Board of Aldermen Meeting

Meeting Agenda

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Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
November 26, 2012

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 November 12, 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
None.

PENDING ISSUES
None.

CITIZEN COMMENTS
None.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3766 - AN ORDINANCE AMENDING SCHEDULE H OF SECTION 15-483 REGARDING NO PARKING AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF BALLWIN, MISSOURI.

Mayor Pogue said this legislation has been revised to clearly define the no-parking area between specific addresses, and trash pickup days that can be changed due to holiday schedules. 

A motion was made by Alderman Terbrock and seconded by Alderman Finley for a first reading of Bill No. 3766.   A voice vote was taken with a unanimous affirmative result, the motion passed and Bill No. 3766 was read for the first time.

Alderman Fleming said about adding yard waste pickup to the language.  Mayor Pogue said that with the new contract, recycling, trash and yard waste pickup will all be on the same day. 

A motion was made by Alderman Terbrock and seconded by Alderman Finley for a second reading of Bill No. 3766.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3766 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3766 with the following results: 
Ayes – Terbrock, Finley, Leahy, Kerlagon, Fleming, Harder Dogan.  Nays – None.  Bill No. 3766 was approved and became Ordinance No. 12-43.   Note:  Alderman Boerner was not yet present to vote on this legislation

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. None.

MAYOR’S REPORT
Tree Lighting Ceremony:  Mayor Pogue said the Tree Lighting ceremony will be December 1 at      Olde Towne Plaza at 5:00 p.m.  This is in conjunction with the Circle of Concern Food Drive. 

Blood Drive:  On December 17, there will be a Blood Drive at The Pointe from 10:00 a.m. to 4:00 p.m. 

Re-Appointments – Historical Commission:  Mayor Pogue recommended the re-appointment of Helen Pisarkiewicz, Alice Mertz and Verna Arnold, with 3year terms expiring December 31, 2015. 
A motion was made by Alderman Terbrock and seconded by Alderman Kerlagon to accept the re-appointments to the Historical Commission.  A voice vote was taken with a unanimous affirmative result, and the motion passed.  Note:  Alderman Boerner was not yet present to vote on the re-appointments.

CITY ADMINISTRATOR’S REPORT

Street Lighting:  City Administrator Kuntz said as a result of Board direction, St. Louis County and MoDOT were contacted.  The MoDOT District Engineer stated that if it is roadway lighting at a signalized intersection, and the lighting meets MoDOT’s reqirements, MoDOT will pay for the maintenance and operation of the lights.  Any other lighting would be the responsibility of the political jurisdiction.  He said he received a response from the St. Louis County Highway Department, which was “no”.  The County will not accept the operation and maintenance if we were to turn off any of the lights that are currently in St. Louis County right-of-way.  The list provided to the Board indicates both State and County roadways with street lights in Ballwin.  The current annual cost for these lights is $10,210.32.  It does not appear that either the County or State are willing to take over the responsibility for the operation of these lights. 

City Administrator Kuntz said that City Attorney Jones did research to determine if either entity could be required to do this if we took over the improvements that they had installed.  We did not draft legislation because of the lack of clarity on this issue.  He asked if the Board wants to pursue legislation or leave as is. 

Alderman Harder asked about Clayton Road.  City Administrator Kuntz said that this was a Board of Aldermen initiative, led by Ward 3 Aldermen at that time.  The State agreed to the installation with the understanding that Ballwin would, in the future, maintain and operate the fixtures.  It does not appear that either agency is willing to accept their operation from Ballwin.  If we take the measure, we can expect that it will remain dark. 

City Attorney Jones said that they cannot be compelled to take over responsibility of the lights.  They might possibly be exposing the jurisdiction to a lawsuit, in the event that the roadway is not safe, as a result of failing to light the roadway.  Unless there’s some agreement to the contrary, it would require one of these jurisdictions to maintain the lights, there would be no common law responsibility to do this. 

Mayor Pogue asked about the light designated for Ellisville IHOP.  Assistant City Administrator Aiken said the map shows that the entire right-of-way of Manchester Road is in Ballwin, even though Ellisville abuts on the south side.  It could be that the light is in Ballwin’s jurisdiction even though it’s on the Ellisville side of the street.  This is a state right-of-way, but our city limits extend to the south right-of-way line. 

Alderman Harder said on Clayton Road, the spot where the lights are, seems to be between Kehrs Mill and Baxter, across from Meadowbrook on the south side of the street.  He asked why were these lights approved.  City Administrator Kuntz said that a trustee or resident of the subdivision approached the City about installing the lights because the intersections were dark.  Continuing east, as soon as the city limits stops and it becomes Chesterfield, there are no lights, and also on the other side of Kehrs Mill. 

City Administrator Kuntz said that the lights were turned off on a trial basis, and Ballwin ended up turning the lights back on.  Alderman Fleming said that as soon a lights are turned off, people notice this quickly.  He said he doesn’t see any good reason to turn off six lights.  Why would we even consider turning off $10,000 worth of lights.  He said he doesn’t want people driving on Manchester Road and people saying that they know they are in Ballwin because the street lights are out.  This is not the kind of image we are looking for.  Trying to save $10,000 in this manner is like someone with a broken hand focusing on a paper cut on his finger.  Street lighting is a big issue.  Shutting off these lights does not solve anything.  We need to consider solving this problem more holistically. 

Mayor Pogue said he would like to know if MoDOT is supposed to be paying for lights on Manchester Road at intersections.  City Administrator Kuntz said that he asked this question, but there has been no response.  Alderman Fleming said that a bill can be sent, but it doesn’t mean it will be paid.  Mayor Pogue said that if MoDOT is supposed responsible for these lights and paying for them, send MoDOT a bill and see what happens.  They probably won’t pay it.  City Administrator Kuntz said that unless there are any other suggestions, this is a dead-end issue. 

Board Retreat:  City Administrator Kuntz said the suggested the list of topics, as a result of Board discussions, are Great Streets Initiative, Ballwin Days entertainment, employee compensation, budget priorities for allocation of future resources, Code Enforcement by complaint vs. more aggressive enforcement and what the role of staff would be and Board philosophy.  The purpose of the meeting is to set policy, brainstorm; not so much to address a critical need, but to establish future direction for Staff and the Board in dealing with these issues. 

Alderman Fleming said that he suggests removing Ballwin Days from the list because the Chairmen do a good job of running the event.  He said he thinks they understand, regarding the band hired for the 2013 festival, that they are at their theoretical limit in terms of the number of people they can attract in a limited space in Vlasis Park. 

City Administrator Kuntz said some Aldermen mentioned their thoughts about what Ballwin Days should be and the question of crowds.  If the Board is satisfied with the current direction of the festival, this item could be eliminated from the Retreat discussion list.  Alderman Terbrock said he would like to discuss Ballwin Days in a group setting. 

Code Enforcement:  Alderman Harder said he believes that there should be a philosophy and direction for Staff.  Should it be enforcement by complaint or staff finding violations that need to be corrected? 

Alderman Finley said that in the discussion about employee compensation, he wants to discuss the pension issue and the L3 vs. L7. 

Alderman Boerner said that the Board would like to receive financial information on a regular basis.  This could also be discussed at the Retreat.  He would also like to discuss the role of the Board and its responsibility, from where it arises, what statutes govern, and what is the authority of the Board.  He said that City Attorney Jones previously stated that the Board is not the ultimate authority in the City of Ballwin.  Alderman Boerner said that he believes the Board is the ultimate authority because the Board has the authority over expenditures, ordinances, and also has the authority to dismiss any alderman, officer, or the mayor.  This makes the Board the ultimate authority.  He said he would like this topic discussed either at the Retreat or at another time. 

City Administrator Kuntz said that our Code of Ordinances explains the role and responsibilities of the Board, qualifications, etc.  Alderman Boerner said that the State Statute has the overriding authority for a fourth class city. 

The Board agreed that the Retreat would be on January 12, 8:00 a.m. to 12:00 p.m. or 1:00 p.m.

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS
Breezeview:  Alderman Finley asked if there is any update on the Breezeview situation.  City Attorney Jones said not at this time.  He said he filed an application to collect the attorney’s fees, in accordance with the Court’s judgment, and that is set for December 5 for a hearing.  This case is approaching about $14,000 in attorney’s fees and $1,000 in costs.  This is in addition to what the city expended and ans for which a special tax bill has been filed, which is $8,000 related to the costs directly.  There has not been any action by the defendant since Judge Clifford’s decision.  Ballwin wants to recover the attorney’s fees, but he doesn’t think the judgment is final for the purpose of appeal until there is a court rule on that issue. 

Funeral Protest Law:  Alderman Harder said the City of Manchester went to court with the Funeral Protest Law that it has on its books, and it won the court trial.  It was upheld in the 8th Circuit Court of Appeals, that it was not unconstitutional.  There have been a number of cities that have now adopted this since it has been tested.  They want to either use Manchester’s code or tweak it for their use.  He said that he would like Staff and the Board to consider adopting a similar code. 

Alderman Harder said that since the Manchester court case, the City of Kansas City adopted the Manchester plan verbatim.  St. Charles will most likely adopt it also.  He asked for discussion on this subject in the near future with research by City Attorney Jones and Staff. 

Proclamation of Congratulations:  Alderman Dogan said that earlier this month, a Ballwin citizen, Ann Wagner, was elected as our representative to Congress.  He asked that the Board approve the preparation of a Proclamation to congratulate her on this accomplishment and thank her for serving our community, as a way to build a bridge to our future Congresswoman.  Alderman Fleming said this would be a good thing to do.  He asked, when was the last time we had a Ballwin resident in that office?  City Administrator Kuntz said that there have been Ballwin citizens in other government elected capacities, but this may be the first Congressional Representation. 

City Administrator Kuntz said this has not been done in the past and would be setting a precedent.  There is a valid reason for recognition.  They have been actively involved in our community and very supportive.  The City has been very careful in the past about how its facilities are used and also about implying any endorsements.  With respect to candidates that have come before the Board regarding their candidacy, the Board has always maintained a non-partisan, very neutral position as a body, irrespective of personal beliefs.  This has never been done before.  If you choose to do this, but there is potentially a precedent being set. 

Alderman Boerner said this is not an endorsement.  If a democrat were elected, we could do the same thing. 

A motion was made by Alderman Dogan and seconded by Alderman Harder to instruct City Attorney Jones draft a Proclamation congratulating Ballwin resident Ann Wagner on her election to the United States Congress, and thanking her for her service.  Alderman Fleming suggested including Ann Wagner’s husband Ray’s past service as well.  Alderman Dogan agreed.  A voice vote was taken with the following result:
Aye:  Terbrock, Finley, Dogan, Harder, Fleming, Leahy, Boerner.  The motion passed by a vote of 7-0. 

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 7:35 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC