Board of Aldermen Meeting

Meeting Agenda

Meeting Agenda

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
February 9, 2009

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

             PRESENT                                                                 ABSENT
MAYOR WALT YOUNG 
ALDERMAN TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN KEN BUERMANN 
ALDERMAN JANE SUOZZI 
ALDERMAN JAMES ROBINSON 
ALDERMAN FRANK FLEMING 
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 January 26 Board of Aldermen meeting and closed 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.

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS

J. C. Hagan, 209 Cool Meadows:  Mr. Hagan spoke in support of the Resolution to promote the Clean Air Ordinance.  He said that Ballwin’s support of the smoking ban is important to the passage of no smoking throughout St. Louis County and the State of Missouri.  He said that 26 other states have banned smoking, including Illinois, Colorado, California, and New York.  He said the country of France has also banned smoking.  Studies from states that have the smoking ban in public places shows that there is a definite improvement in everyone’s health, especially people who are non-smokers.  He said that non-smokers also have rights that have been violated before the smoking ban was enacted.  He asked that the Board of Aldermen go forward and take pride in being a leader on this issue and support the other cities in the area to support the smoking ban and push for this legislation in St. Louis County and the State of Missouri.  He said that many people go to Ballwin restaurants because smoking is not allowed.  He said that business at the French Quarter has increased 60%. 

PUBLIC HEARINGS
None.

NEW BUSINESS
LEGISLATION

A RESOLUTION TO PROMOTE A SMOKE-FREE PUBLIC ENVIRONMENT.

A motion was made by Alderman Terbrock and seconded by Alderman Lembke to approve the Resolution. 

Alderman Suozzi read the Resolution in its entirety as follows. 
WHEREAS, the City of Ballwin adopted comprehensive municipal standards to regulate public smoking by Ordinance # 05-01, effective January 2, 2006; and
WHEREAS, it was then and is now our intent and hope that these standards be applied on a regional, if not state-wide basis; and
WHEREAS, several communities (and states) across the country have adopted similar legislation; and
WHEREAS, serious interest has recently been publicly expressed by the Mayors of Creve Coeur, University City, Olivette, Overland, and Clayton; and
WHEREAS, Ballwin is desirous to lend its support to this regional initiative.
Now, therefore, be it resolved by the Board of Aldermen that we hereby formally endorse this initiative to promote a smoke-free public environment.

Alderman Buermann asked for a united Board in support of this Resolution.
A roll call vote was taken with the following result:  Ayes:  Suozzi, Lembke, Terbrock, Robinson, Pogue, Fleming, Boerner, Buermann.  Nay:  None.  The Resolution passed with a unanimous affirmative vote.

BILL # 3562 - AN ORDINANCE AMENDING SECTION 15-480 (SCHEDULE E) OF ARTICLE XII OF CHAPTER 15 OF THE ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO A STOP SIGN AT ASILOMAR AND CLETA AND BRIGHTFIELD DRIVES.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a first reading of Bill No. 3562.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3562 was read the first time.

A motion was made by Alderman Pogue and seconded by Alderman Lembke for a second reading of Bill No. 3562.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3562 was read the second time.

A roll call was taken for passage and approval of Bill No. 3562 with the following results: 
Ayes – Fleming, Boerner, Suozzi, Robinson, Terbrock, Buermann, Pogue, Lembke.    Nays – None.  Bill No. 3562 was approved and became Ordinance No. 09-05.

CONSENT ITEMS:  (Budgeted items which are low bid and do not exceed expenditure estimates and/or items which have been previously approved in concept.)

City Administrator Kuntz said that city money is not being spent on projects that are non-essential.  The golf course bridges project is 100% funded by a 1/10 cent sales tax that was approved years ago by the voters of St. Louis and St. Charles Counties.  He said Ballwin applied for these grants on a competitive basis.  Funds are not being diverted for other purposes.

A. Street Sweeping (Quarterly)
B. Golf Course Bridges (Custom Manufacturing, $127,060 reimbursable under grant)
C. Pickup Truck (error correction/award to West Brothers Dodge, low bid of $19,201)

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

Planning & Zoning Commission Appointment:  Mayor Young asked Alderman Suozzi to report on the appointment recommendation.  Alderman Suozzi said that this is regarding the vacant seat of Anna Hunter.  Due to employment that Ms. Hunter accepted, she felt it was a conflict of interest to continue serving on the Commission. 

Alderman Suozzi said that John Schwent is qualified to fill the vacancy.  Biographical information and qualifications were previously provided to the Board by Mr. Schwent. 

Alderman Fleming asked if there is any conflict of interest in the employment or background of Mr. Schwent.  Alderman Suozzi and Mayor Young agreed that they do not anticipate any conflict of interest. 

Mayor Young recommended the acceptance of John Schwent to the Planning & Zoning Commission, replacing Anna Hunter, for the remainder of her term, expiring May 13, 2009.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann to accept the recommendation of John Schwent to the Planning & Zoning Commission, for the term expiring May 13, 2009.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ADMINISTRATOR’S REPORT

TIF District:  City Administrator Kuntz suggested that the financial advisor from Stifel Nicolaus provide the Board with an overview of the TIF District performance at the next Board meeting.  The Board agreed. 

Electrical Inspections:  City Administrator Kuntz said that this decision can be postponed until the next Board is in position.  Mayor Young said that the new Board should look at all aspects of Ballwin inspectors doing the electrical inspections.  He said that making this decision at this time may put the new Board in a situation that may be difficult to overturn.  The new Board should act on this in May. 

City Administrator Kuntz said that at this time, there is a qualified, certified electrician on staff that can perform electrical inspections.  The proposal involves no additional investment of personnel or training.  It is a revenue enhancement, as well as a convenient service. 

Alderman Pogue said that staff is ready to provide this service.  This is an opportunity for Ballwin to gain additional revenue.  Alderman Terbrock said that this service can and should be provided as soon as possible. 

Alderman Boerner said that the volume of inspections has decreased, and electrical inspections will help fill the revenue loss. 

Alderman Lembke said that Ballwin inspectors providing the electrical inspections will make doing business easier for the homeowners, contractors, new homes, and businesses.  This is a valuable step in the right direction.  He said that our inspectors must wait for the St. Louis County electrical inspections. 

Alderman Pogue said that the St. Louis County guidelines should be used in the electrical inspections.  Assistant City Administrator Aiken said that the same code will have to be adopted. 

A motion was made by Alderman Terbrock and seconded by Alderman Lembke to prepare legislation to take the necessary steps to provide code-guided electrical inspections by the City of Ballwin.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Crosswalk Warning System:  City Administrator Kuntz said that the low bidder was Spot Devices.  He said that if two school locations are included, it will be necessary to apply some of the contingency fund.  It will give a data base to determine the effectiveness of the technique.  He said the contingency is for purposes like this. 

Alderman Pogue said that there will be 4 L.E.D. enhanced signs at each location.  He said there is the option of having one light on each side, which will bring down the cost approximately $4,000.  He said that this would eliminate using contingency money. 

Alderman Suozzi said that she is in favor of using this system at both Selvidge and Holy Infant. 

Alderman Terbrock asked the reason for 4 signs instead of 2.  City Engineer Kramer said that this is the recommended standard.  Currently there are 4 signs at each crosswalk.  These would be replaced with the L.E.D. signs.  The L.E.D. can be seen before the driver arrives at the crosswalk thus providing advance warning.  Mr. Kramer said that if this is going to be used as a test, and if we do less than what the manufacturer recommends, and it fails, how will we know for sure why it failed. 

City Administrator Kuntz said that $19,700 was budgeted.  This will be approximately $6,000 higher.  Alderman Buermann said that the advance warning should be used to educate the citizens.  He believes that this is money well invested.

A motion was made by Alderman Buermann and seconded by Alderman Lembke to install the L.E.D. crosswalk advance warning system at two locations.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS

Bid Preference:  Alderman Suozzi said requested a Finance & Administration Committee meeting at 6:30 p.m., prior to the Board meeting on February 23, to discuss reinstituting the local bid preference.  The committee members are Chairman Suozzi, Aldermen Terbrock, Robinson, and Boerner.  The committee members agreed.

Federal Economic Stimulus:  City Administrator Kuntz said that Friday, February 13, is the deadline for local applications for the Federal Economic Stimulus Act, regarding infrastructure.  He said that Ballwin has only one project that meets eligibility.  He said the Ballwin application is a long-standing need that has been identified by this Board and subject to local funding over the past three years.  He said this is the resurfacing and partial reconstruction of Kehrs Mill Road, which transverses three wards. 

Alderman Buermann said that the culvert on Holloway Road should be considered.  He said that Ballwin did not receive funding for this.  City Administrator Kuntz said that city-wide slab replacement, Reinke Road, and several other options were considered.  Only the Kehrs Mill Road project the guidelines.  It has to be an arterial roadway, with a construction commencement timeframe within 60 days.  City Engineer Kramer said that construction must be ready by June, 2010. 

Adjourn
A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn.  The motion passed unanimously and the meeting was adjourned at 7:40 p.m.

WALTER S. YOUNG, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR
MC