The next regular meeting of the Ballwin Board of Aldermen will be held on August 14 at 7:00 p.m. at the Donald “Red” Loehr Police & Court Center at 300 Park Drive.  This session will be preceded by a Closed Session at 6:15 p.m. to discuss the Municipal Judge position.  

A Closed Session will also be held following the regular Board of Aldermen meeting on August 14 for further discussion on the Municipal Judge position. 

All agendas are posted on the city website (www.ballwin.mo.us) and in the lobbies of the Government Center and Police headquarters at least 4 days prior to the meeting.

The building is handicapped accessible. 

Robert Kuntz, City Administrator

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 hearing.  Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.

The meeting was called to order by Mayor Young at 7:00 p.m. 

The Pledge of Allegiance was given.

The Minutes of the July 10, 2006 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Suozzi to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Emergency Management Plan Update:  Captain Steve Schicker gave an overview of the most recent storm emergency operations and future preparations.  He said the last update to the plan was March 9, 2006.  The annual review with SEMA will be conducted later in the year. 

Mayor Young thanked the Police Department, Public Works, Parks, and office personnel for the good job that was done during the storm clean up.  City Administrator Kuntz said that discussions and planning is in progress for a bird flu pandemic.  Data has been compiled on all City of Ballwin employees with alternate forms of communication and distance to the Government Center from their primary residence.  This information can be useful in the event of any kind of emergency. 

None.

State Representative Dwight Scharnhorst, 93^rd District:  Representative Scharnhorst said that if there are issues that need to be handled at the State level, he can be contacted to assist.  He presented to the Board a United States flag that has been flown over the Capitol in Washington, D.C., and a State of Missouri flag that has flown over the Capitol in Jefferson City, Missouri.  He said if there are seniors or youth that need to be recognized such as Scouts, etc., proclamations and resolutions from the House of Representatives can be handled through his office.  This encourages community service.  He said at the State level, he is working on a bill that will freeze real estate taxes for seniors.  Another form of revenue will have to be created to replace this.  He said that there are a lot of hardships for seniors who have rising real estate taxes. 

Retaining Walls:  Since two citizens are going to speak to the Board regarding retaining walls, Mayor Young asked City Attorney Lucchesi to present his research information at this time instead of at the end of the agenda. 

City Attorney Lucchesi said that the research shows that like any right-of-way, the City controls it but is not liable for retaining walls, regardless of who constructed the wall.  Under State law, the City has the right to have the walls removed or repaired at the cost of the abutting property owners.  From a legal standpoint, the City has no liability for this and it is legally not the City’s problem. 

David McAtee, 558 Happy Ct.:  Mr. McAtee said that when he bought his house in 1990, he obtained a notarized document from the City stating that the City of Ballwin is liable for the maintenance and responsibility of the tie wall system.  He said in 1993, deterioration of the wall was noted, but he was told that repairs were not in the 1993 budget.  In 1994, the wall was evaluated again and determined that the block system was the best method at a cost of $55,000.  It was not budgeted again in 1994 or 1995.  He said that no maintenance has been done by the City on this wall.  He said the wall traverses almost 400 feet and is almost 10 feet tall in some areas.  At one location, the wall is leaning 30 degrees off of vertical.  He said the City admitted with a notarized statement that it is responsible for the upkeep of the wall.  He presented to the Board a copy of this document, along with copies of Ballwin’s responses to his requests for repairs. 

City Administrator Kuntz said that this problem is limited in scope but extensive in dollars.  The issue first came to this Board’s attention due to a similar situation in front of 103 Meadowbrook Country Club Estates.  The first step in finding a solution was to ask for a legal opinion, which we have received from City Attorney Lucchesi.  He suggested that the City Engineer provide a comprehensive listing of all such walls with photographs.  City Administrator Kuntz suggested a discussion in the Public Works Committee with some potential options as to a course of action to be presented to the entire Board. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke to refer the matter to the Public Works Committee for examination and direction to the full Board.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Richard Brewer, 103 Meadowbrook Country Club Estates:  Mr. Brewer asked if other people have been told that Ballwin will or will not be repairing retaining walls in the right-of-way.  He believes that the subdivision indentures hold the trustees responsible for the maintenance of these walls.  Mr. Brewer said that subdivisions have responsibilities in rights-of-way that are adjacent to people’s properties.  Everything maintained in Meadowbrook Country Club is right-of-way.  City Attorney Lucchesi said that if the homeowners association says that they are going to do this, that is what applies.  Alderman Lembke said that the Board is not in a position to interpret subdivision indentures.  Mr. Brewer asked if it is the intent of the City of Ballwin to prevent an association from being responsible for such right-of-way areas.  City Attorney Lucchesi said no.  Mr. Brewer said that it is his opinion that this issue should be removed from Ballwin’s responsibility and dedicate city funds to other issues. 

Patrick O’Driscoll, 449 Ivywood Drive:  Mr. O’Driscoll asked if it is allowed to have a yard of rocks without grass.  Assistant City Administrator Aiken said that a well manicured yard does not have to be grass.  There’s nothing in the code to prohibit this as long as it is properly maintained and not overgrown with weeds.  Mr. O’Driscoll expressed concern about the Pay Day Loans businesses that charge a high interest rate.  City Attorney Lucchesi said that the State regulates the rates that are charged and the City does not get involved in this.  Alderman Robinson suggested that Mr. O’Driscoll contact State Representative Dwight Scharnhorst since this is a State issue.  Alderman Fleming said that he will be glad to look at the rock yard if Mr. O’Driscoll will provide the address. 

None.

BILL # 3437 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO GLEN DEHART FOR FRONT YARD PARKING AND A VOCATIONAL SCHOOL.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3437.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3437 was read for the first time.

Alderman Fleming asked if all of the city ordinances are met before approving the special use exception, such as the requirement that a deck with a staircase have a handrail on both sides.  It is apparent from viewing from the street that it does not.  Assistant City Administrator Aiken said that an issue such as handrails is controlled by the building code and will be addressed as part of the building permit and inspections processes.

Alderman Robinson asked if the Deharts in this special use exception are the same as one of his previous clients.  The Deharts said they are not.  Alderman Robinson stated that in this case, his vote will not be a conflict of interest. 

A motion was made by Alderman Lembke and seconded by Alderman Pogue for a second reading of Bill No. 3437.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3437 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3437 with the following results: 

Ayes – Pogue, Suozzi, Robinson, Buermann, Terbrock, Fleming, Lembke, Kerlagon.    Nays – None.  Whereupon Mayor Young declared Bill No. 3437 approved and it became Ordinance No. 06-48.

BILL # 3438 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO LAFAYETTE CHURCH OF CHRIST FOR FRONT YARD PARKING.

A motion was made by Alderman Terbrock and seconded by Alderman Suozzi for a first reading of Bill No. 3438.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3438 was read for the first time.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3438.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3438 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3438 with the following results: 

Ayes – Suozzi, Lembke, Fleming, Buermann, Pogue, Kerlagon, Terbrock, Robinson.    Nays – None.  Whereupon Mayor Young declared Bill No. 3438 approved and it became Ordinance No. 06-49.

BILL # 3439 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR THE LAFAYETTE CHURCH OF CHRIST AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Lembke and seconded by Alderman Terbrock for a first reading of Bill No. 3439.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3439 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3439.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3439 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3439 with the following results: 

Ayes – Kerlagon, Buermann, Suozzi, Terbrock, Robinson, Lembke, Fleming, Pogue.    Nays – None.  Whereupon Mayor Young declared Bill No. 3439 approved and it became Ordinance No. 06-50.

BILL # 3440 - AN ORDINANCE AUTHORIZING THE CONTINUED PARTICIPATION OF THE CITY OF BALLWIN, MISSOURI, IN THE MULTI-JURISDICTIONAL DRUG TASK FORCE ORGANIZED BY ST. LOUIS COUNTY.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3440.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3440 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Robinson for a second reading of Bill No. 3440.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3440 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3440 with the following results: 

Ayes – Buermann, Lembke, Terbrock, Kerlagon, Fleming, Suozzi, Robinson, Pogue.    Nays – None.  Whereupon Mayor Young declared Bill No. 3440 approved and it became Ordinance No. 06-51.

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

Appointments:  A motion was made by Alderman Lembke and seconded by Alderman Robinson to appoint Dave Porta for consideration to the Board of Adjustment as a full member.  Mayor Young asked that this appointment be tabled until the next Board meeting for further consideration.  The Board agreed. 

Liquor License:  Mayor Young said this is for Sunday sales by-the-drink for the Hunan Inn to be added to their current license.  A motion was made by Alderman Buermann and seconded by Alderman Pogue to approve the addition of Sunday liquor sales to the current license.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Ambassador’s Club:  Mayor Young suggested a meeting of all of the subdivision trustees in September.  City budget preparation could be discussed and introductions of the Board and trustees.  He would like to have another meeting after the first of the year to explain how the budget will affect the subdivisions.  The trustees could be potential help in various community issues.  Due to schedule conflicts, the majority of the Board rejected a September Saturday meeting.

Alderman Robinson said that a special meeting notice should not be sent to a select number of people.  Alderman Kerlagon said that there are upcoming financial issues that the trustees can possibly help communicate to the public.  Inviting the trustees to this meeting will reinforce calling on them for support in the future.  Alderman Suozzi suggested the meeting be held 45 minutes prior to a Board meeting. 

Alderman Lembke asked how the trustees will benefit from this meeting.  Using the trustees to community city issues with their subdivision residents could put them in a political situation.  He said that Ballwin should not attempt to interpret subdivision indentures or enforce them.  There are legal concerns in doing this.  He suggested introduction of the trustees and Board members could be scheduled during the first 45 minutes of a regular Board meeting. 

City Administrator Kuntz said that after the introductions, the budget process and our financial situation could be explained.  If they have budget related issues, addressing them during budget preparation is easier than mid-year.  Alderman Buermann said that there are many homes in Ballwin that are not represented by Trustees. 

Alderman Robinson said that he does not like the creation of an Ambassador’s Club or a political body with a nametag.  The trustees becoming part of a government club can create problems.  The city should not become involved in passage of an additional tax through the trustees.  A name or label should not be designated.  It should simply be stated that there is going to be a meeting for the trustees to meet the Mayor and Aldermen. 

Alderman Lembke suggested having the trustees fill out a form listing their concerns. 

A motion was made by Alderman Robinson and seconded by Alderman Fleming to table the discussion until a later time or at least after the closed session this evening.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Storm Grant Application:  City Administrator Kuntz said the only project that could be identified is the deteriorated culvert under Holloway, which could be a problem.  Board authorization would commit us to 50% in next year’s budget if it is approved.  The cost would be approximately $60,000 or less.  An application should not be submitted without being in good faith that we are going to move forward. 

A motion was made by Alderman Pogue and seconded by Alderman Lembke to submit the storm grant application.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Budget Transfer:  City Administrator Kuntz said this has been done in the past and is regarding a cash flow issue.  There are projects and bond payments that occur at specific times.  This is a transfer from the operating fund to the capital fund in order to meet the obligations by the end of the year.  If revenue comes in on target as expected, the funds will be replenished to the operating fund by the end of the year. 

A motion was made by Alderman Fleming and seconded by Alderman Lembke for authorization for the fund transfer from operating to capital.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Code Updates:  City Administrator Kuntz said that Finance Officer Loehr has identified several obsolete and/or inaccurate code references specifically regarding finances.  She has recommended that the language be amended, which will require legislation.  The changes are consistent with current practice.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue to have City Attorney Lucchesi draft legislation to incorporate the recommended changes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Board Policy Manual:  City Administrator Kuntz said that the Board Policy Manual was originally adopted under the administration of Mayor Montgomery and has been incrementally reviewed and revised by the Board since the mid 1990s when it was first published.  It provides a comprehensive overview of policies so that when an inquiry is presented, there is a consistent basis for Board response or action.  To change the policy requires a super majority of the Board.  Over the years, some of the practices don’t belong in the Board Policy Manual and should be in the Personnel Rules.  City Administrator Kuntz said that the draft version indicates the deletions and additions.  Staff has reviewed the manual section by section and recommended some changes.  He asked the Board to review the proposed manual and let him know of any changes or concerns.  This will be consolidated and presented to the Board for final approval. 

Developer:  Ballwin has received a request from a developer to assist with property acquisition.  City Administrator Kuntz said that in light of the changing nature of State legislation and the specialized nature of this request, he asked for authorization to obtain written legal opinion from the TIF Council, the firm that did the legal work for Olde Towne Plaza.  This real estate acquisition issue can then be discussed in closed session after the next Board meeting in order to respond to the developer. 

A motion was made by Alderman Lembke and seconded by Alderman Kerlagon to authorize City Administrator Kuntz to obtain the written legal opinion being requested.  A voice vote was taken with 7 Ayes and Alderman Pogue voting Nay.  The motion passed by a vote of 7-1.

Retaining Walls:  City Attorney Lucchesi’s report was given at the start of the meeting under Citizen Comments. 

Political Signs:  Alderman Terbrock asked what can be done about political signs on private property that are not picked up after an election.  City Attorney Lucchesi said that in general, there’s not much that can be done about this. 

Finance & Administration Committee Meeting:  Alderman Fleming requested a meeting of the Finance & Administration Committee on Monday, August 28, at 6:00 p.m., prior to the Board of Aldermen meeting.  He asked the Board to invite the subdivision trustees and any other interested parties to attend this open session. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke to adjourn to closed session to discuss candidate ranking for the municipal judge position.  A roll call vote was taken with the following results:  Ayes:  Fleming, Pogue, Lembke, Buermann, Kerlagon, Robinson, Suozzi, Terbrock.   Nays:  None.  The motion passed to adjourn to closed session at 8:50 p.m.

The Board convened in closed session at 9:00 p.m.  All Aldermen, Mayor, and City Attorney were in attendance. 

A motion was made by Alderman Suozzi and seconded by Alderman Kerlagon 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 9:31 p.m.

Mayor Young announced that the Board met in closed session to discuss the municipal judge position.

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 9:33 p.m.

Walter S. Young, Mayor

ATTEST: Robert A. Kuntz, City Administrator

MC