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

Meeting Agenda

Meeting Agenda


Meeting Minutes


January 26, 2009

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

             PRESENT                                                             ABSENT
ALDERMAN TIM POGUE                                                 ALDERMAN RAY LEMBKE (OUT OF TOWN – BUSINESS)

The Pledge of Allegiance was given.


The Minutes of the January 12, 2009 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Pogue to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.


Street Assessment:  Director of Public Works, Gary Kramer, explained that previously the street rating system was based on a 1 – 100 designation for the micropaver method.  Mr. Pat Palmer, with Missouri Petroleum Company, uses a method that St. Louis County Highway Department uses, known as PASER.  The ratings are from 1 – 10. 

Mr. Pat Palmer said that the PASER system (Pavement Surface Evaluation Rating) was developed by the University of Wisconsin about 30 years ago.  The rating of 1 – 10 stipulates 10 as a new street, and 1 is a street that needs total reconstruction. 

Mr. Palmer said that the PASER average rating of the Ballwin streets is 6.24.  He said that most cities would be very happy with this rating.  Ballwin has over 200 asphalt streets that are in very good condition.  He said that a 6 rating is fair condition, 8 is good condition, and 10 is excellent condition.  When the rating is a 4 or lower, that’s when legitimate complaints are usually made.  The 5 rating indicates that maintenance should be limited to pothole patching, and Ballwin should wait until the street gets worse and then do reconstruction. 

Mr. Palmer recommended that concrete streets, where an asphalt overlay has been placed in the gutter, should be crack sealed to prevent water from running into the sub-grade which will cause cracking along the edge line. 

Alderman Robinson asked in what area are the Ballwin streets most deficient.  Mr. Palmer said that crack filling is most deficient and is an important issue.  The best time to do this is in the Fall.  The lifespan of the crack sealant is 7 years. 

Alderman Fleming asked if the streets that have ratings of 8, 9, and 10 should be ignored and money spent on the ratings of 7 and below.  Mr. Palmer recommended focusing on the 6 and 7 street ratings.  The streets with the 8 to 10 ratings should be crack sealed as soon as possible.  The best method is to pave one year, and the next year crack seal the seam along the curb. 

Alderman Fleming asked about salt and chemical treatment in the winter.  Mr. Palmer said that a calibrated application should be made.  Alderman Terbrock asked if salt affects the material.  Mr. Palmer said that if there is a dry joint, it will bond very well and this will not be an issue.  Alderman Terbrock asked about the manpower to do crack sealing every year.  City Engineer Kramer said that it will take longer than 2 or 3 months to do 1/7 of the streets because there is only one crew and limited equipment. 

City Administrator Kuntz said that this could be a contractual service.  The money from a pay-as-you-go leaf program could be used to pay for this  service. 

Alderman Terbrock asked by what percent would the crack sealing program add to the life of the streets.  Mr. Palmer said conservatively 20% for both concrete and asphalt streets.

Alderman Suozzi asked if this should be done by contractors.  Mr. Palmer said that there are many well-qualified contractors.  The St. Louis County website shows the specifications.  Mr. Palmer said that late Fall is the best time to do crack sealing when the pavement is cooler and cracks have opened.  This is October, November and December. 

Alderman Suozzi asked if bad slabs should be replaced and then an asphalt overlay applied.  Mr. Palmer said this is an option.  One must determine how many slabs have to come out to overlay the road, versus how many must come out to do concrete replacement.  Compare the cost.  When a concrete road is overlayed, some of the drainage capacity is taken away. 

Mr. Palmer said that if paving fabric is going to be used, he does not recommend putting it directly on the concrete.  A wedge course should be used first, then put the fabric down and complete the overlay.  It should be flexible pavement on flexible pavement.  It doesn’t work well with rigid pavement to flexible pavement. 

Alderman Boerner asked if there is an optimum temperature range for crack sealing.  Mr. Palmer said that in January and February when it is very cold, even if there is dry weather, moisture condenses on the pavement quickly after the heat lance is run over the crack.  The optimum time is from October to December when it is not typically so cold.

Alderman Boerner asked if there is a variance in the quality of asphalt.  Mr. Palmer said that commercial grade mixes are the lowest quality.  A design mix from St. Louis is good quality.  Compaction tests can be run on a design mix.  A commercial grade mix does not guarantee good quality rock.  City Engineer Kramer said that St. Louis County has inspectors at the plant when the design mix is prepared. 



Greg McLean, 154 Brightfield Drive:  Mr. McLean requested a stop sign be installed at the intersection of Asilomar and Cleta/Brightfield Drive.  He said that last Tuesday evening, a Ford Explorer traveling east on Brightfield Drive at a high rate of speed turned the curve too tight and hit his neighbor’s truck, which turned the car to a 45 degree angle through his front door.  He presented pictures of the damage and a petition from the neighborhood residents.  Fortunately, no one was injured this time. 

City Administrator Kuntz said that Police Chief Schicker has recommended that the stop sign be installed at the 3-way intersection.  A comprehensive study was done as a result of other incidents. 

A motion was made by Alderman Pogue and seconded by Alderman Terbrock to draft legislation for installation of the stop sign at this intersection.  A voice vote was taken with a unanimous affirmative result and the motion passed.





A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3561.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3561 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. 3561.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3561 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3561 with the following results: 
Ayes – Terbrock, Robinson, Suozzi, Fleming, Boerner, Pogue, Buermann.   Nays – None.  Bill No. 3561 was approved and became Ordinance No. 09-04.

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. Truck Replacement – Two Ton (Low bid:  Southtown Dodge, $44,391)
B. Truck Replacement – One Ton (Low bid:  Dave Sinclair, $30,811)
C. Truck Replacement – Pickup (Low bid:  Southtown Dodge, $19,359)
D. Health Insurance  (4.83% increase)

A motion was made by Alderman Robinson and seconded by Alderman Suozzi to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.



Health Insurance:  City Administrator Kuntz said that the health insurance with the competitive quote to secure the renewal is going to save the city approximately $168,000 from the budgeted amount. 

Street Snow Removal:  City Administrator Kuntz said that the inclement weather in the next 24 hours will test the new 8-hour shifts procedure.  The County and State refer to their 12-hour operations.  All available employees will be working on 8-hour shifts.  This is a cost saving move. 
Fiscal Planning Board Workshop:  City Administrator Kuntz said that in light of the fact that there will at least 3 new Board members, it is proposed that this session be postponed until after the April elections.  The Board agreed.

Right-of-Way Monument:  City Administrator Kuntz said that this is a right-of-way monument sign request in the right-of-way at the Clayton Road entrance to Meadowbrook Country Club Estates Subdivision.  This is similar to other requests that have been authorized along Clayton Road.  This is for the replacement of a previously existing sign.

A motion was made by Alderman Pogue and seconded by Alderman Buermann to authorize the Meadowbrook Trustees to proceed with the installation.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Sales Tax Holiday:  City Administrator Kuntz said that the State has enacted a sales tax holiday for purchase of certain energy efficient appliances purchased from April 19 through 25.  If the Board wants to opt in, legislation will be necessary.  If the Board does not want to participate, no response is necessary. 

Alderman Pogue said that he is in favor of opting in to participate.  He believes that this will help the local businesses in the economic downturn.  He believes the impact on the city revenues will be minimal. 

Alderman Fleming said that he is opposed to participating in this sales tax holiday because the energy efficient appliances will not necessarily influence purchases of other items in these stores.  Ballwin needs the sales tax on these items.

Alderman Terbrock said that he is opposed to participating. 

A motion was made by Alderman Robinson and seconded by Alderman Pogue to opt in to participate in the energy efficient appliance purchase sales tax holiday.  A voice vote was taken with the following result:  Ayes:  Robinson, Pogue.   Nays:  Buermann, Terbrock, Suozzi, Fleming, Boerner.  The motion failed.

Closed Session:  City Attorney Jones would like to follow up on the personnel-related discussion that was conducted at your last meeting.


Clean Air Ordinance:  Alderman Suozzi said that she is frustrated that this Board has not been more pro-active in supporting Ballwin’s Clean Air Ordinance and notifying St. Louis County that the ordinance has been effective.  No money has been spent for police manpower to enforce the ordinance, and it has had little effect on sales.  She said the French Quarter reported that its business increased by 60% following the ordinance’s inception.  Alderman Suozzi suggested that the Board consider adopting a Resolution in support of Clean Air Ordinances in this region and beyond. 

Alderman Suozzi said that support of a Clean Air Ordinance is not going to come from the State level.  She feels strongly that the tobacco lobbyists have a firm grip on the legislators.  She said that 9 times out of 10, Clean Air Ordinances start at the local level and go from there.  The Board took a pro-active stand on this position, passed the ordinance, and has had success.  She said she wants to send a positive message that instead of businesses losing business, in fact it is the opposite. 

A motion was made by Alderman Robinson to draft a Resolution for consideration to support the cities that have asked for support of a Clean Air Ordinance, and ask the St. Louis County Council to pass such an ordinance. 

Alderman Terbrock said that this Resolution will cause more negative feelings and statements against Ballwin.  He said he is hesitant to do this because he would rather see a positive outlook on Ballwin.  No matter what the statistics are, this is a never-ending argument that brings negative statements about Ballwin. 

Alderman Suozzi said that when the legislation was passed, the Board said that we need to get the surrounding cities onboard.  It was a positive move that was supported by the Surgeon General that clean air ordinances are the only way to protect those in a smoking environment.  She said the ventilation systems and smoking areas are ineffective.  The attention is focused on this subject and the Board should move forward. 

Mayor Young said that the Ballwin Clean Ordinance was passed 4 years ago, and no one has done anything to promote it.  He said that he has brought up this issue to the Lafayette Area Mayors, Missouri Municipal League, St. Louis Municipal League, but the support is not there at any city level.  The councilman who represents our area has said that there’s no way it is ever going to pass because there are 4 democrats vs. 3 republicans, and they are not going to pass it.  He said that he wanted St. Louis County to put this on the ballot for a vote of the people.  He said he agrees with Alderman Terbrock that bringing this up now will add more negative fuel to the fire and Ballwin doesn’t need that at this time. 

The motion was amended and seconded by Alderman Suozzi to include that the letter also be sent to the City of St. Louis who has a very active movement toward a smoke-free city.  Alderman Robinson accepted the amendment. 

Alderman Boerner said that if he had been on the Board when the Ballwin’s Clean Air Ordinance was presented, he would have voted against it.  He believes in individual rights.  Alcohol also does damage.  He said he is not in favor of presenting a Resolution supporting and encouraging this issue. 

Alderman Fleming said he is in favor of drafting the Resolution even though he voted against the smoking ban.  He said it is the place of St. Louis County to regulate health issues and the workplace environment.  He said that how he votes on the Resolution will depend on how the Resolution is written.  It should encourage St. Louis County to put the issue on the ballot and generally report that it does not seem to have caused any negative effects to the Ballwin business community. 

Mayor Young noted that Alderman Lembke is absent and asked if a vote should be taken at this time.  Alderman Suozzi said that this is only a vote to draft the Resolution – not on the Resolution itself. 

A voice vote was taken to draft the Resolution with the following result:  Ayes:  Robinson, Suozzi, Fleming, Buermann, Pogue.   Nay:  Boerner, Terbrock.  The motion passed to draft the Resolution for consideration at the next meeting.  City Administrator Kuntz stated that this is not legislation.  This is a draft Resolution to reflect the position of the policy-making Board. 

Planning & Zoning Commission:  Alderman Fleming said that the only aldermanic candidate in Ward 3 is a Planning & Zoning Commission member.  Since there are no Planning & Zoning issues to warrant a March or even possibly an April meeting, there is no urgency to appoint a replacement.  This can be done after the new Board is sworn in.  The Board agreed.

Closed Session:
A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn to closed session to discuss personnel.  A roll call vote was taken with the following results:  Ayes:  Buermann, Pogue, Fleming, Suozzi, Robinson, Boerner, Terbrock.  Nays:  None.  The motion passed to adjourn to closed session at 8:00 p.m.

The Board convened in closed session at 8:10 p.m.

A motion was made by Alderman Buermann and seconded by Alderman Terbrock to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 8:38 p.m.

The Board reconvened in open session at 8:58 p.m.

Mayor Young announced that the Board met in closed session to discuss the re-appointment of the Municipal Judge.

Mayor Young then announced that it was his intention not to re-appoint the Municipal Judge after this term expires on March 1.  A roll call vote was taken and 6 of the 7 Aldermen affirmed this decision with Alderman Fleming opposed.  Mayor Young advised that Virginia Nye would serve in this capacity on an interim basis for an indefinite period.  There was no further discussion.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 9:11 p.m.