSTON COURT.

A motion was made by Alderman Boerner and seconded by Alderman Mellow for a first reading of Bill No. 3660.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3660 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Boerner for a second reading of Bill No. 3660.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3660 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3660 with the following results: 
Ayes – Mellow, Terbrock, Boerner, Finley, McDermott, Fleming, Leahy.  Nays – None.  Bill No. 3660 was approved and became Ordinance No. 11-04.

BILL # 3661 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO HARRY FREUND, D/B/A “MR. HARRY’S CARNIVAL FOODS”, FOR THE DISTILLING, BREWING, PREPARATION AND/OR SALE OF BEVERAGES CONTAINING ALCOHOL OF ANY KIND BY THE DRINK FOR CONSUMPTION ON THE PREMISES WHERE SOLD.

A motion was made by Alderman Leahy and seconded by Alderman Mellow for a first reading of Bill No. 3661.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3661 was read for the first time.
A motion was made by Alderman Leahy and seconded by Alderman Mellow for a second reading of Bill No. 3661.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3661 was read for the second time.

Mayor Pogue stated that 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 is absent.

A roll call was taken for passage and approval of Bill No. 3661 with the following results: 
Ayes – Leahy, Finley, Terbrock, McDermott, Mellow, Fleming, Boerner.  Nays – None.  Bill No. 3661 was approved and became Ordinance No. 11-05.

BILL # 3662 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO CHRISTY NANCE OF JLCN, INC., D/B/A “ALL THE DETAILS”, TO CONDUCT AUTOMOBILE AND MOTOR VEHICLE SERVICE AND/OR REPAIR AT 15471 B MANCHESTER ROAD.

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a first reading of Bill No. 3662.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3662 was read for the first time.

A motion was made by Alderman Finley and seconded by Alderman Leahy for a second reading of Bill No. 3662.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3662 was read for the second time.

Mayor Pogue stated that 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 is absent.

A roll call was taken for passage and approval of Bill No. 3662 with the following results: 
Ayes – Finley, Terbrock, Fleming, McDermott, Boerner, Mellow, Leahy.  Nays – None.  Bill No. 3662 was approved and became Ordinance No. 11-06.

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. Police Cars
B. Ammunition
C. Ballwin Days Rides

Alderman Terbrock said that regarding Item A, Police Cars, there is a $495 procurement fee.  He asked if there was previously a class action lawsuit for a procurement fee?  Police Chief Schicker said this has been approved by State bid.  He said that he also has State bid paperwork from another dealer with a $625 procurement fee. 

City Administrator Kuntz said that regarding Ballwin Days Carnival Rides, this is the standard contract.  A one-year renewal is recommended.  He said that if approved, the distribution notice at the bottom of the document will be changed to reflect the Parks Director’s name, not former Ballwin Days Co-chairman McDermott. 

A motion was made by Alderman Terbrock and seconded by Alderman Mellow to accept the Consent Items with the amendment that the Ballwin Days carnival rides contract will be for 1 year, not 2 years.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT

Boundary Adjustment:  Mayor Pogue said a letter was received from Mayor Scott Douglass of Clarkson Valley regarding land area between Ballwin and Clarkson Valley that is unincorporated.  It includes one residential property and a section along Clarkson Road.  The possibility of taking over this area by Clarkson Valley was suggested by Mayor Douglass.  He said that Ballwin is responsible for two of the four corners of the intersection.  He asked for Board direction on this matter.

City Administrator Kuntz said that the one property owner was contacted by Alderman Markland.  The property owner didn’t have a strong feeling toward either city.  If either Clarkson Valley or the City of Ballwin pursue this, the single property would most likely not be left out. 

Alderman McDermott said that Alderman Markland sent him an e-mail stating that he spoke to the property owner and the owner initially expressed an interest in being incorporated into Clarkson Valley.  He later said that it didn’t matter which city he was in.  Alderman McDermott recommended to Alderman Markland that he ask the homeowner to attend the meeting.  In this case, the property should be included in the area of his choice.  City Administrator Kuntz said that we have attempted to contact this property owner in the past and he was non-responsive.  He believes that this annexation is important from a traffic enforcement standpoint. 

Mayor Pogue said that Ballwin has jurisdiction over a section of Clarkson Road just south of the intersection with Kehrs Mill.  The section that is in St. Louis County is the north bound lanes.  The south bound lanes are in Clarkson Valley.  If the Board decides to include into Ballwin the residential property, it might be a good idea to continue Ballwin jurisdiction of that section of Clarkson Road. 

Alderman Fleming said that this Board has always supported logical geographic boundaries.  It seems more logical that this residential property should be in Ballwin.  Mayor Pogue said that Mayor Douglass said that it would be logical to extend the line rather than cut out the one parcel.  City Administrator Kuntz said that Mayor Douglass indicated to him that there would be no objection if Ballwin wanted this residential property in Ballwin. 

Mayor Pogue asked what should be the next step in this process.  City Administrator Kuntz said that he can contact the resident, but state that if we don’t hear from him within a certain date, Ballwin will initiate the annexation process.

Alderman Boerner said that since Clarkson Road is a State roadway, it will be maintained by the State.  Police Chief Schicker said that the current boundary situation is very confusing to law enforcement in this area when there is a traffic accident.  It has to be determined whose jurisdiction the accident falls under.

The Board agreed unanimously to allow staff to contact the resident and to advise Clarkson Valley accordingly.

Great Streets Meeting:  Mayor Pogue said on Saturday, February 5, at 9:00 a.m., there will be a Great Streets meeting at the Golf Course Clubhouse.  The meeting is open to the public, will include the 5 cities affiliated with the Great Streets program, and the councils, boards, and commissions from each City will be invited to attend.  He said the final plan has been received for review.  Also in attendance will be representatives from East-West Gateway.  City Administrator Kuntz said a presentation will be given by Mayor Dalton of Town & County, who works through the St. Louis County Municipal League.  He is a lobbyist and was instrumental in securing legislation to allow the erection of other multi-jurisdictional entities. 

Mayor Pogue said this will be a 2-hour session to discuss the plan.  The cities that want to move forward and adopt the Great Streets initiative will be informed of the next step. 

Alderman Boerner said that he is hoping for something more structured and definitive in terms of adopting the initiative.  Mayor Pogue said that 3 of the 5 cities have agreed on the Memorandum of Understanding, which are Ballwin, Ellisville, and Wildwood.  Manchester and Winchester still have questions.  The February 5 meeting will give opportunity for questions to be answered.  Alderman Boerner asked if a joint Board meeting could be held in lieu of a regular Board meeting.  Mayor Pogue said he believes that Ellisville’s charter might prevent this unless the meeting was held within the Ellisville city limits.  City Attorney Jones said that eventually uniform legislation may need to be adopted.  Ballwin has already taken steps in this direction with adoption of the Manchester Road Overlay District and the 2007 Comprehensive Plan.  The cities that are in agreement with this program should consider adopting legislation that’s uniform.  He said that we can’t adopt the plan only by Resolution saying that we want to participate in Great Streets.  We will have to systematically change our ordinances so that they reflect the type of things we want to do, such as the sign code, zoning ordinance, approval of business petitions, and the way Special Use Exceptions are handled. 

Alderman McDermott said at the last Government Affairs & Transportation meeting for the Chamber of Commerce, there was a discussion and recommendation that there would be a meeting to bring all of the Boards together to present an up-to-date view of the progress.  The next step is to get all of the legal components of the Great Streets plan to Jefferson City so that there can be legislation written and approved in order to continue.  He said that if this is not done in the current session, there could be ramifications.  Part of the process at the February 5 meeting is to educate each of the Boards. 

City Administrator said that the plan has to be reviewed by each city’s Planning & Zoning Commission.  There may be recommendations for legislative change to create consistency.  After that is complete, the Boards of Aldermen will each review for legislative action.  The February 5 meeting will hopefully answer everyone’s questions.  After that, determination can be made if all 5 cities are onboard or not. 

Alderman Boerner asked will Ballwin be giving up authority over certain areas of our city by consenting to the program?  Would the legislature override what Ballwin has to say about the corridor?  Mayor Pogue said that in the Great Rivers Greenway Board, there are 5 counties that participated.  Each county has representation on the Board.  We would not be giving up any power.  Individuals would have to be selected to represent Ballwin’s portion of the corridor.  City Administrator Kuntz said that plans would still be submitted to the Planning & Zoning Commission and the Board of Aldermen. 

Ballwin Days Meeting:  Mayor Pogue said the first Ballwin Days meeting will be February 15, at 7:00 p.m., at The Pointe in room B. 

CITY ADMINISTRATOR’S REPORT

Public Works Recognition:  City Administrator Kuntz congratulated the Public Works Department for the good job on snow removal in the recent storms.  Mayor Pogue said that he received communications from residents that were complimentary of the good job of removing snow.
Street Tree Program:  Director of Parks & Recreation Bruer said that we have been maintaining the street trees in Ballwin since 1990.  Prior to that, the residents maintained the trees that were located between the street and the sidewalk.  In 1990, there were about 21,000 residents and 89 miles of streets.  Since that time, there have been 5 staff personnel taking tree calls and maintaining the trees with trimming, south of Manchester one year, and north on the alternate years.  The spring brush pickup was conducted in March.  This was discontinued during the severe ice storm and was never restarted.  Large areas have been annexed which added trees to the maintenance schedule.  In 2005, an arborist was hired.  A grant was received from the Missouri Department of Conservation to inventory the trees.  The most hazardous trees were taken down.  In 2008, the arborist and a full-time laborer in the Parks Dept. left and the position was eliminated as a budget cutback.  There are about 300 plus calls for tree service per year.  Preventative maintenance on the trees and tree planting was discontinued with the personnel reduction.  All that is done now is response to complaints and dangerous tree removal.  She said her recommendation is that if the Parks Department is going to be expected to maintain the street trees, staff should be added and the plan should be updated.  If we are going to get out of the tree business, the ordinance should be changed. 

Ms. Bruer said that in 2010, about 140 trees were taken down.  She said there are about 7,700 street trees in Ballwin for city maintenance.  25% are ash trees.  If the emerald ash bore attacks the ash trees, this would result in a lot of dead trees that would be the city’s responsibility all at one time.  When the inventory was done, a value of every tree was determined.  Some trees are valued at $2,000 - $3,000.  There is an insurance fund that is in the tree escrow account.  If the inventory was not conducted, there would not have been a way to value each tree. 

Ms. Bruer said that she recommends that if the Parks Department is going to maintain and care for the trees, the staff should be increased to properly hand the program.  She also recommended purchasing a used bucket truck from Ameren so that trees that are 30 – 40 feet tall can be addressed.  She also said that some contractual work could also be considered, however, this could be costly.  The arborist is a Tech II position, having a degree, but is also a parks worker.  The previous arborist also worked with the Parks Department on Ballwin Days.  City Administrator Kuntz said that the arborist was hired by Ameren and they doubled his salary. 

Alderman McDermott asked about liability.  City Attorney Jones said that this is no different than anything in the city’s right-of-way – streets, trees, sidewalks.  We are liable for known dangerous conditions, subject to statutory limits on immunity case law, etc.  He said we can’t escape liability by giving our trees to the property owners.  We can’t say that the property owner now has to maintain the trees, anymore than we could do that with the streets and sidewalks.  If we are trying to minimize liability, we are better off implementing a program where the inventory is evaluated and do what we can, particularly regarding dangerous conditions. 

Director of Parks & Recreation Bruer said in 2008, money was budgeted to start a cost-share tree planting program with residents.  Chesterfield has a cost-share program for street trees.  This is part of the reason originally to hire an arborist to come up with a plan after trees were taken down.  The Conservation Department used to have a regional person come out when called.  This person is no longer available.  She said the free resources have been exhausted.

Alderman McDermott asked if there is a program for tree maintenance that is similar to the seer lateral program?  The residents could share some of the cost.  Director of Parks & Recreation Bruer said that the Missouri Department of Conservation has several grants.  We have received a grant for tree trimming.  She said that we have been using the trim grant money for removal of the ash trees.  The Conservation Department wants to get rid of as many ash trees as possible.  Trim grant money has also been used to plant trees along Ries Road.  They prefer to fund maintenance projects instead of planting. 

Alderman Fleming said he has not seen the street tree inventory.  There are about 2,100 ash trees that may be vulnerable.  How tall are those trees?  Deputy Director of Parks John Hoffman said that some are about 50 feet tall. 
Alderman Fleming asked about the insurance policy regarding trees.  Assistant City Administrator Aiken said that all of the trees in our parks and grounds are covered by insurance, but street trees are not covered by insurance.  The maximum coverage is $3,000 per tree, which is a combination of clean up, removal, and replacement.  City Administrator Kuntz said that if a street tree is hit by a car and the driver of the vehicle is known, an insurance claim can be filed because we have all of the information.  By having an arborist certification, we have received substantial reimbursements.  If we didn’t have this certification, the insurance company would say that the tree cannot be worth that amount.  It has paid off to have arborist certification of the value of city trees. 

Alderman McDermott asked if the cost of an arborist can be justified compared to the amount that has been recovered in the past?  Parks Director Bruer said that this amount can be determined.  Alderman Fleming asked, if the recent storm had taken down 15 street trees instead of golf course trees, we would not have received any payment for the trees?  Alderman McDermott said that’s correct.  Alderman Fleming asked if this is an appropriate use of the Parks & Recreation sales tax?  City Administrator Kunta said it is. 

Alderman Fleming said he is concerned about liability related to using a bucket truck.  Parks Director Bruer said that other municipalities use bucket trucks, but she also has this concern. 

Alderman Boerner said that employees who trim trees also do leaf pickup and other multi-tasks.  Over the last 4 or 5 years, we have received grants of $10,000 per year and Ballwin subsidizes the rest of the expense.  The tree inventory has been reduced.  To hire an arborist, including benefits and worker’s comp insurance, a bucket truck, gas, etc. will cost about $125,000 - $130,000 per year.  He said that for $125,000 per year, this service could be contracted out and maybe come out ahead.  Deputy Director of Parks John Hoffman indicated that we have a street tree survey that rates trees between 1 and 12.  Problem trees from 8 to 12 have already been removed from the 2006 from the 2006 survey.

Parks Director Bruer said that they receive about 300 calls per year and take town 140 trees.  Mayor Pogue said he agrees with Alderman Boerner that perhaps tree removal could be contracted out, and trimming could be done by city crews.  Alderman Fleming said that an arborist would update the inventory, and this is a worker position.  Alderman Boerner said he believes contracting out this service should be considered.  Alderman Fleming said that considering the fact that there are 2,100 trees and the disease that is predicted to affect the ash trees, the problem looks serious enough that he prefers having someone on staff for this project.  If a lot of trees have to be taken down due to disease, this can be very costly.  Alderman Boerner said he would like to see an evaluation for contracting the service with a company that has an arborist on staff. 

Alderman Leahy asked if there are surrounding cities that have an arborist on staff.  Parks Director Bruer said that Chesterfield, Ferguson, Clayton and University City have an arborist on staff.  He asked if it has been considered to have a shared arborist with surrounding cities.  Parks Director Bruer said that she has informally discussed this in the past, but the subject has not been revisited recently. 

Parks Director Bruer said that the best approach is to have at least two people working on trees during the summer, but now, we don’t have anyone.  We are only responding to emergency situations.  The annual trimming of trees for aesthetics and safety is no longer done.

Alderman Terbrock said that the trees in the right-of-way should not be abandoned.  We should be taking care of these trees.  He asked about an arborist being hired on a consultation basis but not a hired employee.  Parks Director Bruer said that the phone calls for trees complaints or questions are on a regular basis. 

Alderman Terbrock asked if the cost for an arborist will fit into the Parks budget in the future.  City Administrator Kuntz said that the Board has raised options that have not been investigated in detail in order to give accurate numbers.  The question is how do we most effectively stay in the tree business?  Is it by employment or contractual basis, or a combination?  This is an issue that can be studied for consideration in next budget. 

Alderman McDermott said that Alderman Markland asked if we had adequate staffing to take care of cleaning up the storm debris on New Years Eve?  City Administrator Kuntz said that overtime was paid and it was a weekend.  Parks Director Bruer said there was some initial emergency cleanup to get trees out of the street.  She said she thinks we had enough staffing.  It’s still not totally cleaned up.  City Administrator Kuntz said that a few years ago when the ice storm occurred, the crews worked 10 and 12 hours per day, 5 days per week for 6 – 10 weeks.  He said that Parks and Public Works personnel helped with the cleanup.  All of the crews are busy all the time.  Public Works personnel are doing pot hole repair, sidewalk work, truck maintenance, etc., when they are not plowing snow.  He said that we are not over staffed.  No one on the Board wants to lower our standard.  The programs are professionally run and well managed.  This results in the best cleaned streets in the whole region. 

Alderman Leahy said that as soon as we get the trail report, there can be a Parks & Recreation Committee meeting and discuss the street tree program in depth. 

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT

Solicitation:  City Attorney Jones said he tried to enhance the application process, the possible consequences for failing to properly disclose in the application, added language regarding time restrictions, which was justified under the court cases that he read.  He added a section regarding possession and display of the license to make the residents more comfortable.  There is a fine line to come up with a code section that is the least intrusive way of promoting the city’s meaning and protective goal of making it safe for the residents, while not inhibiting commercial free speech.  The submitted draft can be changed.

City Attorney Jones said that some of the provisions that he included in the draft are from the City of Creve Coeur’s ordinance.  He said he tried to make the time window long enough so that it wouldn’t affect the court decisions involving the ACORN organization, which has sued a number of local governments over the years.  If the limit is set at sunset, during the winter, this would be 4:40 p.m.  This is not a realistic window.  ACORN would argue that this is making it impossible to contact people because in a 2 wage earner family, most people are not at home at that time.  This is why he worded the time to be a hour after sunset or 7:30 p.m. 

Alderman McDermott asked, if a subdivision wanted to put in their indentures “no soliciting”, could they do this as a subdivision?  City Attorney Jones said they could put this in the indentures, but it could not be enforced.  Ballwin’s existing ordinance and this draft has a provision for a property owner to post their property.  When they do this, it becomes illegal for the solicitor to approach their door.  At that point, the solicitor would be trespassing.  Alderman McDermott asked if they could post “no soliciting” at the entrance to their subdivision and asked that no permits be issued for their subdivision, would this be an option.  City Attorney Jones said no.  This would be a civil issue that would not involve the City of Ballwin.  As long as there are public streets and public sidewalks, this could not be enforced. 

Mayor Pogue said that this is now the campaign season for the upcoming election.  If a candidate was going door-to-door, under the new draft ordinance, they would be required to get a permit, but would not have to pay a fee.  Under the old ordinance, they were not required to get a permit.  City Attorney Jones said this is correct.  He said an exemption for this can be included. 

Alderman Finley asked, are the other parts of our code that deal with political canvassing or not-for-profit purposes, or is everything included in Section 14.  City Attorney Jones said that everything is in Section 14.  Alderman Terbrock said he does not think it is necessary to push the time limit back to 7:30 p.m.

Alderman Terbrock said that in his business, he is sometimes called to go to a resident’s home.  According to the draft legislation, he would have to get a permit to visit a home in Ballwin even though it is an appointment.  When the resident has initiated the contact, this draft legislation doesn’t allow for this without a permit.  City Attorney Jones said that this is addressed in Section 14, Item H, which exempts the individual under this circumstance.  He said that it was his intent that if someone has been invited and the residence is posted, the vendor would still have the ability to approach that particular residence.  It’s not clear in the ordinance and should be re-worded.  This Board would like to see an invited vendor or solicitor be free to approach the property whether or not it’s been posted. 

Alderman Fleming said that there are people who have posed as solicitors who are in a neighborhood for the purpose of trying to commit a robbery.  There are police reports indicating that this has happened.  These are not people who were granted permission by Ballwin to solicit.  The process is that they have to get a permit from the Police Department and a back ground check is performed.  He said he doesn’t understand why there can’t be more restrictions on door-to-door solicitation since there is a “no call” list.  Even that has loopholes, such as surveys, religious and political purposes.  He suggested increasing the permit fee from $20 per day to $50 or $100 per day.  City Attorney Jones said that he has seen cases where they say the fee was excessive but a license still has to be issued.  If the fee is so high that it discourages people, we have caused a problem.  Alderman Fleming said that the issuance of the permit costs more than $20.  It also takes the police officer away from something else that he could be doing.  City Attorney Jones said the increased fee would have to be justified. 

Mayor Pogue asked Police Chief Schicker to provide an estimate of personnel cost to complete the issuance of a permit.  Police Chief Schicker said it will depend on the residence of the solicitor.  An out of state applicant will take longer than local.  He said that the sex offender list is also checked, including the Better Business Bureau. 

Alderman McDermott asked, would it be legal to charge a deposit fee that would be returned to the solicitor as long as there were no complaints or issues?  Mayor Pogue said that this could cause a disgruntled competitor to file a complaint.  He said he is more in favor of recovery of the personnel cost.  Police Chief Schicker said there is a computer charge through REJIS to run the background checks. 

Alderman Boerner said he is in favor of having a fee structure that would charge out-of-state applicants a higher rate.  City Attorney Jones said that if we are going to do that, we should include the date that Chief Schicker will provide in order to justify the cost. 

Alderman Boerner asked, if we passed an ordinance that would state from 9:00 a.m. to sunset, what is the risk or downside to this?  City Attorney Jones said that the downside risk is that someone would try to call it a civil rights violation under one of the sections that allows attorneys fees and cost recovery.  The ordinance could be repealed, as was done regarding funeral protesting.  This is what every city did regarding funeral protesting ordinances. 

Alderman Fleming asked, why is it not possible to opt out like on the no-call list?  Why is it not possible to have a simple form on our website that says “My property is posted, and I opt out.”  When someone gets a permit, they would be provided with a list of addresses that have opted out.  City Attorney Jones said that this service could be provided to the residents, but they would still need to post their property.  If someone enters the property, sees the sign, and doesn’t leave, they are trespassing.  Giving the addresses ahead of time isn’t any more restrictive than enforcing our own ordnance that says if they approach a property that has been posted, they are trespassing.  Mayor Pogue said he agrees, however, at a later time if the house is sold, how is the list updated?  Alderman Fleming said the he doesn’t think the new homeowner will be in a hurry to take their name off the list so that strangers can knock on their door after dark.  Alderman Fleming said that it sounds like the best approach is for the homeowner to post their property.

Alderman Fleming said that he prefers an updated draft before voting on a new ordinance.  The Board agreed.

Schnuck’s:  City Attorney Jones said as of today, the decision in the Schnuck’s case became final for the purposes of appeal, unless there was a post-trial motion filed.  He said he has not received one and didn’t see one posted on Case Net.  This means that if they wish to pursue an appeal, it will have to be filed within the next ten days. 

Billboard Legislation:  City Attorney Jones said he was forwarded an e-mail by Mayor Pogue, which was sent by Alderman Markland to the Mayor and Board, asking for an interpretation of Senate Bill 120 and Billboard legislation. 

Schedule N / 20 mph speed limits: City Attorney Jones said that one of these streets is Jefferson Avenue.  It lists Jefferson Avenue between Freemont and Lyons.  Neither of these streets exist any longer.  This should be changed.  A motion was made by Alderman Terbrock and seconded by Alderman Finley to propose legislation to make the speed limit for the entire length of Jefferson Avenue.  A voice vote was taken with a unanimous affirmative result and the motion passed.

ALDERMANIC COMMENTS

Concerts in the Park:  Alderman Terbrock said that there have been enough inquiries from bands in Ballwin that each concert entertainment can be booked.  This needs to be finalized before the spring and summer Parks & Recreation information is published. 

Ferris Park:  Alderman Terbrock thanked staff for the good job on grant writing for Ferris Park.  This was a $200,000 grant from the Municipal Park Grant Commission. 

Public Works Committee Meeting:  Alderman Terbrock said there will be a committee meeting at 4:00 p.m. on February 14 at the Ballwin Government Center.  The purpose of this informal session will be to discuss environmental standards related to public improvements and development proposals.  It is not expected that any official action will be taken.

Investment Strategy:  Alderman Finley said the plan is to follow up with the two remaining companies.  He recommended that research be done on the website divestterror.org to not use public funds to invest in companies which are doing business with countries that have been designated by the United States as terrorist countries.  He recommended pursuing this policy approach.  City Administrator Kuntz said that our investments are restricted to agencies of the federal government, certificates of deposit, and treasuries. 

Adjourn:  A motion was made by Alderman Fleming and seconded by Alderman Leahy to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:20 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC