Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation.  If you are a person requiring an accommodation, please call (636) 227-8580 (V) or (636) 527-9200 (TDD) or 1-800-735-2966 (Relay Missouri) no later than 5:00 P.M. on the third business day preceding the meeting.  Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.     
                                                                              

Robert A. Kuntz
City Administrator

The meeting was called to order by Mayor Young at 7:08 p.m.

The Pledge of Allegiance was given.

MINUTES:  The Minutes of the November 27, 2006 Board of Aldermen meeting and closed session were submitted for approval.  Due to further Board consideration, amendment, and review, a motion was made by Alderman Robinson and seconded by Alderman Suozzi to hold the vote for approval of the Minutes until the January 8, 2007 meeting.  Alderman Fleming suggested approval of the Minutes as submitted.  Alderman Robinson said he will submit his amendment as soon as possible to be included in the next submission of the Minutes at the January 8 meeting.  

A voice vote was taken to postpone approval of the Minutes until the January 8, 2007 meeting with a unanimous affirmative result and the motion passed.  City Administrator Kuntz requested that the amendments be provided to him as soon as possible to be inserted into the Minutes. 

BILL # 3460 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO JAMES R. BUZZANGA, DBA JB SERVICE CENTER, FOR RENTAL AND OUTDOOR STORAGE OF MOTOR VEHICLES.

City Administrator Kuntz said that this is related to the proposed closed session.  Alderman Kerlagon said that the city was approached about purchasing a piece of property.  Due to the asking price and value, it was not something that the city is interested in doing at this time.  City Administrator Kuntz said that the unsolicited offer for purchase was considered by commercial brokers to be a high number for our existing property which is virtually the same size parcel.  The committee agreed that this did not warrant further discussion. 

A motion was made by Alderman Lembke and seconded by Alderman Suozzi to reject the unsolicited offer.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3460.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3460 was read for the first time.

A motion was made by Alderman Buermann and seconded by Alderman Pogue for a second reading of Bill No. 3460.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3460 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3460 with the following results: 

Ayes – Fleming, Pogue, Lembke, Buermann, Kerlagon, Suozzi .   Nays – None.  (Alderman Robinson did not vote due to late arrival).  Whereupon Mayor Young declared Bill No. 3460 approved and it became Ordinance No. 06-70.

None.

2007 Capital and Operating Budgets:  City Administrator Kuntz presented a summary of both budgets.  The total expenditures are expected to be $18,992,603.  This represents the $673,425 increase over the authorized spending levels of 2006.  Several factors, such as fuel, utility, and insurance costs are primarily responsible for this increase.  The capital spending plan calls for expenditures totaling $4,634,009.  This is $188,486 increase over 2006 and made possible by applying a available fund balance from this year.  Total debt payments requirements are $1,774,666, and this will take 38% of the amount available on the capital side.  After deducting $1,653,880, which was from earmarked park revenues through the parks sales tax, and applying it to parks capital as legally required, this leaves $2,461,193 available for the other three departments, which are Administration, Public Works and Police.  $1,031,300 of this was allotted towards street improvements.  A lion’s share of the remainder will go for police car and truck replacements in the Police and Public Works departments, plus $400,000 set aside for access related improvements to the Government Center or as a contingency.  A major storm water culvert repair project on Holloway Road in the amount of $120,000 is expected to be partially offset by a storm water grant from St. Louis County.  Additionally, we anticipate a 95% reimbursement of the $243,377 that will be the final phase of Vlasis Park improvements.  This grant will come from the St. Louis County Grant Fund.   

City Administrator Kuntz said that this is a balanced operating budget for 2007, which reflects a $484,939 increase over 2006.  This goal was accomplished as a result of the following:  Total revenues are expected to increase by about $352,963, primarily as a result of utility tax receipts and aggressive marketing of our recreational facilities user fees;  $131,976 from 2006 will be carried forward and utilized in 2007.  This was appropriated but not expended in 2006.  Total merit increase potential will be limited to 3%.  No additional full-time employees are proposed.  Additional health and dental insurance costs will be capped at 5%.  The year-end cash reserves are expected to increase by $736,752, less the $132,976 which will apply toward the 2007 budget.  This will leave an anticipated unreserved fund balance (money which are available and unencumbered) of $5,659,741.   

City Administrator Kuntz said that overall expenditures are in line with projected revenues.  Short term, no major changes in programs and serves and no significant change in our revenue forecast is anticipated.  The statement of financial condition was published in a newspaper of general circulation and posted on the entry door of the Government Center.  Copies of the budget, subject to Board approval, will be available on line or paper copy for anyone interested. 

Mayor Young asked if anyone present would like to speak in favor of the budget.  There were none.

Mayor Young asked if anyone present would like to speak in opposition to the budget.  There were none.

Mayor Young declared the Public Hearing closed. 

BILL # 3463 - 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, 2007, AND ENDING DECEMBER 31, 2007, PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3463.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3463 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a second reading of Bill No. 3463.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3463 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3463 with the following results: 

Ayes – Pogue, Kerlagon, Buerman, Lembke, Suozzi, Fleming, Robinson.   Nays – None.  Whereupon Mayor Young declared Bill No. 3463 approved and it became Ordinance No. 06-71.

BILL # 3464 - 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, 2007, AND ENDING DECEMBER 31, 2007, PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Lembke and seconded by Alderman Robinson for a first reading of Bill No. 3464.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3464 was read for the first time.

Alderman Buermann said that CALEA, accreditation for the Police Department, suggested that this be budgeted in 2007 through the contingency fund.  Alderman Pogue said this is an excellent certification for the Police Department.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a second reading of Bill No. 3464.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3464 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3464 with the following results: 

Ayes – Fleming, Pogue, Lembke, Buermann, Kerlagon, Robinson, Suozzi.    Nays – None.  Whereupon Mayor Young declared Bill No. 3464 approved and it became Ordinance No. 06-72.

BILL # 3465 - AN ORDINANCE AMEMDING CHAPTER 2, SECTION 2-101 and SECTION 2-105 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY REDEFINING THE TERM OF OFFICE SET FORTH THEREIN.

A motion was made by Alderman Robinson and seconded by Alderman Suozzi to hold over Bill # 3465 until the January 8, 2007 Board meeting due to the absence of Alderman Terbrock at this meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed.

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

Discussion regarding postponing approval of the November 27 minutes resumed.  (See Page 1 for this discussion).

Vacancies: 

Ballwin Days Co-Chairman:  Mayor Young said he would like to postpone the re-appointment of the Ballwin Days Co-Chairman until the next meeting. 

Historical Commission:  Mayor Young said that Verna Arnold and Helen Pisarkiewicz have agreed to serve additional 3-year terms.  Alice Mertz has volunteered to replace Melvin Walka for a 3-year term.  Mayor Young nominated the above named individuals to 3-year terms on the Historical Commission. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann to the re-appoint Helen Pisarkiewicz and Verna Arnold to the Historical Commission for 3-year terms, and to appoint Alice Mertz for a 3-year term replacing Melvin Walka.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Leaf Collection:  City Administrator Kuntz said that this is a service that is provided to the single-family residences, not multiple family residences, common ground properties, businesses, institutions, or civic organizations. 

Alderman Lembke asked if the list of exclusions to the city leaf collection service is complete.  City Administrator Kuntz said that the list shows the current conditions.  City Attorney Lucchesi recommended inserting “As way of example”.  Alderman Pogue recommended adding “shall include but not limited to”.  Alderman Lembke agreed.

A motion was made by Alderman Lembke and seconded by Alderman Pogue to approve the proposed leaf collection policy and to state “As way of example” or “shall include but not limited to”.  A voice vote was taken with 7 Ayes, and Alderman Fleming voting Nay.

Policy Manual Review:  City Administrator Kuntz suggested that the review of the Policy Manual be included in the January 8, 2007 workshop agenda. 

Administrative Fines and Fees:  City Administrator Kuntz said this is regarding recommendations for fees for cost recovery considerations.  He said that if a good-faith effort is being made by an owner, such fees could be waived.  City Attorney Lucchesi agreed that since this is for cost recovery, it is a user fee. 

A motion was made by Alderman Suozzi and seconded by Alderman Buermann to draft legislation

Amendment:  Alderman Robinson suggested a provision that would allow the city to recoup attorney’s fees that are incurred for the preparation of filing any liens against the property.  City Attorney Lucchesi said that this can be included.  If this is not paid, after notice, the city could be authorized to notify credit agencies. 

The motion was amended by Alderman Robinson and seconded by Alderman Buermann to include the last two items of cost and expense to the legislation. 

Alderman Lembke said that in the memorandum by Assistant City Administrator Aiken Item 1 on page 2, suggested that the landlord be required to pay a $100 fine instead of a $50 fine.  In addition to the $30 inspection fee, he suggested that it be doubled for each unit allowed to be occupied without proper inspection having been conducted and an occupancy permit issued prior to the occupancy.  City Attorney Lucchesi said that the inspection fee is subject to a vote of the people.  Alderman Lembke withdrew the inspection fee portion of the motion. 

Amendment:  Alderman Lembke said that relative to Item 2, there are repeat offenders.  He asked for language that upon second and subsequent notices, it will immediately go to the $100 fine, and another letter with a 10-day waiting period does not have to be sent.  He said that if someone has received a fine, or a notice of non-compliance, within in the previous 365 days, if they receive another notice, we don’t have to go through the process of telling them again – we go straight to the fee. 

City Administrator Kuntz said that he believes that Alderman Lembke is requesting an accelerated schedule to get the attention of habitual offenders. 

Amendment:  Alderman Robinson said that perhaps the weeds height level should be reduced to activate the violation.  He said that removing the clippings should be part of the enforcement. 

Amendment:  Alderman Lembke said that in Item 5, which suggests the imposition of a $50 fee for rescheduling more than one re-inspection, if there is a long list of items to be corrected and they only correct one or two and call for a re-inspection, there should be a $50 fee for the second re-inspection and $100 fee for each subsequent inspection.  He said this would include all properties owned by that person or corporation.  City Attorney Lucchesi said that this will be difficult to keep track of. 

Alderman Lembke said that instead of a $50 fee, it could immediately be a $100 fee when owners are allowing tenants to move in without proper inspections and they are not attempting to make all of the repairs.  He said that every time another re-inspection has to be made, a cost recovery charge should be made. 

Voice Vote:  Alderman Lembke said that these items are amendments to the motion made by Alderman Suozzi and seconded by Alderman Buermann to draft legislation.  A voice vote was taken with a unanimous affirmative result and the amended motion passed.

Workshop on Saturday, January 20, 2007, 8:00 a.m. – noon in the Board room, open to the public:  City Administrator Kuntz gave an overview of the proposed agenda and asked if there are additional suggestions.  Alderman Robinson said he would like to see an annual report from each aldermanic committee chairman on what has been done or what is proposed.  City Administrator Kuntz said that the committees meet on an as-needed basis.  Topics are discussed by the entire Board until it becomes so complicated or cumbersome that it needs to be segregated and discussed in great detail by the committee.  This has not happened in the last 12 months.  The only committee that has met regularly is the Finance & Administration committee.  He said that this Board has streamlined the process so that committee meetings are not needed on a regular basis. 

Alderman Buermann suggested that the Red Light Cameras agenda item be postponed to a later date.  Alderman Lembke asked if the Board is in favor of red light cameras?  Does it need further examination?  Alderman Kerlagon said that he has accumulated information on red light cameras and volunteered to lead the discussion.  Alderman Pogue suggested that a representative from a local city that already has the cameras in place might share their experiences with the Board and how the system works.  Police Chief Biederman said that a company representative could better explain the system and answer questions. 

Mayor Young said that at the St. Louis County Municipal League level, this has been discussed.  The consensus of the Mayors in this area is that this should be a Public Health & Safety issue.  New Ballwin and Manchester is one of the highest accident intersections, according to St. Louis County.  Mayor Young recommended that discussions could be held at the January 8 and the January 22 Board meetings.  The time limit for the companies to send in their proposals in sealed envelopes could be February 15.  This could be discussed again at the February 26 Board meeting.  He said that in Florissant, more tickets were issued and accidents were reduced.  Alderman Lembke said that the equipment can be rented on a flat fee basis.  The company will take a percentage of the fines and maintain the equipment.  Accident data will have to be supplied at different locations for the companies to make a proposal.  He said that it may take more than 2 or 3 meetings to completely review and decide on this issue. 

A motion was made by Alderman Lembke and seconded by Alderman Fleming to remove the red light camera discussion from the workshop agenda and invite two companies to make a conceptual presentation, not a sales pitch at the January 8 and January 22 Board meetings. 

Alderman Kerlagon said that he agrees with having two company representatives make presentations, but believes that the concept should be discussed first at the work shop on January 20.  He said the Board could share their position and concerns on this issue.  The Board agreed with this suggestion.

The Board agreed to include the Public Opinion Survey on the workshop agenda. 

Sign Request:  City Administrator Kuntz said this is a request regarding the Meadowbrook Country Club street signs.  He said City Engineer Kramer does not have a problem with this request.  The subdivision has agreed to accept all maintenance responsibilities and will sign an agreement to that effect.  The petition came from the president of the trustees who presumably spoke for the entire subdivision. 

A motion was made by Alderman Robinson and seconded by Alderman Fleming to approve the Meadowbrook Country Club street signs request, based on the proposed agreement. 

Alderman Buermann asked if the current Ballwin stop sign will remain.  City Administrator Kuntz said the regulatory signs have to meet the state standards and will stay on separate posts.  Since Ballwin has to enforce the regulatory signs, it is agreed by the president of the trustees and Ballwin that the current regulatory signs will remain. 

A voice vote was taken with a unanimous affirmative result and the motion passed.

Closed Session:  City Administrator Kuntz said that there will be a closed session meeting following this Board meeting to discuss personnel.

None.

Sewer Repairs at 461 Ballwood:  City Attorney Lucchesi said that the sewer lateral program fund was established by vote of the people.  The per use expenditure cap was established by the Board of Aldermen.  City Administrator Kuntz said that under the uniqueness of the circumstances, if the Board chooses to make an exception in this case, he said he assumes a motion could be made to allocate additional monies in excess of the cap to complete the repairs, taking it out of the city’s insurance fund as opposed to putting it back on one of the three parties. 

Mayor Young asked if this will mean there will be less money for other applicants on the waiting list.  City Administrator Kuntz said yes.  Mayor Young said this is not good. 

Alderman Fleming asked if the maximum amount was increased to $3,500.  Assistant City Administrator Aiken said that is correct.  City Administrator Kuntz said that this rare situation will be addressed at the staff level in the future with more caution.  In this case, the sewer line from one property runs under a portion of the neighbor’s driveway that is in the public right-of-way. 

Alderman Lembke said that the solution is to replace a section of sidewalk adjacent to the left of the driveway.  He said if we don’t do something now, within the next few years, if it is patched, there will be more damage and the city will have to replace that section of concrete sidewalk.  City Administrator Kuntz said that this is not what the property owner is requesting, but this is more than he currently has.  He said that we would have more done at this time if the property owner would allow the contractor on his property to finish the restoration. 

Alderman Lembke said that the neighbor seemed to be willing to pay for the replacement of the right side of the apron if the contractor would put in the left side of the apron.  If the City could figure out how to get from the left side to the other side on the sidewalk, he would be amenable.  City Administrator Kuntz said this would come out of the sewer fund, not the sidewalk fund because this is a sewer issue.  Alderman Suozzi said this is as a result of a sewer repair and should not come out of the sidewalk fund.  She asked if residents have had to pay for repair to the street.  City Administrator Kuntz said yes.  City Attorney Lucchesi said the cost should come out of the sewer lateral fund.  City Administrator Kuntz said that he suggests making an exception to the cap and raise the threshold for this case of sewer lateral restoration. 

A motion was made by Alderman Lembke not to exceed staff estimate. 

Alderman Robinson said if a special exception is not going to be made for Ward 3 residents for retaining walls, sidewalks, or anything else, he is not happy about making exceptions for any other residents.  Alderman Suozzi said that this is not an equal comparison.  Alderman Robinson said the issue is deviating from policy.  He said the aldermen in Ward 4 are asking for an exception to help a resident with the sidewalk.  City Attorney Lucchesi said that in this particular case, the repairs that were done for the sewer lateral, damage was done as opposed to the normal situation where the second homeowner damaged the sidewalk.  In this case, it’s different from that standpoint.  In general, from the standpoint of deviating from policy, Alderman Robinson is correct.  Alderman Robinson said this is asking for a deviation from policy.  He said whenever this is done, more requests can be made, such as allowing a pole sign, city funds to repair retaining walls, or using the sewer lateral fund to repair someone’s sidewalk. 

Alderman Lembke said that if his neighbor had a sewer lateral problem and it caused damage to his own property, it would not be fair.

Alderman Fleming said that this seems to be a dispute between two property owners and a contractor.  He favors adhering to current policy. 

Alderman Suozzi asked for the motion to be restated. 

Restated motion:  A motion was made by Alderman Lembke and seconded by Alderman Suozzi to use the city sewer lateral funds to replace the sidewalk in front of 461 Ballwood from just left (west) of an existing open crack where it will be saw cut straight across to the other side of the driveway, with the exception that the contractor is responsible for replacing a portion of that concrete.  He is also responsible for replacing half the apron.  If the homeowner wants to replace the other half of the apron with a separate contract with the contractor, that’s between them.  If he wants to leave it the way it is, that’s his business.  This is not to exceed the per square foot concrete replacement fee as indicated in the sewer lateral contract.

Alderman Robinson asked what is the amount of the cap?  City Administrator Kuntz said $3,500.  City Attorney Lucchesi said that is the old cap.  There is a different amount for this motion. 

City Engineer Kramer said that there is a price per square foot for a sidewalk.  Alderman Kerlagon suggested a $1,000 cap to any additional costs.

Alderman Buermann suggested that staff look at the damaged sidewalk and recommend a price.  He said that concrete cannot be poured at this time of year.  He said that the contractor broke out a slab, set it aside, and has replaced the slab and put the existing slab back into the sidewalk.  Alderman Lembke agreed. 

Alderman Lembke withdrew the motion.  He said he will compile additional information for consideration.  Alderman Suozzi withdrew her second to the motion and agreed with moving this issue to the January 8 meeting. 

Finance & Administration Committee:  Chairman/Alderman Fleming said that the Finance & Administration Committee met prior to this Board meeting at 6:30 p.m.  He said that at a previous Board of Aldermen meeting, it was agreed that upon passage of this year’s budget, we would come up with a list of recommendations to consider for future budgets.  He provided to the Board a format for recommendations which will include an introduction, and categorize recommendations in four ways:  immediate implementation, future implementation, rejected, already implemented.  He said that at the January 8 meeting and the January 20 workshop, the document will be presented and the west county comparison chart will be reviewed. 

Synchronized Lights on Manchester Road:  Alderman Buermann said that MoDOT should be contacted because the intersection of Holloway and Manchester Road is a problem.  He said only two cars are getting through the intersection.  City Administrator Kuntz said that he will contact MoDOT.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn to closed session to discuss the annual evaluation of the City Administrator.  A roll call vote was taken with the following results:  Ayes:  Buermann, Lembke, Pogue, Fleming, Suozzi, Robinson, and Kerlagon.      Nays:  None.  The motion passed to adjourn to closed session at 8:50 p.m.

The Board convened in closed session at 8:55 p.m.

A motion was made by Alderman Buermann and seconded by Alderman Pogue to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 9:08 p.m.

The Board reconvened in open session at 9:09 p.m.

Mayor Young announced that the Board met in closed session to discuss the evaluation of the City Administrator.  A 5% salary increase was recommended and agreed upon.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 9:11 p.m.

ATTEST:

MC