Board of Aldermen Meeting

Meeting Agenda

Meeting Agenda

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
December 8, 2008

The meeting was called to order by Mayor Young at 7:05 p.m.

             PRESENT                                                                   ABSENT
MAYOR WALT YOUNG                                      ALDERMAN FRANK FLEMING - ILL
ALDERMAN TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN KEN BUERMANN 
ALDERMAN JANE SUOZZI 
ALDERMAN JAMES ROBINSON        
ALDERMAN RAY LEMBKE 
ALDERMAN RICHARD BOERNER 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the November 10 Board of Aldermen meeting were submitted for approval.  Alderman Suozzi amended page 7, paragraph 4.  She said she is not opposed to referring individual requests to the Public Health & Safety Committee, but she is not in favor of changing the speed limit for the whole residential community. 
A motion was made by Alderman Buermann and seconded by Alderman Terbrock to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
Allied Waste – Contract Extension:  City Administrator Kuntz gave an overview of the proposed contract.  He suggested a plan whereby leaf collection and yard waste would become optional services by subscription.  The contract would be the basic residential refuse collection contract with once per week curbside pickup with recycling, bulky trash and appliances pickup.  The residents who do not subscribe to yard waste pickup will have a lesser quarterly bill.  Yard waste pickup would be offered as a summer yard waste pickup or a winter yard waste pickup.  The winter pickup would be through the leaf season.  The leaf vacuuming by city crews would be provided to the properties that had subscribed to the winter yard waste pickup.  Leaf vacuuming disposal cost is reflected in the yard waste bill.  He said it is expected that it will cost a subscriber with a 6-week leaf collection, approximately $75 - $80 per year.  He said the cost of the optional service could be renegotiated each year.  He said that approximately $260,000 is the budget amount for leaf collection. 

Alderman Lembke asked how many households do not participate in Allied Waste trash pickup and were denied leaf collection this year.  Tony Lamantia, Allied Waste Municipal Account Representative, said there are about 1,200 homes that do not participate in Allied Waste trash pickup.  This could also include vacant houses.  Alderman Lembke said that if several neighbors split the $75-$80 charge and they combine their leaves at one location, how will this be dealt with?  City Administrator Kuntz said that this is not an issue.  He doesn’t think this will happen on a regular basis, although it will happen. 

City Administrator Kuntz said that most of the surrounding communities do not have leaf collection.  Chesterfield does not offer leaf collection.  The yard waste participation in Chesterfield is 5,000 out of 11,000. 

City Administrator Kuntz said that if some residents subscribe to year round yard waste pickup, and leaf collection, perhaps a discounted overall bill could be used.  This would be a pre-paid service. 

Alderman Terbrock asked if this plan is not approved at this time, will there still be Allied service in January?  Mr. Lamantia said that they will still provide service if a plan is being considered. 

Alderman Lembke said that if yard waste and leaf pickup is removed from the equation, the projected increase from $18.07 should go down.  The 20% above $18.07 was based on the old formula which included yard waste and the containers for the leaf hauling.  City Administrator Kuntz said that this is correct.  Alderman Lembke said that it is to Allied’s advantage in January and February to retain the current contract.  It will be in the Spring that yard waste pickup will be more frequently used. 

Alderman Suozzi asked in addition to a new option plan, is the old way of doing business going to be considered.  City Administrator Kuntz said that this is up to the Board.  The 4% plan is still open for consideration.  He said that if a menu program is accepted, this will be locked into the contract.  This offers the most flexibility in the program.

Alderman Terbrock asked about the automated collection program.  Mr. Lamantia said that this is the goal.  The problem is that the contract would have to be exclusive.  City Attorney Jones said that under State statute, a two-year notice is required.  Alderman Terbrock asked why exclusivity is important.  Mr. Lamantia said that when the automated equipment is purchased, it will be used for everyone in the entire city. 

Alderman Robinson said that under the proposal, residents have the option to subscribe to curbside leaf collection which will be vacuumed by city crews.  If the resident opts into curbside leaf vacuuming, they will pay an extra amount to Allied.  City Administrator Kuntz said yes.  Alderman Robinson said that this makes Ballwin a partner with a private enterprise because our crews are doing the work and Allied Waste is getting paid.  He said this complicates the contract.  He said that the driver of the truck will have to know who to skip and who to pick up. 

City Administrator Kuntz said that leaf collection is a non-essential service.  This is not an issue of public health and safety; it is an issue of convenience that over time has been offered by only a few municipalities.  He said, in today’s economy, it should be an optional service for an additional fee, as is rear-yard collection.  Alderman Robinson said the leaf collection program is good for the whole City of Ballwin.   It keeps leaves out of the storm sewers.  He said that the Board’s discussion should be if the program is needed and is going to continue instead of coming up with a complex pay-for-service formula.  He said that people have the option of leaf removal by private enterprise.  Our crews can be working on other projects instead of vacuuming leaves. 

City Administrator Kuntz said that if the leaf vacuuming program continues, the cost is $260,000 to the City.  Alderman Terbrock said that the Board should consider what is an essential service and what is a luxury. 

Alderman Lembke said that in the past trucks would not be switched back and forth between leaf removal and snow plowing.  The leaf program could be terminated.  He asked if a pre-paid service is initiated, are there enough vehicles to continue the leaf pickup and at the same time keep the streets clear of snow and ice?  City Administrator Kuntz said there will be issues to deal with.

A motion was made by Alderman Buermann and seconded by Alderman Pogue to have Allied Waste present an option for review that incorporates this concept. 

Alderman Lembke said that if the new option plan is not acceptable to the Board, will the Board then decide to either keep or discontinue the program as it now exists.  City Administrator Kuntz said that Mr. Lamantia and Allied Waste is very close to a second plan that is an extension of the current contract which includes and addresses the boxes for the leaf collection disposal as part of the yard waste component of the bill.  He said that on a separate proposal will be once-a-week, bulky, recycling, basic for each year; option yard waste, option leaf disposal.  Alderman Buermann said that this is the intent of his motion.

Alderman Lembke said that if we don’t accept the new option, we will be faced with either spending the $260,000 on the program, or take the $260,000 out of the budget and re-appropriate it for other uses. 

Alderman Robinson said that if the option plan is approved, some people are not going to fully understand the program.  People that will not be receiving the pickup will rake their leaves to the curb.  City Administrator Kuntz said that during the first week, a door hanger could inform them to call Allied Waste to subscribe to the service.  He acknowledged that there will be problems in the beginning. 

A voice vote was taken with a unanimous affirmative result and the motion passed.

PENDING ISSUES
None.

CITIZEN COMMENTS

Stephanie Macaloso, 344 Meadowbrook Country Club Estates:  Mrs. Macaloso spoke in favor of Bill 3557 to eliminate the traffic calming island that is located in front of her driveway.  She said the island makes it very difficult to use her driveway since it is located 8 feet from her driveway.  This is the only traffic calming device in the Villas At Meadowbrook that is across from a driveway. 

City Administrator Kuntz said that the Planning & Zoning Commission has recommended approval.

A motion was made by Alderman Pogue and seconded by Alderman Lembke to vote on Bill 3557 at this time.  A voice vote was taken with an affirmative result and the motion passed.

BILL # 3557 - AN ORDINANCE GRANTING A FINAL DEVELOPMENT PLAN AMENDMENT FOR THE VILLAS AT MEADOWBROOK.

A motion was made by Alderman Pogue and seconded by Alderman Buermann for a first reading of Bill No. 3557.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3557 was read for the first time.

A motion was made by Alderman Lembke and seconded by Alderman Robinson for a second reading of Bill No. 3557.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3557 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3557 with the following results: 
Ayes – Buermann, Pogue, Robinson, Lembke, Suozzi, Boerner.    Nays – Terbrock.  Bill No. 3557 was approved by a vote of 6-1 and became Ordinance No. 08-37.

Lynn Goetz, 504 Kenilworth Ln.:  Mr. Goetz requested that Bill 3555, regarding Theft Detection Devices, be amended to state “in a retail establishment within the City of Ballwin”.  He asked if this is possible.  City Attorney Jones said that if someone is outside on a sidewalk of a store and is pulling his tools together, this should apply as well.  Mr. Goetz said that he does not want an over-zealous police officer to cause a Ballwin resident a problem.  Police Chief Schicker said that there are a number of elements that would have to surround the possession of such tools to warrant enforcement action.  This is not a basic screw driver or pliers. 

Alderman Lembke said that this is a special tool that can be bought on the internet, taken into a store, and used to remove the pricing device inside the store so that the product can be taken outside without getting caught.  He said the merchants have asked that legislation be enacted to protect against this type of theft.  This is not taking away anyone’s rights to carry tools. 

Mr. Goetz asked the Board to give consideration to making sure that the ordinance specifies what tools it is unlawful to possess.  He said the ordinance should say “tools designed and manufactured to remove the security devices.” 

PUBLIC HEARINGS
2009 Capital Budget: 
Mayor Young asked if there are any opponents to the budget who would like to speak.  There were none.
Mayor Young asked if there are any proponents to the budget who would like to speak.  There were none.
The Public Hearing was declared closed. 

NEW BUSINESS
LEGISLATION

BILL # 3552 - AN ORDINANCE APPROVING AND ADOPTING AN OPERATIONS BUDGET OF ANTICIPATED CASH REVENUE AND CASH DISBURSEMENTS FOR THE GENERAL REVENUE FUND OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009, PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3552.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3552 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Robinson for a second reading of Bill No. 3552.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3552 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3552 with the following results: 
Ayes – Pogue, Lembke, Buermann, Terbrock, Robinson, Suozzi, Boerner.    Nays – None.  Bill No. 3552 was approved and became Ordinance No. 08-38.

BILL # 3553 - AN ORDINANCE APPROVING AND ADOPTING A BUDGET OF ANTICIPATED CASH REVENUE AND CASH DISBURSEMENTS FOR THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009, PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Robinson and seconded by Alderman Pogue for a first reading of Bill No. 3553.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3553 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a second reading of Bill No. 3553.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3553 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3553 with the following results: 
Ayes – Robinson, Boerner, Lembke, Pogue, Terbrock, Suozzi, Buermann .    Nays – None.  Bill No. 3553 was approved and became Ordinance No. 08-39.

BILL # 3554 - AN ORDINANCE AMENDING CHAPTER 24, SECTION 24-4 OF THE CODE OF ORDINANCES WITH RESPECT TO DRIVEWAY CONSTRUCTION.

A motion was made by Alderman Pogue and seconded by Alderman Lembke for a first reading of Bill No. 3554.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3554 was read for the first time.

Alderman Pogue asked about reimbursing the homeowner up to a certain amount if an upgraded surface is preferred by the homeowner.  City Attorney Jones said that this could be done.  The City’s responsibility is limited to the standard pour.  He said if a homeowner desires to do something more elaborate, they can do this.  If there was damage and had to be repaved or replaced, the City would only pay for the standard pour.  City Administrator Kuntz said that the City’s responsibility is if there was damage through the negligence of the City.  There is no reimbursement for aprons due to deterioration and age. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke for a second reading of Bill No. 3554.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3554 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3554 with the following results: 
Ayes – Boerner, Robinson, Pogue, Lembke, Terbrock, Buermann, Suozzi.    Nays – None.  Bill No. 3554 was approved and became Ordinance No. 08-40.

BILL # 3555 - AN ORDINANCE ADOPTING NEW SECTION 17-112 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI, RELATING TO POSSESSION OF PROHIBITED THEFT DEVICES.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3555.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3555 was read for the first time.

Alderman Boerner asked about the classification of the offense.  City Attorney Jones said this would be a municipal ordinance infraction.  Under State law, it is neither a misdemeanor or felony.  The penalty would be a fine of up to $1,000 or up to 90 days in jail, which is the limit of the Municipal Court.  City Administrator Kuntz said that this would most likely not be a stand-alone violation; it would most likely be in conjunction with theft. 

A motion was made by Alderman Lembke and seconded by Alderman Pogue for a second reading of Bill No. 3555.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3555 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3555 with the following results: 
Ayes – Lembke, Pogue, Robinson, Buermann, Suozzi, Terbrock, Boerner .    Nays – None.  Bill No. 3555 was approved and became Ordinance No. 08-41.

BILL # 3556 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY WITH THE CITY OF MANCHESTER RELATING TO THE PROVIDING OF POLICE DISPATCHING SERVICES AND TEMPORARY PRISONER HOLDOVER FACILITIES FOR THE CITY OF MANCHESTER.

A motion was made by Alderman Lembke and seconded by Alderman Suozzi for a first reading of Bill No. 3556.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3556 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Lembke for a second reading of Bill No. 3556.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3556 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3556 with the following results: 
Ayes – Terbrock, Pogue, Robinson, Boerner, Suozzi, Lembke, Buermann.    Nays – None.  Bill No. 3556 was approved and became Ordinance No. 08-42.

BILL # 3557 - AN ORDINANCE GRANTING A FINAL DEVELOPMENT PLAN AMENDMENT FOR THE VILLAS AT MEADOWBROOK.

(See Citizen Comments Section above.) 
Ordinance No. 08-37.

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. Utility Tax – Water  (quarterly payment instead of monthly of the gross receipts tax)

Alderman Lembke asked about the billing frequency.  Finance Officer Loehr said that bills are sent out quarterly. 

A motion was made by Alderman Robinson and seconded by Alderman Pogue to accept the Consent Item and to draft legislation.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT

Appointment – Planning & Zoning Commission:  Mayor Young said this appoint will not be made at this time.

Closed Session – Personnel evaluations.  Alderman Pogue said he would also like to discuss real estate in closed session.  Alderman Buermann suggested that the closed session for personnel evaluations be postponed due to the absence of Alderman Fleming.  Alderman Pogue also agreed to postpone his discussion regarding real estate.  The Board agreed and the closed session was cancelled.

CITY ADMINISTRATOR’S REPORT

AmerenUE:  City Administrator Kuntz said that Mr. Schmidt, with AmerenUE, was present and will provide information and answer questions at the January 12 meeting.  Mr. Schmidt agreed.  He said that 3 options have been presented and can be discussed at that time.  Alderman Robinson asked that Ameren’s rules about hanging banners on the poles also be addressed at the January 12 meeting. 

Police Computers:  City Administrator Kuntz said it is recommended to upgrade and not award the contract as originally intended to the low bidder, which was the Panasonic ToughBook.  He said the reason is that the Data911 equipment has fewer maintenance issues and is more economical to repair and more efficient.  He said that considering amount budgeted, the recommendation is that 3 Data911 units be purchased instead of 4 Panasonic units. 
A motion was made by Alderman Pogue and seconded by Alderman Lembke to purchase the units as recommended by Staff.

Alderman Terbrock asked for more information about the recommendation.  Information Systems Manager Paula Reeds said that after considering the performance data and officer convenience in using the equipment, the Data911 is the best choice. 

Alderman Suozzi said that her research revealed that the Data911 computers are substantially more rugged.  This was the recommended purchase for computers for this purpose. 

Alderman Lembke asked if another $6,000 can be provided to purchase 4 units.  City Administrator Kuntz said that a supplement is budgeted in 2009. 

A voice vote was taken with a unanimous affirmative result and the motion passed.

Building Permit & Inspection Scheduling Software:  City Administrator Kuntz said that the recommendation is to purchase the Black Bear Ursa product to upgrade the scheduling and data base software technology to make the process more efficient. 

Alderman Suozzi said that her research indicated that the REJIS product has been in development for a decade and they still don’t have it right. 

A motion was made by Alderman Lembke and seconded by Alderman Terbrock to purchase the Black Bear Ursa software.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS
None.

Closes Session cancelled and will be conducted after the January 12 meeting.

Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Robinson to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:26 p.m.

WALTER S. YOUNG, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC
December 8, 2008