Board of Aldermen Meeting and Budget Work Session

Meeting Agenda

Meeting Agenda click here

 

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
October 24, 2011

The meeting was called to order by Mayor Pogue at 7:08 p.m.

             PRESENT                                                                ABSENT
MAYOR TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN MICHAEL FINLEY 
ALDERMAN MARK HARDER 
ALDERMAN SHAMED DOGAN 
ALDERMAN JIM LEAHY                                          ALDERMAN FRANK FLEMING – BUSINESS MEETING
ALDERMAN KATHY KERLAGON                           ALDERMAN RICHARD BOERNER
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the October 10, 2011 Budget Work Session were submitted for approval.  A motion was made by Alderman Leahy and seconded by Alderman Kerlagon to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the October 10, 2011 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Leahy and seconded by Alderman Kerlagon 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
John Sullivan, 740 Agean Way:  Mr. Sullivan, co-owner of Pet Supplies Plus, spoke in favor of Bill 3707 regarding Outdoor Displays and the increase of special events from three to four. 
Mayor Pogue said that legislation was passed increasing the special events up to four and is also included in this bill. 

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3706 - AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY THE ADDITION OF A NEW SECTION 24-12 ENTITLED “KEHRS MILL ROAD SIDEWALK PAYMENT”.

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a first reading of Bill No. 3706.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3706 was read for the first time.

Alderman Harder asked, “The people that are affected by this that will have a new sidewalk, what we are saying is that they will be responsible for 20% of the cost of the sidewalk?”  Mayor Pogue said, “If there is any future re-development along Kehrs Mill Road, we would go for reimbursement then, similar to what we did with the sidewalks on Manchester, that if there’s a re-development, they would reimburse.”  City Administrator Kuntz said, “Not a change in residents.  It would be only a parcel that’s vacant that becomes developed or consolidation where there might be trees taken down and it becomes a subdivision, or some other action that has to come before the Planning & Zoning Commission or the Board of Aldermen would trigger this only.”  Alderman Harder asked if there are any property that this affects.  City Engineer Kramer said, “The property behind Target is affected by this.”  City Attorney Jones said, “Everything on the north side is developed single-family residential, so, we’re only talking about properties on the south side, and perhaps the parcel behind Target, and perhaps the Barn At Lucerne.” 

Alderman Harder said, “At this point when the new sidewalk goes in, they will get a new sidewalk at no cost to them.”  City Administrator Kuntz said that’s correct.  Alderman Harder said if they develop the property, they will have to pay for a replacement sidewalk.  City Administrator Kuntz said, “No.  They will reimburse the city 20%.” 

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a second reading of Bill No. 3706.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3706 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3706 with the following results: 
Ayes – Terbrock, Leahy, Harder, Dogan, Finley, Kerlagon.  Nays – None.  Bill No. 3706 was approved and became Ordinance No. 11-50.

BILL # 3707 - AN ORDINANCE AMENDING THE PROVISIONS OF THE C-1 DISTRICT REGULATIONS AND THE ADDITIONAL HEIGHT AND AREA REGULATIONS WITH RESPECT TO THE OUTDOOR DISPLAY AND SALE OF MERCHANDISE.

A motion was made by Alderman Harder and seconded by Alderman Finley for a first reading of Bill No. 3707.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3707 was read for the first time.

Alderman Leahy said that the special events have already been increased by legislation from three to four.  City Attorney Jones said this is correct, but that change should have been reviewed by the Planning & Zoning Commission prior to the Board passing the legislation, that’s why it is included in this legislation.  Alderman Leahy said he supports the special events increase from 3 to 4, but he is hesitant to vote in favor of the rest of Bill 3707.  He said he would like it separated.  Alderman Leahy clarified that if this bill fails at this time, the change from 3 to 4 special events per year will still be in effect.  City Attorney Jones said yes.  He suggested waiting to see what happens with this bill, and if another bill needs to be provided with only the one item, that could be done. 

Alderman Leahy said, “I appreciate the work that Alderman Harder has done on this.  I look back at the bill that we passed regarding solicitation and the problems it’s brought us.  And I look at the next Bill 3708.  The person that we’re doing it for wasn’t in support of it then, and I voted against it then, and we’re going to vote on it again tonight.  I have a concern passing ordinances for ordinance sake.  I’m looking at Bill 3707 and seeing enforcement problems.  I feel that it’s better to not do this than pass something for something’s sake.  The 4 special events are good.  I’m having a very difficult time supporting the rest of the bill.  I will have to vote no.” 

Alderman Finley asked City Attorney Jones if there are concerns about increased liability to the city if this bill passes.  City Attorney Jones said, “No.  All of the displays will occur on private property.” 

Alderman Harder asked, “What is the alternate?  The alternate is that all of the people doing displays right now will have to cease and desist because our current ordinance says no displays.  If you remember, we tried to come up with a compromise with the owners to come up with a way that they could have some flexibility.  Are all of them going to do it?  No.  It gives them flexibility.  Right now, if we enforce the laws we have, which has been selectively enforced, then no one can have anything anytime – no tires on display or anything.  Do we selectively enforce or do we have something that can be enforced going forward?” 

Alderman Terbrock asked, “What happens to Schnucks, Lowe’s, Sears that sells propane?  It can’t be displayed inside the store and it won’t be allowed to be displayed outside the store.  This is like Alderman Leahy is pointing out.  This is just getting past and trying to look business friendly, when it will make more business owners mad.  One gentleman has given his opinion.  I appreciate the time Alderman Harder has spent on this, but I don’t see any good coming out of this at all.  I think it’s going to cause more trouble.” 

Alderman Dogan said, “I’m not seeing how this would prohibit propane from being sold.”  Alderman Terbrock said, “In Section L, it states that businesses shall only be allowed to display merchandise that is sold inside the store.  An example would be QuikTrip with the firewood.  Alderman Kerlagon said, “Walgreens also has propane gas outside.”  City Administrator Kuntz said by law, propane is not allowed to be sold inside a store.  Assistant City Administrator Aiken said, “Schnucks, Lowe’s and Sears all have Special Use Exceptions under a different ordinance provision that allows the outdoor storage and display of gardening supplies, and we have included propane under that umbrella of gardening supplies, along with other things that someone might debate if they are truly gardening supplies.  We even changed the definition when we redid the C-1 district a couple of years ago to make it more clear to cover those types of items.  Those particular businesses would not be impacted by this.  It’s all the other ones that Alderman Harder was talking about that would be impacted by it, such as racks with tires and other types of merchandise that don’t have separate Special Use Exceptions that can be granted under a different ordinance section.”  Mayor Pogue said, “The way this bill is written, even the tire racks where they are displayed in parking spots would not be allowed.”  Assistant City Administrator Aiken said, “No, they would have to put the displays on the sidewalk.” 

City Attorney Jones said, “This bill is essentially the same one I drafted and brought in under my report for discussion purposes only.  What we ended up with at the next meeting was a bill for just changing the special events from three to four.  I didn’t draft that bill.  Mr. Aiken noticed that it should have first gone before the Planning & Zoning Commission.  This was really only for discussion purposes, and it was intended to all be done together or not at all.” 

City Administrator Kuntz said, “If you approve this bill, you don’t have to do anything else.  If you turn this bill down, and you have a concern about special events, then a motion needs to be made to draft legislation to bring it back.

A motion was made by Alderman Terbrock and seconded by Alderman Harder for a second reading of Bill No. 3707.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3707 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3707 with the following results: 
Ayes:  Harder, Dogan.    Nays: Terbrock, Leahy, Kerlagon, Finley.  Bill No. 3707 failed by a vote of 2-4.

A motion was made by Alderman Terbrock and seconded by Alderman Leahy to authorize drafting legislation for the special events to be changed from three per year to four per year.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Alderman Terbrock asked, “Will this now have to go to Planning & Zoning for approval?  City Attorney Jones said, “No.  It’s already been considered and a public hearing has been held in conjunction with Bill 3707.” 

BILL # 3708 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO MR. HARRY’S CARNIVAL FOODS FOR TRAILER PARKING IN THE C-1 DISTRICT BEHIND THE BUILDING LINE FOR BUSINESS PURPOSES.

A motion was made by Alderman Terbrock and seconded by Alderman Kerlagon for a first reading of Bill No. 3708.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3708 was read for the first time.

Alderman Kerlagon said, “Mayor, we had a discussion and I was wondering if you have taken a better look at the pictures.”  Mayor Pogue said, “I did look at the pictures.  City Attorney Jones included the concrete bollards, which is a protection device, in the ordinance, as far as protection of the gas meters.  That was a concern with backing the trailers close to the utility in relation to the building.”  Mayor Pogue asked the representative about the distance of the utility pole in relation to where the trailer would be backed up between the building and the utility pole. 

Jim Randall, co-owner of Mr. Harry’s Carnival Foods, located at 15581 Manchester Road, said, “The concrete ballards would definitely have to be installed in order to protect the electrical boxes.  The pole is 14 feet from the wall, and the trailer is 8 ½ feet wide, which will leave ample space for access path to the meters, as well as being able to navigate behind the pole without addressing that position. 

Alderman Terbrock asked, “Isn’t that a temporary power source because it’s not a full pole?”  Assistant City Administrator Aiken said, “It carries service from Manchester Road to the subdivision and also serves the plaza.  It is a regular utility distribution pole.”  Alderman Kerlagon said, “There are three smaller metal poles on the outside of the wood pole.” 

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a second reading of Bill No. 3708.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3708 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. 3708 with the following results: 
Ayes – Terbrock, Leahy, Finley, Dogan, Harder, Kerlagon.  Nays – None.  Bill No. 3708 was approved and became Ordinance No. 11-51.

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. Golf Carts
B. Ferris Park Building Demolition

Alderman Dogan asked, “What are the typical maintenance costs for the golf carts?  The low bid, E-Z-Go, was cheaper up front, but Yamaha is cheaper with maintenance included.”  Director of Parks & Recreation Bruer said, “We typically have the most maintenance problems with the Yamaha carts.  They were not the low bid.  We have a mixture of brands.  Some carts are older than the Yamahas but perform better and we have spent less money on them.”  Alderman Dogan said the fuel efficiency on the golf cart review websites show 38% more efficient than the other ones.” 

Alderman Harder asked about the life expectancy of the carts.  Ms. Bruer said, “In the past, we’ve kept carts for five years.  This is a good life expectancy.  We didn’t purchase any carts in 2010.  We ended up spending more money on maintenance in this past year than previously.  We’ve been trying to purchase carts every other year, but may not continue to do this long term.  Each cart generates about $20,000 in revenue over a 5-year period.  After five years, more problems occur and they are not as attractive to rent.  During the peak season, the carts are used every day.  The oldest carts are usually replaced first, depending on the maintenance records.  We usually sell the carts on Gov Deals. 

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

MAYOR’S REPORT

Prescription Drug Take-Back Program:  Mayor Pogue said on October 29, the Police Department will be conducting the prescription drug take back, from 10:00 a.m. – 2:00 p.m. 

Fall Festival:  Mayor Pogue said the Fall Festival will be held this weekend at the Ballwin Athletic Association.  Hillbilly Authority will be onstage from 6:30 p.m. to 8:30 p.m. 

CITY ADMINISTRATOR’S REPORT

Budget Preparation report:  City Administrator Kuntz said, “The September 30, Third Quarter Financial is provided for discussion.  After nine months, ¾ of the way through the year, our revenues are at 80.2% of budget.  Anything over 75% is on target.  We’re slightly exceeding our forecast.  We are also containing the costs at 74.8%, where we should be.” 

Policy Manual – Section 4:  City Administrator Kuntz said the Finance Section is the last for consideration.  The significant action that was previously accomplished was to move the Purchasing Procedure into an ordinance.  Finance Officer Loehr said, “When we changed the Purchasing Policy to the Purchasing Ordinance, the Board decided to change the threshold to $7,500.”  City Administrator Kuntz said, “The collateralization reflects that none of our institutions of investment would collateralize at 105% of market value.  None of the other cities are doing this, so it was brought to 100%.”  Finance Officer Loehr said, “We are keeping our investments at $250,000 threshold.”  City Administrator Kuntz said, “We capped at $250,000 to be consistent with the FDIC insurance because that’s all they will insure.”

Alderman Harder asked about the summary of cash balances, under Administrative Support expenses. There is a large increase.  It went from $400,000 to $3 million.  City Administrator Kuntz said this was going to be the computer software upgrade and the partial payoff of the C.O.P.S.  Finance Officer Loehr agreed that this is correct.  This was not budgeted for 2011. 

Alderman Finley asked that the policy manual changes be brought back for discussion at the next meeting to get Aldermen Boerner and Fleming’s comments. 

City Administrator Kuntz said that he talked with Alderman Fleming and he didn’t have any questions about the changes. 

Alderman Dogan asked why delete the automatic rebid of service contracts every 3 years.  City Administrator Kuntz said this was changed because some contracts run for longer than 3 years.  Alderman Dogan asked if the Board will have to do comprehensive review of the contracts.  City Administrator Kuntz said no.  When the contract is awarded, it is for a fixed period.

A motion was made by Alderman Terbrock and seconded by Alderman Finley to amend the policy as recommended.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

STAFF REPORTS

Rojean Drive:  City Administrator Kuntz said, “The original numbers were not accurate because they were provided to us by a neighboring community on a preliminary basis.  It has been verified that the actual portion of the project for which reimbursement is requested was $11,815.  That was for 17% of the total that was the actual amount that was incurred for engineering.”

Alderman Terbrock said, “I’m not inclined to spend money that another city tells us we need to spend.  I’m inclined to know what I’m spending it on for my city.” 

City Engineer Kramer said, “Based on the engineering plans that I was given that were prepared by an engineering firm, our portion of the total is 17%.  The distance is over 200 feet.  The City limits is the west property line of the corner lots at New Ballwin and Rojean.  When we take into consideration that portion from the city limits to the edge of the New Ballwin Road pavement that represents 17% of the total project for which the engineer prepared drawings.  Even though the original estimate numbers are wrong, the percentage is correct.  Whatever error they made, it was not in the city’s portion and the overall project.  I verified it.  It is 17% of the over all project.” 

City Engineer Kramer said, “The drawings that I verified with Mr. Aiken, who is familiar with the city boundaries, it is the rear property line.  It’s 200 feet west of the right-of-way line of New Ballwin Road, plus a distance to get to the edge of the pavement.”

Alderman Harder said this figures up to about $320 a linear foot.  Is that in keeping with this kind of project?  Mr Kramer said perhaps.  “We don’t know what the cost of construction will be because it hasn’t been bid yet.  Our cost will be $11,815 for engineering.  The sewers will be reviewed by MSD.  The north side of Rojean, west of New Ballwin will have bio-detention.  It will look like grass depression with filtering material underneath that will satisfy the water quality requirement of MSD.  Otherwise, we would have about a $100,000 structure that’s half the size of a bedroom that would have to be built.  Using grass is a lot cheaper.  The pavement will be the same.  When bidding it for construction, they will do an itemized material list within our portion – so many feet of pipe, manholes, catch basins, curb and gutter and asphalt.” 

A motion was made by Alderman Finley and seconded by Alderman Leahy to authorize payment of our portion for engineering for Rojean Drive.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS
None.

Adjourn:  A motion was made by Alderman Terbrock and seconded by Alderman Finley to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:05 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC