The Work Session was called to order at 6:37 p.m. by Board President/Alderman Buermann.  In attendance were Aldermen Robinson, Pogue, Fleming, Suozzi, Mayor Young, Alderman-Elect Kerlagon.  Also in attendance were City Administrator Kuntz, Assistant City Administrator Aiken, Police Chief Biederman, Human Resource Coordinator Morrison, and City Attorney Lucchesi. 

Alderman Robinson said he has received a lot of positive comments from the legal profession for the effort to find a new Municipal Judge.

Human Resource Coordinator Morrison said she has advertised the opening per the Board’s instructions.  Alderman Fleming said he is satisfied with the process as it has been set out in the draft. 

Alderman Suozzi said the position should be filled with the best qualified candidate regardless of race or ethnic origin.  Alderman Pogue said he appreciates Alderman Robinson’s work on this project.

Alderman Buermann said he believes that the City is on the timeline that was established.  Human Resource Coordinator Morrison said a review of the responses can be done prior to the closing deadline.  Copies will be given to all aldermen when the solicitation time is past.

City Administrator Kuntz said the questions that will be asked at the interviews needs to be finalized.  The interview process needs to be developed that is simple and well organized.  Alderman Buermann said the questions list should be finalized by the time the applications close.

City Administrator Kuntz said if there is a large number of applicants, the list of interviewees should be reduced to a manageable list.  Everyone cannot be interviewed.  Alderman Robinson said that he is concerned that a thinning process would eliminate good candidates.

Alderman Buermann asked how will the Board do the interviews.  Will it hold a special meeting?  He said this should not be done after a regular Board meeting.

Alderman Fleming said that Bill # 3413 discussed the establishment of a Board policy on this process.

The consensus was that a policy be drafted for the Board’s consideration at the next meeting. 

Alderman Buermann said that June 10 is the most likely Saturday for interviews.  The date possibly cannot be set at this time.

Adjourn:  A motion was made by Alderman Pogue and seconded by Alderman Robinson to adjourn.  A voice vote was taken with a unanimous affirmative result and the motion passed.  The meeting adjourned at 7:00 p.m.

Alderman Buermann, Board President

ATTEST:

Robert A. Kuntz, City Administrator 

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

The Pledge of Allegiance was given.

The Minutes of the April 10, 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.

The Oath of Office was administered by City Administrator Kuntz to Aldermen Pogue, Suozzi, Fleming, and Kerlagon. 

A second roll call was taken as follows:

None.

Alderman Buermann suggested that the Board of Aldermen invite former Alderman Gatton to attend a future meeting to present a proclamation for his service to the City of Ballwin. 

Allied Waste Presentation:  Tony Lamantia, Municipal Account Manager with Allied Waste, presented a proposal for an extension to the contract.  Mayor Young said that many of the senior citizens are concerned about the large size of the proposed 65 and 95 gallon trash containers.  They feel that they will have difficulty moving the container to the curb and the size is too large for storage in their garage.  He said there may have to be public hearings on this before a final decision is made.  Mr. Lamantia said that the same concerns were presented in the City of Ferguson, however, the carts are easy to move with wheels, the lids are connected to the container.  He said it’s very easy to use.  The senior citizens in Ferguson do not have the problem that they anticipated.  This program has been in use in Ferguson since May, 2005. 

City Administrator Kuntz suggested discussion and evaluation by the Public Health & Safety Committee.  He said that if we are committed to the technology of the once-per-week pickup and the automated method, the containers are part of the program.  Perhaps the options could be discussed and minimized before presenting the program to the residents.  The contract expires on December 31, 2006, and there are no extension options. 

Mayor Young said that the Lafayette Area Mayors Organization has suggested a joint program with neighboring cities.  He asked City Administrator Kuntz to talk to other City Administrator’s in the area to see if there has been any solid discussions on a joint program.  Mr. Lamantia said that some of the smaller cities with 300 – 500 single family units are considering a merge to create a better price and one hauler providing service to all of the cities.  He said that Ballwin is a large city.  To join with another large city or smaller cities, Ballwin will probably not get the low price that is anticipated because additional vehicles will have to be purchased to service the whole area that has a joint program.  That is additional capital that will come off the top. 

Alderman Pogue said that nearly half of the Ferguson residents have once per week pickup.  A single can, compared to two or three cans should not be a problem.  Mr. Lamantia said that the resident could buy the container.  He said perhaps the smaller containers could be used by the senior citizens. 

Alderman Buermann said that since Ballwin is one of the largest cities, he feels that Allied Waste can give a better price than what has been presented at this time.  Mr. Lamantia said he will push to do this. 

Alderman Buermann said that Ballwin received an award for the recycling efforts.  Ballwin increased the recyclable materials by 65%.  Mr. Lamantia said that larger containers for recycling will promote even more use and less into the trash. 

Mr. Lamantia said he will be glad to supply a container to several of the senior citizens as a test.  City Attorney Lucchesi said that in Phoenix, they have been using the large bins for five years.  They pick up recycling items one day per week and trash once per week.  He said that Ballwin officials should consider this program, because this is much easier than anything else that Ballwin is doing. 

Alderman Robinson said he agrees with Mayor Young that senior citizens may have difficulty moving the larger bin to the curb.  Mr. Lamantia said that the average home produces about 45 pounds of waste per home.  Alderman Robinson said that there’s no way that his mother would be able to pull the 90 gallon container on an uneven terrain, from the back of the house to the front.  Mr. Lamantia said that she is probably carrying the container at this time.  The new larger containers have wheels, making it much easier to move in situations just like that.  He said the new automated system can utilize the smaller containers.  It can pick up the 35, 65, and 90 gallon container.  Something could be worked out for the senior citizens.  He said this has been done in the City of Ferguson.  He said that his buying power is diminished if he has to keep three different sizes on hand.

Mayor Young requested that Mr. Lamantia display both containers prior to the Board meeting on May 8 at 6:30 p.m. for the Board and interested citizens to evaluate.  This can be discussed as part of the committee meeting.  The containers could be left for a couple of weeks for the citizens to examine if the choose to do so.  He said the work session regarding the Municipal Judge can be held at the end of the Board meeting.  City Administrator Kuntz suggested that an Allied Waste truck be parked at the front of the building to demonstrate the automated process.  Mr. Lamantia said that it might not be total automation in Ballwin.  There will be an additional vehicle that will operate as it is at the present time.  This will take care of certain areas that are not automatable. 

Alderman Terbrock said that if a lot of people show up to observe the procedure, this could disrupt the meeting schedule.  Mr. Lamantia said they will do a quick presentation and then the truck will leave. 

Alderman Pogue requested that 50 – 60 pounds of weight be put inside one of the wheeled display containers so that anyone can test the mobility of the container. 

Al Zenthoefer, 15062 Clayton Road:  Mr. Zenthoefer said that Ballwin is cutting down trees and leaving the stump.  He said it’s impossible to cut grass properly when the stump is till in the soil.  He said either the tree should remain, or the property owner can be responsible for removing the tree and the stump.  Mr. Zenthoefer said that regarding the Clayton Road project, they dig, throw the dirt all over the lawn, and the owner is expected to keep the lawn looking decent.  He said it has been three weeks since this happened.  City Administrator Kuntz said that City Engineer Kramer will report this to the State tomorrow.  He said even though this is not a City of Ballwin project, it’s in our city.  City Engineer Kramer will try to assist with a solution to this situation.

None.

BILL # 3413 - AN ORDINANCE AMENDING CHAPTER 16, ARTICLE II, AND IN PARTICULAR SECTIONS 16-23 AND 16-25 WITH RESPECT TO SELECTION AND QUALIFICATION OF THE MUNICIPAL JUDGE.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a first reading of Bill No. 3413.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3413 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. 3413.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3413 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3413 with the following results: 

Ayes – Fleming, Pogue, Buermann, Kerlagon, Suozzi, Terbrock.    Nays – None.  Whereupon Mayor Young declared Bill No. 3413 approved and it became Ordinance No. 06-25.

BILL # 3414 - AN ORDINANCE AMENDING CHAPTER 22, SECTION 22-60 ENTITLED “TEMPORARY SIGNS” BY DELETING THE PRESENT SECTION AND INSERTING A NEW SECTION 22-60 DEALING WITH SIMILAR SUBJECT MATTER.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3414.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3414 was read for the first time.

City Attorney Lucchesi said that this legislation could be re-evaluated due to limited information at the time of preparation.  City Administrator Kuntz suggested that this legislation be reviewed prior to a vote of the Board. 

Alderman Buermann asked if this legislation will affect the Villas at Meadowbrook in which extension of the signs was declined.  City Administrator Kuntz said no.  The proposed legislation needs to be simplified. 

A motion was made by Alderman Terbrock and seconded by Alderman Buermann to hold over Bill 3414 to the next meeting.  A voice vote was taken with an affirmative result and the motion passed.

BILL # 3415 - AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF BALLWIN TO COMPLY WITH STATE LEGISLATION REGARDING SIMPLIFICATION OF MUNICIPAL TELECOMMUNICATIONS TAXES.

City Attorney Lucchesi said that this bill was prepared quickly because of the impression that this had to be passed at this meeting.  He said the deadline has been extended to May 15.  He recommended that this legislation be held over to the next meeting to allow time for further review.

A motion was made by Alderman Terbrock and seconded by Alderman Buermann to hold over Bill 3415 to the next meeting.  A voice vote was taken with an 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.)

Alderman Terbrock requested that Item A, Street Lights, be removed for further discussion. 

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to accept Consent Items B and C.  A voice vote was taken with 6 yes votes, and Alderman Fleming voting Nay.  The motion passed.

City Administrator Kuntz said that the Grant Authorization may require the vote of all 8 aldermen.  Aldermanic signatures is required on the form.  He doesn’t want to ask any alderman to sign something that he has voted no.  Alderman Fleming suggested discussing Items A, B, and C separately since he intends to vote Nay on Item B.  The Board agreed.  A separate vote will be taken on each item separately.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to rescind his motion to accept Items B and C, and to vote on Items A, B, and C separately.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Board of Adjustment:  Mayor Young said that there is still an opening for one alternate member. 

Town & Country:  Mayor Young said that the City of Town & Country is having a Planning & Zoning Commission meeting on May 3 at 7:30 p.m. at their Municipal Center.  This is to discuss the mixed use development proposal on Clayton Road and 141, the Lucient property. 

Sales Tax Distribution:  Mayor Young said that the City of Fenton has hired a consulting firm for $12,000 to pursue the sales tax distribution issue.  They are upset because they will have to pay back $2.8 million per year, and they are trying to persuade the legislature to change the way this is being handled.  He said the state legislators have said that the chances of this are slim.  Chesterfield attempted to do this last year with an amendment to a pending bill. 

Street Light Trenching:  City Administrator Kuntz said this is a new requirement by AmerenUE that the street lights be installed in conduit, as opposed to a direct bury.  When a street light is requested, either staff or a third party contractor needs to trench and insert the conduit underground before Ameren will activate and install a street light.  He said that the cost was $1,000 per light.  There is a current proposal to trench for 2 lights for $5,581.  He said that streets lights is something that the City provides at no charge to the residents of the City of Ballwin.  The City pays $300,000 annually for street lights.  Ameren provides the lights, therefore, we have to play by their rules.  Most residents are not aware of the cost for street lights.  The Board has discussed cutting cost by using Public Works employees to do the trenching and excavation.  He said that Allied has offered a proposal which is the same price that they offered last year. 

Alderman Terbrock asked if costs in the future could be paid by the subdivisions.  City Administrator Kuntz said that new developments are required to do this. 

Alderman Buermann asked about a solar equivalent to the $300,000 that the city pays for street light electricity.  This will eliminate trenching possibly electric.  City Administrator Kuntz said that the cost is $12 per fixture, the fixtures are owned by AmerenUE, they charge monthly which includes maintenance.  They set the standard about the location, height, and lumination.  He said the problem is that unless solar is used, there is a meter charge, which means that instead of a flat fee per fixture, it will have to be set by meter, and there will be a charge for installation of the meter and the actual usage. 

Alderman Fleming said that all of the current petitions should be honored.  He said that even though the lights cost more, it doesn’t mean that we are spending more each year.  It means that we are getting fewer lights than in the past.  He suggested that the Public Works Committee consider cutting off the petitions at this time and decide that every petition after this be handled in a different way.  Some petitions have been on the list for 5 or 6 years. 

Alderman Pogue said that in December, he spoke to a representative that deals with solar powered lights.  The problem they currently have is that they cannot produce the lumens that a street light needs.  He asked if DIG-RITE can mark the utilities so that the Public Works Department can do the trenching.  City Administrator Kuntz said that this is one issue.  The other issues are equipment rental and the unreasonable expectation of restoration regarding vegetation.  This vegetation suddenly increases in value if there has been any damage of this nature.  He said it’s the combination of the issues that does not make it very cost effective to do this work in-house.  City Engineer Kramer said that DIG-RITE will give an area of the utilities, but not an exact location. 

A motion was made by Alderman Buermann and seconded by Alderman Robinson to accept the bid.  A voice vote was taken with 5 Ayes, and Aldermen Pogue and Terbrock voting Nay.  The motion passed by a vote of 5-2.

Uniforms:  City Administrator Kuntz said that this is regarding the staff shirts for the aldermen and other employees, day camp shirts, swim team.  This is all done by a single vendor.  He recommended that the contract be awarded to the low bidder, and this is within budget. 

Alderman Fleming said he intends to vote no on this, even though he is not encouraging anyone else to vote no.  He said he will submit a memo with suggestions for future purchases of this item. 

A motion was made by Alderman Fleming and seconded by Alderman Suozzi to approve the uniform contract.  A voice vote was taken with 6 Ayes, and Alderman Fleming voting Nay.

Grant Authorization:  City Administrator Kuntz said that the City has been approved for two grants.  He said that these are manpower reimbursement related regarding targeting hazardous moving violations and DUI enforcement.  The condition of approval is that the Board formally sign off that they consent to participation for the police agency. 

A motion was made by Alderman Pogue and seconded by Alderman Buermann to accept the condition of approval.  A voice vote was taken with a unanimous affirmative result and the motion passed.

North Pointe Membership:  City Administrator Kuntz said the cap needs to be imposed at 100 non-residents.  Ellisville has asked that the cap be imposed at 150 for non-family residents under this program.  There is a resident rate and a non-resident rate.  The Ellisville rate is in the middle with the difference being subsidized and paid directly by the City of Ellisville for one year, based on their situation.  He said this will send a message of cooperation to a nearby community that has a pool issue.  Staff would prepare the administration subject to Board approval of the arrangement.  City Administrator Kuntz said that our facility is designed for a population of 50,000. 

Alderman Pogue said he is concerned that Ballwin residents will be pushed out because of increased passes to non-residents at a discounted rate.  He said the Ballwin residents should be taken care of first.  City Administrator Kuntz said that this is not based on anyone being turned away.  The facility is not over capacity and no one will have to be turned away.  Alderman Pogue said that parking is also an issue.  Alderman Terbrock agreed and is concerned that the facility will be overcrowded and the Ballwin residents will be inconvenienced.  City Administrator Kuntz said that parking capacity has been increased by adding the south parking lot. 

Alderman Buermann asked if an additional 100 or 150 family passes will over crowd the facility.  Director of Parks and Recreation Bruer said she believes that 150 would over crowd the facility and will make a difference.  She said that Ellisville sells 100 passes per year for their own pool. 

Alderman Suozzi said that there are unincorporated areas that are just as close as Ellisville that these residents may have purchased Ellisville pool passes.  Now they are left out of the discount because they are not Ellisville residents.  Director of Parks & Recreation Bruer said that they would pay the full non-resident rate.  This program would be for the Ellisville residents only. 

Alderman Robinson asked what has the City of Ellisville done for Ballwin lately.  The Ballwin residents along Ries Road were hoping that Ellisville would work with them on the Reinke Road problem, but Ellisville said that the Ellisville residents were not going to get as much benefit from the project as the Ballwin residents, and they declined to cooperate. 

Mayor Young said that there have been a lot of problems between the two cities.  He said he would like to see Ellisville and Ballwin and the neighboring cities work together to make things better.  He said that some of the decisions were made by people who are no longer on the Board at Ellisville.  Ellisville has said that they need help, that their prior Board has made mistakes.  They have asked for our assistance. 

Alderman Buermann said that he agrees that we should look forward instead of looking backwards.  He suggested that the limit be 100 family pool passes.  If more can be accommodated, that could be addressed at a later date.  He said that the Board has talked about cooperating with other cities, and this is an opportunity.

Alderman Robinson said that there has been complaints about limited pool parking.  Additional Ellisville residents using the Ballwin pool will equate to parking spaces that Ballwin residents will not be able to use.  He said that Ballwin residents will say that they couldn’t use the pool that their taxes paid for and a price break is being given to Ellisville residents.  They will remind us that the city-paid recycling was eliminated and Allied Waste trash pickup charges will increase next year.  He said that this is inconsistent with taking care of the Ballwin residents.  Alderman Pogue said that he cannot support this issue of granting the discount memberships to Ellisville. 

City Attorney Lucchesi said that the rate to be paid to Ballwin is not a discount.  Ellisville will be paying a portion of the rate for their residents.  Non-residents pay $345.  This will be $35,000 - $40,000 more that Ballwin will get to let the Ellisville residents use the facility for a year.  Alderman Robinson said that Ellisville doesn’t need Ballwin to approve anything if they are going to reimburse their residents for half of their non-resident rate.  Alderman Terbrock said that Ellisville is asking Ballwin to approve a reduced rate and they will reimburse their residents for a portion of the reduced rate.

Alderman Buermann said that this issue could be tabled until the number of Ballwin memberships is determined.  Mayor Young said that this will mean waiting until June when the season is in progress.  Alderman Buermann said that he is suggesting waiting until the next Board meeting on May 8 to make the decision to give time to determine the volume of Ballwin passes being purchased.  He said we should help Ellisville if possible. 

A motion was made by Alderman Pogue and seconded by Alderman Robinson to completely decline the Ellisville proposal.  A voice vote was taken with the following result:  Aye:  Pogue, Robinson, Terbrock.  Nay:  Fleming, Buermann, Kerlagon, Suozzi.  The motion to decline the Ellisville proposal failed by a vote of 4 - 3. 

A motion was made by Alderman Fleming and seconded by Alderman Suozzi to table this issue until the next Board meeting.  Alderman Terbrock asked how this can be tabled after the motion to decline the Ellisville proposal failed.  City Attorney Lucchesi said that the rejection was defeated.  A voice vote was taken to table the issue until the next meeting.  The result of the vote was:  Aye:  Buermann, Suozzi, Fleming, Kerlagon, Terbrock.  Nay:  Pogue, Robinson.  The motion to table passed by a vote of 5 – 2. 

A motion was made by Alderman Terbrock and seconded by Alderman Suozzi to draft legislation to opt out of the sales tax holiday.  A voice vote was taken with the following result:  Aye:  Buermann, Suozzi, Pogue, Terbrock, Kerlagon.   Nay:  Fleming and Robinson.  The motion passed by a vote of 5 – 2. 

None.

Bid Process:  Alderman Fleming said that the bid process should have at least three bids.  There are items that were approved at this meeting that did not have three bids.  He said there are Ballwin businesses advertised on the Ballwin website that did not receive a bid letter.  He said that the Finance & Administration committee should consider this at a future meeting.

Operation Clean Stream:  Alderman Pogue said that Operation Clean Stream has been marking the tops of sewers with an emblem so that waste will not be dumped into these sewer lines because they drain to streams.  This is in cooperation with MSD. 

E-mail:  Alderman Terbrock asked if it is required that all correspondence be viewed by the Board.  Alderman Suozzi said that when someone is trying to notify an Alderman of a problem, there’s no reason to forward this to the rest of the Board.  If this is an issue that is before the entire Board, then it should be forwarded. 

Aldermanic Workshop:  Alderman Buermann said that there will be another Workshop regarding the hiring practice and selection of the Municipal Judge on May 8 at 6:30 p.m.  He said this could change if the Allied Waste demonstration is in progress at that time. 

A motion was made by Alderman Fleming and seconded by Alderman Robinson to establish a Board policy for a procedure for hiring the Municipal Judge.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:20 p.m.

Walter S. Young, Mayor

ATTEST:

Robert A. Kuntz, City Administrator

MC