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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

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. 

MEETING NOTICE
Finance & Administration Committee 
The Finance & Administration Committee of the Ballwin Board of Aldermen will meet on Monday, January 8, 2007 at 6:30 p.m., prior to the regular scheduled Board of Aldermen meeting at 7:00 p.m. in the Board Room at the Donald Red Loehr Police & Court Center, 300 Park Drive.  The purpose of this session is to discuss the budget and future finances.  No formal action will be taken.  
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 meeting.  Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.
Robert A. Kuntz
City Administrator

Meeting Minutes

MINUTES OF THE JANUARY 8, 2007 FINANCE & ADMINISTRATION COMMITTEE AND BOARD OF ALDERMEN MEETING
City of Ballwin
300 Park Drive
FINANCE & ADMINISTRATION COMMITTEE MEETING MINUTES
The Finance & Administration Committee meeting was called to order at 6:30 p.m. by Chairman Fleming.  Committee members in attendance included Aldermen Buermann, Pogue, Kerlagon.  Also in attendance were Mayor Young, Aldermen Lembke, Terbrock, Suozzi, Robinson, City Administrator Kuntz, and Finance Officer Loehr.
Alderman Fleming presented an overview of his outline of potential finance measures.  It was agreed by the committee that this list should be presented to the Board as drafted.  Mayor Young pointed out a few minor points that needed to be changed.  Alderman Fleming agreed to tweak the final product, add an introduction, and present it to the City Administrator in electronic form for inclusion in the packet for the January 20 Board retreat.  There being no further business, the meeting was adjourned at 7:57 p.m.
Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to adjourn.  A voice vote was taken with a unanimous affirmative result and the meeting adjourned at 7:00 p.m.
Chairman Frank Fleming
ATTEST: Robert Kuntz, City Administrator 

Board of Aldermen Meeting Minutes
The meeting was called to order by Mayor Young at 7:04 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 Ray Kerlagon
 
City Administrator Robert Kuntz
 
City Attorney Lionel Lucchesi
 

The Pledge of Allegiance was given.
The Minutes of the November 27, 2006 Board of Aldermen meeting and closed session were submitted for approval.  Alderman Pogue amended the closed session minutes to include his statements:  “Alderman Pogue said that he cannot support eliminating our police force and give up response time to our residents.  He feels that the additional support of our own police department is very important in addition to Metro West.”  City Attorney Lucchesi said that the minutes are not meant to be verbatim transcripts of what is said at any meeting.  Verbatim comments will not help if there is a litigation situation.  He suggested preparing these minutes with everyone’s input and submit for approval.  Alderman Robinson said that positions of the aldermen should be accurately reflect from both sessions. 
A motion was made by Alderman Robinson and seconded by Alderman Terbrock to hold over approval of the November 27, 2006 minutes until the next Board meeting, and to combine the three amended versions into one document for review.  A voice vote was taken with a unanimous affirmative result and the motion passed.
The Minutes of the December 11, 2006 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Pogue and seconded by Alderman Suozzi to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.
OLD BUSINESS
None.

CITIZEN COMMENTS
None.
PUBLIC HEARINGS
None.
NEW BUSINESS
LEGISLATION
BILL # 3465 - AN ORDINANCE AMENDING CHAPTER 2, SECTION 2-101 and SECTION 2-105 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY REDEFINING THE TERM OF OFFICE SET FORTH THEREIN.
A motion was made by Alderman Robinson and seconded by Alderman Suozzi to hold over Bill # 3465 to the next meeting for review of additional information.  A voice vote was taken with a unanimous affirmative result and the motion passed.
BILL # 3466 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY THE ADDITION OF A NEW ARTICLE VI FOR CHAPTER 16 OF THE CODE CONCERNING THE PROCEDURES FOR ENFORCING ADMINISTRATIVE OFFENSES.
City Administrator Kuntz suggested that Bill # 3466 be removed from the agenda, and a substitute bill be provided to include information provided by City Attorney Lucchesi and Assistant City Administrator Aiken.  City Attorney Lucchesi said that Ballwin is 4th class city, not a charter city.  Not all suggestions are authorized by the State Statutes.  
A motion was made by Alderman Lembke and seconded by Alderman Terbrock to remove Bill # 3466 from the agenda, and a substitute bill be drafted for consideration.  A voice vote was taken with a unanimous affirmative result and the motion passed.

BILL # 3467 - AN ORDINANCE IN THE CITY OF BALLWIN, MISSOURI, TO READOPT ORDINANCE No. 05-40 WHICH ESTABLISHED A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN MUNICIPAL OFFICIALS.
A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3467.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3467 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. 3467.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3467 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3467 with the following results: 
Ayes – Kerlagon, Robinson, Pogue, Lembke, Terbrock, Fleming, Buermann, Suozzi.    Nays – None.  Whereupon Mayor Young declared Bill No. 3467 approved and it became Ordinance No. 07-01.
BILL # 3468 - AN ORDINANCE APPROVING A REVISED FINAL DEVELOPMENT PLAN OF COACHLIGHT SUBDIVISION IN THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.
A motion was made by Alderman Pogue and seconded by Alderman Suozzi to hold over Bill # 3468 for further consideration. 
Alderman Fleming asked about the result of the Planning & Zoning Commission review.  Alderman Suozzi said that the Planning & Zoning Commission approved the plan by a vote of 8-1.  
A voice vote was taken with a unanimous affirmative result and the motion passed.
BILL # 3469 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A REVISED SUBDIVISION PLAT FOR COACHLIGHT SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.
A motion was made by Alderman Pogue and seconded by Alderman Suozzi to hold over Bill # 3469 for further consideration.  A voice vote was taken with a unanimous affirmative result and the motion passed.
 
A RESOLUTION AUTHORIZING SUPPORT OF GRANT APPLICATIONS BY ALLIED WASTE SERVICES FROM ST. LOUIS COUNTY AND THE ST. LOUIS – JEFFERSON SOLID WASTE MANAGEMENT DISTRICT UNDER THE RECYCLING AND WASTE REDUCTION GRANT PROGRAMS FOR THE CONTINUATION AND THE ENHANCEMENT OF THE BALLWIN SINGLE STREAM CUBSIDE RECYCLING PROGRAM THROUGH THE PURCHASE OF 65-GALLON RECYCLING CARTS.
A motion was made by Alderman Lembke and seconded by Alderman Suozzi to approve the Resolution.  A voice vote was taken with a unanimous affirmative result and the motion passed.
 
A RESOLUTION ESTABLISHING A MORATORIUM ON THE CONSTRUCTION OF ANY NEW OR THE EXPANSION OF ANY EXISTING AUTOMOBILE SALES BUSINESS WITHIN THE CITY WHICH ESTABLISHMENT OR EXPANSION REQUIRES LEGISLATIVE APPROVAL, EXCEPT FOR MINISTERIAL ISSUANCE OF NORMAL PERMITS WHICH REQUIRE ONLY APPROVAL BY MOTION, UNTIL DECEMBER 31, 2007 OR SUCH TIME AS THE COMPREHENSIVE PLAN IS APPROVED BY THE BOARD OF ALDERMEN, WHICHEVER DATE OCCURS FIRST.
Alderman Fleming said that the Comprehensive Plan could possibly be approved as early as March.  He said that this is not enough time for a moratorium.  He said that this should be in effect for a longer period of time.  He suggested removing “or such time as the Comprehensive Plan is approved by the Board of Aldermen, whichever date occurs first” and extending the date.  City Attorney Lucchesi said that either a set date or until the Comprehensive Plan is completed is what will govern restrictions.  He said that something should be changed in the Zoning Ordinance in conjunction with the Comprehensive Plan.  He does not believe that the Board has the authority to restrict a business if they meet the other ordinances that are passed by the city. 
Alderman Lembke asked if the Comprehensive Plan is approved by the end of March, would there be legal grounds to deny a business from the end of March assuming that the Plan does not address this question and hold off until December 31, 2007.  City Attorney Lucchesi said that unless there are circumstances that he is unaware of, the answer is no.  He said a denial is done by ordinance not a resolution.  
City Attorney Lucchesi said that is the Comprehensive Plan designates specific areas and states that zoning should be approved for specific uses, and passed by the Board, that will control.  If the Comprehensive Plan states that remaining in C-1 and the Zoning Ordinance is not changed, the Zoning Ordinance will control.  A review of the Zoning Ordinance has been recommended in conjunction with the Comprehensive Plan.  This will give grounds for a moratorium for a limited time.  City Administrator Kuntz said that the intent is to prohibit or limit the potential expansion of a type of retail establishment that does not generate significant retail sales tax, but by virtue of its nature, removes a disproportionate amount of commercial land from the existing inventory where other suitable tax generators could be located.  He said there is nothing pending that will negatively impact anyone at this time.  
A motion was made by Alderman Fleming and seconded by Alderman Buermann to amend and approve the Resolution by stopping after December 31, 2007.  The remainder of the heading should be deleted.  The same change should be applied to 5th paragraph in 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.
Municipal Judge
B.
Tobacco Possession
C.
Check Signatories

A motion was made by Alderman Fleming and seconded by Alderman Kerlagon to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.
MAYOR’S REPORT
Vacancy – Ballwin Days Co-Chairman:  Mayor Young recommended re-appointment of Tim Vincent for another 3-year term to expire in December, 2009.  A motion was made by Alderman Lembke and seconded by Alderman Buermann to re-appoint Tim Vincent as Ballwin Days Co-Chairman to another 3-year term to expire in December, 2009.  A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ADMINISTRATOR’S REPORT
North Pointe Usage:  City Administrator Kuntz said the City of Ellisville has requested a continuation of the arrangement for their residents to use our municipal outdoor pool under the same terms and conditions as were approved last year.  He said raising the number of Ellisville residents from 75 to 100 would not have an adverse impact.  This promotes a good relationship with the city of Ellisville, since their situation has not yet changed.
 
A motion was made by Alderman Lembke and seconded by Alderman Robinson to extend the same terms and conditions to the City of Ellisville and increase the potential membership from 75 to 150.  
Alderman Robinson said that Ellisville has been very cooperative throughout the year on various items and he is in favor of granting their request.  Alderman Suozzi said that 150 is too high and recommended 100.  Director of Parks and Recreation Bruer said she is comfortable with 100.  
Alderman Buermann said he is in favor of increasing the Ellisville request to 100.  Alderman Fleming said he also is in favor of 100.  He asked if a change in the fee structure should be changed.  City Administrator Kuntz said that Ballwin and Ellisville benefit from this arrangement.  He said a renewal is proposed without a price change. 
Alderman Lembke amended his motion, and Alderman Robinson amended his second, to increase the potential membership from 75 to 100.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Vehicle Replacement:  City Administrator Kuntz said in an effort to contain costs and get the best value, City Engineer Kramer solicited options for certified pre-owned vehicles for a vehicle for the Public Works replacement vehicle that was a retired police Crown Victoria that had been budgeted for replacement in the 2007 capital budget.  He said purchase of a new vehicle is not necessary and this will save money.  He said the vehicle is a 2006 Ford Escape, low mileage, with 2 years of warranty remaining, at Bo Bueckman Ford in Ellisville.  This will be an immediate savings of $6,000.  Alderman Lembke said that purchasing a new Escape would be a higher amount and this will be a savings of closer to $10,000. 
A motion was made by Alderman Lembke and seconded by Alderman Buermann to purchase the Ford Escape in the amount of $18,000 from Bo Bueckman Ford.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Annual Fireworks Display:  City Administrator Kuntz said that a letter was received from the Ballwin Athletic Association regarding the annual fireworks display.  The letter indicates the issues and challenges involved in putting on the display, and that if Ballwin provides $15,000 and signs the contract, they will take care of the rest.  
Alderman Terbrock said that the Ballwin Days Committee is eager to do two nights of fireworks as an alternate to the July 4th display.  He said that this will eliminate three cities providing fireworks at the same time.  Mayor Young said that if there is a rainout, people don’t know when the display will be rescheduled.  Alderman Terbrock said that sponsors could help provide the funds for the Ballwin Days Fireworks Display.  
Alderman Buermann said that a rainout date scheduled in August is not a good idea.  This is because the BAA game schedule does not allow for another date before August.  Alderman Pogue said that $15,000 for fireworks during Ballwin Days will buy a bigger show than on July 4.  There’s probably a 20% premium to having this on July 4.  He said that the BAA schedules 8 months in advance and the fireworks display is already scheduled.
Alderman Lembke said that the BAA does not want to be considered the “bad guys” in the media for a change.  He said BAA is willing to make many accommodations in order for this event to take place at their facility.  He asked if the fireworks display is a benefit to the BAA?  If not, would they have major concerns about Ballwin moving in a different direction with the fireworks display? 
A motion was made by Alderman Lembke to ask City Administrator Kuntz to discuss with the BAA officials if they want to participate, and get the fireworks paid for by sponsorship through Ballwin Days, and bring the results back to the Board at the next meeting.  There was no second.
The motion was amended by Alderman Fleming and seconded by Alderman Robinson that the Board ask City Administrator Kuntz to meet with the BAA and discuss their view on supporting the fireworks this year and to report back to the Board by the first meeting in February.  
Alderman Fleming asked City Administrator Kuntz for his suggestions.  City Administrator Kuntz said that he would like to try using Ballwin Days for the fireworks display for a 1-year trial and leave the options open. 
Alderman Robinson asked Ballwin Days Co-Chairman Tim Vincent is there a suitable location for the Ballwin Days fireworks which would be comparable to the July 4 fireworks at the Ballwin Athletic Association.?  Mr. Vincent said that Ballwin Days will not be able to put on a fireworks display equivalent to the BAA display.  He said that there isn’t enough money to do a display of that magnitude for two nights.  He said that smaller shells but more of them would be possible in the Ballwin Days location.  He said that during Ballwin Days, the ability to bring people into Ballwin because of the fireworks display is a positive thing.  
The motion was amended by Alderman Buermann to amend the previous motion and have City Administrator Kuntz send a letter to the BAA stating that Ballwin Days will be used this year for the fireworks display as a trial.  
Alderman Fleming said that if this letter is sent to the BAA, it looks like Ballwin got so frustrated with the BAA that they said forget it.  He said if this action is taken, it makes the BAA look bad for no reason.  
Alderman Terbrock said that we are trying to relive the BAA of the burden that they indicated in their letter.  This is not meant to make the BAA look bad.  
The amending motion failed for lack of a second. 
Alderman Robinson said that because of this discussion, he thinks there is a perception that the Ballwin Board of Aldermen doesn’t want the BAA to do the fireworks display.  He said this is not accurate.  He said policy shifts should be handled carefully.  He said the BAA letter states that they want to have the fireworks display.  The BAA is doing their scheduling and needs to know about this event.  He asked if the discussion is to have the fireworks display at the BAA, or is staff being directed to make it clear that we will not be doing the fireworks display at the BAA?
Alderman Lembke said that it is his recollection that this Board discussed as a possible cost-savings measure to ask the BAA last year if they would participate in the actual financial cost of the fireworks.  From that request, the BAA sent a letter stating that it was too late in the year for them to be able to budget this amount because their budget process occurs early in the year and they had no reserve funds to participate in this.  He said that his perception was that there wasn’t much value to the BAA to have the fireworks.  Up until this point, there has not been an opportunity to do the fireworks in another venue.  The Ballwin Days Committee volunteered to try doing this.  Due to an article in the newspaper,  BAA is saying to the Ballwin Board that it is not their intent to discontinue hosting the fireworks display, however, it is a lot of work to do the display.  He said that the BAA is saying that they cannot provide any financial assistance.  Someone should contact the BAA and state that since there’s little value to the BAA and a lot of work and additional expense, there is now an option to free up the BAA personnel.  If there is a value to the BAA to have the fireworks display, we should know this so that this Board can weigh this against the other options.  
Alderman Lembke said that if there is not enough evidence that having the fireworks at BAA on July 4 is Ballwin’s best value, to say that it is in the best interest of Ballwin to move the display to Ballwin Days for one year is a better value.  He said at this time, this question has not been answered by the BAA.
A motion was made by Alderman Fleming and seconded Alderman Robinson to table this discussion until the next Board meeting.  A voice vote was taken with  7 Ayes, and Alderman Terbrock voting Nay.  The motion passed.
Pedestrian Bridge Grant:  City Administrator Kuntz said that there is a surplus of enhancement highway funds available.  Enhancement funds are for projects that relate to pedestrian access, not directly to roadways.  He said he asked City Engineer Kramer to review the original proposal submitted for the pedestrian access bridge across Manchester Road.  The necessary right-of-way was secured when Olde Towne Plaza was constructed.  We have additional right-of-way adjacent to the Metro West Fire Station.  The project includes completing the Manchester Road sidewalk between Metro West, past the Government Center.  This will give continuous pedestrian access along Manchester Road.  He said the last time this grant was received, due to some minority negative public comment, it was withdrawn, but it is a topic of conversation in the Strategic Plan.  Subsequent to our withdraw of our application, there has been an additional pedestrian bridge now in place in Wildwood over the same roadway.
City Administrator Kuntz said this is a 70% funded project.  With Board approval, it may be worth reapplying for those funds to make Manchester Road unique in terms of marketing of the retail, as well as to fulfill our commitment to enhanced pedestrian access.  He said this is estimated to be a $2,261,000 project with a 2008 – 2012 timeline.  The engineering wouldn’t begin until 2008.  The city’s share of the 70% would be $678,300.  He said that 70% for that much money is a good return.  There is an application fee of ½ of 1% which is $7,910.  If we do not get the grant, they refund the application fee.  The deadline for response is before the next Board meeting.  He asked if the Board wants to proceed and is willing to authorize the application fee? 
A motion was made by Alderman Lembke and seconded by Alderman Suozzi to direct staff to submit the application and to commit $7,910 for the application fee at this time.  
Mayor Young said that this should be thoroughly discussed because this was previously considered.  He said that a handicap ramp would need to be constructed.  City Administrator Kuntz said that this is a totally different design.  The new proposed design includes two glass-enclosed elevators similar to that at Union Station and in Kansas City.  He said it’s a gamble but it is also 70% federal funds.  
Alderman Pogue asked if the application is submitted and then we decide not to do this after acquiring the grant, what is the result?  City Administrator Kuntz said that the $7,910 will be lost.  He said that this is no longer the residential district that it was when the proposal was first presented.  Alderman Pogue said that this will improve pedestrian access and if we decide not to proceed after the grant is obtained, we will only lose $7,910. 
Alderman Terbrock agreed and said that this would also be a safe pedestrian access to Ballwin Days for people who park at Olde Towne Plaza without using a shuttle bus.  He said this is definitely worth pursuing.  
Alderman Fleming said that it is not good to lose $7,910, however, he feels that the Board should proceed because this is for 2008.  The Comprehensive Plan discusses the possibility that this is a good project for the City.  He said the application must be submitted now to leave it open to addressing that portion of the Comprehensive Plan.  He said that he will vote in favor of pursuing this grant.  

A voice vote was taken
with a unanimous affirmative result and the motion passed.
Policy Manual Review:  City Administrator Kuntz presented the first three sections for review.
Alderman Pogue requested that on page 1-2 of the Policy Manual Draft, under Other Functions, Conferences and Events, that the last added paragraph be deleted “In order to attend…..”.  
A motion was made by Alderman Lembke and seconded by Alderman Pogue to accept Section 1 of the Policy Manual as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.
A motion was made by Alderman Pogue and seconded by Alderman Suozzi to accept Section 2 of the Policy Manual as recommended by staff.  A voice vote was taken with a unanimous affirmative result and the motion passed.
A motion was made by Alderman Pogue and seconded by Alderman Lembke to accept Section 3 of the Policy Manual as recommended by staff.  
Alderman Buermann asked about updating the Current Honorary Passes on page 3-2.  City Administrator Kuntz said the list automatically shrinks by virtue of death.  Alderman Buermann said that any sitting member of the Board is entitled to the privileges before the change.  If someone is on the Board for 10 years, there is an opportunity for an honorary pass.  This would delete the wives.  City Administrator Kuntz said this would become automatic, not subject to the eligibility of determination by the Board because this policy would precede this.  Ten years has not been taken away.  Alderman Buermann said that any member of the Board who will have ten years will be eligible.  
Alderman Pogue withdrew his motion to approve Section 3.  Alderman Lembke withdrew his second.
A motion was made by Alderman Fleming and seconded by Alderman Pogue to hold over Section 3 for further review and discussion.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Sewer Repairs affecting 2 properties:  City Administrator Kuntz said that the maximum amount allowed by ordinance per project has been reached.  He said there is a dispute with the adjacent property owner.  The benefiting property owner is whole, but the adjacent property owner believes that his property was negatively impacted.  The neighbor wants additional sections of sidewalk replaced which he alleges were damaged during the work.  It is estimated that the additional work will be approximately $1,173. 
City Administrator Kuntz said that the ordinance imposed cap has already been met, but he believes if the amount is exceeded, it should come out of the sewer lateral fund and not out of contingency.  
Alderman Buermann asked if the $1,173 expense is a public health and safety issue and should more appropriately be applied to sidewalk maintenance.  Alderman Suozzi said that in a previous discussion, the City Attorney and City Administrator both said that this cost should come from the Sewer Lateral fund.  She said the problem was generated by the issue with the sewer lateral repair and should come from that fund.  
Alderman Pogue said if we let it go as it is, we will be replacing the sidewalk in the future at a higher price.  He said it should come out of sidewalk maintenance because this is a safety issue.  If the repair is made now, it will come out of the sewer lateral fund.  If the repair is made later, it will come out of sidewalk maintenance.  He said that if this repair is postponed, it could become a liability to the city if someone trips on the damaged sidewalk.  
City Attorney Lucchesi said that previous discussion indicated that it was difficult to see how this could come out of the general fund.  He said that it should come out of the sewer lateral fund.  Alderman Suozzi said there is no way to predict the amount of funds that are going to be used in any year for sewer lateral repairs.  
Alderman Suozzi said that if the cost for this repair is taken from the general fund, the Board is setting a precedent for solving a problem that is connected to the sewer lateral fund repair.  She said that this is not similar to a tie wall or any other situation.  This is a safety issue and should be taken out of the sewer lateral fund.  If it cannot be taken out of the sewer lateral fund where it should come from, it should then come out of sidewalk maintenance.  
Alderman Lembke said that this is a one-time unique situation that has occurred and we don’t have a policy on this.  He does not think a precedent would be set by taking the money out of either fund.  He said there is not a trip problem at this time.
Alderman Robinson asked if there is a photograph of the sidewalk prior to the work being done.  Alderman Lembke said no.
A motion was made by Alderman Kerlagon and seconded by Alderman Lembke to fund the replacement of the two sections of sidewalk not to exceed $1,173.
Alderman Suozzi asked if City Attorney Lucchesi should explore where the funds should come from.  City Attorney Lucchesi said that State Statutes say that sidewalks are the responsibility of the property owners and not the city’s problem.  Alderman Lembke asked why city crews are making sidewalk repairs if this is not the responsibility of the city?  City Administrator Kuntz said that Ballwin does this because of public safety and interest.  This serves a public purpose.  He said that there is nothing illegal or improper about this.  It’s just being more generous than the law requires regarding sidewalks.  
Alderman Kerlagon withdrew his motion.  Alderman Lembke withdrew his second.
A motion was made by Alderman Lembke and seconded by Alderman Terbrock to provide funding not to exceed $1,173 to repair the sidewalk identified by the photographs, and that the money come from the sewer lateral fund.  A roll call vote was taken as follows:  Ayes:  Kerlagon, Lembke, Terbrock, Suozzi.  Nays:  Robinson, Pogue, Buermann, Fleming.  Mayor Young cast the tie breaking vote and voted Nay.  The motion failed by a vote of 5-4.  
A motion was made by Alderman Lembke and seconded by Alderman Terbrock to approve repair the sidewalk, not to exceed $1,173, in front of 461 Ballwood Drive, with the money coming from sidewalk maintenance.  
The motion was amended by Alderman Pogue as follows:   after being approved by staff as a public health and safety issue.  Alderman Lembke and Alderman Terbrock accepted the amendment.
Revised motion:  to approve replacement of the sidewalk to an amount not to exceed $1,173 upon the agreement by staff that the section of sidewalk is a public health and safety issue and needs to be replaced.  A voice vote was taken with 7 Ayes, and Alderman Suozzi voting Nay.  The motion passed by a vote of 7-1. 
CITY ATTORNEY’S REPORT
None.
ALDERMANIC COMMENTS
Trash Collection:  Alderman Robinson said that residential construction waste materials are not being picked up in Ward 3 as Allied Representative Tony Lamantia said that it would.  He said that there is not a blanket restriction in the contract on this.  Alderman Fleming agreed that Mr. Lamantia had stated that these materials would be picked up as long as this was not done on a regular basis by a contractor.  He asked that City Administrator Kuntz address this with Allied Waste.  
Alderman Robinson said that Allied Waste sent out a flyer, with the appearance of Ballwin’s approval, stating that residential construction waste materials would not be picked up.  He said that this is false and Allied should send out another flyer making the correction.  
Mayor Young said that he has noticed that boxes are not being picked up.  He said that Mr. Lamantia did not state that the boxes must be broken down flat.  Alderman Terbrock agreed and said that he questioned one of the driver’s about this and the response was that the truck was not large enough to carry boxes that are not broken down.  Mayor Young said that Code Enforcement Supervisor Jerry Klein called Allied Waste about this and was told the same thing.  
Alderman Lembke said that Mr. Lamantia had stated that they would be using the standard trucks for recycling that had compacting capability.  He suggested putting a sign on the trucks indicating that this is a truck for recycling pickup, otherwise residents would think that all of their recycling items are going into the trash.  He said that Mr. Lamantia agreed. 
Alderman Buermann suggested having Mr. Lamantia attend the next Board meeting to answer questions.  Alderman Robinson suggested sending a letter to Mr. Lamantia requesting a second mailing to the residents with the corrections.  He said he wants to see these things corrected immediately.  If Allied does not want to do this, Alderman Robinson said he will present a motion to terminate the contract.
Vlasis Park Grant:  Alderman Pogue said that the Parks Department secured a grant in excess of $228,000 to complete the final phase of Vlasis Park.  He congratulated Director of Parks and Recreation Linda Bruer.
Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Lembke to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:14 p.m.
Walter S. Young, Mayor
ATTEST:
Robert A. Kuntz, City Administrator
MC