Board of Aldermen Regular Meeting
Regular MeetingBallwin, MO · January 28, 2019
Minutes
BOARD OF ALDERMEN
Meeting Minutes
JANUARY 28, 2019
7:00 PM 300 PARK DR. BALLWIN, MO 63011
THE MINUTES ARE PREPARED IN SUMMARY TO REFLECT THE OVERALL DISCUSSIONS, NOT VERBATIM QUOTES.
The meeting was called to order by Mayor Tim Pogue at 7:00 p.m.
ROLL CALL
Present Absent
Mayor Tim Pogue
Alderman James Terbrock
Alderman Michael Finley
Alderman Kevin M. Roach
Alderman Mark Stallmann
Alderman Frank Fleming
Alderman Jim Leahy
Alderman Ross Bullington
Alderman Raymond Kerlagon
Interim-City Administrator Bob Kuntz
Attorney Kate Henry
The Pledge of Allegiance was given.
MINUTES
The Minutes from the January 14, 2019, Board of Aldermen meeting were submitted for approval. A motion was made by
Alderman Fleming and seconded by Alderman Roach to approve the minutes from the January 14, 2019 Board of
Aldermen meeting as amended. A voice vote was taken with a unanimous affirmative result and the motion passed.
The Minutes from the January 14, 2019, closed session meeting were submitted for approval. A motion was made by
Alderman Fleming and seconded by Alderman Stallmann to approve the minutes from the January 14, 2019 closed
session meeting as submitted. A voice vote was taken with a unanimous affirmative result and the motion passed.
PUBLIC COMMENTS
Carleen Kramer spoke about ADA sidewalk compliance along New Ballwin Road as discussed in the presentation by
Cochran Engineering at the last Board of Alderman meeting.
City of Ballwin- Board of Aldermen Meeting Minutes January 28, 2019 1
BOARD OF ALDERMEN
Meeting Minutes
JANUARY 28, 2019
7:00 PM 300 PARK DR. BALLWIN, MO 63011
John Milla spoke in favor of raising the elected officials pay in Ballwin. He believes the proposed raises are too low
when considering the good work the board has done and should be increased to stay in line with area municipalities. He
also expressed his desire to ensure Prop P funds remain for police department use only.
Matthew Conlon spoke in opposition to the “Better Together” plan recently released related to the city/county merger.
He stated he believes it will result in higher taxes and decreased services for Ballwin residents.
Walt Young stated he is part of a group opposing the city/county merger. He also suggested researching the timing of
increasing elected officials pay with the upcoming election.
Michael Scott stated he was very much in support of the elected officials compensation increase and that he would
support more than what was in the proposal as the board oversees a large budget and important decisions.
Gary Carr stated his appreciation of the board and mayor and the transparency about the issue of increased compensation
he spoke in favor of the presented increase.
NEW BUSINESS _______________________________________________________
Legislation Bill No. 4015 Elected Officials Compensation
A motion was made by Alderman Leahy and seconded by Alderman Kerlagon for a first reading title only of Bill No.
4015. A voice vote was taken with unanimous affirmative result and Bill No. 4015 was read a second time.
In discussion of Bill No. 4015 Alderman Finley thanked residents for coming to speak in support of the compensation
increase. Mayor Pogue thanked Alerman Finley for the letter to the editor he wrote to increase transparency and resident
input on the issue.
A motion was made by Alderman Leahy and seconded by Alderman Fleming for a second reading title only of Bill No.
4015. A voice vote was taken with the following results: Ayes - Alderman Leahy, Terbrock, Fleming, Stallman, Kerlagon,
Finley; Nays: Roach, Bullington. Bill No. 4015 was approved 6-2 and became Ordinance # 19-1.
CONSENT ITEMS
a. Liquor License-Ballwin Sno Cone Company
b. Destruction of Records
Alderman Roach requested to pull consent item A for further discussion. A motion was made by Alderman Fleming and
seconded by Alderman Terbrock to accept Consent Item B as submitted. A voice vote was taken with unanimous
affirmative result and the motion passed.
City of Ballwin- Board of Aldermen Meeting Minutes January 28, 2019 2
BOARD OF ALDERMEN
Meeting Minutes
JANUARY 28, 2019
7:00 PM 300 PARK DR. BALLWIN, MO 63011
MAYOR’S REPORT _______________________________________________________
Planning and Zoning Appointment Mayor Pogue recommended appointing Victoria Winfrey to serve on the Planning
and Zoning Commission to fill a vacancy. A motion was made by Alderman Roach and seconded by Alderman Stallmann
to approve the appointment of Victoria Winfrey to the Planning and Zoning Commission. A voice vote was taken with
unanimous affirmative result and the motion passed.
City-County Merger Mayor Pogue stated he attended a municipal league meeting last week where support was sought to
petition to form the board of freeholders which is the constitutional vehicle in place to discuss the merger. This would
result in a vote of only those residents who live within the city and county on the issue of the merger. Mayor Pogue stated
Ballwin’s board was one of the first to draft legislation to oppose the merger and remains in opposition. A motion was
made by Alderman Stallmann and seconded by Alderman Fleming to direct City Attorney Jones to draft legislation in
support of the vehicle proposed by the municipal league for future merger discussions. A voice vote was taken with
unanimous affirmative result and the motion passed.
INTERIM - CITY ADMINISTRATOR’S REPORT ____________________________________
Liquor License Interim City Administrator Kuntz brought back Consent Item A for discussion. Alderman Roach stated
he didn’t have all the information relating to the liquor license. Police Chief Kevin Scott stated after criminal records
checks there were no concerns in approving a full liquor license. A motion was made by Alderman Roach and seconded
by Alderman Fleming to approve Consent Item A. A voice vote was taken with unanimous affirmative result and the
motion passed.
Extreme Weather Interim City Administrator Kuntz suspended the dress code for administrative staff and all non-
essential outdoor activities for the next three days due to the extreme cold.
Special Counsel Agreement Alderman Finley suggested having a backup appointment in the contract in case something
would happen to the designee outlined in the agreement. Attorney Henry stated the contract gives the City final approval.
Alderman Finley stated he will be voting in opposition because he has full confidence in City Attorney Jones’ law firm to
handle the negotiations. A motion was made by Alderman Fleming and seconded by Alderman Roach to approve the
special counsel agreement. A voice vote was taken with the following results: Ayes - Alderman Leahy, Roach, Fleming,
Stallman, Kerlagon, Bullington; Nays: Terbrock, Finley. The motion passed and the special counsel agreement was
approved 6-2.
City of Ballwin- Board of Aldermen Meeting Minutes January 28, 2019 3
BOARD OF ALDERMEN
Meeting Minutes
JANUARY 28, 2019
7:00 PM 300 PARK DR. BALLWIN, MO 63011
STAFF REPORTS ____________________________________________________________________
Administration: Building Department Fee Survey Building Commissioner Mike Roberts stated building fees have not
been raised since 2003 even as department wages and expenses have increased. Alderman Roach asked Mr. Roberts for a
recommendation on how often to review these fees. Mr. Roberts stated reviewing the fees every 3 or 4 years would be
good practice. A motion was made by Alderman Roach and seconded by Alderman Bullington to draft an ordinance to
approve the changes as submitted by staff as well as a plan to review them every four years. A voice vote was taken with
unanimous affirmative result and the motion passed.
Administration: House Demolition Building Commissioner Mike Roberts stated a house on Clayton Rd has been
declared a dangerous building and needs to be demolished. Extensive work has been done without success to find
someone responsible for the building after the owners and all the members of the trust have passed away. A motion was
made by Alderman Fleming and seconded by Alderman Stallmann to approve staff recommendation and the bid
submitted for house demolition. A voice vote was taken with unanimous affirmative result and the motion passed.
Administration: Urban Land Institute Assistant City Administrator Andy Hixson and Urban Land Institute
representative Kelly Annis discussed the deliverables that would be provided by the organization if the board approved
moving forward with the study of the old city hall site. Alderman Finley expressed that City staff is capable of analyzing
the land and producing recommendations such that the expenditure to Urban Land Institute was not necessary. A motion
was made by Alderman Stallmann and seconded by Alderman Fleming to approve staff recommendation to hire U.L.I. to
conduct a land study. A voice vote was taken with the following results: Ayes - Alderman Fleming, Stallman, Kerlagon,
Bullington, Terbrock; Nays: Leahy, Finley, Roach. The motion passed and the recommendation was approved 5-3.
Administration: New Ballwin Road Engineering Grant Proposal Assistant City Administrator Andy Hixson and
Cochran Engineering representative Dave Christensen spoke about only updating the ramps along New Ballwin Road
with the project. They stated the City of Ballwin would move forward on its own time frame to make the sidewalks fully
ADA compliant outside of the scope of the funding for this grant application. A motion was made by Alderman
Bullington and seconded by Alderman Fleming. A voice vote was taken with unanimous affirmative result and the motion
passed.
Parks and Recreation: Virginia Graeme Baker Act: Pool Upgrades Interim Director of Parks and Recreation John
Hoffman recommended awarding the bid for the VGBA pool upgrades to Westport Pools, the only bidder. A motion was
made by Alderman Fleming and seconded by Alderman Stallmann to accept staff recommendation for pool upgrades. A
voice vote was taken with unanimous affirmative result and the motion passed.
CITY ATTORNEY’S REPORT________________________________________________
Attorney Kate Henry stated she was filling in for City Attorney Bob Jones while he was on vacation.
City of Ballwin- Board of Aldermen Meeting Minutes January 28, 2019 4
BOARD OF ALDERMEN
Meeting Minutes
JANUARY 28, 2019
7:00 PM 300 PARK DR. BALLWIN, MO 63011
ALERMANIC COMMENTS ___________________________________________________
Alderman Finley expressed his gratitude to residents who offered their opinions in regards to the elected officials
compensation and to Jim Erickson and the West Newsmagazine for their fair reporting and their assistance in spreading
the word to the public. He suggested an informal resident group bringing the issue back every 8-10 years. He also thanked
Mayor Pogue for his leadership, hard work and professionalism in running the Ballwin Board of Aldermen meetings.
Alderman Stallmann thanked Director of Marketing and Communication Kirsten Hochstetler for her work in increasing
Ballwin’s branding efforts and wished her good luck going forward. He also thanked the residents who came to the
meeting to comment on the “Better Together” plan related to the city-county merger.
Alderman Roach thanked Ballwin constituents for taking time out of their evening to attend the meeting.
Alderman Bullington thanked Kirsten for her efforts during her tenure at the City of Ballwin.
Alderman Leahy requested an update from public works staff related to leaf collection in Ward 3.
CLOSED SESSION __________________________________________________________
The Board moved to go into closed session for one or more of the reasons as authorized by Section 610.021(1), (2) and (3)
Revised Statutes of Missouri, relating to legal issues, real estate and/or personnel, negotiation of a contract.
A motion was made by Alderman Fleming and seconded by Alderman Bullington to go into closed session. A roll call
vote was taken with a unanimous affirmative result.
OPEN SESSION ___________________________________________________________
A motion was made by Aldermen Fleming to reconvene. The motion was seconded by Alderman Stallmann and passed
by unanimous voice vote.
A motion was made by Alderman Fleming to adjourn. The motion was seconded by Alderman Stallmann. The motion
passed by unanimous voice vote. The meeting adjourned at 9:20 p.m.
______________________________ TIM POGUE, MAYOR
ATTEST:
____________________________________ Andy Hixson, CITY CLERK
City of Ballwin- Board of Aldermen Meeting Minutes January 28, 2019 5
Agenda
BOARD OF ALDERMEN
Meeting Agenda
JANUARY 28, 2019
7:00 PM 300 PARK DR. BALLWIN, MO 63011
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Approval of Minutes: January 14, 2019 Board of Aldermen Meeting Minutes, and the January 14, 2019 Closed
Meeting Minutes
5. Presentations: None
6. Citizen Comments
7. Public Hearing: None
8. Unfinished Business: None
9. Legislation (Next Ordinance #19-1)
a. Bill #4015 Elected Officials Compensation
10. Consent Items
a. Liquor License-Ballwin Sno Cone Company
b. Destruction of Records
11. Mayor’s Report
12. City Administrator’s Report
a. Special Counsel Agreement
13. Staff Reports
a. Administration: Building Department Fee Survey
b. Administration: House Demolition
c. Administration: Urban Land Institute
d. Administration: New Ballwin Road Engineering Grant Proposal
e. Parks and Recreation: Virginia Graeme Baker Act: Pool Upgrades
14. City Attorney’s Report
15. Aldermanic Comments
16. Closed Session: Subject to a motion duly made in open session and a roll call vote pursuant to Section 610.022
the Board of Aldermen will hold a closed meeting, with a closed vote and record for one or more of the reasons as
authorized by Section 610.021(1), (2) and (3) Revised Statutes of Missouri, relating to legal issues, real estate
and/or personnel, negotiation of a contract.
17. Information Only
18. 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 Agenda
JANUARY 28, 2019
7:00 PM 300 PARK DR. BALLWIN, MO 63011
If you have any questions or concerns about any item on the agenda, please contact me prior to the meeting. If you cannot
attend this meeting, please contact Mayor Pogue or me as soon as possible so we can plan accordingly.
- Interim City Administrator Bob Kuntz
MINUTES Enclosed, please find the minutes from the January 14, 2019 Board of Aldermen Meeting and minutes from
the January 14, 2019 Closed Session for your review and approval.
NEW BUSINESS
___________________________________________________________
BILL 4015 AN ORDINANCE ESTABLISHING THE MONTHLY COMPENSATION OF THE MAYOR AND
MEMBERS OF THE BOARD OF ALDERMEN. After a study of neighboring communities, Ballwin found its elected
officials compensation lower than most. Ballwin has not increased elected officials compensation since 1991. This
ordinance would revise compensation to $450 per month for the aldermen and to $900 per month for the mayor. The
revision would go into effect after the April 2, 2019 municipal election.
CONSENT ITEMS
This section includes budgeted items which are low bid and do not exceed expenditure estimates, and/or items which have been previously approved in
concept.
___________________________________________________________
ADMINISTRATION LIQUOR LICENSE-BALLWIN SNO CONE COMPANY
Staff recommends approving a Full Liquor License (including Sundays) for Ballwin Sno Cone Company located at 151
Ries Rd.
ADMINISTRATION DESTRUCTION OF RECORDS
Staff recommends approving the destruction of subdivision files by Microtek upon approval of digital copies.
BOARD OF ALDERMEN
Meeting Agenda
JANUARY 28, 2019
7:00 PM 300 PARK DR. BALLWIN, MO 63011
OFFICIAL REPORTS
___________________________________________________________
CITY ADMINISTRATOR’S REPORT SPECIAL LEGAL COUNSEL
A motion is required to authorize the City to enter into an agreement with the firm of Harris, Dowell, Fisher and Young
L.C. to provide special legal services.
STAFF REPORTS
____________________________________________________________
ADMINISTRATION BUILDING DEPARTMENT FEE SURVEY
Staff recommends increasing the Building Department fee schedule as indicated in the supporting documents.
ADMINISTRATION HOUSE DEMOLITION
Staff recommends hiring the low bidder, The Wrecking Crew to demolish the condemned house at 15569 Clayton Rd.
ADMINISTRATION URBAN LAND INSTITUTE
Staff is seeking additional guidance about whether or not to move forward with the land study through ULI.
ADMINISTRATION NEW BALLWIN ROAD ENGINEERING GRANT PROPOSAL
Staff recommends approving the contract sent by Cochran Engineering for grant application and engineering services for
the New Ballwin Road STP project.
PARKS AND RECREATION VIRGINIA GRAEME - BAKER ACT POOL UPGRADES
Staff recommends awarding the bid for the VGBA pool upgrades at North Pointe and The Pointe’s Indoor Pool to
Westport Pools, the only bidder.
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