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

The Pledge of Allegiance was given.

The Minutes of the March 13, 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.

None.

Lynn Goetz, 14706 Clayton Road:  Mr. Goetz asked how are parents supposed to make sure the child is wearing the helmet when not in sight of the parents.  Alderman Robinson said that the proposed legislation gives the parents and police another tool to encourage the use of helmets to protect against head injuries.  Mr. Goetz asked what will happen if a child is caught riding in the park without a helmet.  Police Chief Biederman said that a summons will be issued to the parent.  Mr. Goetz said that he has a problem with punishing the parents for what the kids are doing when the parents cannot see what is happening.  He asked what can be done to help the parents on this issue. 

Jim Keefe, 924 Dutch Mill Dr, representing the Woods Mill Subdivision Trustees.:  Mr. Keefe thanked the City for rebuilding the lower 1/3 of Dutch Mill Dr.  He said the funds for the upper 2/3 of Dutch Mill have been dedicated to other areas.  He asked that Mansion Hill, Garden Way, and Green Lantern be considered for micro-surfacing, and at least one of the streets be repaired this year with the other two scheduled for next year.  He asked that any available funds be used on the streets in the poorest condition. 

Dennis Eagan, 332 Oakmont Farm Drive, Trustee in the Ridges of Oakwood Farm Subdivision:  Mr. Eagan said that recently underground boring equipment struck and damaged the underground conduit for the electrical feed for the subdivision monument.  The cost of the repair was $1,200.  The company that did this is in bankruptcy.  Through much communication, the subdivision has been reimbursed for the repair.  Contractors are required to post a performance bond with the City to cover damage.  He asked why are the subdivisions not protected by this performance bond.  He asked if no bond is posted, what recourse do subdivisions have.

City Administrator Kuntz said that the utilities have argued successfully that because they are public utilities within the public right-of-way, they have been able to get around the bond requirement.  He said that the utilities have been able to legislate protection which exempts them from many of the local requirements such as bond posting.  He said it is his understanding that they specifically cited the statute that exempts them from this municipal requirement.  As more of the utility companies deal directly with the State, the cities will have less regulatory control.  He said he will verify this information with City Attorney Lucchesi. 

None.

BILL # 3407 - AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-28 OF THE CODE OF ORDINANCES, ENTITLED “BICYCLES, SKATEBOARDS AND ROLLER SKATES” BY DELETING THE PRESENT SECTION AND INSERTING A NEW SECTION ENTITLED “BICYCLISTS, SCOOTER OPERATORS, ROLLER BLADERS, ROLLER SKATERS AND SKATEBOARDERS.”.

A motion was made by Alderman Suozzi and seconded by Alderman Fleming for a first reading of Bill No. 3407.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3407 was read for the first time.

Alderman Buermann said that this is strictly within the City parks, and the title does not designate that.  City Administrator Kuntz said that this is exactly the same legislation that was passed by St. Louis County. 

Alderman Fleming said that this legislation is only for enforcement for people under the age of consent when they are using city facilities.  This is not only for safety, but also because of city liability.  People will not be followed out of the parks when enforcing the ordinance.  He said this is not designed to interfere with people’s private property rights. 

Alderman Buermann expressed concern about enforcement when someone is only cutting through the park.  Alderman Fleming said that the fine is $25 and will be waived if the child comes back with the parent with a properly fitting helmet.  He said the goal is to help people educate the children. 

Alderman Lembke said that this legislation will protect the assets of the city. 

Mayor Young asked how will the situation be handled upon stopping a child without a helmet.  Police Chief Biederman said that there would not be an arrest.  There would be a fine and speaking with the parents even if the child is 16 years old.  He said the officer would try to educate the parents as well as the children. 

Alderman Buermann asked how many bicycle police officers does Ballwin have.  Police Chief Biederman said about 6.  Alderman Buermann suggested that perhaps these officers could be the educators.  Mayor Young asked if an ordinance is necessary to educate the children on this issue.  Police Chief Biederman said that it is helpful to have an ordinance available to help educate the public.  It would be a low key approach.  He said that from a liability standpoint, it is better for the city to have the ordinance available.

Alderman Fleming said that the schools have cut back the time for the police officers to educate the students.  Alderman Gatton said that wearing helmets is becoming acceptable more frequently in the community.  An ordinance will be useful in promoting this safety tool. 

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3407.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3407 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3407 with the following results: 

Ayes – Lembke, Fleming, Pogue, Robinson, Suozzi, Gatton, Buermann,  Nays – None.  Whereupon Mayor Young declared Bill No. 3407 approved and it became Ordinance No. 06-19.

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

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first 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 first time.

Alderman Pogue said that staff recommended boring and asked if the developer will agree to do the boring rather than going through front yards for the connection. 

Richard Halsey, with Hall and Halsey Associates, landscape architects, said that a sewer line pipe at minimum will be 12 inches in diameter.  He said when using a boring machine, the operator loses a lot of control and the damage can be done without knowledge of the operator.  He said they agreed with the Planning Commission to meet with staff and discuss this in greater detail.  He said that boring is not the best solution. 

Alderman Pogue asked if the developer is willing to establish an escrow account for 3 years to protect any damage that might occur after the development is complete to protect the residents from any damage to the detention area.  Mr. Halsey said that it could not be determined that the damage came from the new development. 

Alderman Pogue asked what would be the estimated starting date for the development and what parking arrangements would be made for the workers.  Street parking is very limited.  Mr. Halsey said that the storm water program will have to be approved by Ballwin and MSD.  Alderman Pogue said that the detention area has overflowed at least once.  There has been overflow backup through the manholes in the street.  Mr. Halsey said that the purpose of detention is to design the facility that will not allow water to run off of the property any faster than it is already.  Alderman Pogue asked if the volume will be increased.  Mr. Clay Vance, Civil Engineer with Vance Engineering said that the volume of water is not the problem.  The big push of water all at one time will be diminished by detention.  Alderman Pogue said that detention is required by the city to protect the surrounding residents.  Mr. Vance said that the minimum required volume is just a calculation.  The detention volume shown on the plan is enough to meet the minimum.  There is ample room to increase this. 

Alderman Lembke said that storm water is a problem.  If the detention is designed to small, the residents will have to be told that only the minimum requirements were enforced.  He said it is the Board’s responsibility to make sure that even though MSD’s standard is less, we have to step in and make sure that the residents are being taken care of. 

Mr. Halsey said that they are willing to over retain on the property up to a logical point. 

Alderman Robinson asked during the period of construction to lay the pipe, how long will it be that the residents will not be able to use their garages and driveways.  Mr. Vance said that it should be between 1 and 2 days at the most.  Alderman Robinson asked that the developer contact the four property owners and explain the situation to them, and give them an alternative to parking their vehicles for the 1-2 days.  There is limited parking on the street due to the mail boxes. 

A motion was made by Alderman Pogue and seconded by Alderman Fleming to table this legislation until the next Board meeting on April 10 so that questions can be answered by City Planner Aiken and additional information supplied by the developer.  A voice vote was taken with a unanimous affirmative result and the motion passed.

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 Pogue and seconded by Alderman Buermann for a first 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 first time.

A motion was made by Alderman Pogue and seconded by Alderman Buermann to hold over this legislation until the April 10 Board meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed.

BILL # 3410 - 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 Pogue for a first reading of Bill No. 3410.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3410 was read for the first time.

Alderman Robinson said he is opposed to this extension.  The term was extended six months ago, and little has been done regarding the process.  He said he was against the appointment of Mr. Hetlage and the appointment did not get approved, however, he is still in the position of Municipal Judge.  He said that there has not been any action on this in the past 6 months, no other candidates have been suggested, and there is no established hiring process.  He said this term should not be extended and the process to hire a Municipal Judge should begin. 

Mayor Young said that on December 12, 2005, Alderman Robinson requested a committee to set up a process to appoint a Municipal Judge.  It was suggested that a committee plus the Mayor should formulate the process.  This was to be revisited by the Board at the first of 2006.  He said it was not brought back to the Board until February 13.  He said that due to many issues, Alderman Robinson asked that this be held over.  On February 27, there was still discussion on how the process would work.  At the end of that meeting, it was agreed that the Board would discuss this at the next meeting, March 13.  He said that this was not done at that time.  Mayor Young said that City Attorney Lucchesi has not heard from Alderman Robinson about this.  He said that at this point, there is no discussion other than to re-appoint Mr. Hetlage so that the process can be formulated.  If this is not done, he said there is a state law that authorizes the Mayor to contact the St. Louis County Municipal Court Judge, wherein she will appoint Judge Fleer as the Judge until such time as the process is completed.  He said that it would be in Ballwin’s best interest to re-appoint Mr. Hetlage until the process is complete.  He said that Mr. Hetlage has done a good job for the City for the past 6 years as provisional judge.  He said that he has not put any breaks on this selection and has waited for Alderman Robinson’s procedure suggestions as requested. 

Alderman Buermann suggested some restrictions be added to this proposed legislation and proceed with a procedure to finalize the Municipal Judge appointment. 

Alderman Robinson said that he proposed a committee of one alderman from each ward to begin the search process.  This suggestion was not approved.  Mayor Young said that a process has not been agreed upon. 

Alderman Buermann suggested that on April 10, the Finance & Administration Committee meet, including all aldermen, starting at 6:00 p.m.  The process that is agreed upon during that meeting could be started as quickly as 2 weeks from now. 

Alderman Robinson said that the only think that has been agreed upon is that the Judge does not have to be a Ballwin resident.  Alderman Buermann asked that a committee meeting be scheduled for April 10 to review all suggestions.  He said that right now the only option is to have a Municipal Judge. 

Alderman Robinson said that the current ordinance states that the Finance & Administration Committee will recommend candidates to the Mayor.  He  suggested taking this out of the Finance & Administration Committee’s hands and creating a hiring committee.  He said this could be done tonight.  The hiring committee will advertise, create the process, and hire. 

Alderman Fleming said that since the original extension was signed in October, 2005, he suggested extending the appointment to October, 2006.  This will give a full year to work on the hiring process. 

Alderman Lembke said that as of April 2, 2006, we will not have a Municipal Judge.  Instead of shutting down the Municipal Court, the Mayor can contact the St. Louis County Municipal Judge, wherein she will appoint a judge for Ballwin. 

Alderman Robinson asked what is the problem with the hiring process that was last suggested.  Alderman Lembke said that there was a point value associated with certain aspects.  Not everyone on the Board was comfortable with this.  There isn’t a new system at this point in time.  Alderman Robinson said that the old system is all that exists right now.  He said the old system is not being followed. 

Mayor Young said that the old system is that the Mayor suggests a name to the Board.  City Administrator Kuntz said that most of the process is procedural and does not have to be in legislation form. 

Alderman Suozzi said that extending the appointment to October 1, 2006 is too long.  Mayor Young suggested extending to July 1, 2006.  Alderman Suozzi agreed that July 1 would be a good compromise, and the first meeting could be April 10. 

Alderman Robinson suggested taking the hiring process out of the hands of the Finance & Administration Committee.  The hiring committee could be one alderman from each ward.  They will be charged with the duties of advertising for the position, creating a process to be followed, and hiring.  If Mr. Hetlage is appointed until July 1, and the Board starts discussions in April, with a final resolution in May, there isn’t sufficient time to adequately advertise so that more than 14 people apply for the position. 

Alderman Buermann asked if the Board voted tonight to have the Human Resource Coordinator start the advertising process, with May 15 being the closing date for resumes, this should be sufficient time.  City Administrator Kuntz said that subject to the broad parameters as prepared, drafted, and submitted by City Attorney Lucchesi. 

Alderman Robinson said that we should actively recruit candidates from diverse backgrounds.  He said that this can be done by contacting the Minority Bar Association.  He said that with this addition, he will agree to extend the term to July 1. 

Alderman Lembke proposed an amendment, the addition of Section 5, that states to serve at the pleasure of the Board of Aldermen, until July 1, 2006.  City Administrator Kuntz said that what has to be in the ordinance is a sequential motion to draft legislation to amend the current ordinance to include a selection committee. 

City Administrator Kuntz said that a copy of the ad will be sent to each alderman for comments and suggestions.  The Board agreed that all aldermen should participate in the April 10 meeting at 6:00 p.m. for discussion regarding the hiring process. 

The amended motion was seconded by Alderman Gatton.  A voice vote was taken with a unanimous affirmative result and the amended motion passed.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3410, as previously amended in the first reading.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3410 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3410 with the following results: 

Ayes – Suozzi, Lembke, Fleming, Buermann, Pogue, Gatton, Robinson.    Nays – None.  Whereupon Mayor Young declared Bill No. 3410 approved and it became Ordinance No. 06-20.

BILL # 3411 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN, MISSOURI, ON BEHALF OF THE CITY, TO EXECUTE AN AGREEMENT WITH RESPECT TO CERTAIN PROPERTY.

A motion was made by Alderman Gatton and seconded by Alderman Buermann for a first reading of Bill No. 3411.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3411 was read for the first time.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a second reading of Bill No. 3411.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3411 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3411 with the following results: 

Ayes – Fleming, Pogue, Lembke, Buermann, Gatton, Robinson, Suozzi .   Nays – None.  Whereupon Mayor Young declared Bill No. 3411 approved and it became Ordinance No. 06-21.

City Administrator Kuntz explained that this is related to the State’s requirement regarding the Senate Bill and Telephone Gross Receipts Tax.  The Supreme Court will be hearing this next week.  The Municipal League recommended passage of this Resolution. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann to adopt the Resolution.  A voice vote was taken with a unanimous affirmative result and the motion passed.

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 recommended appointment of Steven Nichols, 434 Paula Vale Ct., in Melanie Meadows, Systems Specialist with the Federal Aviation Administration, to the Board of Adjustment, replacing Michael Wind who moved to the Planning & Zoning Commission. 

Mayor Young recommended that another alternate be considered to have two alternates.  There would be 5 permanent members and 2 alternates.  The Board of Adjustment is not ward sensitive to representation.  Alderman Gatton said that previously a second alternate position was approved.  The next Board of Adjustment meeting is April 20. 

Alderman Robinson requested that future appointment recommendations, be preceded by correspondence or resume prior to the Board meeting where approval will be requested.  He also asked about the Policy Manual and to have easier access to the Manual.

Alderman Buermann said that the Policy Manual is in good shape and is up to date.  City Administrator Kuntz said that an appointment section could be added to the Policy Manual for the controversial appointments.  He said that the Policy Manual was adopted by ordinance.  It takes a super majority to amend any policy.  The topics are listed by category.  He said the Policy Manual is a secondary set of procedures.  The policies do not qualify as legislation.  An ordinance is in the code book for the public.  Policies cover everything that we do such as creek cleaning, storm water, driveway aprons, golf, use of facilities.  When the policies are revised, a date and method of revision is noted in the heading. 

A motion was made by Alderman Buermann and seconded by Alderman Lembke to hold over the appointment to the April 10 Board meeting, and draft legislation to change the Board of Adjustment to two alternates, if this has not already been done.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Robinson said he is troubled by the lack of diversity on the commissions.  He asked what is being done to create diversity on the Boards and Commissions.

Street Improvements:  City Administrator Kuntz said there two options that have been provided by City Engineer Kramer.  The streets on the list require the most to rehab.  There are not enough dollars to be able to equitably distribute towards rehabilitation for a supplement.  The funds can stay in capital and be a base to start next year.  He said we don’t have a lot of cosmetic ones to add.  Probably the least disruptive thing to do would be to extend the curb and gutter contract on a unit basis.  Kehrs Mill can’t get resurfaced or any other treatment until the entire curb and gutter has been brought up to city standard.  He said on the present schedule, it will take 3, 4, or maybe 5 years to get this done.  He recommended on the supplement that footage is added to bringing curb and gutter replacement along Kehrs Mill from the asphalt contract that is recommended for approval. 

Alderman Buermann said that the PCI indexes are extremely high, except for one.  City Administrator Kuntz said the answer is more funds and more revenue to create those funds.  Alderman Suozzi asked about the PCI rating for Kehrs Mill.  Alderman Fleming said that Kehrs Mill from Seven Trails to Steamboat is 63; Kehrs Mill from Steamboat to East Skyline is 47; Kehrs Mill from East Skyline to Clayton Road is 48; Kehrs Mill from Clayton Road to the northern city limit is 89. 

Alderman Fleming said that a decision need to be made regarding the $200,000 and if a portion of this is going to be applied to streets.  Alderman Robinson said that the financial advisors said that the financial health of the city should be enhanced.  Their suggestions were to enact a property tax and to increase the reserves. He said that no one of the Board will approve of a property tax increase without voter approval; the Board has not supported a utility tax increase.  He said it’s more important to increase the financial health if the city.  Less than $50,000 per ward for streets is not going to make a significant difference. 

City Administrator Kuntz said the asphalt bids came in lower.  He recommended a portion of the $43,000 to extend the unit bid to do more on curb cuts.  He asked that the Board give a scenario of street repairs for $150,000 or $200,000 and he will tackle the question.  He suggested $20,000 or $30,000 to keep the unit price going and does not require preparation or materials.  If it repairs 150 feet, then we are 150 feet further along.  He said the $200,000 was the real estate transfer of funds that was decided not to be applied at this time for that specific purpose. 

Alderman Pogue said that the $200,000 could be used as a base for next year.  This will give the Public Works Department the opportunity to prepare the streets that are more crucial rather than those that are not so critical. 

Alderman Fleming said he does not know why everyone suddenly got concerned about the reserves.  He said the policy was that the reserve rate was lowered from 15% to 10%.  He said that the A.G. Edwards presentation unnecessarily frightened everyone.  He said that right now Board policy does not dictate that the reserves be increased.  City Administrator Kuntz said that at the end of the year the unspent capital funds will stay in capital as a carried forward number.  Not as much will have to be put into capital next year.  Street improvements consistently occupy a lot of discussion.  We do not have sufficient revenues to satisfy the concerns about streets.  He said there may never be enough; it may be ongoing forever. 

A motion was made by Alderman Fleming and seconded by Alderman Suozzi that of the $200,000 not to be used for property acquisition, $100,000 be put toward street improvements and $100,000 be put toward the reserve balance. 

Alderman Suozzi asked if the $100,000 can be held over as a base to start with next year.  She asked Alderman Fleming if he will accept this as an amendment to his motion.

Alderman Fleming said that micro-surfacing is relatively inexpensive, and temporarily holds the streets together better until more permanent repairs can be made.  He said the micro-surfacing is not wasteful, but is a stop gap measure.  Alderman Fleming said he will accept the amendment.

Mayor Young said that this is making a motion and amending it to commit the next Board to having to put extra money into next year’s budget.  Alderman Pogue said that this is not extra money, it is money from this budget to be spent next year instead of this year.

A voice vote was taken with 6 Aye votes and Alderman Fleming voting Nay.  The motion passed by a vote of 6-1.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to take the $46,000, less the $5,600, which will be $41,000 and apply to the curb and gutter project on Kehrs Mill Road due to the bids coming in lower than anticipated for the asphalt.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Closed Session – Real Estate:  City Administrator Kuntz said a closed session will not be necessary if the Board is in agreement with the simple expenditure which could be handled administratively. 

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to do the field survey as staff has recommended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CGI Contract:  City Administrator Kuntz asked that this be held over until the April 10 Board meeting. 

Alderman Buermann said that there appears to be more than one complaint against the company. 

Signs:  Alderman Gatton said that some businesses have asked for more flexibility for temporary signs and signs for special events.  He said this could benefit the businesses.  City Administrator Kuntz said he will get information from Code Enforcement.  This can be discussed at the next Board meeting.

Tee Times:  Alderman Robinson said he would like to postpone this discussion until a later date.

Policies and Ordinances:  Alderman Fleming said that frequently, Board discussions refer to various policies and ordinances.  The ordinances and policies are never in the Board room.  He said this could be done either by wireless technology or with the book being available.  He requested that staff make this available at Board meetings. 

Alderman Gatton asked that an electronic copy of the ordinances be provided.  Alderman Buermann said that all of the ordinances will be to large for some computers.  Alderman Fleming said that it’s difficult to take action on an issue when the information is not in front of each alderman.  Alderman Gatton said the ordinances don’t have to be on line.  It could be on cd. 

Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Gatton to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:44 p.m.

Walter S. Young, Mayor

ATTEST: 

Robert A. Kuntz, City Administrator

MC