Board of Aldermen Meeting Agendas & Minutes


Every effort is made to ensure that the Agendas and Minutes provided on this and subsequent pages is timely and correct; however, users should keep in mind that this information is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Ballwin should be consulted.

The Board of Aldermen meet on the second and fourth Mondays of each month at 7 p.m. in the Board Room of the Ballwin Government Center, 1 Government Ctr. Schedule and place subject to change. Meetings are open to the public. All citizens are urged to attend.

Board of Aldermen Meeting and Public Works Committee Meeting

Meeting Agenda

City of Ballwin Board of Aldermen Meeting Agenda and Briefs
Agendas and Briefs are available before a meeting takes place.
Minutes of a meeting are reviewed at the following meeting and are available after approval by the Aldermen.

·        The Ballwin Board of Aldermen Public Works Committee will meet at 6:15 p.m. on Monday, June 25, 2007, prior to the Board meeting at the Donald “Red” Loehr Police and Court Center at 300 Park Drive.  No official action will be taken during the Public Works Committee meeting. 
·        Cancelled:  The Board of Aldermen meeting on July 9.
·        Cancelled:  The Board of Aldermen meeting on August 13. 
Meetings are open to the public and the building is handicapped accessible.
Robert Kuntz, City Administrator 
Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation.  If you are a person requiring an accommodation, please call (636) 227-8580 (V) or (636) 527-9200 (TDD) or 1-800-735-2966 (Relay Missouri) no later than 5:00 P.M. on the third business day preceding the hearing.  Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.

Board Briefs 

The Minutes from the June 11 Finance & Administration Committee and Board of Aldermen meetings are submitted for review and approval. 

The outside audit of our finances for the 2006 fiscal period is now complete.  

A brief overview of our proposed spending plan will be presented for public comment and Board approval.  

It is recommended that this contract be awarded to Desco Coating, who submitted the low bid of $9,750.  

It is recommended that this equipment be purchased from World Wide Technology at a cost of $6,983.78 under State bid. 

One of our primary goals for 2007 was to completely redesign our website to bring it into the 21st century. ; To address this priority, formal proposals were solicited.  It is recommended that the low bid of $10,589 from Expressivetek be accepted.

The Sky Bar operator has requested the issuance of liquor license for a full bar and wine tasting for the proposed Sky Bar at the Barn At Lucerne.  Approval, by motion, is recommended. 

Callier’s Deli had a partial license in 2006.  They are now requesting a full license for on-premises consumption, including Sunday sales.  

These renewals are for the fiscal period beginning July 1, 2007.  Approval, by motion, is requested: 

Unless there are immediate plans to place a tax initiative on the November 6 ballot, legislation needs to be adopted to set our municipal tax rate at zero for 2007.  The filing deadline is September 25. 

The plan which we presented to the Boundary Commission includes an unincorporated area along Clarkson Road which affects only 1 residential property.  Authorization to actively pursue this initiative is requested. 

Staff is recommending two changes to the Code of Ordinances.  The first deals with equipment storage and materials in residential yards.  The second deals with signs being placed in public rights-of-way and the procedure for enforcing the sign code.  

It is recommended that this replacement equipment be purchased from Turf Professionals, who submitted the second lowest bid in the amount of $47,689.64 with trade.


This is a condensed summary of the action items which will be considered at tonight’s Board Meeting.  It has been prepared to give you, the audience, a greater understanding of the issues which will be discussed.  If you have comments, questions, or concerns, please call (636) 227-8580.  If you would like to know more about the programs or services which we provide, please dial our 24-Hour Information Line (636) 207-2300, or visit us on the web at


If you wish to address the Board during this meeting, please fill out the “Request To Address the Board of Aldermen” form and place it in the tray on the table in the center of the Board Room before the meeting begins.  You will be called to the podium to address the Board at the appropriate time. 

If the topic for discussion relates to an advertised public hearing, we ask that you hold your comments until after the presentation has been made.  At that time, the Mayor will call upon those who wish to speak in favor of the proposal, followed by those who wish to speak in opposition. 

Thank you for your cooperation.

Meeting Minutes

City of Ballwin
300 Park Drive

Minutes of the June 25, 2007 PUBLIC WORKS COMMITTEE Meeting
The Public Works Committee meeting was called to order at 6:30 p.m. by Chairman Lembke.  Committee members in attendance included Aldermen Buermann, Fleming, and Pogue.  Also in attendance were Mayor Young, Assistant City Administrator Aiken, and City Engineer Kramer. 

Meadowbrook Streets
:  Alderman Fleming explained that Meadowbrook wants to get their streets repaired soon, or be annexed into Chesterfield, but they are willing to consider contributing toward the work. 

An e-mail was received today discussing the 2/3 majority needed from the residents of Meadowbrook to participate in the cost of construction.

Paul Morgan asked about the cost of doing all street work in order to set up a NID. Alderman Fleming explained the history of the work done on Meadowbrook Country Club streets since Ballwin accepted them for public maintenance.  He noted that much has been done and many of the rest of Ballwin’s streets also need repair. 

Boundary Change:  Chairman Lembke said that he does not believe that annexing into Chesterfield can be done.  Mr. Morgan said he believes that it can be done.  He has informally discussed this with Chesterfield but they want Ballwin’s approval before serious discussions can take place. Mayor Young said that 100% consent of property owners is also needed. Chairman Lembke discussed the Boundary Commission process and cycle.  There was some disagreement as to what the Commission rules permit. Chairman Lembke discussed the NID that was done in Westglen Condominiums.  He said he does not understand why Ballwin accepted what appears to be substandard streets when Meadowbrook Country Club was accepted. Mr. Morgan asked if Meadowbrook Country Club did a NID, what dollar amount is needed from the subdivision to get the work done within two years or so.  He said this might not be acceptable but they need to know the cost to determine if it is possible. Alderman Fleming asked what percentage is being done in 2007.  Mr. Morgan said less than 20%. City Engineer Kramer said the total cost for 2007 work is about $53,000.  This includes slab work and preparation by Ballwin crews and the $12,000 contribution.  Chairman Lembke estimated that about $240,000 in 2007 will be needed to complete the rest of the subdivision. Alderman Fleming asked how much staff time will be needed to do the slab work for ½ of what will be left.  City Engineer Kramer estimated 4 weeks for slab work and 3 weeks for the asphalt work.  This would be a virtual complete commitment of a crew for a whole construction season.  He said this short time frame may require Ballwin to hire this work out to expedite the time frame.  Other wards need street repairs as well.  He said that this means that about $250,000 would be needed in two years with city crews doing the preparation work. Alderman Pogue said that any expedited time frame cost should be borne by Meadowbrook Country Club Estates Subdivision.  Alderman Fleming asked if the numbers fall within the realm of possibility for this project.  Chairman Lembke said that a cost estimate should be done to explore this concept. Mr. Morgan said that Meadowbrook Country Club Estates has a high percentage of the low scoring streets. Jim Meng said that they can sell a NID for the street work for Chesterfield annexation but maybe not in Ballwin. Chairman Lembke said that the next step is to develop better numbers of the costs and timing.  These figures should be ready for the July 23 Committee meeting.   Mr. Morgan asked how long will the project take if done by staff vs. being hired out.  He said they can live with $300,000 over two years, but need a firm number and time frame. Chairman Lembke asked if City Engineer Kramer can have the numbers by July 9.  City Engineer Kramer said it might be a tight deadline, but he will try. Chairman Lembke said he does not believe that Ballwin’s streets are any worse than those of any of the surrounding communities.  There is a difference between good looking vs. structural sound streets. Adjourn:  A motion was made by Chairman Lembke and seconded by Alderman Fleming to adjourn.  A voice vote was taken with a unanimous affirmative result and the meeting adjourned at 7:00 p.m. Chairman Ray Lembke Submitted by: Assistant City Administrator Thomas Aiken THA: MC

Minutes of the June 25, 2007 Board of Aldermen Meeting
The meeting was called to order by Mayor Young at 7:05 p.m.
Mayor Walt Young  City Administrator Robert Kuntz
Alderman Tim Pogue
Alderman Jimmy Terbrock  
Alderman Ken Buermann  
Alderman Jane Suozzi  
Alderman James Robinson  
Alderman Frank Fleming  
Alderman Ray Lembke  
Alderman Ray Kerlagon  
Assistant City Administrator Aiken
City Attorney Robert E. Jones.

The Pledge of Allegiance was given. The Minutes of the June 11, 2007 Finance & Administration Committee meeting were submitted for approval.  Alderman Robinson asked if there is a conclusion on the amount of money owed and who owed the money regarding use of the Golf Clubhouse.?  Alderman Fleming said that an invoice was not issued.  The rental fee at that time was $400.  Alderman Robinson amended the Minutes to include this information.  A motion was made by Alderman Pogue and seconded by Alderman Fleming to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed. The Minutes of the June 11, 2007 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed. PRESENTATION 
2006 Audit Review:  Mike Williams, with Hochschild, Bloom & Company, LLP presented a review of the 2006 audit.  He said the unreserved fund balance in the general fund was approximately $5,868,000, which is 45% of the total general fund expenditures.  The city’s total debt decreased by $1,877,000.  Total revenues have decreased from $20,200,000 to $19,500,000.  Total expenses last year were $16,500,000, and in $17,500,000this year.  This is a net change in assets of $1.9 million.  The total general fund assets are $8,260,000.  Sales tax was budgeted at $5.7 million, but came in at $5.3 million.  Total anticipated revenues were $13.6 million, but $14.1 million was received.  The expense budget was $13.7 million.  $13 million was spent.  Sales tax revenue was less than budgeted by approximately $477,000.  Total expense were $2,561,000.  The actual was $1,870,000.  There were no instances of non-compliance.  PENDING ISSUES None. CITIZEN COMMENTS
Tim Purviance, 989 Morena Court, Whispering Oakwood Subdivision:  Mr. Purviance presented the problem of the yard art at 977 Morena Court.  He said that property values are decreasing in the subdivision due to the extreme condition of 977 Morena Court, and house sales in this area have become very difficult.
  Charles Obermeyer, 607 Golfview Drive:  Mr. Obermeyer said the resident at 977 Morena Court has defaced and altered his property by placing debris in the trees, on his home and surrounding grounds causing an eyesore, lowering property values and creating safety hazards.  The property is causing a curious attraction intensifying traffic flow by bringing in non-resident traffic.  The illumination of the property with spotlights is a driving nuisance and hazard and invades neighboring homes inhibiting normal sleep.  He said the resident at 977 Morena Court harasses neighbors and passersby with intimidating violent remarks including cursing and fighting words.  The resident creates a noise nuisance by revving his motor vehicle all hours of the day and night and uses his leaf blower and lawn mower over extended periods to harass and disrupt neighbors attempting to visit in their yards. Mr. Purviance presented a petition from 91% of the residents of the subdivision (221 signatures from 140 homes) requesting that the City of Ballwin 1) eliminate debris out of the trees, 2) eliminate debris on the ground, 3) return home exterior to original structure by eliminating debris attached to the home since April, 2004, 4) reduce the illumination within acceptable light standards for a neighborhood, 5) prevent the loss of property values by enforcing city code violations, 6) establish a definition of allowable art in residential communities, 7) strict enforcement by the Ballwin Police of city codes dealing with public offenses including, peace disturbance, unnecessary loud and offensive noises, disorderly conduct, harassment, and littering and scattering debris.  Marilyn “Sam” Ratica, 1020 Del Ebro Drive and Real Estate Agent:  Ms. Ratica represented herself as a real estate agent and said the average sale price in the area is 97% of the asking price and that 949 Morena sold for much less than the others.  She believes that the 14 closest houses will suffer a similar result.  The St. Louis County Assessor has been lowering values in this part of Mayfair.  She said that Tim Purviance has not been able to sell his property because of the property next door at 977 Morena.  She said her own property has dropped in assessment value by a reduction of $63,300.  She said the extreme condition at 977 Morena Court has affected her property value.  Mr. Purviance said that another resident has had an assessment reduction of $38,000.  He intends to ask for an assessment reduction of at least $50,000.  He said he listed his house for sale at $269,900.  After two months, he dropped the house to $255,000.  He was told that some buyers decided not to even look at the home because of the property next door.  Alderman Robinson said that he is sympathetic regarding this situation, but there is very little the City can do.  He wants to give the community a straight answer and do whatever is possible.  The Prosecutor and City Attorney have been consulted.  This could make the City vulnerable to a lawsuit.  He said that this might be better resolved through a civil suit.  Mr. Purviance said that he does not think this should be a civil issue.  He said the City should be acting on behalf of the residents and should use the power of the law to enforce the codes.  City Attorney Jones said that there are city ordinances that deal with public nuisances and dangers to the public health and safety.  Enforcement is an administrative action that the Code Enforcement Officials can and have taken in the past to some limited extent.  If people are being harassed, or there is peace disturbance where there is a victim or someone has been threatened, they should complain to the Police Department.  A report will be made and the Prosecuting Attorney will address it to determine if this can be brought forward as a complaint in Municipal Court.  He said the City can only prosecute the laws that benefit the people as opposed to issues of property values.  This is a sympathetic issue, but does not necessarily create a cause of action for the City.  The City can and will do whatever is necessary regarding crimes against people and property when they fit within the terms of the City’s ordinances.  He said that some of the points raised in this presentation are worthy of consideration by the Prosecuting Attorney, who will determine if the behavior being complained about is elevated to a level that it can be brought into Municipal Court.  All of the information presented and the petition, as well as the City’s housing code, and the miscellaneous offenses against property need to be read together to determine if this will be a successful effort from a public standpoint as opposed to a private standpoint.  The subdivision does not have covenants, conditions, and restrictions like many subdivisions do, which would be a contract that runs with the land that would permit the homeowners to force this kind of behavior to stop.  That is not an option in this case.  He said a civil case by a neighbor is available in this situation.  City Attorney Jones said that the Board of Aldermen cannot prosecute a crime or an infraction under the City’s ordinances.  The Prosecuting Attorney must do that.  The complaints that have been reported, the appearance of the property, if it fits under the code as something that is subject to prosecution is a matter of interpretation, one that a court would have to decide, and that is subject to differing opinions on what is junk or debris, and what is an expression of freedom under the First Amendment.  Whatever action is pursued should be well thought out and handled in a responsible manner.  The petition presented will be turned over to the Prosecuting Attorney and considered a complaint.  He said the Prosecuting Attorney, in consultation with the Code Enforcement officials, will make a decision if this can be brought into the City’s Municipal Court.  He said the other option is for the Code Enforcement officials to pursue a public nuisance violation which is based completely on injury to the public health and safety, as opposed to one particular piece of property.   City Attorney Jones said that the Prosecuting Attorney will speak with the Police Department, Fire Department, and other emergency response teams to determine the impact on the public as opposed to one or two private citizens.  Karen Bostead, 516 Nottingham Drive:  She said this is a dangerous display in the yard at 977 Morena Court.  She said the hundreds of sculptures are aluminum and can cut.  Children are in danger.  She asked who writes the codes?  There are codes regarding height of grass, yard ornaments, and chipped paint on buildings.  She asked why can’t the City do anything about the situation.   City Attorney Jones said that a housing compliance inspection for an occupancy permit is designed to protect the health and safety of the resident and the public.  Mrs. Bostead asked if she can grow prairie grass in her front yard which grows very tall.  City Attorney Jones said no.  Mr. Purviance asked if there is any connection with St. Louis County for a committee that addresses public nuisances.  City Attorney Jones said no and that Ballwin has its own code enforcement officials.  Mr. Purviance asked if new policy and code could be written because of this discussion.  City Attorney Jones said that an Alderman can propose legislation.  If it has enough support, it can become an ordinance.  Alderman Buermann said that on June 12, he and Mayor Young met with the Prosecuting Attorney and discussed this issue.  Mr. Purviance asked to be kept informed of the action being taken and the results.   Joe Oberkersh, Mayfair Subdivision:  Mr. Oberkersh said he has lived in the Mayfair Subdivision for 45 years and he has never seen anything like this before in his life in the City of Ballwin.  He asked for a show of hands as to how many of the Board have seen the property in question.  All of the Aldermen, Mayor, City Attorney, and City Administrator indicated that they have seen the property.   Charles Obermeyer, 607 Golfview:  Mr. Obermeyer asked that when the owner of 977 Morena Court has used offensive language at people, should the Police be called?  City Attorney Jones said that if a citizen feels threatened or that his/her peace has been disturbed by the actions of someone else, the Police can be called, or come to the Police station to make a report.  If a situation needs to be defused, immediately call the Police.  Mr. Obermeyer said that the Board should look at this problem in a larger picture.  He said hiding behind freedom of expression is not an acceptable reason not to act.  St. Louis County says there is a problem because they are lowering property taxes.  He said the owner of 977 Morena does not drive down the street on his bike without cussing and yelling.   Mike Reed, Senator Loudon’s representative:  Mr. Reed said that in the past, there was a similar situation in Hazelwood.  Senator Loudon proposed a State law that passed that perhaps Ballwin can use to clean up the property.  The City of Hazelwood is currently pursuing action against someone who has 6 or 7 junk cars in the front yard.  Senator Loudon is supportive of the residents and is aware of the situation.  He is willing to do all that he can to work with the residents and Ballwin officials to get the property cleaned up.   Jane Cunningham,1602 Timberlake Manor Parkway, Chesterfield, 63017, State Representative:  Representative Cunningham said that she is aware that Manchester Road is part of the focus and goals of the City.  She proposed Senate Bill 22, a local government bill to address retail sales and flow of traffic along Manchester Road.  The bill passed the House and Senate with a compromise language that has been adopted.  A City of Manchester Alderman testified on behalf of the bill during the presentation.  As of June 24, the bill is on the Governor’s desk for signature.  She said she assumes that the Governor will sign the bill.   Alderman Lembke said that if Representative Cunningham is working on anything that affects Ballwin or the surrounding area, he will be glad to assist. PUBLIC HEARINGS Community Development Block Grant:  Assistant City Administrator Aiken said that annually the City of Ballwin participates in the St. Louis Urban County Community Development Block Grant program.  He explained that this is a method whereby the City, in conjunction with other municipalities in the County and jointly with the County, submit an annual request for Community Development Block Grant funding.  Those funds come back to the City based on a formula that involves population, income, and similar issues.  In January 2008, it is anticipated that Ballwin will receive approximately $40,000.  Assistant City Administrator Aiken asked that everyone in attendance sign the attendance sheet as required by St. Louis County.   Assistant City Administrator Aiken said that there are no neighborhoods in Ballwin that qualify for Community Development Block Grant expenditures.  He said that this is the reason that Ballwin has, for the past several years, put the money into the St. Louis County Home Improvement program.  This a grant and loan program run by St. Louis County, in which the money that the City receives is set aside and available to individual that qualify as low to moderate income to get their houses fixed up and repaired.  If the resident stays in the house for 5 years, the loan is forgiven.  If the house is sold sooner than 5 years, the amount is prorated and will have to be paid back before the house is sold. Mayor Young asked if anyone would like to speak in favor of the Community Block Grant application .  There were none. Mayor Young asked if anyone would like to speak in opposition of the Community Block Grant application.  There were none. Mayor Young declared the Public Hearing closed. A motion was made by Alderman Pogue and seconded by Alderman Lembke to enter the program in association with the St. Louis County program.  A voice vote was taken with a unanimous affirmative result and the motion passed. NEW BUSINESS  LEGISLATION BILL # 3483 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO ROBERT WILHITE, DBA SKY BAR AT THE BARN AT LUCERNE, FOR SALE OF ALCOHOL BY THE DRINK WITH ON-SITE CONSUMPTION AND LIVE ENTERTAINMENT FACILITIES OFFERING PERFORMANCES OR AMUSEMENT. A motion was made by Alderman Robinson and seconded by Alderman Suozzi for a first reading of Bill No. 3483.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3483 was read for the first time. A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3483.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3483 was read for the second time. A roll call was taken for passage and approval of Bill No. 3483 with the following results:  Ayes – Suozzi, Lembke, Fleming, Buermann, Pogue, Kerlagon, Terbrock, Robinson.  Nays – None.  Bill No. 3483 was approved and became Ordinance No. 07-18.

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. Locker Room Flooring
B. Pointe Server
C. Website Hosting

A motion was made by Alderman Buermann and seconded by Alderman Pogue to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.
MAYOR’S REPORT Liquor License for Sky BarA motion was made by Alderman Robinson and seconded by Alderman Terbrock to approve the liquor license request for a full bar and wine tasting for the Sky Bar at the Barn At Lucerne.  A voice vote was taken with a unanimous affirmative result and the motion passed. Liquor License for Callier’s DeliA motion was made by Alderman Buermann and seconded by Alderman Pogue to approve the full liquor license request for on-premises consumption including Sunday sales.  A voice vote was taken with a unanimous affirmative result and the motion passed. Liquor License RenewalsA motion was made by Alderman Pogue and seconded by Alderman Lembke to approve the submitted liquor license renewals.  A voice vote was taken with a unanimous affirmative result and the motion passed. CITY ADMINISTRATOR’S REPORT Tax Rate:  Assistant City Administrator Aiken said that if the Board is not planning on placing a tax initiative on the November ballot, it is time to prepare an ordinance to set the rate at zero for the year ending December 31, 2007.  If nothing is done, the Board would lose the right in the future to raise the tax to the previous rate.  City Attorney Jones said that an ordinance would also have to be passed directing that a matter be placed on the ballot if a rate is to be set that is not historically consistent.  Alderman Suozzi said that she is concerned about preparing legislation and voting on it at this time.  She said this action is premature. A motion was made by Alderman Buermann and seconded by Alderman Pogue to draft legislation, for the next Board meeting, to show that the municipal tax rate will be zero for 2007.  A voice vote was taken with the following result:  Ayes:  Aldermen Buermann, Pogue, Terbrock, Fleming, and Kerlagon.  Nay:  Alderman Suozzi, Robinson, and Lembke.  The motion passed by a vote of 5-3. Annexation:  Assistant City Administrator Aiken said that there is a strip of Clarkson Road between the City of Ballwin and the City of Clarkson Valley and a single residential property that is inside the crook of Williamsburg Green Subdivision.  Staff is asking the Board for authorization to pursue this annexation.  He said if the homeowner and the County and Ballwin are in agreement, it could be done by a simple mutual agreement without having to go to the Boundary Commission.  At this point authorization is being requested to pursue the matter administratively.   Mayor Young said that St. Louis County has said in the past that it would have no problem with transferring jurisdiction in this area to Ballwin.  All that is required is to file the necessary paper work.  He said that St. Louis County thinks this is a good idea.  Assistant City Administrator Aiken said that generally the County prefers to eliminate these kinds of pockets because they are enforcement problems.   Alderman Terbrock said that when this was originally discussed by the Board, he thought this was the course of action that was agreed.  Assistant City Administrator Aiken said that the Board approved the placement of this annexation on the 5-year map plan for submittal to the Boundary Commission, but did not actually authorizing staff to move forward to make it happen.  The road involved in this is Clarkson Road, which is a State highway.  The homeowner will be contacted as part of pursuing this plan. A motion was made by Alderman Buermann and seconded by Alderman Terbrock to authorize staff to proceed with the annexation process of the proposed area.  A voice vote was taken with a unanimous affirmative result and the motion passed. Code Amendments:  Assistant City Administrator Aiken said this is an effort to clean up some enforcement issues with some of the codes.  Alderman Robinson asked if City Attorney Jones could draft language regarding situations where a resident is hanging things from trees and erecting debris on lawns, etc.  This will give staff more power to deal with these situations.  Alderman Pogue suggested that suggestions for proposed legislation be postponed until Aldermanic Comments to keep separate from the changes proposed by staff, and that this discussion be postponed until the July 23 Board of Aldermen meeting for further consideration.  The Board agreed.   Golf Course Mower:  Assistant City Administrator Aiken said it is recommended that the second lowest bidder be selected since this is a superior piece of equipment.  The lowest bid equipment and this one were each tested in actual use.  The second lowest bid equipment from Toro did a better quality job, is easier to maintain, and has historically had superior parts availability.  It is recommended that the purchase of the Toro fairway mower be approved, which also includes a 3-year extended warranty on parts and labor.   A motion was made by Alderman Buermann and seconded by Alderman Lembke accept the bid from Turf Professionals Equipment Company for the Toro mower, which is under the budgeted amount.  A voice vote was taken with a unanimous affirmative result and the motion passed. CITY ATTORNEY’S REPORT Sign Removal:  City Attorney Jones said that on June 11, he was asked to review a complaint by Dale Schmid during the Citizen Comments portion of the meeting.  He said he received written statements from the Chief of Police, Police Officer involved, and two Code Enforcement Officials.  This is a personnel matter, therefore, those statements will not be publicly revealed.  He said his conclusion is that the sign that was removed was in the public right-of-way.  Although the sign was permitted, it was not permitted to be maintained in the right-of-way, therefore, it was properly removed.  If a complaint was made to the Police Department and they took no action and instead said this may be a political matter, that would mean that the Board would have to consider changing the existing ordinance.  If a sign is  maintained in the right-of-way, it is subject to removal.  There was no crime committed.  He said the Police Department acted properly in handling that particular complaint.  City Attorney Jones said that the matter was not going to be handled differently even though it may have involved an official of the city. 
ALDERMANIC COMMENTS Alderman Buermann said that on June 12, he and Mayor Young had a meeting with Prosecuting Attorney Dick Fox regarding repeat offenders and summonses.  He said Mr. Fox would like to review the ordinances to determine if appropriate language is used.  He said the discussion also included tree removal.  Prosecutor Fox will review the ordinances regarding the Morena Court issue.  Prosecutor Fox has agreed to give an annual State of the Court Report in September prior to a Board meeting.  Alderman Buermann said that the Municipal Judge and Prosecuting Attorney can grant continuances.   Resident Identification for Recreation Purposes:  Alderman Robinson said a resident tried to verify Ballwin residency to enter the pool with a utility that had been paid or an MSD bill.  These documents were rejected and the resident was told by an unnamed staff member that if they didn’t like it, they should talk to the Board of Aldermen.  Director of Parks & Recreation Bruer apologized for the employee’s approach in handling this issue.  She said that a utility bill does not show the address after the bill has been paid because that section of the bill is sent in with payment.  The unpaid bill shows the address.  Mayor Young asked if a driver’s license can be used for address verification.  Director of Parks & Recreation Bruer said that a driver’s license can carry a former address long after someone has moved from that address.   Public Works Committee Meeting:  Alderman Lembke said that a Public Works Committee meeting was held at 6:15 p.m. on this date.  The topic of discussion was the proposals and options for upgrading Meadowbrook Subdivision streets.  He said that City Engineer Kramer was asked to try to provide numbers that will utilize city staff only appropriate to the amount that this area would be appropriated over next couple of years and then contracting out the rest.  This will be a 6% per year number.  This discussion would continue on August 13 at 7:00 p.m.  The Meadowbrook representatives asked what can they can do to get additional funds from the City of Ballwin for their streets, pursue a boundary change, and determine what is the cost to repair the streets if they were to take on the street repairs themselves.  The Meadowbrook representatives suggested an amount that will not exceed $300,000 over the next two years and that they could possibly work with this amount without an NID.  The Meadowbrook representatives can review these figures and a recommendation could be made to the Board of Aldermen that same evening.  They want to know what it will cost to bring their street to the condition in which they want it.  If the Meadowbrook residents are willing to move this along, it’s possible that in about 3 years, their streets could be in the upper percentile ranking.  If they are willing to help us help them, their streets will be taken care of and have to spend little money on their streets to keep them maintained.  He said the funds could then be spent in Ward 3 in more significant places.  Alderman Buermann said there was also a difference between the legal opinion on the annexation rules.  Documentation was presented and he asked that this be forwarded to City Administrator Kuntz.   Government Center Ramp Repair/Design:  Alderman Fleming said that the Government Center ramp preliminary design is complete.  The architect reviewed the plan with the original study committee consisting of Aldermen Terbrock, Fleming and Kerlagon.  Verification of cost estimates is currently underway.  A copy of plans and rendering are available in City Administrator Kuntz’s office.  The initial estimate by the architect is that it would be under the budgeted amount.   Ballwin Days:  Alderman Terbrock complimented the committee and staff for another successful Ballwin Days Festival. 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 9:03 p.m. Walter S. Young, Mayor ATTEST: Robert A. Kuntz, City Administrator MC