The meeting was called to order by Mayor Young at 7:05p.m. 

The Pledge of Allegiance was given.

The Minutes of the April 23, 2007 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Mayor Young presented a proclamation for National Public Works Week May 20 – 26, 2007.

City Arborist, Chris Nugent, was introduced to the Board by Director of Parks & Recreation Linda Bruer.

None.

Rob Schlumpberger, 631 Nanceen Ct.:  Mr. Schlumpberger said the runoff creek behind Oak Hill Subdivision has an erosion problem.  Trees and common ground are being threatened.  He requested that something be done about this by a governmental agency.  City Administrator Kuntz said that this will be inspected to determine if this is MSD responsibility or what can be done to eliminate the problem. 

Dan Sidoti, 500 Wellshire Ct.:  Mr. Sidoti said he is concerned about Ballwin’s financial problems and listed expenses and revenue.  He said Ballwin’s total debt requirement for 2007 is $3, 471,366.  He said the discussions at the Board meetings regarding taxes has been confusing.  A 2% utility tax increase will generate about $800,000.  A 30 cent property tax will produce about $1,407,000.  He asked since St. Louis County assessments are made every two years, will a Ballwin tax be increased every two years.  He said that it is a disservice to the residents to change the Mayor’s term from 4 years to 2 years without their consent, even though the city charter allows this.  He wants to improve communication between the Aldermen and the residents.  He suggested keeping residents informed of budget and financial problems.  He said the resident newsletter should be published monthly.  He also suggested 4 annual ward open house meetings, and a meeting account of agenda items and important issues facing the city.  Resident volunteers could assist with various city functions and provide services to the community.  This will provide services without adding cost.  Alderman Lembke said that the assessed valuation on property is done by St. Louis County.  Alderman Terbrock said that no new taxes have been implemented by the Board.  This will have to be done by the voters. 

Marcus Cohn, 262 Meadowbrook Country Club Estates:  Mr. Cohn said he is concerned about the Canada Geese populations in Ballwin parks.  He said that cities and golf clubs did not plan to sponsor or manage wildlife sanctuaries.  Some wildlife in these areas is a positive, but when the area is littered with animal feces, the wildlife benefit is destroyed.  He said various non-lethal techniques have been used to discourage geese from congregating and breeding such as egg oiling and harassment with dogs chasing geese.  He said these methods are ineffective as evidenced by the number of goslings being hatched.  He said Ballwin has a choice to allow the tax dollars to be buried in goose droppings, or it can lawfully and responsibly apply for a permit to remove the geese from the Ballwin parks.  He urged the Board to pass the necessary resolution to reclaim the parks.  Mayor Young said that at this time, Ballwin is working with GeesePeace and the numbers of geese have been dramatically reduced.  The problems of the past have gone down considerably over the past two years.  He said there isn’t near the problem that existed before.  This year, there were not enough volunteers to do the egg oiling.  Mr. Cohn said that according to the Fish & Wildlife Service, 95% of the eggs would have to be oiled for over 10 years to control the population.  Egg oiling and chase dogs are not an effective long-term strategy.  This moves the problem from one area to another.  He said there are too many geese and too many droppings.  Mayor Young said that two years ago, you would have to use a shovel to walk through the park.  Alderman Lembke said that Alderman Fleming has suggested that the Board again consider the geese and deer problem and research grants for subdivisions and the city.  He said staff will talk to the Missouri Conservation Commission to determine what can be offered to the subdivisions.  Alderman Lembke said that the end of the nesting season is the time to review the program for further action. 

None. 

NEW BUSINESS 

BILL # 3478 - AN ORDINANCE APPROVING THE FINAL SITE DEVELOPMENT PLAN FOR KEHRS MILL PLACE SUBDIVISION. 

A motion was made by Alderman Terbrock and seconded by Alderman Buermann for a first reading of Bill No. 3478.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3478 was read for the first time. 

A motion was made by Alderman Pogue and seconded by Alderman Terbrock for a second reading of Bill No. 3478.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3478 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3478 with the following results: 

Ayes – Kerlagon, Lembke, Pogue, Terbrock, Suozzi, Buermann, Fleming.   Nays – Robinson.  Bill No. 3478 was approved by a vote of 7-1 and became Ordinance No. 07-13. 

BILL # 3479 - AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV, DIVISION 5 “ENTITLED PUBLIC WORKS” BY THE ADDITION OF NEW SECTION 274 DEALING WITH CERTAIN INSPECTION PROCEDURES CONDUCTED OUTSIDE OF NORMAL BUSINESS HOURS FOR CITY INSPECTORS.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3479.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3479 was read for the first time.
 

A motion was made by Alderman Robinson and seconded by Alderman Pogue for a second reading of Bill No. 3479.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3479 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3479 with the following results: 

Ayes – Kerlagon, Robinson, Pogue, Lembke, Terbrock, Fleming, Buermann, Suozzi.  Nays – None.  Bill No. 3479 was approved and became Ordinance No. 07-14. 

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

City Attorney Position:  Mayor Young presented the nomination of Robert Jones for the position of City Attorney.  A motion was made by Alderman Buermann and seconded by Alderman Pogue to prepare legislation to appoint Robert Jones as City Attorney.
A voice vote was taken with a unanimous affirmative result and the motion passed. 

Appointments:  Mayor Young recommended reappointment of Alderman Suozzi as the Board representative to the Planning & Zoning Commission.  A motion was made by Alderman Buermann and seconded by Alderman Lembke for this re-appointment.  A voice vote was taken with a unanimous affirmative result and the motion passed.

President of the Board:  A motion was made by Alderman Suozzi and seconded by Alderman Pogue to reappoint Alderman Buermann as President of the Board of Aldermen.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Planning & Zoning Commission:  Mayor Young said in 2003 when Mayor Jones appointed Frank Karr to the Planning & Zoning Commission, he did so as a 4-year term instead of filling out the 2-year balance of the one expired 4-year term.  To correct this, Mayor Young recommended reappointing Frank Carr as of May, 2005 to a 4-year term so that the Ward 4 representatives’ terms will be staggered and not all expire at the same time.  

Chairman:  Alderman Lembke said that since 1966, this Board has been selecting or nominating and approving the Chairman of the Planning & Zoning Commission.  State Statute calls for the P&Z Commission to elect their own chairman.  This would be a one-year term instead of 4 years.  This is an elected position not an appointed position. 

Secretary:  There should also be a secretary elected by the P&Z Commission for a one-year term.  City Attorney Lucchesi said that the appointment should be made effective in 2005 so that there will be a staggered term.  The fact that the members are from a certain ward does not affect the balance. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann to accept the Mayor’s nomination recommendation for Frank Carr for a 4-year term retroactive to May, 2005.  

Mike Wind:  Mayor Young nominated Mike Wind for a 4-year term from Ward 4.  A motion was made by Alderman Pogue and seconded by Alderman Suozzi to appoint Mike Wind for a 4-year Planning & Zoning term. 

Alderman Robinson said that it was agreed previously that information would be provided regarding the nominees before voting took place.  Mayor Young said that Mike has a lot of good experience for this position.  Alderman Lembke said he has been active as a subdivision trustee and believes that this is a good nomination.  Alderman Kerlagon said that he also recommends Mike Wind for the position.  City Administrator Kuntz said that a reappointment could be handled faster than a new nominee from the outside.  

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

Mayor Young suggested that the secretary be a person to take over the chairmanship when the chairman cannot attend the meeting and not have to determine who has been on the commission the longest.  

Alderman Lembke said that the Chairman of the Planning & Zoning Commission receives a nominal stipend.  The Chairman receives a monthly stipend regardless if there is or is not a meeting in that month or if present or not present at a meeting.  He said if the secretary steps into and conducts the meeting in the absence of the chairman the secretary should receive the stipend.  The chairman should not be paid if there is not a meeting.

A motion was made by Alderman Lembke and seconded by Alderman Suozzi to draft legislation for consideration to change the current stipend to be paid to the person who serves as the chairman at a meeting.  If there is no meeting, the stipend is not paid. 

The motion was amended by Alderman Lembke and seconded by Alderman Suozzi that if the Chairman is unable to conduct the meeting, the elected secretary will conduct the meeting.  If the elected secretary is unable, the next in line will be the person with the most seniority on the commission.  A voice vote was taken with 7 Ayes, and Alderman Fleming voting Nay.  The motion passed by a vote of 7-1.

Meeting cancelled:  City Administrator Kuntz said that the May 28 Board meeting has been cancelled due to the Memorial Day holiday.  The next meeting will be June 11 at 7:00 p.m.

Chip Seal:  City Administrator Kuntz recommended that the contract for chip sealing be rescinded and that the contract for the milling and asphalt overlay, which was previously awarded on a unit price basis be amended up to the amount that had been budgeted for chip seal.  It is recommended that this maintenance approach be applied at another location  This is a structural improvement as opposed to a simple quarter inch wearing surface overlay.  He suggested that the contract for reconstruction of Windmill Drive be amended to a mill and fill resurfacing.  This will save a significant amount of dollars that can then be applied to mill and fill the adjacent streets of Dutch Mill, Green Lantern, Gardenway, and Windmill Drive and Court.  Ballwin would get 4 streets repaired for what we were going to spend on the reconstruction of one street.
 

City Administrator Kuntz asked for a motion to reject the chip seal bids and to apply those funds towards a milling and asphalt overlay application.  

Alderman Lembke made the motion suggested by City Administrator Kuntz.  

Alderman Fleming asked for the motions to be separate.  He asked Mr. Morgan in the audience if he supports the recommendation.  Mr. Morgan indicated yes.  Alderman Fleming said that in this case, these do not have to be considered separately.

A motion was made by Alderman Fleming and seconded by Alderman Robinson to reject the chip seal bids and to apply those funds toward a milling and resurfacing operation with no specific location determined at this time.
 

Alderman Lembke said that Alderman Fleming’s comments after his motion were out of order.  If a motion is presented, everyone should wait for a second or for it to die for lack of a second.  Then discussion will take place.  

Alderman Lembke withdrew his motion.

The motion was restated:   Alderman Fleming’s motion, and seconded by Alderman Robinson, is to reject the chip seal bids and to apply those funds toward a milling and resurfacing operation with no specific location determined at this time.  Subject to the contractor’s agreement, we are renegotiating the reconstruction of Windmill Drive, and in lieu of reconstruction, authorizing an extension of the unit bid to do the milling and a 2-inch asphalt of four streets including Windmill in the same ward for $40,900 less than the reconstruction contract was awarded.  The same contractor had the reconstruction bid as the mill and resurfacing.  The renegotiation will be subject to Board approval.  A voice vote was taken with 7 Ayes, and Alderman Lembke voting Nay.  The motion passed by a vote of 7-1.  

None.

Finance Advisory Committee:  Alderman Robinson suggested creating a committee that will assist the Board of Aldermen to provide direction regarding revenue enhancement, service prioritization, and general management of the city finances.  This could be a citizen group and a selected committee.  He said that some residents have indicated that they would like to serve on this committee.  He suggested information be published in the resident newsletter and that letters be sent to the subdivision trustees.  Alderman Buermann recommended that the applicants provide a summary of their qualifications.  

City Administrator Kuntz said the Finance & Administration Committee should give more direction to perspective applicants as to what their role is going to be and what the Board is expecting and in what timeframe. 

FEMA Grants:  Alderman Fleming said that at the last Board meeting, Mr. Harrison said that he believed that Ballwin could apply for  FEMA Grants to relocate overhead utilities underground.  Captain Schicker researched this and reported that  FEMA Grants are not available to cities to relocate utilities underground that are not owned by the City.  St. Louis County EMO would have to make the application on behalf of AmerenUE since Ameren is a privately owned entity.  We are within an urban region and individual municipal applications are less likely to receive approval with the exception of those municipalities that own and operate their own utilities. 

Finance & Administration Committee:  Alderman Fleming announced that this committee will meet on June 11 at 6:30 p.m., prior to the Board of Aldermen meeting.

Allied Waste Contract:  Alderman Buermann asked if any action needs to be taken at this time for renewal of the waste contract.  City Administrator Kuntz said he will check on this.

Social Contact:  Alderman Terbrock suggested more social connection among the Board members in addition to the regular Board meetings.  Alderman Suozzi said she likes Alderman Terbrock’s positive approach.  

Police Escort:  Alderman Terbrock said he is disturbed about the correspondence received concerning the police escort allegedly promised by the Mayor for a specific funeral procession.  He asked why the Mayor would use political clout at somebody’s most sorrowful time.  Mayor Young said that no such promise was made.  This was an unfortunate misunderstanding.  Alderman Terbrock said there was a taped phone conversation in dispatch indicating otherwise.  He said he cannot believe that Schrader Funeral Home made this error and asked how this happened. 

Alderman Robinson asked Police Chief Biederman how could this have happened.  Chief Biederman said that he does not know because Schrader Funeral Home is aware of the policy of the police department on this issue.  
 

Alderman Robinson said that staff should be entitled to know how this happened because people are upset about this incident.  Mayor Young said that the husband called and talked to him.  The husband was not doing well and was distraught.  He said he tried to sympathize, he talked to Schrader’s and was shocked that the police department received the phone call asking about the escort. 

Alderman Terbrock said that this is one of numerous situations like this.  He asked if a public statement could be made that Mayor Young does not have the power to make promises and his statements are not the view of the city.  He said that incidents like this puts the city out on a limb for untrue statements.  The Policy Manual appears to apply to the Board of Aldermen and not to the Mayor.  Mayor Young said that in this case, Alderman Terbrock is out of line.  He said he did not promise anything and he did exactly what City Administrator Kuntz recommended.  He has not done anything wrong. 

Alderman Robinson said that two years ago, there was the situation of free use of the clubhouse at the golf course.  He said that Mayor Young told a group of people that they could use the clubhouse for free.  He asked if Mayor Young agreed to pay the clubhouse fee.  Mayor Young said that he and City Administrator Kuntz took care of it.  As far as he knows, everything has been taken care of.  Alderman Robinson asked City Administrator Kuntz and Director of Parks & Recreation Bruer if the fee has been paid.  City Administrator Kuntz said he is not aware of any payment.  Ms. Bruer said she is not aware of any payment.  City Administrator Kuntz said there was discussion about the right of a free use for the Mayor. 
 

Alderman Robinson said Mayor Young made a commitment two years ago before the Board to pay the fee for the use of the golf clubhouse.  He asked if the fee has been paid.  Mayor Young said no and it will not be paid because at that time, he was told by City Administrator Kuntz that City policy allowed him a free use.  City Administrator Kuntz asked if this discussion could be conducted in a different venue. 

City Attorney Lucchesi said that if there is a problem and the Board is concerned about it, the proper procedure would be to refer this to the Finance & Administration Committee to investigate the matter.  If the committee does not want to do this, an outside investigator can be hired to investigate. 

A motion was made by Alderman Robinson and seconded by Alderman Fleming to submit this issue to the Finance & Administration Committee for investigation and recommendation.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Alderman Buermann reminded the Board to bring their list of concerns to the Finance & Administration Committee meeting at 6:30 p.m. on June 11. 

Closed Session:

A motion was made by Alderman Suozzi and seconded by Alderman Robinson to adjourn to closed session to discuss real estate and potential litigation.  A roll call vote was taken with the following results:  Ayes:  Buermann, Terbrock, Kerlagon, Robinson, Suozzi, Fleming, Pogue, Lembke.   Nays:  None.  The motion passed to adjourn to closed session at 8:40 p.m. 

The Board convened in closed session at 8:50 p.m. 

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 9:30 p.m. 

The Board reconvened in open session at 9:35 p.m. 

Mayor Young announced that the Board met in closed session to discuss real estate and pending litigation.  No votes were taken. 

Adjourn:

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 9:36 p.m.

Walter S. Young, Mayor

ATTEST:
Robert A. Kuntz, City Administrator

MC