The meeting was called to order by Mayor Young at 7:07 p.m. 

The Pledge of Allegiance was given. 

The Minutes of the June 26, 2006 Board of Aldermen meeting were submitted for approval.  Alderman Pogue amended the minutes to correct the spelling of Coco Tara Subdivision on page 7.  A motion was made by Alderman Buermann and seconded by Alderman Lembke to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

None. 

Director of Parks and Recreation Bruer introduced her staff and complimented them on doing a good job.  The 10^th year of operation of The Pointe is being celebrated on Saturday, July 15. 

Alderman Lembke complimented the Parks and Recreation staff on the excellent maintenance and upkeep of The Pointe. 

CITIZEN COMMENTS 

Richard Brewer, 103 Meadowbrook Country Club Estates:  Mr. Brewer expressed concern about the retaining walls in the public right-of-way.  He said the individual homeowners should not be held responsible.  Mr. Brewer said that he is convinced that the wall was built by the developer before the street was put in.  City Attorney Lucchesi said that the city is capable of deeding the land back to the adjoining property owners if this is an issue.  Alderman Robinson said the question is who owns the property.  Mr. Brewer said that when this was a private subdivision, the right-of-way and streets belonged to the homeowners association and the country club.  In 1998, this was all dedicated to the City of Ballwin and transferred to the city.  He said that this property has never been the responsibility of the adjoining individual homeowners.  It was the developer first, then the homeowners association, and then it was transferred to the city.  He said the responsibility should be on the homeowners association and not the individual homeowners.  City Administrator Kuntz said that Ballwin should obtain a legal opinion as to the City’s responsibility in matters of retaining walls in the public right-of-way.  This is a complicated issue.  Mayor Young said that this will be evaluated and a legal opinion presented to the Board for further consideration. 

Alderman Robinson asked that Mr. Brewer send to him a copy of the survey when he bought the house.  Mr. Brewer said that he would do this and gave permission for city officials to enter his property to view the situation. 

None. 

NEW BUSINESS 

LEGISLATION 

BILL # 3436 - AN ORDINANCE EXTENDING THE CONTRACT FOR THE COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE, RUBBISH AND TRASH FROM THE PREMISES OCCUPIED BY SINGLE FAMILY RESIDENTIAL DWELLINGS WITHIN THE CITY BY ALLIED WASTE INDUSTRIES, INC. 

A motion was made by Alderman Buermann and seconded by Alderman Pogue for a first reading of Bill No. 3436.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3436 was read for the first time. 

City Administrator Kuntz said that this bill contains the current language and the contract is being extended by term.  The change is in the rate structure. 

Alderman Fleming said he talked to one of Allied’s competitors and they would bid on twice a week pickup, however, there would be an economic incentive to go with once a week vs twice a week.  All of the carriers are of that same position.  He said that in some of the neighboring communities, the city gets one bill and pays for it instead of individual bills sent to the residents.  He said that there is a 30-day out in the contract and he is, therefore, willing to support an extension at this time. 

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock for a second reading of Bill No. 3436.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3436 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3436 with the following results: 

Ayes – Kerlagon, Buermann, Fleming, Pogue, Robinson, Suozzi, Lembke, Terbrock.    Nays – None.  Whereupon Mayor Young declared Bill No. 3436 approved and it became Ordinance No. 06-47. 

Alderman Lembke asked that the residents be notified prior to the 2007 rate increase in the city newsletter and on the website.  This should also be sent to the residents by Allied Waste. 

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

Appointments:  Mayor Young said that two positions on the Board of Adjustment are still pending for re-appointment. 

A motion was made by Alderman Robinson and seconded by Alderman Fleming that due to the resignation of Jeff Medler on the Planning & Zoning Commission, Paul Morgan, who resides at 73 Meadowbrook Country Club Estates in Ward 3, be appointed to fill this vacancy.  Mayor Young agreed that Mr. Morgan is qualified to serve.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Mayor Young said that the St. Louis County Council has put out to bid the Big Bend Road expansion between Oak Leaf Manor and Tree Top Village Drives. 

Mayor Young said that in order to try to do more for our city and to get more visibility, he volunteered and has been accepted by the Missouri Municipal League to be on the steering committee for finance and taxation for the state.  This meeting will be held in Jefferson City in August. 

CITY ADMINISTRATOR’S REPORT 

Selection Update:  City Administrator Kuntz said that the interview schedule for Municipal Judge has been scheduled for August 4 and 5 at the Police station.  Since these are meetings of the entire Board, the two meetings will have to be publicly advertised, roll calls taken, and open to the public.  Alderman Lembke requested that the 15^th person not on the list and who was referred to in the correspondence prior to this meeting, be included.  Mayor Young said he may not be present at these meetings, therefore, Board President Alderman Buermann will call the meeting to order.

Retaining Walls:  City Administrator Kuntz recommended deferring discussion pending receipt of a legal opinion on this issue.  The Board agreed.  Alderman Fleming asked where the other deteriorating retaining walls in the public right-of-way are located.  City Administrator Kuntz said that one is at Seven Trails Drive at the bottom of the hill just past the lower parking lot.  The others are on Caybeth, Happy Court, and Pleasant Grove.  He said that this type of construction is no longer permitted. 

Parks & Recreation Department:  City Administrator Kuntz praised the department for the good job they do on taking care of the recreational facilities, programs, and services. 

None. 

None. 

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:00 p.m.

Walter S. Young, Mayor

ATTEST: Robert A. Kuntz, City Administrator

MC