The meeting was called to order by Mayor Young at 7:04 p.m.

The Pledge of Allegiance was given.

The Minutes of the March 27, 2006 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Gatton to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Mayor Young introduced Boy Scout Troop 387 from the United Church of Christ in Manchester. 

BILL # 3408 - AN ORDINANCE APPROVING A MXD SITE DEVELOPMENT PLAN FOR KEHRS MILL PLACE SUBDIVISION.

Mayor Young asked about the capacity of the detention basin and potential pipe blockages in Kehrs Mill Crossing Condominiums.  Richard Halsey, Hall and Halsey Associates, landscape architects in the project for Mr. Ron Hopper described the storm water proposal.  Mr. Halsey agreed to provide 15% excess detention capacity, agreed to relocate mailboxes if necessary, but does not want to bore in the sewer pipe.  He said that boring could mean potential damage to the pool.  He said that MSD would have to give approval. 

Alderman Suozzi asked who would be responsible for determining if there is a blockage in the existing pipe system.  City Engineer Kramer said that the detention basin belongs to the existing condominiums.  Any blockage, cleaning or clearing would be the responsibility of the condominium association.  Neither the City nor MSD maintain detention basins. 

Assistant City Administrator Aiken said that the streets and storm sewers in this development were originally private.  The city took over the streets and storm sewers for public maintenance, but the storm sewers are not routinely inspected unless there is evidence of a blockage.  He said that MSD will not accept the storm sewers if there is any blockage in the final inspection. 

Alderman Lembke said that the condominium association should be encouraged to get someone to insure that from the first manhole back to the retention basin that it is clear and clean and to contact MSD to try to get them to insure that whenever an overflow occurs, that there isn’t something blocking the pipes downstream.  He said if there is a blockage downstream, there’s nothing the City can do because it’s the responsibility of MSD. 

Alderman Lembke asked that the city staff contact MSD and ask them to review this so that the condominium association residents can feel comfortable knowing that there is or isn’t a blockage in the line, and that the city has done what it can for them.

Alderman Lembke said that Mr. Halsey is offering to provide 15% more detention capacity that MSD requires.  He said that MSD doesn’t require detention on a project of this size, but it will still review the detention basin plans.  He said that Ballwin can help the condominium residents to be sure that the MSD storm water sewer lines are open.  If there is a blockage in their portion, the association will take action on this.  If the blockage is in MSD’s area, then MSD will have to take care of it. 

Alderman Pogue said that there could be an increase in volume, but not an increase in the flow rate.  The volume will be stretched out over a period of time.  The maximum flow rate will be equal to what was there before the house was built.

Alderman Gatton said that he does not recall that this Board has ever requested a sewer inspection before approving a development.  He said that this is breaking new ground.  Even if the storm sewers were inspected today, a blockage could occur in the future.  If it is perfectly clear today, it may not be clear at some point in the future.  He said he does not think an examination should be required as a condition of approval.  He said that the developer is going above and beyond the requirement. 

Alderman Lembke said that he did not mean to stipulate that an inspection would be a condition of approval.  Regardless of what takes place at this meeting, he asked that staff contact MSD and ask it to check out the system.  This is strictly for the homeowners of the condominium association so that if there is a blockage, they will know and can put pressure on MSD.  He said that he is not attempting to make this part of the Board’s recommendation or motion.

City Administrator Kuntz said that we will do that if this is the direction of the Board. 

Mayor Young asked about the best route of construction for the storm connection to existing sewers.  Mr. Halsey said that four driveways will have to be crossed.  He said that this will be coordinated to work with the residents and the city.  The driveways will be useable in 8-12 hours.  He said that the mailboxes can be temporarily moved across the street if necessary to facilitate construction.

Alderman Terbrock asked about potential damage to the pool.  Mr. Halsey said that boring could possibly damage the pool.

Alderman Robinson asked if the homeowners were contacted regarding the temporary parking.  Mr. Halsey  said that one of the owners was contacted and he agreed to the open excavation.  Mr. Schlumpberger, Kehrs Mill Crossing Condo President of the Board of Directors, contacted the other three owners. 

Roy Schlumpberger, 112 Holloway Road, President of the Kehrs Mill Crossing Condominium Association.  Mr. Schlumpberger said there will be more runoff after the new development because the grass is being covered and there will be no place for the water to soak down.  He said the only way the detention basin can flood and overflow is if a blockage is downstream under the park.  It can’t flood from up above.  He said that when the detention pond is doing its job, it will fill up to a certain point and then gradually run out of a smaller pipe.  He said during tremendous downpours, the detention pond will fill up to the overflow point.  The water will come up and flow out of both of the drains on the east and west side on the north end, runs down the bank, and into the park. 

Mr. Schlumpberger spoke about the routing from the detention pond on the Kehrs Mill Road project.  He said that, in talking to 3 of the 4 owners who will be affected by this, one said he doesn’t care if it goes in front or back.  The other two said they would rather have it in front, and the fourth owner could not be reached.  He said that if it can be worked out where the owners don’t lose use of their driveways for an extended period of time and they can get their mail, the front method is the best route.  He asked that all of the shrubs and trees be put back to their current condition.

Mayor Young asked about the parking for the construction vehicles.  Mr. Halsey said that this will be on site where the green space is shown in front of the proposed location.  He assured the Board that the driveways will not be blocked and any unloading of materials will be temporary and will not block driveways. 

A motion was made by Alderman Pogue and seconded by Alderman Buermann for a second reading of Bill No. 3408.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3408 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3408 with the following results: 

Ayes – Pogue, Robinson, Suozzi, Gatton, Terbrock, Lembke, Buermann.    Nays – None.  Whereupon Mayor Young declared Bill No. 3408 approved and it became Ordinance No. 06-22.

BILL # 3409 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR KEHRS MILL PLACE AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3409.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3409 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3409 with the following results: 

Ayes – Gatton, Suozzi, Robinson, Terbrock, Buermann, Pogue, Lembke .    Nays – None.  Whereupon Mayor Young declared Bill No. 3409 approved and it became Ordinance No. 06-23.

Lynn Goetz, 14706 Clayton Road:  Mr. Goetz asked if Ballwin has put a moratorium on development along Clayton Road.  City Administrator Kuntz said the Board put a moratorium in place.  He said this is related to rezoning and was not tied to sales of property.  Mr. Goetz said that his neighbor two lots east cannot sell his house to a developer who would put two houses on the property.  He asked if this is correct.  Alderman Lembke said this is correct at this time because of the Board’s moratorium on rezoning.  If the neighbor sold his property to a developer, and the developer asked for a rezoning, it would not be considered until direction is received from the Strategic Planning Commission on what steps should be taken in that area.  He said the commission has not yet made a decision.  Mayor Young said there will be a commission meeting on April 20 and 27 at the Golf Course.  The meetings start at 6:00 p.m. and is open to the public. 

Alderman Terbrock said that there was a 3-month time period for the moratorium that expires on May 13. 

Alderman Gatton said that the Minutes of February 13 reflect that the freeze applies for only 3 months to the properties to the east of Mr. Goetz’s property. 

None.

BILL # 3412 - AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 5, SECTION 6-91 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY INCREASING THE NUMBER OF ALTERNATE MEMBERS OF THE BOARD OF ADJUSTMENT TO CONFORM TO STATE LAW.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3412.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3412 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. 3412.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3412 was read for the second time.

Alderman Lembke said in the past there has been one alternate member.  It was difficult at times to insure a quorum.  State law allows up to 3 alternate members.  This will insure that the Board of Adjustment business can proceed in a timely fashion.

A roll call was taken for passage and approval of Bill No. 3412 with the following results: 

Ayes – Robinson, Gatton, Lembke, Pogue, Suozzi, Terbrock, Buermann.   Nays – None.  Whereupon Mayor Young declared Bill No. 3412 approved and it became Ordinance No. 06-24.

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

Board of Adjustment:  Mayor Young said that he has suggested appointment of Steven Nichols to the Board of Adjustment to fill the vacancy of Michael Wind. 

A motion was made by Alderman Gatton and seconded by Alderman Lembke to appoint Steven Nichols to the Board of Adjustment from Ward 4.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Suozzi said that we now have one representative from Ward 1, the Chairman is from Ward 2, three representatives are from Ward 3, and now one representative is from Ward 4.  Mayor Young explained that there was one alternate on the Board, one was appointed tonight, and one more is needed.  Alderman Lembke said he will provide information on an individual that he would like to suggest for this position.  Mayor Young said that there is another person that has been suggested for Planning & Zoning.  Perhaps he can be consulted regarding the Board of Adjustment.  Both names can be considered by the Board at the next meeting. 

Skid Resistance Surface:  City Administrator Kuntz said this is a chronic condition at a curve on Henry Road that’s at the common border between the cities of Manchester and Ballwin.  He said that guard rail replacements have been done at least 3 times in the past year, the Police Department and City Engineer have studied this.  He said that simply changing the speed limit won’t solve the problem.  Staff recommends scarifying the pavement to add a skid resistant surface.  He said that a split in cost is being discussed with the City of Manchester.  This is unbudgeted, however, this is a safety issue.  He also suggested that this skid resistant surface be applied to Ries Road at the 4-way stop sign with Twigwood.  This should be applied to both sides Ries Road.  He said that both locations could be treated.  He recommended that the surplus in the mudjacking account be combined with funds from contingency to pay for the work.  Alderman Lembke said that it’s important to treat both the uphill and downhill sides of the road due to slippery conditions. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann to scarify Ries Road north and south at the intersection of Twigwood, and also Henry Road.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CGI Contract:  City Attorney Lucchesi said that the company has met the concerns that he raised.  Alderman Buermann said that he doesn’t want people driving down the road and checking the website on banners.

A motion was made by Alderman Buermann and seconded by Alderman Gatton to withdraw and not consider the banners at this time.  Mayor Young asked if the web environment will be used.  Alderman Buermann said that he recommends not using CGI at all.  Alderman Gatton said this is his understanding in his second of the motion.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Signs:  Alderman Gatton said that he has been asked by some of the Manchester Road businesses to re-evaluate the temporary sign policy and make it more flexible.  After speaking with Code Enforcement Supervisor Klein, he recommends that the Board consider increasing the number of temporary signs by allowing additional the two 30-day permits, and/or creating 7-day permits.  He said that three 30-day permits are presently allowed for new businesses.  He said that he has not received any complaints from residents about the number of signs along Manchester Road, including the temporary signs.

Alderman Buermann asked about the number of temporary signs allowed in a plaza.  Assistant City Administrator Aiken said that in a plaza, only two temporary signs are allowed at one time.

Alderman Buermann asked if solicitation permits are issued to people who stand on corners and hold signs.  Alderman Suozzi said that charging for this is not allowed in a bankruptcy situation.  City Administrator Kuntz said that a charge cannot be made for this type of sign in any situation because it ties into freedom of expression and free speech.  He said the legal options are somewhat limited.

Alderman Lembke said that the businesses should be given more opportunity to advertise with signage if it is done legally.

A motion was made by Alderman Gatton and seconded by Alderman Lembke to draft legislation to increase the number of temporary signs allowed by going to two 30-day permits plus five 7-day permits, and increase the number of special event permits to 6 per year, plus allowing a new business within the first year of its operation a third 30-day permit.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Work Session for hiring the Municipal Judge:  Alderman Buermann said that a Work Session was held this evening at 6:00 p.m. regarding the procedure for hiring the Municipal Judge.  There are various lawyer associations that will be contacted, and newspaper ads will be used.  This will also be on the City of Ballwin website.  The selection committee will be an at-large committee from the Board of Aldermen.  This process will lay a foundation for future hiring of the Prosecuting Attorney and City Attorney.  City Administrator Kuntz said the ad will go out this week with the deadline.  Nominations will be submitted to Mayor Young to propose to the membership of the committee.  Phase 2 will be the evaluation process and selection.  The information should be confidential because it is personnel information.  A preliminary review will be conducted, and sorted into the question mark group and the ones who met the qualifications.  The committee will review and develop an interview process.  He said that at least 30 days will be needed to advertise. 

Alderman Buermann said that at 18 month to 2 years, there would be a review process, and the term would automatically be extended if the Municipal Judge was doing a satisfactory job.  City Administrator Kuntz said that a performance review of the City Attorney, Municipal Judge and Prosecuting Attorney should be done annually in fairness to the incumbents to know what the level of expectation is. 

Alderman Lembke said that it is the responsibility of the Mayor to appoint all committees.  If the Board was to be the committee, this might not be legal, because this could take away from the Mayor the responsibility of the appointment.  City Attorney Lucchesi said that this would not void the duty of the Mayor because the Mayor is a member of the Board.  He is on the committee as well.  City Administrator Kuntz said that this does not have to be considered a committee.  It is a special meeting of the Board for the purpose of discussing a topic that is going to extend over more than one meeting.  City Administrator Kuntz said that the term of the judge was previously presented in draft legislation, but it was tabled and not adopted.  He said that the words “finance committee” should be removed from the current ordinance and replaced with a statement of the process will be utilized at the time of vacancy by the majority of the Board of Aldermen. 

A motion was made by Alderman Robinson and seconded by Alderman Buermann to draft legislation for consideration and discussion for hiring of the Municipal Judge.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Buermann asked if the Board wants to meet at 6:30 on April 24 for further discussion on the selection criteria and interview questions for the hiring of the Municipal Judge.  If further discussion is necessary on this date, the work session can be resumed at the end of the Board meeting.  Alderman Lembke suggested meeting at 6:00 p.m.  City Administrator Kuntz said that at the next session, the discussion will be to simply refine the selection criteria and review the interview questions.  We should be fine with a 6:30 p.m. starting time.

Recognition:  Alderman Buermann thanked Alderman Gatton for all of the years of service that he gave to the City of Ballwin.  He said that Alderman Gatton had a lot of passion and courage to promote the Clean Air Act in Ballwin.  He said that Alderman Gatton has earned his respect and sincerely wished him the best of luck in the future. 

A motion was made by Alderman Gatton and seconded by Alderman Lembke 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