Board of Aldermen Meeting

Meeting Agenda

CITY OF BALLWIN
BOARD OF ALDERMEN MEETING
January 28, 2013 - 7:00 p.m. 
300 Park Drive, Donald “Red” Loehr Police & Court Center

1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. Approval of Minutes: January 12, 2013 Board Retreat January 14, 2013 Board of Aldermen meeting

5. Proclamation: None.

6. Pending Issues: None.

7. Citizen Comments

8. Public Hearing: None.

New Business:

9. Legislation Next Ordinance # 13-04

     A. Bill # 3773 Used Firearms
     B. Bill # 3774 Antiques and Consignment
     C. Bill # 3775 Tall Timbers Meadows Dr.

10. Consent Items 

     A. Carnival Rides
     B. Double Fine Zones

11. Mayor’s Report

12. City Administrator’s Report 

     A. Legal Services
     B. Holloway Culvert Engineering

13. Staff Reports

14. City Attorney’s Report

15. Aldermanic Comments 

16. Adjourn

NOTE: Due to ongoing City business, all meeting agendas should be considered tentative. Additional issues may be introduced during the course of the meeting.

CLOSED SESSION: Pursuant to Section 610.022 RSMo., The Board of Aldermen could, at any time during the meeting, vote to close the public meeting and move to closed session to discuss matters relating to litigation, legal actions, and/or communications from the City Attorney, as provided under Section 610.021(1) RSMo., and/or personnel matters under Section 610.021(13) RSMo., and/or employee matters under Section 610.021(3) RSMo., and/or real estate matters under Section 610.021(2) or other matters as permitted by Chapter 610. 

---

BOARD OF ALDERMEN MEETING BRIEFS
January 28, 2013 - 7:00 p.m.
300 Park Drive – Donald “Red” Loehr Police & Court Center

www.ballwin.mo.us

This is a condensed summary of the action items which will be considered at tonight’s Board Meeting. It has been prepared to give you a greater understanding of the issues which will be discussed. If you have comments, questions, or concerns, please call (636) 227-8580. If you would like to know more about the programs or services which we provide, please dial our 24-Hour Information Line (636) 207-2300, or visit us on the web at www.ballwin.mo.us.

CITIZEN COMMENTS

If you wish to address the Board during this meeting, please fill out the “Citizen Comments: To Address the Board of Aldermen” form and place it in the tray on the table in the center of the Board Room before the meeting begins. Topics of a global nature, such as requests for ballot initiative endorsements, should be submitted in writing to the City Clerk at 14811 Manchester Road, prior to the meeting.

Please limit your comments to 3 minutes as an individual and 5 minutes representing a group. Please avoid repeating comments others have already made.

Thank you for your cooperation.

MINUTES
The Minutes from the January 12 Board Retreat and the January 14 Board of Aldermen meeting are submitted for approval.

USED FIREARMS (Bill 3773) 

This issue was considered by the Planning and Zoning Commission, where it was unanimously approved.

MARLOT ANTIQUES & CONSIGNMENT (Bill 3774) 

The petitioner has requested a Special Use Exception to allow the operation of a business for the sale of antiques and consignment items in Claymont Plaza. The Planning & Zoning Commission voted unanimously to recommend approval.

TALL TIMBERS MEADOWS (Bill 3775) 

The purpose of this legislation is to accept this street for public maintenance.

CARNIVAL RIDES 

It is recommended that this contract be renewed with Miller Spectacular Shows under the same terms and conditions as 2012.

DOUBLE FINE ZONES 

An annual report has been drafted as required by ordinance.

LEGAL SERVICES 

Authorization to enter into an agreement with the firm of Lewis Rice for the purpose of creating a Manchester Road Development District is requested.

HOLLOWAY CULVERT ENGINEERING 

It is recommended that this contract be awarded to Access Engineering in an amount not to exceed $77,463.

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
January 28, 2013

The meeting was called to order by Mayor Pogue at 7:00 p.m.

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

The Pledge of Allegiance was given.

MINUTES

The Minutes of the January 12, 2013 Retreat session were submitted for approval. Alderman Boerner made the following amendments: Page 4 proposed change from L3 to L7. The number should be 7.25% instead of 7%. He said he also stated that the associated cost of going from L3 to L7 wasn’t said on an annual basis. It should be approximately $2 million in the next 10 years, would be the increased cost. Instead of $100,000 per year, it should be approximately $2 million over the next 10 years.

Alderman Boerner also amended page 4, paragraph 3. He said he didn’t mention “adequate”. It should be “fair and reasonable”. It should not read “fair and consistent with similar programs offered in the private sector”. He asked that this be amended as follows: “Alderman Boerner expressed his position that, at the current factor of 1.25%, the current L-3 retirement program is fair and reasonable without any increase to a factor of 1.50% under L-7. The retirement benefits of the current program equal or exceed most programs offered in both the public and private sector. FERS, the Federal Employees Retirement System, uses a basic factor of 1.0% which increases to 1.1% at age 62 with 20 or more years of service. Retirement benefits for federal employees were reduced in 1986 to make its program more comparable to the private sector. Under L-7, the retirement benefit would exceed retirement benefits under FERS by 40% to 50%. Alderman Boerner was concerned that the movement to the L-7 program would result in long-term employees with 40or more years of service, actually being able to retire with an annual income indexed for inflation in excess of 100% of their annual salary before retirement if Social Security is factored in. He felt that it was against the public conscience to afford public servants greater benefits than the citizens for which they have been employed to serve.” He said he did not say that it was consistent with similar programs offered in the private sector. This amendment will replace paragraph 3.

Alderman Boerner amended the third paragraph from the bottom of page 4. He said instead of “an adequate retirement benefit”, it should be “fair and reasonable retirement benefit”. Benefits from the city already provides a fair and reasonable retirement benefit.

A motion was made by Alderman Boerner, and seconded by Alderman Leahy, to amend the Minutes in accordance with the amendments that he suggested. A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Dogan amended page 4, paragraph 4. He said it should state, “Alderman Dogan expressed concerns similar to those of Alderman Boerner, and felt that the city could not afford to both provide a 3% merit increase for all employees, and also increase the LAGERS benefit from L-3 to L-7.”

Alderman Dogan said that as part of that discussion, there was also questioning. He amended the minutes to also reflect that “There was questioning of the department heads as to what their preference would be, a merit increase or a LAGERS increase.”

A motion was made by Alderman Dogan, and seconded by Alderman Leahy, to amend the Minutes in accordance with the amendments that he suggested. A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Boerner said that he wants to clarify what is going to be stricken out of the Minutes. “Is it going to be rather than putting funds into higher retirement income that would benefit all employees, even those that are not currently paid at a rate below, is considered to be the pay plan. Is that going to replace that or what? That’s not my position.” Alderman Dogan said, “I was stating my position, which was similar to Alderman Boerner, but whatever I said was necessarily reflective of what you believe.”

A motion was made by Alderman Terbrock and seconded by Alderman Leahy to approve the Minutes as amended. A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the January 14, 2013 Board of Aldermen meeting were submitted for approval. Alderman Fleming amended page 2, paragraph 3, that instead of “Alderman Fleming asked”, it should be “Alderman Harder asked”.

Alderman Boerner amended page 7, paragraph 2, changing “but withdrew his motion” to “and withdrew his motion”.

City Attorney Jones amended page 11, paragraph, changing “DSC” to “PSC”, which is Public Service Commission.

A motion was made by Alderman Harder, and seconded by Alderman Fleming, to accept the amendments. A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Finley and seconded by Alderman Leahy to approve the Minutes as amended. A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS
Jaci Winship, Field Representative for Congresswoman Ann Wagner: Ms. Winship said that the Proclamation that was given to Ann Wagner and her family on December 10 is hanging on the wall in her office in Washington, D.C. She said that her St. Louis office is at 301 Sovereign Court, Suite 201. She is looking forward to serving the citizens of Ballwin and in the Second District. Ann was elected to represent her freshman class in leadership, and was appointed to the Financial Services Committee and two sub-committees.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3773 - AN ORDINANCE REPEALING SPECIAL USE REGULATIONS FOR THE SALE OF ANTIQUE OR USED FIREARMS.

A motion was made by Alderman Finley and seconded by Alderman Boerner for a first reading of Bill No. 3773. A voice vote was taken with a unanimous affirmative result, the motion passed and Bill No. 3773 was read for the first time.

Alderman Harder asked is this in any conflict with any city gun show rules? City Attorney Jones said the city doesn’t have any gun show rules. The reason we are deleting this particular section is because there is a provision in the permitted uses section that allows for the sale of used merchandise in conjunction with new merchandise. It arguably makes the sale of used firearms, as well as any other used items, permitted use, as opposed to a special use. The permitted use would always control over the special use. To clear it up, we’re deleting a section from the special use portion of the zoning ordinance.

Alderman Harder asked if there was a provision that stated it had to be a certain percentage of sales? City Attorney Jones said it still is, and can’t exceed 25% of their normal sales. The sales tax on used items is the same as on new items.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a second reading of Bill No. 3773. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3773 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3773 with the following results:
Ayes – Fleming, Leahy, Terbrock, Harder, Boerner, Dogan, Finley, Kerlagon. Nays – None. Bill No. 3773 was approved and became Ordinance No. 13-04.

BILL # 3774 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO KENNETH E. MAROLT FOR OPERATION OF AN ANTIQUES AND CONSIGNMENT STORE AT 15457 CLAYTON ROAD.

A motion was made by Alderman Boerner and seconded by Alderman Leahy for a first reading of Bill No. 3774. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3774 was read for the first time.

Alderman Harder asked for confirmation that this is truly an antiques and consignment store, not a thrift store, and will be a tax collecting entity? City Administrator Kuntz said that is correct. Mr. Marolt said that this store also has home furnishing and accessories for sale.

A motion was made by Alderman Kerlagon and seconded by Alderman Boerner for a second reading of Bill No. 3774. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3774 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 is absent.

A roll call was taken for passage and approval of Bill No. 3774 with the following results:
Ayes – Kerlagon, Boerner, Dogan, Finley, Leahy, Terbrock, Harder, Fleming. Nays – None. Bill No. 3774 was approved and became Ordinance No. 13-05.

BILL # 3775 - AN ORDINANCE ACCEPTING TALL TIMBERS MEADOWS DRIVE FOR PUBLIC MAINTENANCE, AS PROVIDED FOR IN THE CODE OF ORDINANCES OF THE CITY OF BALLWIN.

A motion was made by Alderman Finley and seconded by Alderman Terbrock for a first reading of Bill No. 3775. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3775 was read for the first time.

Alderman Harder asked about the forfeited escrow, $39,882.21, with $9,842.83 being used for street paving and sidewalks. He asked how is the rest of the escrow being used. City Engineer Kramer said a builder in a neighboring development used a lot as a staffing area. Our intention is to hold these funds as long as necessary to insure that the lot is restored in a proper way. The funds can be used for this purpose to make sure everything is finished outside of the right-of-way. City Administrator Kuntz said the unused balance will go to the bank that provided the funds. If that’s not possible, the funds will go to the State as unclaimed property.

A motion was made by Alderman Terbrock and seconded by Alderman Finley for a second reading of Bill No. 3775. A voice vote was taken with a unanimous affirmative result and the motion passed. Bill No. 3775 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3775 with the following results:
Ayes – Terbrock, Finley, Leahy, Boerner, Kerlagon, Fleming, Harder, Dogan. Nays – None. Bill No. 3775 was approved and became Ordinance No. 13-06.

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. Carnival Rides (Ballwin Days 2013 – Authorizing Chairmen to sign contract with
Miller Spectacular Shows, Inc.)
B. Double Fine Zones Annual Report (2012 Annual Report submitted for approval.)

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

MAYOR’S REPORT
Mayor Pogue said in the past week, Wendy’s and Jet’s Pizza opened for business. Tide Dry Cleaning had a ribbon cutting and donated a car to a local veteran.

Electronics Recycling drop off will be held on February 16, from 8:00 a.m. – noon, at the North Pointe. The October event was very successful. Over 13,000 pounds of electronic devices were collected.

Ballwin Athletic Association has finalized their agreement with St. Louis Boys Baseball Association. The City of Ballwin will be co-hosting the event again this year with the BAA, from August 2 – August 11.
Mayor Pogue asked for a report on the progress of Missouri American Water Company on Ries Road. City Engineer Kramer said they are just about finished with the new service taps. After that, the pavement will be repaired in a permanent manner. Due to the temperature, they cannot put down permanent asphalt this time of year. All of the temporary asphalt will be removed, which is a cold patch, and permanent hot asphalt will be put down. Some curb and gutter and sidewalk will also be replaced.

Alderman Harder asked for City Engineer Kramer to check on the work on Hickory View, where it was dug up for the new water main. It has now settled and will need sod to bring it to grade.

CITY ADMINISTRATOR’S REPORT
Legal Services: City Administrator Kuntz said there are details that need to be finalized with this proposal before it is presented to the Board. This will be on a future agenda. Mayor Pogue said that if anyone on the Board has any comments on this agreement for legal services, to please let him know. This will be discussed with the Mayors of the Great Streets, and hopefully there will be an updated version at the next meeting.

Holloway Culvert Engineering: City Administrator Kuntz said this is a negotiated professional service contract. This is the first phase of the Holloway Culvert rehabilitation project. We have received a grant for the project. The engineering phase is covered as a cost. There should be no right-of-way acquisition at this time. With Board approval, we will proceed with engineering.

Alderman Finley said on page 2 of the agreement, Article IV, Item E, “designate a Local Agency’s employee to act as Local Agency’s Person in Responsible Charge”, will this be City Engineer Kramer? City Engineer Kramer said yes. This is a federal requirement. It cannot be a part-time person or a consultant. It has to be a full-time employee.

Alderman Boerner asked if City Attorney Jones has reviewed this agreement and has any comments? City Attorney Jones said that this is the final version of the contract. He had 5 or 6 requested changes that were made.

A motion was made by Alderman Fleming, and seconded by Alderman Finley to approve the recommendation for Holloway Culvert Engineering. A voice vote was taken with a unanimous affirmative result and the motion passed.

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT
Breezeview Case: City Attorney Jones said that the appeal was not filed in a timely fashion. He filed a motion to dismiss. Mr. Young filed a motion for an extension of time, and was granted by the court until the end of February.

Kimball Lawsuit: Two of the insurers, Moperm and Merma, have agreed to defend their cities, while the SLAIT cities have received a declination of no coverage. We will at least be able to provide some joint representation for the eleven cities that his firm represents, and others are contacting them at this point. He said he is also looking at drafting and sending a letter to the cities insurer, which is Allied, in which all of the SLAIT cities have Allied. The letter will be sent to Allied to call into question their declination of coverage, because at a minimum, they should have been providing a defense.

City Administrator Kuntz said, in light of what the western side of the state is doing, we can use renewed pressure in that regard. He said he will do this from the Board’s standpoint.

City Attorney Jones said he is still trying to see if the St. Louis County Municipal League and the State League would be willing to use some of the funds that it amassed as part of the settlements with the cell phone companies to help pay for a defense. We don’t have a final decision on this at this time.

ALDERMANIC COMMENTS

Compensation: Alderman Boerner asked if the compensation issue is going to be on the next Board meeting agenda? Mayor Pogue said that it was recommended for the Board to meet in a special meeting, but no date has been set.

Alderman Boerner said he would like to see a complete analysis of the other 51 employees, in terms of how they are related to the minimum and maximum compensation within their range.

A motion was made by Alderman Boerner, and seconded by Alderman Harder, that before compensation is discussed, that staff complete the analysis of the other 51 employees, similar to the analysis that was done on the 89 employees. A voice vote was taken with the following result: Aye: Boerner, Kerlagon, Leahy, Harder, Dogan, Finley, Terbrock. Nay: Fleming. The motion passed by a vote of 7-1.

Pension: Alderman Boerner said, with respect to the pension, he did an additional analysis. It compared the number of cities that required employees to contribute to the plan. He said 4 out of 10 cities do require contributions by the employees. He said that in the total contribution to the plan, 6 out of 10 cities provide a greater contribution in total than Ballwin does. That can be misleading because when you factor in the cities that require a contribution by the employees, 6 out of 10 cities contribute an amount approximately equal to Ballwin or less. That puts us at the top, around 60% that the city contributes.

Alderman Boerner said that Town & Country requires their employees to contribute 4% to the plan. We would be on an equivalent basis with Town & Country in terms of the contribution by the City itself. City Administrator Kuntz asked, is that the same level plan? As the LAGERS representative pointed out, it starts at the L-3 and goes up to L-11. Town & Country is in the LT-14 plan. Since Town & Country is at the LT-14 level, and we are at the L-3 level, that’s not comparing apples to apples. Alderman Boerner said the employees at Town & Country contribute 4%. That brings it down close to what the city is contributing. If we want to go to LT-14, and the employees want to contribute 4%, he will be in favor of this. City Administrator Kuntz said this is the first time this option has been presented. Alderman Boerner said prior to the last discussion, he had not done this analysis.

City Administrator Kuntz said that the question that was raised at the work session, and he was surprised to see the motion take place at the work session because this is usually reserved for discussion, was raised, would you favor a 3% merit increase or an increase in the pension benefit. He said he recalls making the comment that he doesn’t think most employees would find it economically favorable to contribute 4% to get a 3% salary increase. It’s a whole new scenario if its giving up 3% to get the LT-14 level. That’s not the same as a 3% raise and a 4% contribution to go to L-7. He said L7 is minor compared to the L-14.

Alderman Boerner said he is not suggesting a 4% to go to L-7. City Administrator Kuntz said he thinks the representative said that if the employees contribute anything, it’s a 4% minimum. You can’t slice it into different pieces. It had to be 4% or nothing.

Alderman Boerner said it was his understanding that the employees were not in favor of contributing. The vote was that we are not changing to the L-7. He said the reason he suggested this at the work session was because he wasn’t sure we were going to get where we need to be, and this is the fundamental decision that needed to be made before discussing the compensation.

City Administrator Kuntz said that all he has to go on is the motion that was approved by the Board, which was that there would be no adjustment in the pension benefit. That’s the only action that was taken at the meeting.

Pay Plan: Alderman Harder asked about a special meeting for discussing compensation. City Administrator Kuntz said that since the pension is off the table, discussing the 3% compensation, which has been budgeted, won’t require a special meeting for discussion. The pay plan discussion will require more time.

Mayor Pogue said that perhaps the Board can be notified when staff has completed the additional analysis regarding the pay plan before a meeting date is set for this review. City Administrator Kuntz said that he will inform the Board on the progress at the next Board meeting.

Entry into Wendy’s: Alderman Terbrock asked about the entry-exit sign that was knocked down, but has now been replaced. Assistant City Administrator Aiken said the traffic is not supposed to come out onto Manchester Road at this location. Mayor Pogue asked if he is talking about the Manchester Road curb cut at the front of the building that allows access onto the street that will be between Wendy’s and U-Gas? Alderman Terbrock said he is concerned about drive through exiting traffic not being able to turn into the internal roadway to go north. Assistant City Administrator Aiken said that traffic wasn’t envisioned as making that maneuver. The traffic was to exit the drive-through by continuing on around the parking lot and make a left onto the north interior roadway and out to Seven Trails Drive. Under the current plan, they would have to redesign the U-Gas site in order to make any change. There’s no room on the Wendy’s site, and may not be any room on the U-Gas site. Alderman Terbrock said that since there’s going to be a median, it could be moved a couple of feet. Mayor Pogue said there may be plantings also in the plan. Alderman Terbrock said that relieving congestion coming in and out is more important. He would like to see this discussed and reconsidered in the plans.

Building Codes Enforcement: Alderman Harder said due to the length of the Retreat, the code enforcement was not discussed. He asked that this be on the February 11 Board meeting agenda. City Administrator Kuntz said that this will be on the next agenda. Towards the end of the growing season last year, the Board made an ordinance amendment that the City Attorney drafted. We haven’t had a lot of time to test this legislation.

Adjourn: A motion was made by Alderman Fleming and seconded by Alderman Boerner to adjourn. The motion passed unanimously and the meeting was adjourned at 7:50 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC