Aldermen Work Session and Aldermen Meeting

Meeting Agenda

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
May 8, 2006

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

             PRESENT                                                                ABSENT
MAYOR WALT YOUNG                                 ALDERMAN JIMMY TERBROCK - ILL
ALDERMAN TIM POGUE 
ALDERMAN KEN BUERMANN 
ALDERMAN JANE SUOZZI 
ALDERMAN JAMES ROBINSON 
ALDERMAN FRANK FLEMING 
ALDERMAN RAY LEMBKE 
ALDERMAN RAY KERLAGON 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY LIONEL LUCCHESI 

The Pledge of Allegiance was given.

The Minutes of the April 24, 2006 Work Session 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.

The Minutes of the April 24, 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.

OLD BUSINESS

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.

City Administrator Kuntz said that a presentation was made at the Comprehensive Planning Commission meeting by an expert consultant in retail sales with national experience.  The consultant suggested that the Board may want to rethink the entire economic development strategy.  City Administrator Kuntz suggested waiting for the report from the consultant to determine if this is consistent with the strategies that have been discussed or if we need to go in a different direction.

A motion was made by Alderman Buermann and seconded by Alderman Pogue to table Bill # 3414 until the Comprehensive Plan is completed.  A voice vote was taken with 6 Ayes and Alderman Lembke voting Nay.  The motion passed.

CITIZEN COMMENTS

North Pointe Memberships:  Matt Pirrello, 1045 Lemar Drive, Mayor of the City of Ellisville:  Mayor Pirrello said that several months ago, the Ellisville community and neighboring cities learned of the plight of Blue Bird pool.  Recognizing its potential impact, the City of Ballwin staff put their best foot forward and approached their colleagues within the City of Ellisville.  They proposed an opportunity whereby the residents of Ellisville can retain access to an aquatic amenity while channeling additional revenues to a neighboring city.  He encouraged the Board to evaluate the issue based on its own merit.  Many officials in both cities have changed over the years.  The past should not impede future progress.  He said the City of Ellisville endeavors to foster growth in its own community as well as a positive relationship with the neighbors.  He asked the Board to consider the proposal and the positive benefits.  He hopes that this will renew a cooperative spirit between Ellisville and Ballwin. 

The Board agreed to move this item from the City Administrator’s Report for discussion at this time. 

Alderman Lembke said that the North Pointe facility was designed to accommodate a community of 50,000 + families.  At this time we are at approximately 32,000 families.  He said that a concern is that the facility will be over crowded this year.  We do not want to turn away residents.  The proposal will not put a burden on the facility or staff.  Some of the Ellisville residents who use our facility this year may decide that they want to become non-resident members next year.  That’s a positive gain in the future.  He said he does not see the down side of this issue.

Alderman Kerlagon said that granting this proposal is being a good neighbor.  He said he has heard in some long range planning meetings about city growth from annexation.  What better way to find out if the facility can handle this by letting our neighbor use it. 

Alderman Suozzi asked if the proposal is for one or two seasons.  Mayor Pirrello said that it is for sure that this season, the pool will not be open.  It is a goal to have some sort of a pool season in 2007. 

Alderman Suozzi asked how much lead time did we have before construction began on the North Pointe.  Director of Parks & Recreation Bruer said that construction was about 9 months, planning was 6 months, and there was 3 – 6 months for bidding. 

Alderman Suozzi asked if Chesterfield has come to a conclusion.  Mayor Pirrello said that Chesterfield has implemented Ballwin’s model and agreed to accept Ellisville residents at its facility.

Alderman Robinson expressed concern about the pool being filled and having to turn people away.  He asked why should the Ellisville residents be allowed to use the pool for a cheaper rate than other non-residents?  City Administrator Kuntz said that the financial formula is that the City of Ellisville is offering to allow 100 families that had memberships in their facility last year to use the Chesterfield or Ballwin facilities at the resident rate.  Ellisville will subsidize half of the difference between the resident rate and non-resident rate.  They have a unique situation and have asked for assistance.  This is a one-year obligation for both sides.  Alderman Lembke said that if there were an additional 100 families that want to join North Pointe, there’s nothing stopping them from doing so.  We have an open membership policy.  If there are other people in Ellisville or anywhere else that want to join as non-resident members, they are welcome to come.  He said we are not even close to putting a dent in our capacity.

Alderman Pogue said that the area served by the pool includes Ballwin residents and surrounding areas is close to 50,000.  North Pointe has 309 parking spaces.  He said that many times he has driven by the pool and the parking is full.  He does not want to push out a Ballwin resident who has a pass because they can’t find a parking space.  He said he would like to help Ellisville, however, he was elected to represent the citizens of Ballwin and feels that he should take care of the Ballwin citizens first. 

Ellisville Mayor Pirrello said that the requested passes would be split between Ballwin and Chesterfield.  He can’t imagine that the requests will be even close to the cap.  Alderman Suozzi said that since Ballwin is closer to Ellisville than Chesterfield, she believes that more of the Ellisville residents would come to Ballwin. 

Alderman Buermann asked if a cap of 75 passes instead of 150 would be acceptable.  Mayor Pirrello said they will be happy with 150, however, they will graciously accept anything less.  If 75 is the limit, he said they will happily take that.  He said that 100 is a workable number and if that is possible, they will appreciate that as well.  Alderman Suozzi said she will be in favor of a compromise number. 

Alderman Lembke asked the current capacity at the pool and what number it can accommodate on a daily basis.  Director of Parks and Recreation Bruer said the capacity is 1,400 swimmers at a time.  We are averaging 1,000 - 1,200.  Alderman Lembke said that we are 15% - 20% shy of the top end number.  Ms. Bruer said that we have never had to turn people away and have never exceeded the 1,400. 

Alderman Robinson said that this issue is not about capacity.  It’s about letting one group of citizens in for less than another.  How do we justify that? 

Alderman Fleming said that he is willing to agree with this proposal with a cap of 100.  Since Chesterfield will be absorbing some of the passes, it doesn’t seem that it will have a big impact on the Ballwin pool.  Since Ellisville is reaching out for a spirit of cooperation, there are other things we would like to cooperate on in the future like annexation issues etc.  

A motion was made by Alderman Fleming and seconded by Alderman Kerlagon to approve the proposal with a cap of 100. 

Alderman Robinson asked what is Ellisville willing to commit to in the future as a neighbor?  Mayor Pirrello said he does not know how to answer that question.  Alderman Robinson said that in the past cooperation has failed.  Mayor Pirrello said that he will concede that there have been failures in the past.  He said that dwelling on past failures will not allow moving forward in the future.  He said he is a new mayor, with a bright new look at things.  He believes in being a good ambassador for the City.  Much like this Board is deliberating on this issue, the Ellisville Board would have the same style of deliberation and take into consideration any plight that Ballwin may incur.  He said they would take that into special consideration because of being a neighboring boundary. 

Mayor Young said that he plans on discussing with Mayor Pirrello the possibility of connecting a trail from Buckhurst Drive to Blue Bird Park instead of the path that the residents use to walk to Blue Bird Park.  He said that Mayor Pirrello is open to possibly cooperating next year on the fireworks expenses.  It is a desire and goal to help both city councils work together and to see two cities cooperatively move toward the future.  Wildwood has offered to assist Ellisville on issues in order to be good neighbors.  He hopes that Ballwin will move in the same direction to work together. 

An amendment to the motion was made by Alderman Buermann and seconded by Alderman Kerlagon to set the cap at 75 instead of 100.  Alderman Fleming accepted the amendment. 

Alderman Lembke said that if parking is going to be a reason not to approve this request, we need to immediately decide what can be done to make this facility operational to meet its capacity.  He said we are not doing anything that will displace Ballwin residents.  A hand of cooperation needs to be extended to Ellisville.  He said that there have been enough years of ill-will.  He said, as a community, we owe it to the neighbors to extend a hand in a time of need.  If next year Manchester’s pool cracks in the middle and they need help, he would say the same thing about helping that neighbor also. 

Alderman Robinson moved that this issue be held over until Alderman Terbrock is present to vote.  There was no second.  Mayor Young said that since there is a motion with a second, a vote has to be taken at this meeting.  Another Alderman could be absent at the next meeting.

A voice vote was taken on the motion to approve the Ellisville request with a cap of 75.  Ayes:  Buermann, Suozzi, Fleming, Lembke, Kerlagon.  Nays:  Pogue, Robinson.  The motion passed by a vote of 5 – 2.

Fred Thurauf, 206 Carina Ct.:  Mr. Thurauf said that he is not in favor of the larger trash container.  He asked if someone placed items along side the trash container and the container is full, will this be picked up?  Tony Lamantia, Municipal Account Representative said they will pick it up.  If it is a small bag they will pick it up.  Bulky item pickup will still be part of the program on a certain day.  This is included in the contract.  Mr. Thurauf asked what is the difference in cost with the new system and the large containers.  Mr. Lamantia said presently the charge is $14.19, and the new charge will be $18.19.  This price includes the rental of the container.  The senior discount rate will be $16.33 compared to $12.77 presently.  If the container is purchased for $59, the monthly price would be $16.06.  The system is based on automation, therefore, everyone has to have the 90 gallon container for the automation to work.  He said in the areas where the automation cannot be used, a regular truck will be used. 

Mayor Young said that there will be a public hearing on the trash collection proposal. 

Peggy McCain, 550 St. Josephs Drive:  Mrs. McCain asked that the Board consider drafting legislation regarding Eminent Domain that will protect residents from big businesses from taking property.  She asked for modification to the Smoking Ban.  It is ethical to give the business owners their businesses back.  It should be their choice how they run their business.  She said it was wrong for this Board to take away their business.  It has affected them financially and this is their livelihood.  She asked that the Ballwin residents be informed how the city is doing financially.  The Minutes show that there are different alderman that talk about how bad the city is doing financially.  When the topic comes up, discussions are postponed because of elections and it would hurt that incumbent.  She said the election is over and something needs to be done.  She also suggested that the Board enact legislation that would prohibit the use of eminent domain for private development.

Joan Reed, 681 Twigwood:  Ms. Reed said that it will be difficult to store the large trash container in her one-car garage along with the recycle bins.  She said the people on her street that have more trash and don’t use the recycle bins.  She said she has no reason to have a 65 or a 90 gallon container when she doesn’t fill a 20 or 25 gallon container.  She is also concerned about the containers holding up to the rough handling by the trash collectors.  She asked about the placement of the container at the curb. 

Alderman Lembke explained that the container will be placed next to the curb, not in the street.  The truck has an arm that picks up the can to empty into the truck.  He said that if you purchase the 90-gallon container for $59, there will be $1.40 per month taken off the trash bill.  Another option is to not purchase the container for $59 and pay an additional charge of $1.40 per month.  When the $1.40 per month totals $59, they stop charging the $1.40 per month and the container is yours.  If the container is rented, when it is damaged, Allied Waste will replace it. 

Alderman Lembke said he will be glad to bring a 90-gallon container to Ms. Reed’s house on a trial basis. 

PUBLIC HEARINGS
None.

NEW BUSINESS

Assistant City Administrator Aiken said that since adoption of the 2006 version of the building codes is on the agenda, he would like to introduce the Building Inspection Department.  It’s important to have the current codes adopted.  Every five years, the Insurance Service Organization does an analysis of every municipality to review its rating.  A better score theoretically means better insurance rates for housing. 

Mr. Aiken introduced each member of the department and briefly discussed their function and seniority. 

Code Enforcement Supervisor Jerry Klein said that in 2005, the department issued 1,709 permits for all types of construction.  With each permit, one of several inspections were made to check for code compliance during the course of the construction.  In 2005, 3,218 construction related inspections of various types were made such as footings, foundations, framings, final building inspections, ground rough, stack rough, final plumbing inspections, etc.  There has been a dramatic increase in retaining wall permits.  In addition to new construction inspections, they also inspect existing homes, apartments, and condos whenever there is a change of occupancy.  In 2005, there were 1,510 housing inspections.  Re-inspections were required in almost all cases.  There were 33 commercial inspections in 2005.  There were 350 violations of the nuisance and zoning code requirements in.  There were 118 repairs of sewer laterals.  The inspectors must describe how to correct the code violations and explain why it is important that these corrections be made. 

Alderman Lembke said that when people move into Ballwin, they have a sense that they are moving into a house, apartment, or condo that is safe and up to code.  This work is very important to the residents.  He said that the members of this department do a good job.

LEGISLATION

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

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3415.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3415 was read for the first time.

City Attorney Lucchesi said that the purpose of this bill is to make the tax in Ballwin revenue neutral over what it has been in the past.  It is set by state statute.  This tax rate must be turned into the State by May 15, therefore, it is imperative that this bill is passed tonight.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a second reading of Bill No. 3415.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3415 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3415 with the following results: 
Ayes – Kerlagon, Suozzi, Pogue, Lembke, Fleming, Buermann, Robinson.   Nays – None.  Whereupon Mayor Young declared Bill No. 3415 approved and it became Ordinance No. 06-26.

BILL # 3416 - AN ORDINANCE ESTABLISHING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY, AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE AND THE DEMOLITION OF SUCH STRUCTURES: KNOWN AS THE RESIDENTIAL CODE.

A motion was made by Alderman Pogue and seconded by Alderman Suozzi for a first reading of Bill No. 3416.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3416 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. 3416.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3416 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3416 with the following results: 
Ayes – Buermann, Fleming, Pogue, Robinson, Lembke, Suozzi, Kerlagon.    Nays – None.  Whereupon Mayor Young declared Bill No. 3416 approved and it became Ordinance No. 06-27.

BILL # 3417 - AN ORDINANCE ESTABLISHING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY, AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE AND THE DEMOLITION OF SUCH STRUCTURES: KNOWN AS THE BUILDING CODE.

A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a first reading of Bill No. 3417.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3417 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. 3417.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3417 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3417 with the following results: 
Ayes – Fleming, Pogue, Lembke, Buermann, Kerlagon, Robinson, Suozzi.    Nays – None.  Whereupon Mayor Young declared Bill No. 3417 approved and it became Ordinance No. 06-28.

BILL # 3418 - AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PLUMBING CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF PLUMBING SYSTEMS IN THE CITY OF BALLWIN; PROVIDING FOR THE ISSUANCE OF PERMITS THEREFORE; REPEALING ORDINANCE NO. 02-17 OF THE CITY OF BALLWIN AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

A motion was made by Alderman Fleming and seconded by Alderman Pogue for a first reading of Bill No. 3418.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3418 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. 3418.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3418 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3418 with the following results: 
Ayes – Robinson, Kerlagon, Lembke, Pogue, Suozzi, Buermann, Fleming.    Nays – None.  Whereupon Mayor Young declared Bill No. 3418 approved and it became Ordinance No. 06-29.

BILL # 3419 - AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL MECHANICAL CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF MECHANICAL SYSTEMS IN THE CITY OF BALLWIN; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE;  REPEALING ORDINANCE NO. 02-18 OF THE CITY OF BALLWIN AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3419.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3419 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. 3419.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3419 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3419 with the following results: 
Ayes – Kerlagon, Robinson, Pogue, Lembke, Fleming, Buermann, Suozzi.    Nays – None.  Whereupon Mayor Young declared Bill No. 3419 approved and it became Ordinance No. 06-30.

BILL # 3420 - AN ORDINANCE ADOPTING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE AND THE DEMOLITION OF SUCH STRUCTURES; KNOWN AS THE FUEL GAS CODE.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3420.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3420 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. 3420.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3420 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3420 with the following results: 
Ayes – Lembke, Pogue, Robinson, Buermann, Fleming, Suozzi, Kerlagon.    Nays – None.  Whereupon Mayor Young declared Bill No. 3420 approved and it became Ordinance No. 06-31.

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. Emergency Generator
     B. Selection Policy – Municipal Judge
     C. Greens Mower

Alderman Pogue asked that Item A, Emergency Generator, be removed for further discussion.

A motion was made by Alderman Buermann and seconded by Alderman Pogue to accept Consent Items B and C.  A voice vote was taken with a unanimous affirmative result and the motion passed.
MAYOR’S REPORT

Committee Assignments:  Mayor Young appointed the following Aldermanic Committees:

Financial & Administration:  Fleming, (Chairman), Pogue, Buermann, Kerlagon.
Mayor Young recommended that in future meetings, this committee discuss the future revenues and present a plan for consideration by the Board.

Public Health & Safety:  Kerlagon (Chairman), Terbrock, Suozzi, Robinson.
Mayor Young said that if there is a need to review legislation or previous discussions, compromise may be necessary for consideration.

Parks & Recreation:  Terbrock (Chairman), Buermann, Robinson, Lembke.
Mayor Young recommended that this committee discuss the pool, parking, and what can be done about the golf course irrigation system.  He said the committee should discuss if the budgeted plans should be used or if there are other alternatives.

Public Works:  Pogue (Chairman), Suozzi, Fleming, Lembke.
Mayor Young said that this committee should discuss other means paying for street repairs and making the repairs, and how can we better serve our community in making road repairs.

Planning & Zoning Aldermanic Representative:  Mayor Young recommended Alderman Kerlagon to this position.  He said that Alderman Terbrock served on this commission during his first year on the Board of Aldermen.  Alderman Terbrock told the Mayor that he learned a lot by serving on the Planning & Zoning Commission during his first year as Alderman.  This responsibility will give Alderman Kerlagon the same opportunity as a new Alderman. 

Alderman Robinson said that this is a lot of responsibility to put on a new alderman.  A motion was made by Alderman Robinson and seconded by Alderman Pogue that Alderman Suozzi be the Aldermanic Representative for the Planning & Zoning Commission. 

Alderman Lembke said that he is concerned that training for the new members of the Planning & Zoning Commission has not been accomplished even though this was discussed over a year ago.  He said that the members of this commission ask questions that are totally inappropriate for what they are discussing.  This could put the Board in a major legal position.  He said the aldermanic representative position should be an alderman that has years of experience.  It is a lot of responsibility for a new alderman to be chairman of a committee, on another committee, and aldermanic representative on the Planning & Zoning Commission. 

Mayor Young said that he does not have any opposition to Alderman Suozzi serving as the aldermanic representative on the Planning & Zoning Commission. 

A voice vote was taken with a unanimous affirmative result and the motion passed for Alderman Suozzi to serve as the aldermanic representative on the Planning & Zoning Commission.

President of the Board of Aldermen:  Mayor Young said that Alderman Buermann has been an outstanding President of the Board of Aldermen.  He said that he was asked by other Aldermen to open the position to others on the Board.  He said that Alderman Suozzi has the second longest tenure on this Board, has been a member of the Comprehensive Plan Committee, and is respected by her constituents as shown by the number of votes she received in the last election.  He asked the Board to consider Alderman Suozzi for the position of President of the Board. 

A motion was made by Alderman Robinson and seconded by Alderman Pogue for Alderman Buermann to continue as President of the Board of Aldermen.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Planning & Zoning Commission Appointments:  Mayor Young said that there are two positions that the terms will expire on May 13.  One is from Ward 1 and the other from Ward 2.  City Administrator Kuntz said that the next P & Z meeting will take place in June, therefore, the appointments or re-appointments should be made in May. 

Board of Adjustment Appointments:  Mayor Young suggested the re-appointment of Patrick Baehler to the Board of Adjustment for a 5-year term which will expire on May 24, 2011.  He said that Mr. Baehler is a good and experienced member of the Board of Adjustment and thinks that he should be re-appointed.

Alderman Robinson said that he agrees that Mr. Baehler has been a good commissioner and there is no reason not to re-appoint him.  He asked what is a good reason not to re-appoint someone.  He said that a year ago, Mayor Young did not re-appoint a commissioner from Ward 3.  He said this commissioner always did a good job, had good attendance, and visited the sites under consideration. 

A motion was made by Alderman Lembke and seconded by Alderman Pogue to re-appoint Patrick Baehler to the Board of Adjustment with the 5-year term expiring on May 24, 2011.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Commission Vacancies:  Alderman Lembke said that there is still a vacant alternate position for the Board of Adjustment.  Mayor Young said that no names have been submitted.  Alderman Lembke submitted for consideration Dave Porta, and will provide the resume.  Alderman Pogue and Alderman Terbrock will also present a name for consideration. 

CITY ADMINISTRATOR’S REPORT

North Pointe Memberships:  This item was discussed and a vote was taken under Citizen’s Comments.

Truck Bed and Plow:  City Administrator Kuntz recommended that this be re-bid to acquire quotes that are within the budget and specifications. 

A motion was made by Alderman Buermann and seconded by Alderman Lembke to reject the truck bed and plow bids and re-bid the project.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Alderman Lembke asked if there has been consideration on how we can re-bid this in the future so that the bids are simplified.  City Administrator Kuntz said that the same vendors don’t offer both components.  City Engineer said the companies that provide the cab and chassis, don’t provide the beds.  Alderman Lembke asked for a list of compatible truck bodies and beds, with price comparisons when combined.  City Administrator Kuntz said that we will try that but this time, we need to back to the market. 

Sales Tax Impact:  City Administrator Kuntz said the Board requested financial impact information in light of the business licenses and sales tax information through the first quarter.  Finance Officer Loehr provided this information, and City Administrator Kuntz said that it is very preliminary to use the data as a mandate for a change.  He suggested that this information be studied and after 6 months, more information can be compared and evaluated. 

Finance Officer Loehr said that this data does not indicate a trend in any direction because a business may not have paid the taxes for 6 months, and then suddenly it makes a payment.  She said that some are paying back taxes from two years ago.  One year the numbers are up and the next year they are down because of this.  Overall, all of the cities are down so far this year, but the restaurant receipts are up. 

Alderman Buermann asked for the balance sheet on a monthly basis.

Mayor Young suggested that the document be placed in one computer file where it can be accessed.  He asked for an updated report at the end of 6 months or in July.

Alderman Robinson asked if there is anyone present from Concerned Citizens For A Better Ballwin.  Mayor Young and Alderman Suozzi said that they have already left.  Alderman Robinson said that this organization is complaining about information not being given to the citizens.  He said that it should be known that the members of the organization left before this discussion of financial matters began, and it is only 8:50 p.m.

Refuse Collection:  City Administrator Kuntz said the option is to change the concept from twice weekly pickup in some cases, to an automated process that would be once per week collection for everyone with heavier emphasis on Single Stream recycling.  Allied Waste demonstrated the automated process prior to this meeting.  He said the contract will expire at the end of this year.  Direction is needed regarding either continuing discussion on a negotiated level with Allied Waste, or to solicit competitive bids.  If a different company is used, there would be an adjustment period. 

Alderman Kerlagon said that some people will be negative because of change to something new.  In the demonstration this evening, those who pushed the container with weights in it said that weight is not an issue.  He said that finding an appropriate place to store the larger container is a problem for some.  If a large price decrease would be given to the residents for using the larger containers with one pick up per week, this may be motivating for the residents.

City Administrator Kuntz said that if the Board is still interested in the negotiated concept, perhaps price data could be provided for an extended contract with the current procedure.  If the bid process is going to be used, preparation should start soon. 

Alderman Buermann said that the citizens will be given once per week pickups instead of twice per week with a $4 increase.  He said that 12,000 homes in Ballwin deserves a better price.  He asked what price could be quoted without Single Stream Recycling.

Alderman Suozzi asked why is Single Stream Recycling an issue.  She said there has been tremendous success with the present recycling program.  There is an issue of where the trash is going.  If Allied Waste is able to recycle and other bidders aren’t, this should weigh into the decision.  She asked if any other companies are providing Single Stream Recycling.  Tony Lamantia said there are other companies that provide this service.  Alderman Suozzi said that Single Stream Recycling should be a requirement of the bid.  Ballwin’s recycling has tripled and this is a good thing.

Alderman Pogue said that some subdivisions require that the containers be kept in the garage.  He said his 8-year old son is able to roll the full container to the curb.  He is concerned about the larger containers. 

Mayor Young said that people are asking why they have to pay for a larger trash can when they already have their own can.  They think it should be given to them.  He said some people don’t use trash cans.  They use trash bags so that they don’t have to look for the can or lid after it has blown down the street.  He said a lot of people support recycling, but they don’t want a 65 gallon container.  He said suggested bidding out the service for two years instead of 5 years. 

Alderman Suozzi said that it is against the ordinance to put trash bags at the curb.  The trash bags are supposed to be in cans with lids.  One of the reasons for this is that animals can get into the bags under this circumstance.  A uniform can is a good thing.

Tony Lamantia, Municipal Account Representative for Allied Waste, said that he is trying to keep the cost down with this proposal.  This is being overlooked.  The automated equipment is expensive, but Allied Waste is willing to make the purchase because it will make the job much easier and less expensive.  He said he would ideally like to see Ballwin use a 65 gallon containers for trash and for recycling.  At this time, most people in Ballwin have twice a week service because the price is so low.  He said the price is low because this contract was bid a long time ago before fuel costs and the price of trucks went up.  Right now, to go out for bid with the option of twice a week pickups, the price would be substantially increased for the second pickup.  He said he can almost guarantee that there are three companies that wouldn’t even bid on it.  The price would be so high that no one would take the twice a week service. 

Alderman Robinson said that even if the price is higher, he prefers twice a week pickup.  Mr. Lamantia said that the cost is going to be very high because the trucks have to drive through the city for second pickups even though people frequently do not use it.  Alderman Robinson asked if twice a week pickup can be kept as an option in this proposal.  Mr. Lamantia said no. 

Alderman Buermann said once a week pickup would reduce the wear and tear on the city streets because the trucks are heavy. 

Alderman Robinson said that the residents in Ward 3 are saying that they want twice a week pick up, and they do not want to pay for the large trash can. 

Mr. Lamantia said that he would like to offer the city an extension of the current contract.  He will bring a contract for discussion that meets the Board’s direction. 

City Administrator Kuntz said that this discussion could be extended to October.  If the Board is wanting to look at an evolution of the current proposal, it can be evaluated and decide at a work session or, if necessary, referred to committee.  The comparison would be what the cost is now, with Single Stream Recycling, and what it would be with a simple extension.  If none are acceptable, then bids could be solicited for comparison. 

Alderman Pogue asked if the bid was requested without specifying automated or non-automated, with a once a week pickup, would it be bid with an automated or non-automated system?  Mr. Lamantia said he would bid with an automated system because once the automated system is in use, within 3-4 month, people would be extremely happy with it.  He said he would not bid the options (twice a week service) because the options cause nothing but trouble.  This is the only option that is off the table for discussion. 

Alderman Suozzi asked if the recycling and yard waste pickups would be on the same day as trash pickup.  Mr. Lamantia said not necessarily.  The recycling and yard waste pickups would stay as they are now.  The only change would be the day of the once per week trash pick up.  He said the State of Missouri requires that three different trucks are used for trash, recycling and yard waste. 

Alderman Lembke said that wear and tear on the streets is an issue.  With once a week trash pickup, there would be three trucks on the streets instead of four.  The wear and tear would be reduced by 25%.  This will also provide a fuel cost savings.  Environmentally, we have a responsibility to try to help save fuel.  There is the noise issue with an extra truck.  There will be some people who resist the change.  He said his own trash is only about 15 gallons, and the rest consists of two full bins for recycling.  He said he would like to see a 90 gallon container for recycling and a 65 gallon container for trash.  He said he has researched the price of the 90 gallon containers.  These containers will cost $59.  This type of good quality container normally sells for $139 - $190.  He said that Allied Waste will be buying the containers in quantity and not making much money off the containers.  He said that $59 is not a bad price to pay for this container.  If someone doesn’t want to purchase the container because they think they may move, they can rent it.

Alderman Lembke said that in order to promote this program to the residents, he needs to know what will happen if we try to stay with the service that we currently have?  How much will this cost?  He asked Mr. Lamantia for a budgetary number that won’t be locked in. 

City Administrator Kuntz asked what would the current service cost on an extension for 2 – 3 years, with the exclusion of the twice a week pick up.  He said that if the contract is renewed with Allied Waste, twice a week pickup will not be part of the program.  Most of the trash companies are doing it this way.  The bid process should start at the beginning of July and the contract awarded in September. 

Alderman Buermann said that he does not like the $4 increase going from twice a week to once a week pickup.  Mr. Lamantia asked if the Board will consider a 3-year extension with a 2-year option.  City Administrator Kuntz said yes.  Mr. Lamantia said that he does not want the cost information that he provides to appear in the newspaper because the competition will know his price and they can easily bid under.  City Attorney Lucchesi said that the contract negotiation can be in closed session, but if an agreement is reached, it must be disclosed. 

City Administrator Kuntz said that Mr. Lamantia can provide a dollar amount for 3-5 years.  What is offered in an extension is not what is binding in an open competitive bid situation.  He said that if the contract can be extended that is cost effective with the future flexibility of easing in with the technology without a lot of residential opposition, this would be beneficial. 

City Attorney Lucchesi said that a contract can be negotiated in closed session.  After that, it must be an open session.  If the contract comes in at such a price that there may be a couple hundred people complaining what a terrible deal this is, that is another issue.  City Administrator Kuntz said that he was not proposing this be a closed session.  This would be on the agenda, with a percentage increase. 

Alderman Robinson said that negotiating a contract extension in closed session is no different than negotiating the purchase of real estate.  Mr. Lamantia does not want the negotiation process to be in public.  Once a contract is agreed upon that the Board will consider for legislation, everything will be made public.  At that time a vote will be taken on the legislation.  If the vote is no, the numbers are out in public and there is no deal.  If the vote is yes, the numbers are out in public and there is a deal. 

Alderman Lembke said that at this meeting a commitment was made to a resident and to the public that there will be open discussions before a decision is made.  He said the residents will want to ask when the open discussions are going to occur?  What’s wrong with the service that we have right now?  They will be told that because of the environment, fuel, and wear and tear on the roads, they will no longer be given the option of twice a week trash pickup.  They will ask, why do they have to use the large container, and they like setting out their trash in bags.  Alderman Lembke said that when the contract is extended with once a week trash pickup and the larger containers, the current program will look very attractive to the residents.  He asked how will their questions be answered and up-to-date information provided to the residents.

Alderman Fleming asked if Allied Waste is no longer able to offer the existing plan with twice a week pickup, or do they choose not to do this any longer.  Mr. Lamantia said that more or less all of the companies are choosing not to offer twice a week trash pickup.  He said that some of the requests for proposal that went out with twice a week pickups came back with no one bidding on them.  Alderman Fleming suggested that the Board should look at the list of alternatives that could be included in a bid, send a letter that we may bid this as Single Stream Recycling, with twice a week service, and once a week service, and ask them to check all of the boxes to which they will respond.  If no one is going to respond, through the process of elimination, we are shortening the list without going through a bid process.  He said we need to find out what they will bid on. 

Mr. Lamantia said he will provide a proposal for the current service with once a week pickup.  He said if he includes twice a week pickup in the proposal, the cost will be very high.  Alderman Fleming said that people will want a proposal that includes twice a week pickup. 

City Attorney Lucchesi said that if letters are sent asking how companies will bid the project, you might as well do the bid process.  He said a decision should be made to either negotiate the contract or do the bid process.  Alderman Lembke said that he wants citizen input. 

Alderman Suozzi said that asking various companies what they are capable of doing will not always be the truth.  She said we have a known quantity with Allied Waste.  There is a certain value in extending the contract because of this.  Sometimes cities change operators and get exactly what they paid for, which was not good service.  She said the resident is perceiving that the Board wants to do this to save city money.  They do not perceive this as saving everybody’s money. 

Mr. Lamantia said that staff should call St. Louis County and find out about landfill space.  It’s not available in St. Louis.  Everybody has a transfer station.  Instead of paying gas just to take the trash from your city to the transfer station, it has to be taken from the transfer station to Illinois.  This is an additional charge.  The State of Missouri will not give any more landfill space. 

City Administrator Kuntz requested a proposal for an extension for consideration.   Alderman Robinson said that it may be determined in hearings that the residents don’t want the kind of contract that is being offered.  Alderman Kerlagon said that he is willing to pay more.  Alderman Lembke said that there is an opportunity to make a change in the program and resident input is important.  He said they will ask how much will be saved.  It will cost more and it will cost a lot more if we don’t make the change. 

Alderman Pogue said that it’s important to keep in mind other services that Allied Waste provides such as their participation in the leaf collection program.  If the trash collection is going to be bid, how will this be put into the specs? 

Alderman Suozzi asked for flexibility for senior citizens. 

Emergency Generators:  City Administrator Kuntz said that the recommendation is to award the contract to Reinhold Electric based on their lowest bid.  He said that no significant issues were found not to award this contract. 

Alderman Pogue said that he was on a project in which Reinhold Electric was removed due to their work performance.  This is a low labor project.  He is concerned with the equipment and their quality of workmanship.  He said he cannot support a contract being awarded to Reinhold Electric. 

A motion was made by Alderman Pogue and seconded by Alderman Robinson to re-bid the project.

Alderman Lembke asked about the brand of generator.  City Engineer Kramer said that RJP Electronics and Reinhold Electric were bidding with a Kohler generator.

Alderman Fleming asked if Reinhold has been used by the City in the past.  City Engineer Kramer said no.  Ballwin’s contract calls for $300 per day liquidated damages and the time of completion is 60 calendar days. 

Alderman Pogue said he has a problem with the spread in price between the first and second bid.  He recommended that this acquisition be re-bid.  Alderman Fleming asked what the cost is to re-bid.  City Engineer Kramer said it will have to be advertised again.  The cost will be $300 - $400 plus staff time.  City Administrator Kuntz said that we have stopped using the “Post” because of the prohibitive cost of classified adds.  The “St. Louis Business Journal” is used because it attracts construction activity.  Alderman Pogue asked if this was published in DODGE.  City Engineer Kramer said he will check.  Alderman Pogue said that DODGE is the number one resource for bidding.  He recommended that any projects similar to this be posted in the DODGE Report. 

Alderman Fleming asked what recourse we have is something doesn’t go correctly.  City Engineer Kramer said that they have to provide a performance and payment bond.  This is State law.  There is a liquidated damage clause that if they don’t get the project done in the contract specified time, they are subject to liquidated damage of $300 per day. 

Alderman Lembke said that a re-bid was done on a project in the past and the price on the re-bid was higher.  Alderman Fleming said that he cannot find a reason to reject the bids. 

A voice vote was taken to reject the bids.  Ayes:  Pogue, Robinson, Buermann.  Nays:  Fleming, Lembke, Kerlagon, Suozzi.  The motion to reject the bids failed by a vote of 3 – 4. 

A motion was made by Alderman Fleming and seconded by Alderman Lembke to accept the lowest bid in the amount of $40,613 by Reinhold Electric.  A voice vote was taken:  Ayes:  Fleming, Lembke, Suozzi, Buermann, Kerlagon.  Nays:  Pogue and Robinson.  The motion passed.

CITY ATTORNEY’S REPORT

None.

ALDERMANIC COMMENTS

Municipal Judge Selection Process:  Alderman Buermann said that application acceptance closes on Friday, May 12.  The preliminary screenings of the resumes will follow.  The policy has been passed.  Human Resource Coordinator Morrison said there are 40 applicants so far.  Alderman Robinson said that this Board has made the commitment to diversity and to be pro active to make sure that minority groups know of this position, there will be an open process of interviews, that they will all be considered, and the position will be filled based on merit, not a secretive process. 

Alderman Buermann asked if the Public Defender position can be appointed from this candidate pool.  Mayor Young said that the Municipal Judge and Public Defender are two separate positions.  People might file for the position of Public Defender but not for the Municipal Judge.  He said this would not be fair. 

Human Resource Coordinator Morrison said that in the interview process, the applicants could be asked what other positions they may be interested in.  This could start the candidate base and the position could still be advertised. 

Mayor Young said that out of this process he hopes that a provisional judge can be determined.  He said there isn’t a problem with interviewing for a municipal judge and provisional judge at the same time. 

Alderman Robinson suggested that in order to interview all of the applicants, the Board could divide into groups of 3 or 4 in different rooms.  On the interview date, the candidates could be directed to the interview rooms.  The top selections could be made from each group.  Alderman Robinson said that he intends to interview all 40 applicants.  Mayor Young said that a first level of qualification needs to be met before they should be eligible for an interview.  He said that at least 30 minutes will be spent on each interview.  Alderman Robinson said that the criticism in the past has been that we failed to interview minorities.  Where do we draw the line?  He said that everyone should have an opportunity to present themselves.  Alderman Lembke asked about the point system that was discussed.  Mayor Young said that part of the Board did not want to give points.  There is not a point structure in the policy. 

Human Resource Coordinator Morrison said that there is no way to tell from the applications about the applicants’ amount of trial experience. 

Alderman Fleming said that it was his understanding that there would be a Board policy that stated minimum qualifications.  If someone doesn’t meet the minimum qualifications in the policy they cannot be interviewed.  Alderman Robinson said that everyone on the list will meet the minimum qualifications.  Alderman Buermann said that a candidate may already have a heavy work load.  Alderman Robinson said that if someone is working for three municipalities, we’re not going to interview that applicant. 

Alderman Buermann said that if all 40 applicants are going to be interviewed, the only way to do this is to split up into groups of 2 to conduct the interviews.  Alderman Robinson said that each applicant would be asked the same questions.  The first round of interviews would be only about 10 minutes.  After the first cut, the rest of the applicants can be interviewed by the entire Board.  There will be set questions and the Board would also be able to ask additional questions. 

Alderman Buermann said that the target that the Board set out in general has been met.  Interview questions can be forwarded to City Administrator Kuntz.

Financial & Administration Committee:  Alderman Fleming said that the Finance & Administration Committee meet at 6:30 on May 22.  He asked the committee members to bring a list of items to possibly discuss in future meetings.  He suggested for discussion the bid process, trash collection, communicating with the residents, financial position, etc. 

Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Fleming to adjourn.  The motion passed unanimously and the meeting was adjourned at 10:20 p.m.

WALTER S. YOUNG, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC