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

The Pledge of Allegiance was given.

The Minutes of the May 22, 2006 Finance & Administration Committee meeting were submitted for approval.  A motion was made by Alderman Fleming and seconded by Alderman Buermann to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the May 22, 2006 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Robinson to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

None. 

Wenceslao Conti, 575 Highland Ridge Drive:  Mr. Conti said that he previously had small chicks in a pen but was told that they had to be removed due to violation of the Ballwin ordinance.  He asked the Board for permission to have two pigeons in an outdoor cage.  He said he takes medication for depression and the interaction with the animals is additional therapy for this condition.  He said he will submit certification from his physician to verify his condition. 

City Attorney Lucchesi said that allowing pigeons will be in violation of the ordinance, unless there is a vote to change the ordinance.  He said that canaries would be acceptable, kept in the house, but not pigeons unless he had one acre of ground.  City Administrator Kuntz said that if the class is expanded, anyone would be able to raise pigeons.  It would take legislative action to change the ordinance. 

Mayor Young said that there’s nothing that can be done to allow this because at this point, the Board is not willing to change the ordinance.   

Alderman Robinson asked for a letter from Mr. Conti’s physician so that this issue can be reconsidered by the Board at a later date.  He said that this issue can be considered by the Public Health & Safety Committee. 

None. 

NEW BUSINESS 

LEGISLATION 

BILL # 3425 - AN ORDINANCE AMENDING ORDINANCE NUMBER 05-46 BY EXTENDING THE TERM OF OFFICE FOR THE POSITION OF MUNICIPAL JUDGE.

A motion was made by Alderman Buermann and seconded by Alderman Terbrock for a first reading of Bill No. 3425.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3425 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3425.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3425 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3425 with the following results: 

Ayes – Pogue, Robinson, Suozzi, Fleming, Kerlagon, Terbrock, Buermann.    Nays – None.  Whereupon Mayor Young declared Bill No. 3425 approved and it became Ordinance No. 06-36. 

BILL # 3426 - AN ORDINANCE ADOPTING AN ANNEXATION MAP FOR THE CITY OF BALLWIN. 

A motion was made by Alderman Pogue and seconded by Alderman Suozzi for a first reading of Bill No. 3426.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3426 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. 3426.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3426 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3426 with the following results: 

Ayes – Fleming, Kerlagon, Suozzi, Robinson, Terbrock, Buermann, Pogue.    Nays – None.  Whereupon Mayor Young declared Bill No. 3426 approved and it became Ordinance No. 06-37. 

BILL # 3427 - AN ORDINANCE ESTABLISHING A LICENSE AND FEE FOR THE PRIVILEGE OF MANUFACTURING WINE OR BRANDY BY AMENDING CHAPTER THREE, SECTION   3-52 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY THE ADDITION OF PROVISIONS THEREFOR. 

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3427.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3427 was read for the first time. 

Alderman Terbrock asked why is this legislation necessary.  City Administrator Kuntz said that there is a state category for this.  Ballwin didn’t have this category.  This will provide for the continuity to be legal. 

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a second reading of Bill No. 3427.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3427 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3427 with the following results: 

Ayes – Suozzi, Lembke, Fleming, Buermann, Pogue, Kerlagon, Terbrock, Robinson.    Nays – None.  Whereupon Mayor Young declared Bill No. 3427 approved and it became Ordinance No. 06-38. 

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 Lembke to accept the staff recommendations for the Consent Items to accept the marketing plan proposed by the Parks Department, and the rejection of the bids for the ramp.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

MAYOR’S REPORT 

Appointments:  Mayor Young recommended the appointment of Olivia Pieknik as an alternate on the Board of Adjustment.  He said she is on the Comprehensive Steering Plan Committee, has a B.A. in political science and M.A. in communications.   

A motion was made by Alderman Suozzi and seconded by Alderman Buermann to appoint Olivia Pieknik as a Board of Adjustment alternate.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Liquor License Renewals:  Alderman Robinson asked if U.S. citizenship should be required to obtain a liquor license.  He said that he has to prove his citizenship to get a passport.  Chief of Police Biederman said that this is on the form, but every applicant is not checked.  City Attorney Lucchesi said that he is not sure that the State law requires that U.S. citizenship is required to obtain a liquor license.  He said he will check on this.  City Administrator Kuntz said that he doesn’t think that a city of the fourth class can impose greater restrictions than the State allows.   

A motion was made by Alderman Buermann and seconded by Alderman Pogue to accept the proposed liquor license renewals for the businesses that have applied as of this date.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

S.U.E. Transfer:  A motion was made by Alderman Buermann and seconded by Alderman Robinson to accept the transfer for the Hunan Inn and liquor license approval.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

CITY ADMINISTRATOR’S REPORT 

Selection Process for Municipal Judge:  Alderman Kerlagon said that the list has been prepared in a way to narrow the selection process.  Alderman Pogue said that the break is at about 14 applicants that meet the most requirements.  He suggested interviewing the top 14 applicants.  Alderman Robinson said he wants to be sure that minorities are included.  Alderman Suozzi said that over 2/3 of the applicants don’t meet the 15-year criteria.  This could cause a good candidate to be overlooked.  Human Resource Coordinator Morrison said that as you look down the list, the candidates meet less of the criteria that has been requested.  Alderman Terbrock said that the top 15 or 16 should be the cutoff.  This is a manageable number to consider and have met the criteria.  There are applicants with 30 years of experience but don’t meet the other criteria.  He said that we would not want to appoint someone that does not have municipal experience.  Alderman Robinson said that the point system could be reviewed to see if it cuts out minorities.  Alderman Terbrock said that if there is someone who is a clear leader in the point system, this could prevent objective interviews of the other candidates.  Alderman Suozzi said that the Board does not need to know the point totals for each applicant; just that they had enough points to make the final cut. 

A motion was made by Alderman Fleming and seconded by Alderman Terbrock to set up an interview schedule for candidates 1-15.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Alderman Robinson asked for a review to see if any minorities have been excluded.  If so, perhaps the cut process should be reconsidered.  If there are no minorities in the pool of 15, something is wrong with the process.  Alderman Terbrock said that the cut process has taken long enough and should continue based on the motion that was passed.  Alderman Buermann agreed.  Alderman Fleming said that the categories for the cut are fair to anyone applying, regardless of minority status.   

Alderman Buermann said he is comfortable interviewing the top 15 applicants.  Alderman Suozzi said that the Board did not agree that a minority had to be hired.  The cut has been done fairly.  Alderman Fleming said a date for the interviews should be determined.

Alderman Lembke asked if there is anything on the application that indicates that they are a minority?  Human Resource Coordinator Morrison said that there may not be on all applicants.  Alderman Kerlagon said that the criteria and cut process has been fair and said that the process should move forward with interviews of the top 15. 

Alderman Robinson said that months ago, the Board agreed to recruit minority candidates.  This was done.  He asked that the resumes be checked to see how well this was done.  City Attorney Lucchesi said that he does not think the process is flawed.

City Administrator Kuntz suggested that the interview questions be reviewed and select the top 10 questions by 5:00 p.m. next Monday.  An interview date can be selected after that; perhaps two dates to cut the interviews in half.  Alderman Buermann said that copies of the 15 resumes should be provided to the Board prior to the interviews.  City Administrator Kuntz suggested that interviews could be conducted on one weeknight and on a Saturday.  

Refuse Proposal:  City Administrator Kuntz said that the Allied Waste has made tremendous progress in service delivery.  He said that a change in refuse companies is difficult.  The more stability that can be provided, the fewer negative phone calls will be received.  Because of fuel costs, he said he does not dispute the fact that a rate adjustment is necessary.  However, he cannot recommend that the proposal for once a week service with a 35% adjustment be accepted.  He recommended that the proposal not be accepted as submitted, but he does not want to go out to bid if it can be avoided.  He suggested taking it for a year with annual options based on cpi or a formula that is pre-agreed upon.  At any time during the option period, the change can be negotiated, and not make the change so abruptly.

Mr. Lamantia said they want to eliminate the 18 gallon bins for recycling and obtain grant money throughout the contract to get 65 gallon bins for recycling materials.  That’s the only way to keep up with single stream.  Mayor Young said that the size of the containers is still a big issue with the residents.  Alderman Buermann said we should go with once a week pickup, increasing the recycling, but a 21% increase per month is too much to ask the residents to pay, from $14.19 per month to $17.24. 

Mr. Lamantia said that the residents of Chesterfield for the same three services, once a week pickup is $23.96 per month; Maryland Heights, $20.38 per month; Glendale, city paid, $19.63 for all three services.

Alderman Kerlagon said that technology is good, however, everyone that he has shown the large containers has said that it is too large.  Alderman Lembke said that the larger containers will be a problem for many people and they don’t want to do this.  Once a week pickup should not be forced on people.  If they want twice a week, they will have to pay more for it.  Mr. Lamantia said that they would be willing to provide a 65 gallon container for trash instead of 95 gallons. 

Alderman Fleming said that he prefers three bids, however, Allied Waste provides very good service.  If the fees can be more reasonably in line related to the cpi transportation index for the rate increase from 2006 to 2007, and lock it in with a cap for 2007 – 2011, even at a rate greater than what Mr. Lamantia said, which is typically 3%.  There would still be no charge for the bulky item pickup.  Alderman Lembke said that it looks like we will have to go on with this concept for a year or so. 

A motion was made by Alderman Lembke and seconded by Alderman Pogue to have City Administrator Kuntz enter into negotiations with Allied Waste and present a proposal at the June 26 Board meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Estate Sales:  City Administrator Kuntz said the time frame for estate sales should start at 8:00 a.m. instead of 9:00 a.m.  He suggested legislation be prepared consistent with the memo from the Police Department to make the clarifications in the code for estate sales vs. garage sales. 

A motion was made by Alderman Lembke and seconded by Alderman Pogue per City Administrator Kuntz’s suggestions.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Future Meetings:  The Board agreed on the following meeting schedule:  The next Board of Aldermen meeting will be held on June 26 at 7:00 p.m. in the Board room at 300 Park Drive.  The July 10 Board meeting will be held at 7:00 p.m. at The Pointe At Ballwin Commons in recognition of the 10-year anniversary of the facility.  This session will be preceded by a bronze sculpture dedication at 6:45 p.m. in front of the building.  On July 17, the Board of Aldermen will attend a meeting of the Comprehensive Planning Steering Committee at the Golf Clubhouse on Holloway Road, which will feature a presentation by Economic Development Consultant Bob Gibb.  The July 24 Board meeting will be at the Police/Court Center at 300 Park Drive at 7:00 p.m.  A Finance & Administration Committee meeting will be held at 6:30 p.m. on this date, which will include a review of the 2005 financial report.

Mayor Young recommended that the Planning & Zoning Commission members attend the Comprehensive Planning Steering Committee meetings. 

Code Amendments:  City Administrator Kuntz said that this is regarding recommended changes such as reinspection fees and proposals that require legislation to implement. 

A motion was made by Alderman Lembke and seconded by Alderman Terbrock to prepare legislation for the proposed changes.

The motion was amended by Alderman Buermann that the first reinspection should be $25 and not allow for a free reinspection.  Alderman Lembke accepted the amendment to the preparation of the proposed legislation changes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Temporary Fee Adjustment:  City Administrator Kuntz said that this is a marketing strategy in conjunction with the 10^th year anniversary at The Pointe.  In today’s environment there is a lot of competition for recreational dollars.  The only way to continue to be successful on the revenue side is to be sensitive to the economic conditions in the environment.  The recommended proposal does that very well. 

A motion was made by Alderman Lembke and seconded by Alderman Suozzi to approve the temporary fee adjustment proposal.  A voice vote was taken with a unanimous affirmative result and the motion passed.

AT&T / Cingular Tower Lease:  City Attorney Lucchesi said that we have an antenna license with AT&T / Cingular.  Because of the mergers, they want to pull out of the antenna contract.  There are 2 years left on their lease which would be more money than they are proposing.  They are offering us $5,000 if we take it now and they will try to lease the space to someone else with a 10% increase.  City Administrator Kuntz said that they are paid current.  If we exercise their termination notice, they will make one more payment of $8,500.  They are trying to sell leases and Black Dot is the marketing company.  They have been successful in getting other companies to come on.  They will give us the same terms and conditions as they had, plus a 10% surcharge.  Either way, there’s nothing to lose except if we don’t take their suggestion, the chances of someone asking to come on board are not as great as someone from the industry out there recruiting.  He said that we have a contract.  If the Board authorizes, we will sign it and they will send a check for $5,000.  If not, it may sit empty.  He recommended taking the $5,000 option. 

A motion was made by Alderman Kerlagon and seconded by Alderman Lembke to accept the $5,000 option.  A voice vote was taken with a unanimous affirmative result and the motion passed.

None. 

A motion was made by Alderman Buermann and seconded by Alderman Lembke to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:05 p.m.

Walter S. Young, Mayor

ATTEST: Robert A. Kuntz, City Administrator

MC