Board of Aldermen Meeting

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Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
April 9, 2012

The meeting was called to order by Mayor Pogue at 7:04 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 March 26, 2012 Board of Aldermen meeting and closed session 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.

PRESENTATION
Refuse Collection Contract – Allied Waste:  Mr. Tony Lamantia, Municipal Account Manger with Allied Waste, 12976 St. Charles Rock Road, Bridgeton, Missouri.  Mr. Lamantia presented an offer to extend the current solid waste contract.  He said that automation is the goal.  Three different size carts will be offered:  35 gallon, 65 gallon, and 90 gallon.  Presently, the cost for monthly service with a cart is $20.03.  This will be the cost for the 65 gallon container/cart; the 90 gallon container will be $22.03; the 35 gallon will be at the senior rate of $18.03.  People choosing to have less trash and to recycle more will have a lower price on the solid part of the contract.  New environmentally friendly trucks will be used that are powered by natural gas.  A station will be built in Bridgeton, Missouri, to fuel the vehicles.  The trucks should be on the routes by year-end.  This will result in cost savings to the City of Ballwin residents.  Year one of the new contract will be a 2% increase.  The CPI shows that all urban consumers for the last 10 years had a 2.4% increase.  On trash, water, and sewer, the average was a 5% increase.  Year three would be 0% increase; year four, a 2% increase; year 5, 0% increase; year 6, 1.5% increase; year 7, 2% increase; year 8, 0% increase, year 9, 2% increase; year ten, 2% increase.  It’s unknown what will happen with the cost of diesel fuel or natural gas. 

Mr. Lamantia said the current containers being rented under the current contract is $3 per month.  This charge would be eliminated.  There will be no more container rental charges.  Yard waste containers can be rented.  The trash, recycling, and yard waste pick ups would go back to being all on the same day.  There would be three trucks used for these pickups, but would only be on the Ballwin streets the one day. 

The leaf vacuuming roll-off containers will continue to be provided at no cost to the City.  If there is a storm, the debris can be removed for $110 per haul, $32 per ton for the disposal.  If other hauler prices are compared, this price is the best. 

The contract provides that diesel fuel goes up over $5 or something happens with the natural gas vehicles and diesel fuel must be used again, it gives Allied the option to discuss this with the Board.  Nothing else is added to the contract. 

Right now, there are 40 accounts in Ballwin that are using the twice-per-week pick up service.  These people are not recycling.  Forty out of 9,800 is a small amount.  The twice-per-week option needs to be discontinued and for everyone to recycle.  That is the main purpose for the changes in the service.  Allied will send out information to the residents to inform them of all changes and to educate the people on recycling.  If someone is recycling, the 35 gallon trash container will be sufficient for most people.

Mayor Pogue asked will people still be able to use the yard waste bags instead of renting a container?  Mr. Lamantia said yes. 

Alderman Terbrock asked how soon will the alternative fuel be used?  Mr. Lamantia said they have the money this year to begin construction of the facility, including purchasing the trucks.  The trucks should be in use by the end of the year. 

Alderman Harder asked about the recycle bins.  Mr. Lamantia said at this time, everyone has a 65-gallon cart for recycling, that can be upgraded to a 95-gallon cart at no charge. 

City Attorney Jones said the contract provides for removal and disposal of the leaf vacuum materials that the City scoops up, and there is a limitation of 234 loads in the proposal.  Would the limitation be eliminated and Allied would haul everything the City vacuums up?  Mr. Lamantia said that there have never been that many loads.  City Administrator Kuntz said this was an arbitrary number that was previously established.  We have never crossed that threshold.  Survey data is being requested from other cities.  Ballwin has a unique contract in that there is an obligation of leaf disposal.  If this was not included in the current agreement, the leaf program would be very difficult, challenging, and not cost effective. 

Alderman Finley asked why Allied wants to pick up everything in one day?  Mr. Lamantia said there are 132 routes that have to be averaged out over five days.  All pick up on the same day will mean less time on the Ballwin streets.  There will still be three trucks, but all on the same day. 

Alderman Harder asked if Mr. Lamantia will be agreeable to a Public Hearing for the Ballwin residents to express their position or ask questions?  Mr. Lamantia said yes. 

Mayor Pogue asked if a household had a special event and had additional trash other than what would fit into the container, will the extra trash be picked up?  Mr. Lamantia said yes.  If this happened at a specific address on a regular basis, a second container would be offered to that resident for $5. 

City Administrator Kuntz said that the current contract expires in 2015.  Why is this proposal being made at this time?  Mr. Lamantia said the recycle volume is very good in Ballwin.  The average is between 8-9 pounds per home.  The intent is to increase that volume and reduce the volume going to the landfill.  The vehicles cost about $300,000 each.  Allied Waste needs to know what Ballwin will do in ordinance to know if the vehicles should be purchased.  Alderman Terbrock asked if Ballwin is a big part of making that decision?  Mr. Lamantia said that the City of Ballwin is a very big part of that decision. 

Alderman Terbrock asked about items set outside of the carts and will they also be picked up?  Mr. Lamantia said they would like for everything to be inside the container.  In the City of O’Fallon, if any items are not inside the cart, the driver does not pick it up.  Allied Waste is not going to do that, but items being inside the cart will allow for the automated arm to pick up the cart.  This will also allow for Allied to keep drivers until they are 65 years of age and be able to retire from the company.  This is the goal, and the drivers do a great job.  For most, after a certain age, it becomes difficult to get out of the truck, pick up and throw the trash manually into the truck.  If something occasionally is not in the container, that’s understandable. 

City Administrator Kuntz said that it’s his understanding that there are no other changes to the existing contract.  Allied Waste will continue to pick up white goods and bulky items.  Mr. Lamantia said yes.  City Administrator Kuntz said this contract contains a couple of amendments and extends the contract.  The services that Allied is currently provided will continue.  Mr. Lamantia said yes. 

Mayor Pogue said with the current contract, a 65-gallon cart, the service is $20.83 monthly with a 4% increase every year thereafter until 2015.  Under the new contract, starting January, 2013, the 65-gallon container monthly service would start at $20.03, and the increase would be 2% the first year, 0% the second, and will take quite a few years to reach the rate that is in the current 2015 contract.

Alderman Fleming asked when a resident moves and the new resident wants a larger container, will this be easily changed?  Mr. Lamantia said yes, and that will be done within a week. 

Alderman Fleming asked about disposal of televisions.  Mr. Lamantia said that “E-waste” has been banned from the Illinois landfills, which is where Allied takes the waste from the transfer station in Bridgeton.  He recommended a phone call to schedule this type of pickup.  A television should not go into the landfills because it doesn’t decompose.  Alderman Fleming said he called Allied about this and was told that electronics are not picked up anymore.  Mr. Lamantia said this is being picked up, but needs to be called in and scheduled. 

Alderman Dogan asked what will happen if Allied later on determines that they made a mistake and are not charging the right percent increase rate, and had to ask this Board for an additional increase?  Mr. Lamantia said that as long as there is a signed contract, Allied Waste will abide by the increases and will not come back and ask for more money. 

Alderman Terbrock asked if there is a tracking method to determine who is using the service and who is not, and should the driver pick up the trash?  Mr. Lamantia said they don’t track participation.  They track the pay list.  If people are not paying, they are placed on a suspend list.  The driver checks that list only.  If an address is on the suspend list, the trash will not be picked up at that location.  City Attorney Jones said that all residents are required to have trash service.  City Administrator Kuntz said this is worked with on a case-by-case basis.  It’s not as much of an issue as in some communities.  Generally, if an address is on the suspend list, there are usually other issues as well.  There was one case where there was an eviction and Allied took the items from the curb after the prescribed time period. 

Alderman Fleming said that there are only a couple of haulers that can handle a city the size of Ballwin.  Allied Waste is very cost competitive and have provided good service for many years.  He said he would like to see the report from the Municipal League before the next meeting.  He sais he has no objection to moving forward with the proposal. 

A motion was made by Alderman Fleming and seconded by Alderman Terbrock to hold the Public Hearing at the April 23 Board meeting and to draft legislation.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Proclamation:  National Day of Prayer:  Mayor Pogue presented Lois Linton and Barbara Botts with a Proclamation for the 61st Annual National Day of Pray on May 3, 2012. 

PENDING ISSUES
None.

CITIZEN COMMENTS

Beth Miller, 152 Lucerne Place:  Mrs. Miller asked that the Ballwin Code of Ordinances be amended to allow for backyard chickens.  She said some of the communities in St. Louis that allow backyard chickens are:  Clayton, Ladue, Maplewood, Shrewsbury, Richmond Heights, Kirkwood, Creve Coeur, the City of St. Louis, and most recently, Ellisville.

Mrs. Miller provided the following information:
1) Most of these cities place a “no rooster” restriction on owners.  She asked for the permission for single-family dwellings to keep backyard chickens, specifically hens, with a restriction that no roosters are allowed.  The eggs produced by these chickens are to be for personal consumption, not for commercial endeavor.

2) Most cities place a restriction on the number of chickens allowed, from 4 in Ellisville, to 8 or 12 in Creve Coeur, depending on the lot size.  She asked for permission to keep backyard chickens based on lot size, from 4 chickens on lots up to 3,500 square feet, with an additional hen allowed for each 2,500 additional square feet, up to 12 hens total.  This is a compromise between Creve Coeur’s ordinance and Ellisville’s ordinance. 

3) All of these cities require an enclosure for the chickens.  She asked for permission to keep chickens in a coop with at least 3 square feet per hen, with an outdoor run provided, including an additional 10 square feet per hen.  The coop should be located in the backyard, and be kept in a neat and sanitary condition, enclosed with wire netting sufficient to protect the chickens from predators.  The coop should be located 10 feet from property lines with notification of neighbors included as part of the process of acquiring chickens, but their support would not be needed. 

4)  All of these cities require the chickens be maintained in a clean and wholesome manner.  Mrs. Miller asked that chickens be allowed with the stipulation that manure be collected and either removed from the premises, or tilled into the soil or composted on the premises promptly.  Additionally, feed containers should be kept in such a manner as to be rodent-proof. 

Mrs. Miller submitted a petition with 24 signatures from people who live in Ballwin, many of them are her neighbors, who feel that having an ordinance allowing backyard chickens is a good thing and should be permitted in Ballwin. 

Michael Coggin, 431 Madrina Ct.:  Mr. Coggin spoke about the benefits of having chickens in a suburban setting and asked the Board to consider changing the ordinance to allow backyard chickens.  He said some of the benefits are self-reliance and sustainability.  Residents in municipalities grow fruits and vegetables in the back yards.  Having chickens is a natural extension of this, which allows someone to provide for their family with protein that is in eggs.  Another benefit is food quality.  The majority of the eggs purchased at the super market are about a month old.  The USDA considers eggs fresh until after 45 days after they are packed.  Fresh foods taste better.  When the chickens are your own, you know what foods they eat, the conditions they live in and how they are treated.  There’s no need to worry about food safety, antibiotics, hormones and pesticides.  Another benefit is that chickens produce a rich high nitrogen fertilizer, eliminating the need for petro chemical fertilizer in gardens.  Chickens consume organic kitchen waste, which reduces the total amount of household waste that usually goes curbside.  Chickens are excellent at controlling all sorts of bugs from aphids to grubs.  Children can be educated about the source of some foods.  Tending chickens is pleasurable and easier than caring for a dog.  Out of all of these benefits, Mr. Coggin believes that the most important is self-reliance and sustainability with the ability to provide your own food on your property. 

Mr. Coggin submitted a petition of people in his neighborhood who are in favor of changing the ordinance to allow for people to own chickens.  He asked the Board to consider changing the ordinance. 

Ken Miller, 152 Lucerne Place:  Mr. Miller addressed the typical concerns that people have regarding backyard chickens:

Concern #1:  Chickens carry diseases communicable to humans.  Mr. Miller said that bird flu has been in the press as a concern to commercial poultry production where birds are raised in extremely large flocks that are confined in over-crowded environments.  This causes high stress and compromised immune systems in the birds.  Any sign of disease could result in a huge number of birds getting sick.  This isn’t an issue with small-scale poultry environments like backyard chickens.  The Centers for Disease Control (CDC) states on their website:  “There is no need at present to remove a family flock of chickens because of concerns regarding avian flu.”

Concern #2:  Chickens are too noisy.  Mr. Miller said, at their loudest, egg-laying hens have about the same decibel level as human conversation (60 to 70 decibels).  The sound of a barking dog is around 90 decibels. 

Concern #3:  Chickens create extra waste and odor.  A 40-pound dog generates more solid waste than ten chickens combined; and unlike dog or cat feces, chicken feces can be combined with yard and leaf waste to create compost, resulting in a valuable, high-nitrogen fertilizer.  Chickens will eat just about all kitchen scraps, even leftovers that have been in the refrigerator too long and would normally be thrown out.  Composting while having chickens keeps biomass out of municipal trash collection systems, thereby saving tax payer dollars.  Regarding odor, the smell most people associate with chickens comes from commercial chicken houses holding tens of thousands of chickens.  When a backyard chicken coop housing 4-12 chickens is kept clean, odor is not an issue.

Concern #4:  Property values will decrease.  There is absolutely no evidence that keeping pet hens within sensible ordinance guidelines would have any effect on property values.  If property values decreased with backyard chicken keeping, why would major cities like Atlanta, New York, Chicago, Los Angeles, Las Vegas, and Denver support backyard chicken keeping?

Concern #5:  Perceptions by neighbors.  Generally speaking, once neighbors gain an understanding of the advantages of having backyard chickens, most of their prejudice and fear subsides.  Additionally, most families who raise backyard chickens to enjoy fresh eggs, also enjoy sharing their extra eggs with their neighbors, which fosters better neighborhood relations and a stronger sense of community.

Concern #6:  Chickens attack predators, pets and rodents.  Predators are already living in the area.  Bird feeders and baths, gardens, fish ponds, and trash waiting to be collected all attract raccoons, foxes, rodents and flies.  The use of modern micro-flock coops is a means of protecting and managing family flocks to address concerns about predators attacking chickens.  Chickens are voracious carnivores and will eat ticks, fleas, mosquitoes, grasshoppers, stink bugs, slugs, and even small rodents and snakes.

Concern #7:  Chicken coops are ugly and therefore don’t belong on city neighborhoods.  Modern micro-flock coop designs can be totally charming, upscale and even whimsical.  Some of them are architect-designed and cost thousands of dollars.  Common design features in many coops include blending in with the local architectural style, matching the slope of the roof and complementing color schemes.  For examples online, visit MyPetChicken.com .  Locally, Amish-made chicken coops are being sold in Kirkwood that are well-designed and architected, and of high-quality construction. 

Alderman Terbrock said that he has been contacted about this and has been doing research.  In these statements, it was mentioned that the coops should be 3 square feet per hen.  The Virginia Polytec Institute State University Study shows that for chickens, it should be 1.5 square feet.  Why did you double the space in this report?  Beth Miller said that she looked at the ordinances in St. Louis and what was a good average size.  She said that 3 feet is a good number but could be less. 

Alderman Terbrock said that he spoke with people who have backyard chickens.  They seem to think that six is an ample amount.  Some cities are allowing 12 chickens.  He asked if she has had chickens.  Mrs. Miller said she has not had chickens.  Alderman Terbrock said that the people he spoke with said that the egg production was at times overwhelming if there were more than 6 chickens.  Mrs. Miller said that limiting it to a specific number, and not connecting to lot size didn’t make sense to her because some people have small lots and some have big lots, and have the same number.  This either penalizes the person that has a huge lot by limiting them, or telling the person with a small lot that they can have more chickens than they should have.  Creve Coeur starts with 8 chickens and goes up to 12.  Ellisville limits it to a total of four chickens.  If someone has a larger lot, she believes they should be allowed to have more chickens.  She said she went to a meeting in Richmond Heights with a gentleman who has 20 – 25 chickens in his backyard, and has no problem.  She said the number of eggs is consistently 1 per day, and then it tapers off the older they get. 

Mrs. Miller said the City of Kirkwood ordinance is from 1951.  They allow roosters.  They say that as long as it’s not a nuisance to the neighbors, they don’t care.  Richmond Heights limits the number at 5.  They have a neighborhood group in Richmond Heights that teaches people how to raise chickens. 

Alderman Terbrock said that for one gentleman, one of the purposes is to teach children where food comes from.  There are some kids who don’t know that French fries come from a potato that’s grown in the ground.  That gentleman wants his kids to learn that eggs come from chickens. 

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

A RESOLUTION ADOPTING THE TITLE VI-NON-DISCRIMINATION PLAN AND LIMITED ENGLISH PROFICIENCY PLAN.

Mayor Pogue said this will be required regarding the Federal Grant that we are applying for the Holloway Road culvert.  City Attorney Jones said the application was filed approximately March 23, 2012.  East-West Gateway made it clear that each participating sub-grantee must adopt Title VI Non-discrimination Plan and Limited English Efficiency Plan before any Federal funds area committed.  The date of commission will be approximately October, 2012.  City Engineer Gary Kramer assisted in looking at samples from cities and counties throughout the United States.  These documents have been tailored specifically to the City of Ballwin and used data that was available through the census with regard to the limited English population in the City of Ballwin.  The Resolution goes further in that it’s required in federally funded and federally assisted programs.  This Resolution states that the City of Ballwin will assure that these aspects of the Title VI program will be honored whether or not federal funds and federally assisted programs are involved. 

City Administrator Kuntz said we have non-discrimination clauses in the Personnel Manual and other documents.  City Attorney Jones said in the Fair Housing Ordinance, it tracts the language of Title VI of the Civil Rights Act of 1964.  It provides for complaints, and makes the Board of Aldermen the Fair Housing Commission.  Aspects are in several other parts of our ordinances. 

City Administrator Kuntz said that this came as a result of discussions with the staff of the Funding Clearing House, East-West Gateway.  This was the model that the Municipal League was proposing to the membership.  City Attorney Jones said that this document is not a model.  He said he prepared this based on a simulation of several different sources.  The Municipal League has not presented a model, even though we asked for one. 

City Attorney Jones said that the City of Manchester has a plan which is 1½ page in length.  He sent it to East-West Gateway and asked if we could adopt something like it.  They would not give the go-ahead to do that.  They were looking for something more comprehensive.  These documents are my recommendation.

Alderman Terbrock asked if this is necessary in anything that goes along with the Great Streets Initiative if more Federal money was to funnel down?  City Attorney Jones said yes.  This is not anything new.  It’s been part of the law for 50 years.  City Administrator Kuntz said that it’s new that they are connecting it to Grant applications.  City Attorney Jones said that in doing research online with other states and counties, some of the programs have been in effect for ten years or more.  It’s a situation where Federal Highway Assistance funds are available.  That’s the biggest single repository of federal funds.  We receive a sub-grant fee.  St. Louis County probably should have been looking for this same kind of compliance all along, but didn’t.  This will satisfy the Federal Highway Administration requirements.  It has the regulatory assurances that are required.  If the Federal Highway Administration can be satisfied, it will satisfy all of the federal funding. 

Alderman Harder asked what is going to be our obligation on a day-by-day basis?  He said it sounds like we will have to provide reasonable accommodation for language and translation.  Could this cost Ballwin money to comply?  City Attorney Jones said that, according to the 2010 census, due to the small number of people who answered that they spoke English less than well, that reside in the City of Ballwin, it doesn’t seem that there will be a significant impact.  Looking at the Title VI plan, there’s some language on page 2 of the plan that needs to be included in our proposals for any Public Works contracts.  Exhibit A of the Title VI Non-discrimination Plan contains additional language that may need to be included in specific contracts, depending on the nature of the federal funds.  There is a complaint form and procedure.  The Limited English Proficiency part of the plan is more detailed.  That’s why it’s a separate document. 

City Attorney Jones said that what the Board will be adopting, if this Resolution is approved, is that there will be publications available for people, advising them of their rights and with advance notice of seven calendar days, the City of Ballwin will provide interpreter services at public meetings.  It’s not that someone could walk in and immediately demand an interpreter, and we would have to stop a public meeting to provide the service.  He said that is not what the law requires. 

Alderman Harder said that because our language of government in the State of Missouri is English, which was voted on a couple of years ago, that includes municipalities.  He said that we don’t have to change our daily business of running the city in order to accommodate five different languages.  City Attorney Jones said that is correct.  This is more of an exception than a day-to-day operation.

A motion was made by Alderman Terbrock and seconded by Alderman Dogan to adopt the Resolution as presented.  A roll call vote was taken with the following result:  Aye:  Finley, Kerlagon, Fleming, Harder, Terbrock, Boerner, Dogan, Leahy.  Nays:  None.  The Resolution was approved.

BILL # 3737 - AN ORDINANCE AUTHORIZING THE CITY OF BALLWIN TO ENTER INTO AND EXECUTE AN EASEMENT DEED WITH SEVEN TRAILS INVESTORS, LLC FOR CERTAIN PROPERTY AT SEVEN TRAILS DRIVE AND MANCHESTER ROAD IN CONNECTION WITH THE DEVELOPMENT THEREOF AND AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF BALLWIN TO ENTER INTO SUCH DOCUMENT ON BEHALF OF THE CITY OF BALLWIN.

A motion was made by Alderman Fleming and seconded by Alderman Leahy for a first reading of Bill No. 3737.   A voice vote was taken with a unanimous affirmative result, the motion passed and Bill No. 3737 was read for the first time.

Alderman Harder said that as clarification, the Board is being asked by the apartment complex to share space on Ballwin’s new sign.  City Attorney Jones said that there are three aspects involved in this request.  The easement deed would allow Madison at Seven Trails to affix their sign to our proposed monument sign, and will eliminate two monument signs that Madison at Seven Trails now has on the property that abuts the new U-Gas development.  As part of that agreement, Madison at Seven Trails will participate in the construction of a retaining wall along Park Drive down and adjacent to Seven Trails to replace the rotting tie wall.  In addition, they will convey the portion of the parking lot, which is across the street from the tie wall that is actually on their property, but we are using it as a parking lot.  It will clear up an encroachment problem that we have in the park.  That’s what the letter of agreement states.  A vote in favor of this would approve the execution of the sign easement agreement, as well as the letter agreement.  We will get the deed back and get it recorded.  That gives the City all the property where the parking is located. 

Alderman Harder asked if they are going to help with the creation and building of the new sign, or is it rental space?  City Administrator Kuntz said that they will pay for the construction; and because a separate meter cannot be installed, that cost will probably be rolled into ours. 

Assistant City Administrator Aiken said that Madison at Seven Trails will pay the cost of its sign panel creation and installation.  It is not economically reasonable to require a second electrical meter for its portion of the sign, so, the illumination cost of the whole sign will be Ballwin’s.  This will be nominally different from what Ballwin is presently paying to light this sign.

Alderman Harder asked if there are any legal problems with sharing a municipality sign with a private entity.  City Attorney Jones said that he does not think it’s a problem.  It eliminates a bigger problem.  There were two non-conforming signs that will be eliminated.  Our sign code does not permit off-premise advertising in the City of Ballwin.  Those two signs were off their premise in advertising the apartment complex.  The easement is their right to maintain the sign.  Alderman Harder asked if the sign gets hit by a car or is damaged by hale, who is responsible for the repair?  City Attorney Jones said that it’s his understanding that they would have to pay a proportional share if the entire sign had to be replaced, perhaps 1/3 of the cost.  City Administrator Kuntz said that this is a separate panel, but it appears to be one sign. 

Alderman Terbrock believes that the arrows on the sign should be removed. 

Alderman Fleming said that there doesn’t appear to be anywhere else to place a sign.  Assistant City Administrator Aiken said that originally, the sign could not be made bigger because it wasn’t structurally capable of accommodating an additional area.  As this project evolved and it became clear that the sign had to be moved, it becomes possible to make it one sign instead of two signs at the same location.  This makes it cleaner and more aesthetically pleasing.  City Attorney Jones said that a two-sign configuration was approved by the Board in February, 2012.  Assistant City Administrator Aiken said there is room for a second sign, north of the current Ballwin sign.  The Board approved an easement to allow that sign, but that will no longer be necessary if this is approved.  City Administrator Kuntz said that two signs side by side is not an ideal approach to this request. 

Alderman Dogan said he wants to be sure that the content of any electronic sign will be controlled by the City.  City Attorney Jones said that it would always be controlled by the City. 

Alderman Harder asked what would happen if there is a change of ownership of Madison at Seven Trails and they want a bigger sign or a separate sign?  City Attorney Jones said that there would not be another opportunity to put up another sign.  The sign easement agreement describes a panel on the City’s sign.  They could not use a larger panel unless we made ours smaller, and that’s not going to happen. 

Alderman Terbrock said he likes the combination of the signs.  It’s a clean look.  Alderman Finley said he agrees.  It’s uncluttered, and the City controls the digital message. 

Alderman Fleming said he does not like the combination of the signs, but there doesn’t seem to be a better way to do this.  From a practical standpoint, he said he will support this approach. 

A motion was made by Alderman Fleming and seconded by Alderman Leahy for a second reading of Bill No. 3737.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3737 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3737 with the following results: 
Ayes – Fleming, Leahy, Terbrock, Boerner, Kerlagon, Dogan, Harder, Finley.  Nays – None.  Bill No. 3737 was approved and became Ordinance No. 12-14.
BILL # 3738 - AN ORDINANCE AMENDING THE NEIGHBORHOOD COMMERCIAL OVERLAY DISTRICT APPROVED PER ORDINANCE 10-21 FOR CERTAIN LAND COMMONLY KNOWN AS 785 HENRY AVENUE IN THE CITY OF BALLWIN.

A motion was made by Alderman Fleming and seconded by Alderman Kerlagon for a first reading of Bill No. 3738.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3738 was read for the first time.

Alderman Fleming said this is a change in the number of units by one, and was unanimously approved by the Planning & Zoning Commission. 

A motion was made by Alderman Terbrock and seconded by Alderman Finley for a second reading of Bill No. 3738.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3738 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3738 with the following results: 
Ayes – Terbrock, Finley, Dogan, Kerlagon, Fleming, Boerner, Leahy, Harder.  Nays – None.  Bill No. 3738 was approved and became Ordinance No. 12-15.

BILL # 3739 - AN ORDINANCE REPEALING ORDINANCE NO. 11-55 AND ESTABLISHING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY, AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE AND THE DEMOLITION OF SUCH STRUCTURES: KNOWN AS THE (2006 EDITION) RESIDENTIAL CODE.

A motion was made by Alderman Kerlagon and seconded by Alderman Terbrock for a first reading of Bill No. 3739.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3739 was read for the first time.

Mayor Pogue said approval will roll the International Building Code back to the 2006 edition. 

A motion was made by Alderman Boerner and seconded by Alderman Kerlagon for a second reading of Bill No. 3739.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3739 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3739 with the following results: 
Ayes – Boerner, Kerlagon, Leahy, Fleming, Harder, Dogan, Finley, Terbrock.  Nays – None.  Bill No. 3739 was approved and became Ordinance No. 12-16.

BILL # 3740 - AN ORDINANCE REPEALING ORDINANCE NO. 11-56 AND ESTABLISHING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY, AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE AND THE DEMOLITION OF SUCH STRUCTURES: KNOWN AS THE (2006 EDITION INTERNATIONAL) BUILDING CODE.

Alderman Harder asked if there are any violations pending issues since November that needs to be changed?  City Attorney Jones said he’s not aware of any pending court violations that is being prosecuted under the 2012 codes.  Assistant City Administrator Aiken said nothing is pending. 
A motion was made by Alderman Boerner and seconded by Alderman Harder for a first reading of Bill No. 3740.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3740 was read for the first time.

A motion was made by Alderman Kerlagon and seconded by Alderman Fleming for a second reading of Bill No. 3740.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3740 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3740 with the following results: 
Ayes – Kerlagon, Fleming, Terbrock, Harder, Leahy, Dogan, Boerner, Finley.  Nays – None.  Bill No. 3740 was approved and became Ordinance No. 12-17.

BILL # 3741 - AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PLUMBING CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF PLUMBING SYSTEMS IN THE CITY OF BALLWIN; PROVIDING FOR THE ISSUANCE OF PERMITS THEREFORE; REPEALING ORDINANCE NO. 11-57 OF THE CITY OF BALLWIN AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

A motion was made by Alderman Leahy and seconded by Alderman Fleming for a first reading of Bill No. 3741.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3741 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. 3741.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3741 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3741 with the following results: 
Ayes – Terbrock, Boerner, Leahy, Kerlagon, Dogan, Finley, Fleming, Harder.  Nays – None.  Bill No. 3741 was approved and became Ordinance No. 12-18.

BILL # 3742 - AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL MECHANICAL CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF MECHANICAL SYSTEMS IN THE CITY OF BALLWIN; PROVIDING FOR THE ISSUANCE  OF PERMITS AND COLLECTION OF FEES THEREFORE;  REPEALING ORDINANCE NO. 11-58 OF THE CITY OF BALLWIN AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

A motion was made by Alderman Boerner and seconded by Alderman Leahy for a first reading of Bill No. 3742.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3742 was read for the first time.

A motion was made by Alderman Leahy and seconded by Alderman Kerlagon for a second reading of Bill No. 3742.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3742 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3742 with the following results: 
Ayes – Leahy, Kerlagon, Terbrock, Fleming, Dogan, Boerner, Finley, Harder.  Nays – None.  Bill No. 3742 was approved and became Ordinance No. 12-19.

BILL # 3743 - AN ORDINANCE REPEALING ORDINANCE 11-59 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO THE  ELECTRICAL CODE AND ADOPTING THE 2008 NATIONAL ELECTRICAL CODE AND PERMIT FEES THEREUNDER.

A motion was made by Alderman Fleming and seconded by Alderman Leahy for a first reading of Bill No. 3743.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3743 was read for the first time.

Alderman Harder asked how does this affect the testing that was set up a couple of months ago?  Assistant City Administrator Aiken said the test was not updated pursuant to the new code.  The old test was under this code. 

A motion was made by Alderman Leahy and seconded by Alderman Fleming for a second reading of Bill No. 3743.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3743 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3743 with the following results: 
Ayes – Leahy, Fleming, Boerner, Terbrock, Finley, Dogan, Kerlagon, Harder.  Nays – None.  Bill No. 3743 was approved and became Ordinance No. 12-20.

BILL # 3744 - AN ORDINANCE REPEALING ORDINANCE NO. 11-60 AND ADOPTING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE AND THE DEMOLITION OF SUCH STRUCTURES; KNOWN AS THE (2006 EDITION INTERNATIONAL) FUEL GAS CODE.

A motion was made by Alderman Kerlagon and seconded by Alderman Leahy for a first reading of Bill No. 3744.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3744 was read for the first time.

A motion was made by Alderman Leahy and seconded by Alderman Harder for a second reading of Bill No. 3744.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3744 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3744 with the following results: 
Ayes – Leahy, Harder, Dogan, Boerner, Fleming, Terbrock, Kerlagon, Finley.  Nays – None.  Bill No. 3744 was approved and became Ordinance No. 12-21.

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. Liquor Licenses
B. Golf Course Chemicals
C. Chemical Controllers

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

MAYOR’S REPORT

Future Meetings:  Mayor Pogue suggested that the May 28 Board meeting be cancelled, which is Memorial Day.  He also suggested the summer schedule be used for June, July, and August meetings on the third Monday of those months.  Board meetings would be held on June 18, July 16, and August 20. 

A motion was made by Alderman Leahy and seconded by Alderman Harder to accept the cancellation of the May 28 Board meeting, and approve the summer schedule for June, July and August.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Chamber of Commerce Golf Classic:  Mayor Pogue said the City of Ballwin will be hosting the Chamber of Commerce Golf Classic on Monday, May 21.  He said Ballwin is the sponsor and there is a sponsor fee with a dinner.  City Administrator Kuntz said this is an aldermanic travel-related expense.  Ballwin is the host and since there is a cost involved, the cost of aldermanic participation will be covered by the city. 

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

St. Louis Youth Baseball Association:  Mayor Pogue said last year, he was contacted by the St. Louis Youth Baseball Association regarding an international baseball tournament that they host in St. Louis.  The Ballwin Athletic Association (BAA) has been asked to host the event and they agreed unanimously.  They asked that Ballwin market and advertise the event.  This will help to showcase the City of Ballwin.  They will have U12 and U15 teams, three teams from Japan, two teams from Germany, 2 from Australia, and possibly a team from Singapore.  Mayor Pogue asked for a Resolution that would acknowledge August 5 – 11, 2012 as International Baseball Week in the City of Ballwin, and to authorize staff to help advertise and market this event for BAA and the St. Louis Youth Baseball Association. 

Alderman Harder asked if only the BAA fields will be used, or will other baseball fields also be used?  Mayor Pogue said that the games will all be held at the BAA fields.  City Administrator Kuntz said that it may later be requested for a lock-in at The Pointe, or a Day at The North Pointe Aquatic Center.  If that is requested, the Board will be consulted for authorization.  Alderman Harder suggested placing a banner across Manchester Road to advertise this event.  Mayor Pogue said that it’s their anticipation that this will be the home of this event each year.  He said that he has contacted KTVI Channel 2 and they will do a story to help showcase and advertise the event.  This is a great opportunity for the City. 

Alderman Terbrock said there will be a total of 16 teams and approximately 300 kids playing in this event.  Alderman Harder said the businesses in Ballwin will benefit from this, and perhaps fireworks can be included.  Mayor Pogue said if there are questions, e-mail himself or Alderman Terbrock.

A motion was made by Alderman Kerlagon and seconded by Alderman Leahy to draft a Resolution in making August 5 – 11, 2012 International Baseball Week in the City of Ballwin.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

CITY ADMINISTRATOR’S REPORT

Architecture Upgrades:  City Administrator Kuntz thanked Aldermen Kerlagon and Fleming for participation in the final round of screening with the two architectural firms for upgrades to the Board room.  At the next meeting, a recommendation will be presented for architectural services to address the issues in the Board room and Government Center. 

Oaths of Office:  This will be administered at the April 23 Board meeting.  Municipal Judge Virginia Nye will administer the oaths, unless any alderman has an alternate request. 
Police Pension:  City Administrator Kuntz said that Finance Officer Glenda Loehr did 99.9% of the work on this project.  It has been in the discussion stage for quite some time.  With Board authorization, the Police Officers voted and elected to change from the defined contribution plan, to the LAGERS defined benefit pension plan that affects all other city employees.  To move forward, this will require legislative action by the Board.  There has been further clarification and thanks to Alderman Boerner for his participation and guidance.  This resulted in addressing a lot of issues that needed attention. 

Alderman Boerner asked Finance Officer Loehr to explain the recommendation related to the amendment of the current plan.  Finance Officer Loehr said that if the Ballwin Police join July 1, as planned, the first contribution to LAGERS will be August 1 for the month of July.  In September, each officer will have to approach LAGERS individually to ask for the calculation of what that prior service would cost.  Then they have the choice of purchasing it either in a lump sum or in 12 or 24 installments.  By the time they get to this point where they actually could do this would be November 1.  In the meantime, there is some language with LAGERS that you can’t have two plans similar in purpose working at the same time.  That issue was discussed today on the phone. 

Ms. Loehr said she had been in touch with Lincoln Financial Group (the current plan), and they said there are two options:  We can continue contributing the 8.4% of gross wages, like we do now; or, we can amend the plan and contribute 0%.  There’s no cost to do the amendment.  The money would stay in the funds, but there would be no contribution.  When talking with LAGERS today, he said that would work the best because if you have the 8.4% and the 9.4% going to LAGERS, it’s too close and similar in purpose plan.  We have to notify the officers and send a letter to Lincoln to request the change.  The goal is to cease contributing as of the end of June.  Now we contribute after every payroll.  With LAGERS, contributions are monthly, which would be after the fact.  If the amendment can take effect at June 30, then we can begin on July 1 with LAGERS, so that there would be no crossover.  The money would still stay in Lincoln until the officers have the option of rolling it over for purchasing.  Lincoln wants to distribute the money all at one time.  We have to have every officer complete the distribution form and give 60 days notice to Lincoln.  They must have all of the forms before the let go of the money. 

Alderman Boerner said that LAGERS won’t be in a position to accept the money until November.  That gives the police officers time to decide if they want to purchase prior service credit or the extra retirement years.  That can be added on to their service that begins as of July 1, 2012.  Finance Officer Loehr said she wants to get an idea whether or not to come back with an amendment to the plan that would be a zero contribution in lieu of what we’re doing now. 

City Administrator Kuntz said that this sounds complicated because of the tax standpoint.  If they get their money from the Lincoln plan, and they don’t satisfy IRS requirements by rolling it within a very short window into another qualified plan (LAGERS or something else), that will be assessed to them as a taxable income, and we don’t want to put that burden or liability on them.  By staggering it, we give them the option of the roll so that we’re not penalizing them by getting a windfall that they will have to pay taxes on when they don’t have to, if its going into another plan.  Alderman Boerner said it can also be rolled into an IRA. 

City Administrator Kuntz said this is the reason that Finance Officer Loehr is asking for both the authorization to draft the ordinance and to amend the plan so that we do not contribute, but that we keep the assets there until we can make it in perfect timing.  Alderman Boerner said that we cease contributions after June 30. 

A motion was made by Alderman Boerner and seconded by Alderman Terbrock to draft legislation and that the current Lincoln plan be amended to provide for zero contributions after June 30.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Harder asked about the morale of the officers as a result of this change.  Police Chief Schicker said that there is some nervousness related to the timing and making decisions.  There are some people who voted to change to LAGERS that he thought would not have made that decision, and others that he thought it was a no-brainer, voted to stay with Lincoln.  The vote was 29 – 18 in favor of making the move.

City Administrator Kuntz said the second part of the question is what consideration, if any, the City can or will entertain relative to the potential shortfall.  He said that’s different for every officer and depending when the last day is that the check is written.  Then you will know exactly what you’ve got to apply to LAGERS if that’s your option.  Also, what, if anything, the Board might want to discuss relative to the window with that gap.  Police Chief Schicker said this is correct.  City Administrator Kuntz said with that in mind, the discussion is not complete. 

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT
74 Breezeview:  City Attorney Jones said today he filed a lawsuit against the property owner of             74 Breezeview.  The negotiations have stalled.  The goals have not been reached that were discussed in previous meetings.  He will notify the Board on any progress. 

Kehrs Mill Sidewalks:  City Attorney Jones said on Thursday, April 12, the condemnation necessity hearing for the sidewalks along Kehrs Mill Road will be held.  He filed suit with regard to five parcels along Kehrs Mill Road.  He said he reached a negotiated temporary construction easement with the Barn At Lucerne today.  He thinks that the other parcels may settle between now and the 12th.  There will definitely be one that will have to be heard on Thursday, and that’s the former Essen parcel behind Target at the corner of Holloway and Kehrs Mill.  Once we have the order of condemnation, the commissioners will be appointed, there will be a commissioners hearing, and they will establish value.  A report will follow at that time. 

City Administrator Kuntz said after that, bids will be solicited and award the contract for construction.  All of this had to be in place before moving forward with bid solicitation.  Our goal is still to start construction and complete it this Fall, 2012.  City Attorney Jones said that City Engineer Kramer believes that it will take 120 days for the completion of the project. 

ALDERMANIC COMMENTS

Back yard chickens:  Alderman Leahy said he was very impressed with the presentation regarding backyard chickens.  He said he is in full support of allowing residents to do this.

Alderman Terbrock said he has researched having backyard chickens after being asked about this several times.  He said he believes people will maintain their property and the chickens if they choose to do this after Board approval.  More cities are starting to allow this. 

A motion was made by Alderman Terbrock and seconded by Alderman Finley to draft legislation for discussion and consideration by the Board.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Finley said the same resident who spoke to Alderman Terbrock also talked to him and educated him on the topic of backyard chickens.  He said having backyard chickens is a scientific, biologic approach.  One problem would be if the neighbors had an issue with this.  Perhaps a privacy fence option could be included in the draft legislation.  Since the speakers presented petitions, it appears that the neighborhood has been educated on this subject. 

Term of Office:  Alderman Finley said this has been his first term of office on the Board, and he enjoys it very much.  He complimented Mayor Pogue on the appointments that had to be made to the Board.  He said the Board can fiercely disagree on some issues, and then come back and reunite on another topic.  He believes that the right people are on the Board for the 2012 term of office. 

Election:  Alderman Fleming congratulated the aldermanic candidates in the April 3 election.  He congratulated Kim Applebaum, Ward 3 resident, who was elected to the Parkway School Board. 

Prayer:  Alderman Kerlagon said that at this meeting the proclamation was approved recognizing May 3, 2012 as the 61st Annual National Day of Prayer.  She suggested that some of the pastors in the area be contacted to attend the Ballwin gathering.  Alderman Harder said this is the purpose to have a gathering next to the monument across from the Police station from 12:00 noon – 1:00 p.m..  If anyone would like to invite their church pastor, they are encouraged to do so.  Lois Linton is the contact person on this event.  Alderman Finley also suggested an evening gathering for those who cannot attend during the day. 

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 8:48 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC