The meeting was called to order by Mayor Young at 7:04 p.m.

The Pledge of Allegiance was given.

Oath of Office:  Mayor Young administered the Oath of Office to Katherine Koch for the position of Municipal Judge.

The Minutes of the February 12, 2007 Board of Aldermen meeting and closed session were submitted for approval.  Mayor Young amended the minutes to include his complete and verbatim statements regarding Bill 3465 Term of the Mayor.  A motion was made by Alderman Lembke 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.

PUBLIC INPUT

Mayor Young said that the Board will listen to the questions and statements, but will not respond at this time.  The questions will be answered on the website, in written form, or by e-mail.

Jeanne Ikemeyer, 705 Claymont Dr., 63011:  Ms. Ikemeyer said that there isn’t any need for a pedestrian bridge.  She asked why is the pedestrian bridge being considered again, now that Ballwin is in such a terrible financial condition that a property tax is being discussed and raising the utility tax?  What exactly have the Aldermen been doing to bring new business to Ballwin to replace the businesses that have moved out of Ballwin?  

Ruth Murphy, 243 Howard Drive, 63021:  Ms. Murphy asked if the Board has considered reinstituting the annual car stickers?  She said that years ago, the charge was $5.  This would bring in revenue.  She said that senior citizens should be considered in the decision making.  She said there are 9 retired widows on fixed incomes living on her street.  

Paul Gruchot, 318 Country Club Dr., 63011:  Mr. Gruchot said that he is opposed to eliminating the police department and consolidating with St. Louis County.  

None.

Carl Klatt, 449 Radford, 63021:  Mr. Klatt asked how much money will the city have to pay for the pedestrian bridge and what will be the federal government’s portion?  City Administrator Kuntz said the project is through the Federal Transportation Enhancement Act, which is for pedestrian enhancements and not for construction of streets.  He said similar project a few years ago enabled Ballwin to construct sidewalks on both sides of Manchester Road.  This is a 70/30 application.  He said that at this time, it’s nothing more than an application.  There will be a public hearing requirement to decide whether or not to move forward and participate.  He said there are other funding sources for the local 30%.  That portion has not been committed because it is not known if the application will be accepted.  

Mr. Klatt asked how much money does the federal government pay and how much money does Ballwin pay if the bridge is constructed?  City Administrator Kuntz said this is approximately a $2 million project, which would be approximately $600,000 from local sources, not necessarily from the City of Ballwin.  

Mr. Klatt said that approximately 10 years ago, he presented a petition to the Mayor containing more than 200 signatures that didn’t want this bridge.  The petition was notarized.  He said he does not understand why the bridge is being considered again.  He said not many people use the Manchester Road sidewalks.  Most people drive cars.  There are stoplights with pedestrian signals at 3 locations, at Ries Road, Holloway, and New Ballwin Road.  He said that the Ballwin Days festival for 3 days cannot justify this expense.  

City Administrator Kuntz said it will be up to the Board to make the determination when the time comes. 

Mr. Klatt asked why is this being brought up again when it was defeated the last time?  Ten years ago, some of the aldermen were in favor of the pedestrian bridge, but when they found out their neighbors were against it, they voted against the bridge and it did not pass.  He said that if Ballwin is experiencing financial difficulties, this should not be a project for consideration.  Mr. Klatt said that he has been retired for 22 years and on a fixed income.  He said that spending tax dollars on a bridge does not make sense. 

Gary Chura, representing Mr. and Mrs. Swamy:  Mr. Chura said that he will answer any questions the Board has regarding Bill # 3472.  

None.

BILL # 3472 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR SWAMY SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3472.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3472 was read for the first time.

A motion was made by Alderman Buermann and seconded by Alderman Pogue for a second reading of Bill No. 3472.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3472 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3472 with the following results:  

Ayes – Pogue, Suozzi, Fleming, Kerlagon, Terbrock, Lembke, Buermann.   Nays – None.  Whereupon Mayor Young declared Bill No. 3472 approved and it became Ordinance No. 07-07.

BILL # 3473 - AN ORDINANCE PROVIDING FOR THE AMENDMENT OF A SPECIAL USE EXCEPTION AND IN PARTICULAR REQUESTING A SITE PLAN AMENDMENT FOR FRONT YARD PARKING AND AUTO SERVICE.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3473.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3473 was read for the first time.

Alderman Suozzi said that the petitioner has agreed to the sidewalk construction or donation into the sidewalk fund, the cross access easement, and dumpster screening.  She said the Planning & Zoning Commission recommended approval.

A motion was made by Alderman Pogue and seconded by Alderman Buermann for a second reading of Bill No. 3473.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3473 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3473 with the following results:  

Ayes – Fleming, Kerlagon, Suozzi, Terbrock, Buermann, Pogue, Lembke.  Nays – None.  Whereupon Mayor Young declared Bill No. 3473 approved and it became Ordinance No. 07-08.

Mayor Young said that Missouri is losing federal funding because it does not have a primary seat belt law. 

A motion was made by Alderman Lembke and seconded by Alderman Pogue to adopt the Resolution.  A voice vote was taken with a unanimous affirmative result and the motion passed.

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 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

Provisional Judge:  Mayor Young said that the Municipal Judge is willing to provide input for the Board.  A suggested name will be provided at the next meeting.

Closed Session:  Mayor Young said he would like to discuss in closed session a personnel issue as it relates to property maintenance and code violations.

City Attorney Selection Process:  City Administrator Kuntz recommended 30 minutes per interview for each of the 4 candidates.  He said he will check on the schedules and availability of the candidates due to spring break to determine if interviews should be conducted on March 12 and 26.  Alderman Fleming said that if there are 2 or more candidates available for interview on March 26, those interviews should be conducted at that time.  If not, the interviews should be scheduled around the Board meeting on March 12. 

Agenda Review:  City Administrator Kuntz asked if the Board would like to consider conducting agenda review meetings prior to the second Board meeting of the month.  Alderman Terbrock is not in favor of this and feels that it is a waste of time.  Alderman Fleming said he would like to see this time used for committee meetings.  The Board was in agreement not to reinstate the agenda review meetings.  

Financial Impact Q & A:  City Administrator Kuntz said that answers have been prepared for the finance and revenue questions that were asked at the last meeting.  Supplemental information has been included that was requested.  He suggested Board review the answers before publication.  Alderman Kerlagon asked if this should be reviewed by the Finance & Administration Committee.  Alderman Fleming said that it was agreed that after two Public Input sessions, the Board would prepare a list of recommendations as an appendage to the budget.  These recommendations and their format need to be decided.  Alderman Buermann said that the Board needs to have a plan on how any new funds would be spent.  He asked that this information be presented at the next meeting.  

Alderman Lembke said that he would like the Board comments be added to the public information and reviewed by the Board at the next meeting.  He said that a personal property tax, via car window sticker, was suggested for increased revenue, utility tax, and real estate tax. 

Alderman Fleming said he does not have a problem with posting and distributing the answers to the February 12 meeting questions.  Alderman Suozzi said that there is confusion about personal property tax and property tax.  She said that real estate tax is being considered, but personal property tax is also an option.  

Storm Debris Clean up:  City Administrator Kuntz said that debris storage has become an issue.  Bids were solicited to provide roll-off containers.  There is too much debris to handle in the normal traditional manner.  He asked that the contract for the containers and loading be awarded to Kelp Contracting at a cost of $21,300 or $25.06 per ton.  He said that 85% of the cost will be eligible for reimbursement.  Staff has contacted nurseries, golf courses, and Castlewood State Park.  Haul time is an issue that equates to down time for a truck. 

Alderman Buermann said that mulch is available for everyone at North Pointe, The Pointe at Ballwin Commons, and Ballwin Athletic Association lots.  

Alderman Lembke suggested that Ballwin citizens could call and request a truckload of mulch be dropped in their driveway.  City Administrator Kuntz said that this has been done on a limited basis.  Alderman Lembke asked if there is a cost-effective way to blow the mulch.  He asked if space could be rented on the parking lot of the former Red Lobster site for mulch. 

A motion was made by Alderman Lembke and seconded by Alderman Pogue to authorize the contract with Kelp Contracting for the removal of the wood chips.  A voice vote was taken with a unanimous affirmative result and the motion passed.  

Alderman Fleming asked what is the plan at this point and is there enough space at our own facilities?  City Administrator Kuntz said that the crews are tub grinding as much as possible and freeing up more space at North Pointe.  He said that private options have been evaluated.  It won’t be possible to use Castlewood State Park.  He said he thinks we can handle what’s left with the space available on city property.  We may need to supplement with the Kelp contract.  People don’t have to be Ballwin residents in order to pick up truck loads of mulch.  

Policy Manual:  City Administrator Kuntz said the Policy Manual review will be held after the closed session.  

None.

Storm Debris Cleanup:  Alderman Lembke said that some residents are adding to the storm debris with other tree limbs etc., since they were told in the beginning that the crews would continue to pick up limbs even in areas that have already been picked up.  This is no longer the policy and they will have to bundle the extra tree limbs in 4-foot lengths for Allied Waste pickup.

Alderman Suozzi said that it says online that there will be one pass through.  City Administrator Kuntz said that it was stated that we would continue until the entire city was cleaned up.  He said this will be a policy question.  It has been complicated because the project is so long and consumes all of the Parks and Public Works personnel.  An example of this is that there has been only one person available to make pothole repairs.  He said that the Parks Department and Public Works has been unable to do anything else for the past 6 weeks.  There will be at least another 3 weeks before the city is complete.  

Alderman Lembke asked if it would be easier and faster if people posted a sign that said “chip it and leave it”.  The chipped mulch could then be emptied at that location for the property owner making the request.  City Administrator Kuntz said that most people would not be in favor of this.  He asked the Board to consider further instructions.  An updated press release will be posted.

Agenda Approval:  Alderman Terbrock said that Wentzville has Agenda Approval ahead of their Board meeting.  He asked if Ballwin could do this?  City Attorney Lucchesi said that Wentzville is probably a charter city and has different operating procedures than a fourth class city.  Alderman Pogue said that there is a procedure in Roberts Rules of Order for this.  City Attorney Lucchesi said that this Board receives the agenda 3 or 4 days in advance of the meeting.  He said that perhaps Wentzville does not do this.  They may get the agenda the day of the Board meeting.  

Alderman Lembke said that sometimes comments made during Citizen Comments will encourage further discussion under aldermanic comments.  He does not want to limit flexibility for discussion.  He asked what the advantage would be of an agenda approval process before moving into the published agenda?  City Attorney Lucchesi said that amending the agenda could become time consuming.  He said that if there is something that is not on the agenda, it should not be considered.  The agenda is set prior to the meeting.  The published agenda is given out in advance so that the Board can be prepared.  If something comes up that is not on the agenda, any member of the Board can make a motion to not consider it and to postpone it.  

Future Finances:  Alderman Fleming asked that on the next agenda, time be designated to discuss the Board’s recommendations for finances.  A month ago, the Board was close to making recommendations, but it was postponed for public input.  It was then agreed to make recommendations after that.  He said that this should be done on the next agenda and a course of action agreed upon by the Board.  Alderman Buermann said that a plan has to be decided upon as to where any proposed new revenue will be spent.  

Alderman Buermann said that percentage distributions must be decided for the expenditure of any new revenue so that a lengthy debate on this issue does not consume the discussion.  He said that percentage suggestions can be e-mailed to City Administrator Kuntz or himself in advance of the meeting.  It must be determined how the money will be spent if there are going to be revenue enhancements.  

Closed Session: 

A motion was made by Alderman Buermann and seconded by Alderman Lembke to adjourn to closed session for the purposes of discussing personnel issues as it relates to property maintenance and code violations.  A roll call vote was taken with the following results:  Ayes:  Buermann, Lembke, Pogue, Suozzi, Kerlagon, Terbrock, Fleming.  Nays:  None.  The motion passed to adjourn to closed session at 8:08 p.m.

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

A motion was made by Alderman Buermann and seconded by Alderman Lembke to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 8:33 p.m.

The Board reconvened in open session at 8:35 p.m.

Mayor Young announced that the Board met in closed session to discuss personnel issues as it relates to property maintenance and code violations.  No votes were taken.

Policy Manual Review: 

Page 3-2:  Add to Golf:  Any member of the Board of Aldermen shall be issued an honorary lifetime pass after serving at least 10 years in elective office.

Delete:  Tee Time Reservations section.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to accept the amended Section 3, designating 10 years for the specific person only, and the Tee Time Reservations section deleted. 

Section 4 – Finance, Page 4-1:  Operation Budget – Cash Reserves:  It was suggested that Item # 3 read as follows:  “Any change or application of designated revenue, capital or operating, to the capital or operating budget accounts, shall require formal Board of Aldermen approval.”  

Alderman Fleming suggested that Finance Section 4, Pages 4-1 to 4-7 be reviewed in greater detail before Board acceptance.  The Board agreed.

Fraud Policy, Page 4-8:  A motion was made by Alderman Pogue and seconded by Alderman Terbrock to accept this policy as written.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Purchasing, Page 4-9:  A motion was made by Alderman Suozzi and seconded by Alderman Pogue to accept this policy as written.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Surplus Property Disposal, Page 4-16:  A motion was made by Alderman Pogue and seconded by Alderman Suozzi to accept this policy as written.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Legislation – Section 5:  Agenda/Legislation, Page 5-1:  A motion was made by Alderman Pogue and seconded by Alderman Terbrock to accept this policy as written.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Public Hearing, Page 5-1:  A motion was made by Alderman Terbrock and seconded by Alderman Pogue to accept this policy as written.  A voice vote was taken with a unanimous affirmative result and the motion passed.  

Senate Bill No. 255:  Mayor Young said that Senate Bill No. 255, regarding overtime pay for police and fire personnel, said that this bill is going to the House for review.  In the House and some Senators said that a lot of them are afraid to do anything about this bill because 76% of the population voted for this.  It will cost Metro West $600,000 if this is not fixed this year.  Monarch talked about in excess of $500,000.  Senator Loudon said that this is all of our constituents and the problem should be corrected.  Mayor Young said that the House members representing the Ballwin area are not against this bill. 

AT&T, Senate Bill No. 284:  Mayor Young said this is a bad bill.  It has been through the Senate and is now in the House.  They are going to take everything away from the cities as far as having any rights.  The State will control everything.  The House is upset about this bill.  He asked for no action until mid to late April to see what is happening at the State level.  City Administrator Kuntz said that Manchester and Ellisville are on hold with this.  If AT&T makes their presentation, there will be at least 2 tedious hours because Charter will debate the issue.  

House Bill No. 356:  Mayor Young said that this bill will remove the sales tax sharing provision enacted in 1993 for the county-wide sales tax and eliminate $8 million in revenue in St. Louis County and $6.7 million in 56 cities in the state sales tax pool.  He said that this will severely affect Ballwin.  He said he talked to the Speaker of the House and the chairman of the committee and found out that this bill will not see the light of day.  He said that this was done by Mr. Hancock in Fenton.  He has hired lobbyist to work on this and is pushing it very hard.  County Executive Dooley has stated that he will do everything possible to keep this from going any further.  

½ Cent Sales Tax:  Mayor Young said that in November, there will probably be a ½ cent sales tax on the ballot for Metro Public Transportation.  It has been said that they are going to be $20 million short next year, based on the reconstruction of Highway 40.  He said they don’t have a plan for any future growth.  Because of this, they have been told that the west county and south county areas will be looking at this negatively unless there is a plan.  

A motion was made by Alderman Buermann and seconded by Alderman Pogue to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 9:16 p.m.

Walter S. Young, Mayor

ATTEST: 

Robert A. Kuntz, City Administrator 

MC