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
December 10, 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 26, 2012 Board of Aldermen meeting 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.

PENDING ISSUES
None.

CITIZEN COMMENTS
Barrett Pastor, 2362 Westpar Dr.:  Ms. Pastor said that parking tickets are being given to residents on Westpar who are parking in front of their own houses.  She said she has received a parking ticket for parking in front of her home.  There’s a sign that says parking is prohibited on Westpar between 9:00 a.m. and noon.  This restriction was initiated to prohibit high school students from parking on this street.  She lives one mile from the entrance onto Westpar, and high school students have never parked in front of these houses.  Students will park closer to the school, not a mile away.  She requested that the ordinance be changed to remove the no-parking restriction in front of the homes on Westpar, or at least move the restriction closer to the high school. 

Police Chief Schicker said the ordinance was passed by petition from residents in 1997, based on the fact that there was a lot of foot traffic of students parking on Westpar and walking to the high school.  The time frame was from 7:30 a.m. to noon.  It was later amended to 9:00 a.m. to noon.  There was a considerable study done in 1997 regarding the number of students using Westpar for parking. 

Ms. Pastor said that more than 10 years ago, Marquette High School didn’t have as much parking that they have now.  They have approximately 4 times the parking spaces now.  She has lived on Westpar for three years, and her neighbor has been there for 26 years.  The parking situation that contributed to the ordinance being passed does not exist today. 

Police Chief Schicker said he will check on this again.  City Administrator Kuntz said that this is one of three streets that that were designated in the ordinance.  All of the streets involved will be reconsidered. 

Alderman Harder said his research shows that this was Bill 3361, and it incorporated Cypress Trace, Fairwood, Eagles Glen, Eagles Chase, Fairway Lake, and Westpar.  This was approved in June, 2005.  He said this restriction appears to no longer be needed. 

Tony Randazzo, 636 Foxfire Ct., Union, Mo.  He said that he is a former Ballwin resident and is the CVS Pharmacy Store Manager at 14400 Clayton Road.  He said that there is a parking issue related to the Circle 7 next to CVS, and the parking overflow into the CVS parking lot.  He said he was told by a police officer that he should designate the back part of the CVS lot as a no-parking fire lane, and try to alleviate some of the increased number of cars behind the building as it comes around to the drive through, coming off Henry.  He said he has seen numerous near-miss head on collisions  Mr. Randazzo said that Assistant City Administrator Aiken previously told him that in order for the police to enforce no-parking, by ticketing or the fire lane has to be added to the Ballwin parking regulations by action of the Board.  He said he has a 53-foot truck that makes deliveries on Thursday evening.  The driver doesn’t want to have to move cars out of the way, and this has become an issue. He spoke with the Circle 7 management and received a polite answer, but it continues to happen.  He asked the Board of Aldermen to consider an ordinance to enforce the no parking fire lane that has been designated around the back side of the building in addition to the outside curb of the drive-through.  There are two drive-through lanes.  His first concern is public safety.  In talking with his corporate legal staff, if there’s no enforcement on this, it could be determined that CVS knew of the problem but did nothing about it.  CVS would be liable if anyone had a head-on collision or serious injury.

Mr. Randazzo asked the Board to enforce the no-parking fire lane where it has been designated.  He spoke with the Fire Marshall and he agreed that the two lanes need to be accessible for public safety and in the event an emergency vehicle would need to use the lane.  

Mayor Pogue said that if the Board is going to change this, Section 15.493, Schedule V would have to be dedicated as a fire zone.  He recommended that staff review this with the Fire Marshall of West County. 

City Attorney Jones said in looking at Schedule V, there are five or six designated business that no longer exist.  If we are going to amend Schedule V, this should be done at the same time.  Mayor Pogue said that staff recommends that the address be used instead of the business name. 

PUBLIC HEARING

2013 Budget:  Mayor Pogue read the following Budget Message Summary:

Our 2012 budget was typical, in that it was marked by several major projects and unique revenue opportunities that are not anticipated for 2013.  The Kehrs Mill reconstruction, for example, spiked our street improvement commitment by nearly $1 million.  Our successful grant applications for solar installations at the Government Center and The Pointe at Ballwin Commons also impacted our numbers on the revenue, as well as the expenditure side.

For 2013, we will be getting back to basics with a concentration on community wide programs and services.

No additional full-time positions will be added.  In fact, our current number of 142 full-time employees, moving forward, will actually be 11 fewer than it was 5 years ago.

All programs and services will continue at current levels.  This includes free residential street lighting, even though our annual lighting costs are expected to exceed $500,000 per year as a result of the pending Ameren rate hike.

We will also be enhancing our financial condition in the year ahead.  Only $506,500 will be required to fulfill our outstanding debt obligations.  After 2013, the City will be completely debt free.

Our fiscal plan reflects a heavy emphasis on preservation and enhancement of our infrastructure.  The Board room will undergo a major upgrade to address long-standing audio/visual issues and improve security.

From a Parks perspective, we will be sealing parking lots and tennis courts, making electrical improvements for Ballwin Days and other festivals, and freshening up the public spaces at The Pointe.

The Police Department will see extensive floor treatment replacement, as well as more efficient conference space in conjunction with the Board room remodel.

We will enhance our operational efficiencies by continuing our investment in technology, which will not only include hardware and software upgrades, but also the addition of tablets for field personnel and department heads.

Finally, reliable delivery of essential services, such as snow removal, will be insured with the replacement of a dump truck and two-ton truck with salt spreaders.

The investment in pavement maintenance (street improvements) will be $1,504,860 on a city-wide basis.  This is slightly higher than our 2012 commitment. 

Overall, we are extremely pleased to present a comprehensive plan that will preserve and enhance the quality of life for all residents of this great community

Mayor Pogue asked if there is anyone who would like to speak in favor of the 2013 proposed Budget.  There was no response.

Mayor Pogue asked if there is anyone who would like to speak in opposition of the 2013proposed Budget.  There was no response.

Mayor Pogue declared the Public Hearing closed.

NEW BUSINESS

LEGISLATION

BILL # 3767 - AN ORDINANCE APPROVING AND ADOPTING A BUDGET OF ANTICIPATED CASH REVENUE AND CASH DISBURSEMENTS FOR THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2013, AND ENDING DECEMBER 31, 2013, PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Kerlagon and seconded by Alderman Boerner for a first reading of Bill No. 3767.   A voice vote was taken with a unanimous affirmative result, the motion passed and Bill No. 3767 was read for the first time.

Alderman Finley said there haven’t been any negative comments from the Ballwin citizens on the budget.  He said he is confident that they are in favor of this budget.  Mayor Pogue said that the Planning & Zoning Commission voted unanimously for approval of the 2013 budget. 

A motion was made by Alderman Harder and seconded by Alderman Finley for a second reading of Bill No. 3767.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3767 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3767 with the following results: 
Ayes – Harder, Finley, Terbrock, Dogan, Fleming, Kerlagon, Leahy, Boerner.  Nays – None.  Bill No. 3767 was approved and became Ordinance No. 12-44.

BILL # 3768 - AN ORDINANCE APPROVING AND ADOPTING AN OPERATIONS BUDGET OF ANTICIPATED CASH REVENUE AND CASH DISBURSEMENTS FOR THE GENERAL REVENUE FUND OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2013, AND ENDING DECEMBER 31, 2013, PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Finley and seconded by Alderman Boerner for a first reading of Bill No. 3768.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3768 was read for the first time.

A motion was made by Alderman Fleming and seconded by Alderman Boerner for a second reading of Bill No. 3768.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3768 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3768 with the following results: 
Ayes – Fleming, Boerner, Finley, Kerlagon, Harder, Terbrock, Dogan, Leahy.  Nays – None.  Bill No. 3768 was approved and became Ordinance No. 12-45.

BILL # 3769 - AN ORDINANCE AMENDING SECTION 15-6 (a) REGARDING DRIVING WHILE PRIVILEGES ARE SUSPENDED OR REVOKED WITHIN THE CORPORATE LIMITS OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Finley and seconded by Alderman Boerner for a first reading of Bill No. 3769.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3769 was read for the first time.

Alderman Finley said he is concerned that by using the word “highway”, we are limiting enforcement.  He recommended that the words “highway, road, or street” be used.  City Attorney Jones said that the privilege of a driver’s license in the State of Missouri is controlled by the State, and in particular the Department of Revenue under Section 302.010, which is the definition section for the driver’s license Chapter 302.  It defines highway very generally.  Any public thoroughfare for vehicles, including State roads, County roads, and public streets, avenues, boulevards, parkways, or alleys in any municipality.  He said he prepared this bill with the language directly from Section 302.321, which is the section of the Missouri Statutes with regard to driving with a revoked or suspended license.  It includes all the most recent amendments through 2011. 

City Attorney Jones said there was also a question about criminal negligence, that the driver must know that his driver’s license is suspended.  That is also a defined term.  Criminal negligence is the failure to be aware of a substantial and unjustifiable risk that circumstances exist, or result will follow.  This is a lesser standard than what they call culpable negligence under the law.  He said it has been his experience as a prosecutor that when it can be established through the records of the Department of Revenue that a notice of revocation or suspension has been sent to the driver, having ignored the notice and continued to drive, establishes the criminal negligence necessary for this particular offense. 

Alderman Harder said that he always thought this was a crime; therefore, why is this legislation needed?  City Attorney Jones said in Section 15-6 of the Ballwin Code of Ordinances now contains six different prohibitions on driving.  One is while the operator does not have a valid driver’s license, but it doesn’t contain a specific section that mimics the language of the State Statute that deals with revocation and suspension, which are administrative actions.  It also doesn’t set forth what the elements of that offense are, or the punishment for the first offense.  The second and third offenses contain limitations of at least 48 hours in jail, and that sentence cannot be suspended unless there’s at least one year of probation and at least 40 hours of alternative community service.  A third offense can be charged as a felony.  We are closing a language gap with this legislation at the request of our City Prosecutor and Municipal Judge. 

Alderman Boerner asked if this will apply to a minor or someone who is unable to get a driver’s license?  Who will be the responsible party if it is a minor?  City Attorney Jones said one of the subsections is 15-6a already includes people who don’t have a driver’s license at all.  This section is general enough because it says the driver’s license or driving privilege has been cancelled.  This is because driver’s from another state are administratively assigned a driving privilege and then it’s suspended.  This only applies to those that already have a license and has been suspended or revoked. 

A motion was made by Alderman Kerlagon and seconded by Alderman Terbrock for a second reading of Bill No. 3769.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3769 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3769 with the following results: 
Ayes – Kerlagon, Terbrock, Dogan, Finley, Fleming, Boerner, Leahy, Harder.  Nays – None.  Bill No. 3769 was approved and became Ordinance No. 12-46.

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. Building Security/Access System

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

MAYOR’S REPORT
PRESENTATION :  Mayor Pogue presented a Proclamation to Ballwin residents Ann and Ray Wagner for their dedication of over 25 years of service to Ballwin, the surrounding community, state and nation.  Ann Wagner has served as a local committeewoman in the Lafayette Township, Chair the Missouri Republican Party, Co-Chairman of the Republican National Committee during the first term of President George W. Bush, has served as the 19th U.S. Ambassador to Luxembourg, and was elected on November 6, 2012 to the United States House of Representatives for Missouri’s 2nd District.  Ray Wagner served as the former Missouri Director of Revenue, Municipal Judge for the City of Ballwin, and is currently the Vice President of Public Affairs for Enterprise Rent-A-Car, and serving on the St. Louis County Police Board, as well as the Greater St. Louis Area Council of Boy Scouts of America.  Their son, Raymond Wagner III, is a graduate of West Point and is currently serving on active military duty as a 1st Lieutenant Infantry Officer in the 101st Airborne in Fort Campbell, Kentucky.  The Wagner family dedication and service to the community is greatly appreciated. 

Ann Wagner thanked the Board for this honor and said that Ballwin is home for her family.  She said that even though she will be working in Washington D.C., she will always be glad to come home to Ballwin.  She feels honored to be able to represent the citizens in this district. 

Ray Wagner thanked the Board for this recognition and for the honor of being appointed Ballwin’s Municipal Judge from 1999 to 2005.  He said his family moved to Ballwin when he was 5 years old, when this area was covered with fields and woods, and Manchester Road was 2 lanes.  When Ann became the U.S. Ambassador to Luxembourg, he realized he would not be able to travel back and forth from Luxembourg and maintain the Municipal Court responsibilities at the same time.  He considers it an honor to have served the City of Ballwin, the place where he grew up.  He thanked City Attorney Jones for guiding and helping him along the way.  His son Raymond grew up in Ballwin and is now in the 101st Airborne in Fort Campbell.  He comes back to Ballwin regularly because this is home to him also.  Ray Wagner thanked the Police Department for their professionalism. 

City Administrator Kuntz said that the preparation of the Proclamation was a unanimous decision by the Board.  He thanked Ann and Ray Wagner for coming during their busy schedule to accept the Proclamation. 

Future Meetings:  Mayor Pogue recommended that the second Board meeting in December (December 24) be cancelled.  A motion was made by Alderman Terbrock and seconded by Alderman Fleming to cancel the December 24 meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Scouts Recognition:  Mayor Pogue recognized Boy Scout Ryan Boerner, son of Alderman Richard Boerner, and the other Scouts in the audience who are working on acquiring badges.  He thanked them for coming to the Board of Aldermen meeting and encouraged their dedication and endeavors through Scouts.

CITY ADMINISTRATOR’S REPORT
Reciprocal Recreation Privileges:  City Administrator Kuntz said this concept was put forth by the city of Creve Coeur with respect to the golf operations.  It has been modestly successful and offers an opportunity for us to engage and offer our facility to non-residents who have similar facilities to offer to our residents.  This is through the wellness group, which is a health insurance pool comprised of 19-cities.  One of the key components is to promote employee wellness.  The employee photo I.D. would be shown to prove active status.  The only free use is for an employee of one of the two cities.  Any of our employees that live in those cities and want to use their facilities would do the same.  The other two cities that have approached us are Clayton and Richmond Heights which have indoor facilities similar to The Pointe.  It is recommended that we extend this concept to them for a one-year trial period as of January, 2013.  The program will be evaluated after one year to determine its success.

A motion was made by Alderman Terbrock and seconded by Alderman Fleming to approve the reciprocal recreation agreements as described.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Retreat:  City Administrator Kuntz said a proposed agenda has been prepared for the January 12 annual Board of Aldermen Planning Retreat, that will be held in the Board meeting room, from 8:00 a.m. to noon, and as usual, it is open to the public.  A representative from the State LAGERS pension retirement system has agreed to attend for the employee compensation session and to answer questions. 

STAFF REPORTS
None.
CITY ATTORNEY’S REPORT
City Attorney Jones said he has completed the trial court addition of the litigation over 74 Breezeview.  The Judge awarded approximately $15,000 in attorney’s fees and costs to the city on December 5, and that decision, if it is to be appealed by Adam Jung, will have to be done by January 14.  Mr. Jones said he will notify the Board if that occurs.  He said this is a judgment for the attorney’s fees, costs, and the special tax bill, which is approximately $8,000.  The City has a couple of choices.  We can wait until the property is sold or refinanced, and then he will be required to pay these costs in order to have a clear title.  If the City wishes to attempt collection more aggressively, it can execute on the judgment by levying on the real estate and having the Sheriff sell the property to satisfy the judgment.  This is a decision that the Board can make after seeing whether an appeal is taken.  The court’s judgment includes a mandatory injunction, that the remaining items be completed and that Mr. Jung allow entry into the property for an inspection by the City.  If that’s not done, then we can decide if we want to pursue another dangerous building or nuisance administrative action.  It may be easier for us to pursue our own administrative action than to look for a contempt order from the civil court. 

ALDERMANIC COMMENTS
Alderman Fleming thanked staff, citizen volunteers and elected officials for making a lot of progress in stable finances, a major re-build on a road, a move toward solar energy, restructured the debt so that Ballwin will be debt-free in the near future, a great Ballwin Days event, a new financial software package that will serve for years to come, major commercial developments, additional housing, new Allied Waste contract, etc.  He wished everyone a merry Christmas and happy New Year. 

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 7:45 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC