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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 Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN
300 Park Drive

Minutes of the June 26, 2006 Board of Aldermen Meeting
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 June 12, 2006 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Buermann 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.
RECOGNITION
Mayor Young commended Adam Miller with Boy Scout Troop 387.  Adam is working toward the Life Star Rank. 
CITIZEN COMMENTS
Jim Keefe, 924 Dutch Mill:  Mr. Keefe asked how much is the city budget for street repairs in 2006.  City Administrator Kuntz said that there are maintenance expenses in the operating budget.  He said there is also a capital expenditure of about $1 million for street improvements.  Mr. Keefe said that the Public Opinion Poll indicated that 61% of the residents believe that the Ballwin streets should be a higher priority for maintenance.  He said this should be a higher priority for the city.  Alderman Lembke explained that the street conditions are rated, repaired and maintained according to plan.  He said that due to the oil price increases, expenditures for streets are increasing at a greater rate than are revenues.  He said if more money is to be applied to streets, what other services should be discontinued?  Mr. Keefe asked that the Board focus combined attention on the issue of streets. 
Alderman Buermann said that in Ballwin, four businesses have recently closed that have cost the city $77,000 in revenue.  The budget is met on a year to year basis, but there is a perception problem among the residents because there is not property tax paid by the citizens of Ballwin.  He said that petroleum is driving the cost of everything upward.  The residents are urged to purchase in Ballwin and let the merchants know that they are appreciated.  He said there is competition with Gravois Bluffs and Chesterfield Valley for tax revenues.  Mr. Keefe said that the city will be obliged to look at the consolidation of services with surrounding cities.  Mayor Young said that this is being done as much as possible at this time.  He said that other cities are having the same problems, but there is not always a willingness to do this.  Possible acquisition of new businesses is being pursued.
Richard Brewer, 103 Meadowbrook Country Club Estates:  Mr. Brewer spoke to the Board about retaining walls.  In the past, rights-of-way were dedicated to the City of Ballwin, and the dedications included retaining walls.  He said that at no time in the last 30 years has wall maintenance ever been the responsibility of individual home owners who live in close proximity.  The retaining wall in question in Meadowbrook Country Club Estates Subdivision bounds multiple properties.  He said they didn’t ask for the wall and the maintenance should not be directed at the individual home owners.  This should be maintained in a consistent manner by developers and subdivisions, or the City.  He said that developers could be prevented from building retaining walls within rights-of-way.  Mr. Brewer said that when future streets are dedicated to the city, such dedications should exclude retaining walls which should be kept as the responsibility of the subdivision.  He said this is unfortunate for his subdivision because the dedication already occurred and the city has accepted responsibility for the walls.  City Attorney Lucchesi said that the city does not agree with that position. 
Mayor Young suggested that City Engineer Kramer, City Administrator Kuntz, and the aldermen talked with the affected homeowners because there may be other means to resolve this problem without a new wall. 
Paul Morgan, 73 Meadowbrook Country Club Drive, Trustee:  Mr. Morgan said he is opposed to the proposed law regarding retaining walls in rights-of ways.  He also asked if there will be enough revenue generated to provide services for additional residents from an annexation.  Mayor Young said that the map that was produced was for the Boundary Commission requirements that had to be met by July 1.  The Board has not taken a position on the future possible annexation shown on the approved map. 
Richard Sellenrick, 327 Ries Bend Rd.:  Mr. Sellenrick asked about the status of the Timbers at Ries Bend Subdivision.  Alderman Terbrock said that the Planning & Zoning Commission gave a favorable recommendation. 
Shawn Taylor, 619 Dennison Dr.:  Mr. Taylor is opposed to the parking lot that Holy Infant wants to construct.  He said that if the parking lot is approved, he requested that a solid 6-foot privacy fence be erected.  There would be approximately 8 or 9 feet between the pine trees that are proposed for the property line.  He said that this is not adequate screening for the property owners.   He said that the retention basin should be built so that there is no breeding ground for mosquitoes and it can drain completely.  He said the intent of the proposed parking lot is to eliminate street parking.  The new parking lot will not solve this issue during certain events.  He asked that during regular Sunday services or events during the week, that street parking be reserved only for residents of the community. 
Alderman Buermann said that the Planning & Zoning Commission made it a requirement that a fence be constructed.  It will take a simple majority of this Board to override the Planning & Zoning Commission requirement. 
Steve Moehlenkamp, 247 Dennison Dr.:  Mr. Moehlenkamp spoke in opposition to the Holy Infant parking lot construction.  He said that there are 8 – 10 trees that will be completely taken out if the project is approved.  The greenery will be replaced with blacktop.  He asked if there are runoff problems or sewer backups, who do the residents contact for property repair?  Holy Infant has admitted that they do not currently fully utilize their existing parking lot.  He said people will still be parking on the street.  He suggested that in order to move traffic faster in and out of the parking lots, that St. Louis County Police could direct traffic, as they do for St. John’s Lutheran Church.  Mr. Moehlenkamp said that an independent unofficial survey was conducted asking if the parking was put in, would they use it.  The people questioned said they would not use it because it is an inconvenience to sit waiting in a parking lot.  They like parking on the street to be on the roadway faster.  He requested that a privacy fence be put up so that he does not have to look at asphalt from his back door.  He said a street light will be put in the parking lot with a shield and a timer that will turn off at 10:00 p.m.  If there is a light problem in his daughter’s bedroom, who should he turn to for help?  He asked that the Board to consider his concerns before voting on this issue. 
Fr. Tom Dempsey, Holy Infant Church Pastor:  Fr. Dempsey said that the proposal for a parking lot is directly across from the church rectory at the corner of Nancy and Dennison.  He said that the parking lot is needed to provide parking for all of the activities held at the church simultaneously.  Some of the church/school traffic problems on New Ballwin Road can be relieved by using the new parking lot area.  Parking on the street will be less.  More handicap parking will be available.  He said that people will use the new parking lot.  Any additional building construction at Holy Infant would take place north of the north parking lot.  The inclusion of a privacy fence was done at the neighbors’ requests.  If there must be a fence, he requested a variance from the 80% vegetation screen.  The privacy fence would provide 100% visual screen.  Vegetation would still be provided, however, it would be only decorative. 
PUBLIC HEARINGS
Community Development Block Grant:  Assistant City Administrator Aiken presented the annual Community Development Block Grant criteria.  The attendance sheet was submitted for signatures of those present.  The federal money that is provided comes through St. Louis County to the City and is awarded on the basis of a formula that takes into consideration population and economic status of the community.  He said that Ballwin only appears to qualify under the category of rehabilitation and preservation activities.  This is where Ballwin has been expending community block grant funds for the last 5 or 6 years.  This is a low interest loan program available to individuals to make repairs to their home.  They have to meet the income qualification standards.  The limitation is $10,000 per applicant.  Everyone typically gets the full amount.  With $40,900 per year, we are able to accommodate only four residents annually.  He recommended that the Board authorize the expenditure under the rehabilitation and preservation activities program. 
Mayor Young asked if anyone would like to speak in favor of the Community Development Block Grant.  There were none.  He asked if anyone would like to speak in opposition to the grant.  There were none.  The Public Hearing was closed.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann to approve the proposed spending plan for the Community Development Block Grant.  A voice vote was taken with a unanimous affirmative result and the motion passed.
NEW BUSINESS
LEGISLATION
BILL # 3428 - AN ORDINANCE AMENDING CHAPTER 7 and CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN TO PROVIDE FOR CERTAIN USER FEES TO DEFER ADMINISTRATED COSTS IN SPECIFIC SITUATIONS.
A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3428.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3428 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. 3428.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3428 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3428 with the following results: 
Ayes – Fleming, Pogue, Lembke, Buermann, Kerlagon, Robinson, Suozzi, Terbrock.    Nays – None.  Whereupon Mayor Young declared Bill No. 3428 approved and it became Ordinance No. 06-39.
BILL # 3429 - AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN DEALING WITH AUCTIONS AND ESTATE SALES.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3429.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3429 was read for the first time.
A motion was made by Alderman Buermann and seconded by Alderman Terbrock for a second reading of Bill No. 3429.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3429 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3429 with the following results: 
Ayes – Robinson, Kerlagon, Lembke, Pogue, Suozzi, Terbrock, Buermann, Fleming.    Nays – None.  Whereupon Mayor Young declared Bill No. 3429 approved and it became Ordinance No. 06-40.
BILL # 3430 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO PACE-CENTRAL ASSOCIATES FOR FRONT YARD PARKING AND DRIVE THROUGH FACILITY.
Alderman Buermann abstained from discussion and voting on this issue due to his property abutting the back of the site involved in this petition. 
A motion was made by Alderman Robinson and seconded by Alderman Pogue for a first reading of Bill No. 3430.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3430 was read for the first time.
A motion was made by Alderman Lembke and seconded by Alderman Robinson for a second reading of Bill No. 3430.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3430 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3430 with the following results: 
Ayes – Kerlagon, Suozzi, Pogue, Lembke, Terbrock, Fleming, Robinson.    Nays – None.  Alderman Buermann abstained.  Whereupon Mayor Young declared Bill No. 3430 approved and it became Ordinance No. 06-41.
BILL # 3431 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR WALGREENS AT CENTRAL PLAZA, AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.
Alderman Buermann abstained from discussion and voting on this issue due to his property abutting the back of the site involved in this petition.
A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a first reading of Bill No. 3431.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3431 was read for the first time.
A motion was made by Alderman Kerlagon and seconded by Alderman Lembke for a second reading of Bill No. 3431.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3431 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3431 with the following results: 
Ayes – Fleming, Pogue, Robinson, Terbrock, Lembke, Suozzi, Kerlagon.    Nays – None.  Alderman Buermann abstained.  Whereupon Mayor Young declared Bill No. 3431 approved and it became Ordinance No. 06-42.
BILL # 3432 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO HOLY INFANT CHURCH FOR FRONT YARD PARKING.
A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a first reading of Bill No. 3432.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3432 was read for the first time.
Alderman Kerlagon asked if the residents can be assured that their concerns will be addressed if this project is approved.  The residents are requesting a privacy fence.  Alderman Lembke said that a 6-foot fence would provide immediate screening and be somewhat permanent.  He said that vegetation will provide additional screening and noise control.  He said he would be in favor of reducing the 80% vegetation if it were more than ornamental.  City Attorney Lucchesi said that if the reason for the parking lot is primarily related to church activities, what is currently proposed is adequate. 
Alderman Suozzi asked if the detention basin is adequate.  City Engineer Kramer said that MSD will have to approve it, and this has not yet been reviewed by MSD.  Alderman Suozzi asked that the crosswalk between the parking lot and the church property be made very visible.  She asked the Board to consider restricting on-street parking. 
Alderman Fleming asked for information regarding point #6 and #15 in the exhibit.  Assistant City Administrator Aiken said that the staff report does not contain a recommendation for the fence.  This was presented by the Planning & Zoning Commission.  City Attorney Lucchesi said that the issue is if there is anything in the ordinance that requires a privacy fence.  He said that his recollection of the ordinance is that this is not a requirement of the codified ordinance.  If the church is willing to voluntarily provide the fence, this will be acceptable, but there is no fence requirement that the City can impose on the church  If they have complied with all of the requirements in the ordinances, that’s all that they have to do, and the city cannot add additional requirements to this Special Use Exception. 
A motion was made by Alderman Robinson and seconded by Alderman Fleming to adjourn to closed session, according to the Missouri statutes for the purpose of discussing the potential litigation aspect of this issue.  A roll call vote was taken with the following results:  Ayes:  Aldermen Pogue, Kerlagon, Suozzi, Robinson, Buermann, Terbrock, Fleming, Lembke.   Nays:  None.  The motion passed to adjourn to closed session at 8:44 p.m.
The Board convened in closed session at 8:45 p.m.
The Board adjourned the closed session at 8:59 p.m.
A roll call vote was taken to adjourn the closed session at 8:59 p.m. with the following results:  Ayes:  Lembke, Pogue, Robinson, Buermann, Fleming, Suozzi, Terbrock, Kerlagon. 
The Board reconvened in open session at 9:00 p.m.
City Attorney Lucchesi said that he informed the Board that if the church complies with the ordinances, as written, the city cannot make special requirements for the purposes of an application that has to do with the church.  The necessity of the parking lot is for the functioning as a church.  On that basis, once the church complies with the ordinances of the city, other restrictions cannot be imposed.  The ordinance, as drafted, contains the most of what the city can do at this time. 
A motion was made by Alderman Pogue and seconded by Alderman Robinson for a second reading of Bill No. 3432.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3432 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3432 with the following results: 
Ayes – Fleming, Pogue, Lembke, Buermann, Robinson, Suozzi, Terbrock, Kerlagon.    Nays – None.  Whereupon Mayor Young declared Bill No. 3432 approved and it became Ordinance No. 06-43.
BILL # 3433 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION CONSOLIDATION PLAT FOR HOLY INFANT CHURCH AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.
A motion was made by Alderman Robinson and seconded by Alderman Pogue for a first reading of Bill No. 3433.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3433 was read for the first time.
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3433.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3433 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3433 with the following results: 
Ayes – Robinson, Kerlagon, Lembke, Pogue, Terbrock, Suozzi, Buermann, Fleming.    Nays – None.  Whereupon Mayor Young declared Bill No. 3433 approved and it became Ordinance No. 06-44.
BILL # 3434 - AN ORDINANCE AMENDING ORDINANCE NO. 557, KNOWN AS "THE ZONING ORDINANCE" OF THE CITY OF BALLWIN, AND AMENDING "THE DISTRICT MAP" BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN LAND IN THE CITY OF BALLWIN FROM R-1 SINGLE FAMILY DWELLING DISTRICT TO R-2 AND/OR R3 SINGLE FAMILY DWELLING DISTRICT.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3434.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3434 was read for the first time.
A motion was made by Alderman Buermann and seconded by Alderman Robinson for a second reading of Bill No. 3434.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3434 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3434 with the following results: 
Ayes – Kerlagon, Robinson, Pogue, Lembke, Terbrock, Fleming, Buermann, Suozzi.    Nays – None.  Whereupon Mayor Young declared Bill No. 3434 approved and it became Ordinance No. 06-45.
BILL # 3435 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR THE TIMBERS AT RIES BEND SUBDIVISION, AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3435.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3435 was read for the first time.
Alderman Pogue said that in the previous submitted plan for this subdivision, the sewer connection was going to be into the Dickens Trace Subdivision.  On the newest plan, the connection will be made into the David Harrison Subdivision.  He asked for the reason for the change.  Mark Huber, Engineer representing the developer, said that after research with MSD, they realized that the original plan was not going to be possible from an engineering perspective.  With the new plan, only one property will be disturbed.
Alderman Pogue asked if the developer would be willing to allow a one-time $2,500 allowance to the Trustees of Coco Tara Subdivision to ease erosion problems due to the increased runoff caused by this development.  Mr. Matt Belcher, the developer, agreed to do this.
A motion was made by Alderman Pogue and seconded by Alderman Lembke to amend Bill # 3435 for the developer to include a one-time $2,500 allowance for the Trustees of Coco Tara to ease erosion problems due to the increased runoff.  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 for a second reading of Bill No. 3435 as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3435 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3435 with the following results: 
Ayes – Lembke, Pogue, Robinson, Buermann, Fleming, Suozzi, Terbrock, Kerlagon.    Nays – None.  Whereupon Mayor Young declared Bill No. 3435 approved and it became Ordinance No. 06-46.
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 Bed and Plow
B.
 
Alderman Fleming said that there was $36,175.80 remaining in the budget for this item.  Five bids were received, and the low bid was $33,328.00. 
A motion was made by Alderman Fleming and seconded by Alderman Lembke to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.
MAYOR’S REPORT
Liquor Licenses:  A motion was made by Alderman Buermann and seconded by Alderman Lembke to approve the submitted Liquor License renewals for the businesses that have applied as of this date.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Appointments:  Mayor Young recommended the reappointment of Board of Adjustment Alternate Pat Apel and regular member Jean Shaw.  Alderman Robinson asked that these reappointments be postponed to the next meeting due to various requests by individuals who want to serve on this Board.  The Board approved the request. 
Alderman Pogue recommended the appointment of Pat Buehrle from David Harrison Subdivision, to fill the vacant position on the Planning & Zoning Commission.  A motion was made by Alderman Suozzi and seconded by Alderman Lembke to accept this appointment.  A voice vote was taken with a unanimous affirmative result and the motion passed. 
Olde Towne Plaza Special Use Exception Transfer:  A motion was made by Alderman Robinson and seconded by Alderman Lembke to transfer the Special Use Exception for front yard parking to Olde Towne Improvements LLC.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Comprehensive Planning Steering Committee Meeting:  Mayor Young asked the Board to sign the letter inviting the Ballwin businesses to attend the July 17 meeting, which will be held at the Golf Clubhouse on Holloway Road, and will feature a presentation by Economic Development consultant Bob Gibbs.  The Board will also personally contact as many businesses as possible to invite them to attend this meeting. 
CITY ADMINISTRATOR’S REPORT
Refuse Collection:  City Administrator Kuntz said that he received the proposal from Allied Waste.  The decision needs to be made to accept the proposal or solicit bids.  The proposal provides a series of one year options that are capped and pre-negotiated in terms of where the rates can be out as long as 5 years.  After two years, if the Board decides to move to the automated service, Allied should be requested to provide carts, free of charge, of a manageable size, instead of bins, for the curbside recycling.  The cap would be the cpi, no more than 4% for the fuel adjusted increase.  Each year, another determination would be made to either go with another year or go out for bid.  The proposed rate structure is for once a week pickup.  Twice a week is offered, however, at a much higher price.  A public relations campaign will be necessary prior to the effective date for the new contract.  He said that the new rate will be $17.01.  Mr. Lamantia said that there is a 30-day out clause throughout the whole contract. 
Mr. Lamantia explained that for twice a week pickup, the driver will not be picking up everyone’s trash.  He will have to go to specific addresses for this service, therefore, the price for twice a week pickup will be doubled.  He said it is not economically feasible to come back to Ballwin to make only a few pickups. 
The goal is to get the city on the automation format.  This will keep the cost down in the future.  To do this, it is necessary to eliminate the twice a week pickup schedule. 
Alderman Suozzi said that twice a week pickup puts more wear and tear in the city streets by the large trash trucks.  Alderman Robinson said that a lot of people in Ward 3 want twice a week pickup.  Mr. Lamantia said that they can have it if they want to pay the price for it.  He said that $17.01 is a low price.  To keep the price low, the second pickup has to be priced a lot more to accommodate what is being lost on the first pickup.  He said that at this time, 60% of Ballwin gets twice a week pickup because the price is so low.  If the city went out to bid right now for twice a week, there would not be another company that would bid on twice a week, or the bid would be very high.  He said that no one is doing twice a week service anymore.  If people are recycling properly, they do not need twice a week pickup because there is less trash.
Alderman Buermann said that recycling in Ballwin has been increased by 66% with the recycling grant.  Allied said that it will pursue a grant to get the 65 gallon plastic containers with wheels to start the automated process.  There is a 56¢ monthly charge for leaf pickup.  With the track record of Allied Waste and if they will help with the recycling grant, he does not have a problem with more recycling and getting the trucks off the streets. 
Alderman Fleming asked if Mr. Lamantia would be willing to not apply the 4% cpi cap to the twice a week or to apply a reduced rate to that.  City Administrator Kuntz said that this is an extension for one year and at the time of the second year, Ballwin can review the numbers.  This proposal sets a predetermined ceiling that cannot be exceeded.  It does not prohibit a lower increase or a possible review of the contract.
A motion was made by Alderman Buermann and seconded by Alderman Lembke to draft legislation to accept the extension at the prescribed rate of $17.01 with an extension of one year to be reviewed next year, with Allied Waste attempting to get the recycling grant to start toward an automated system in the future.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Retaining Walls:  City Administrator Kuntz said that there are at least 5 old railroad tie retaining walls in the public right-of-way throughout the city.  These walls are deteriorating and will be very expensive to repair  The City Attorney has advised that the city cannot participate with or reimburse the subdivision trustees for the work as a municipality because it would circumvent the prevailing wage and other requirements of state law.  There are no funds in this year’s budget to replace any of these walls.  What happens with the Meadowbrook wall will be multiplied by five in the future.  There is potential cost of about $250,000 for all of these walls.  There isn’t an eminent threat of public safety, but there is a deteriorating condition that makes it a code violation.  He recommended that this issue be carried over to the next meeting. 
A motion was made by Alderman Robinson and seconded by Alderman Terbrock to carry over discussion on this issue to the next meeting.  A voice vote was taken with 7 Ayes, and Alderman Fleming voting Nay.  The motion passed.
Selection Process for Municipal Judge:  City Administrator Kuntz said that 10 questions have been selected for the interview process.  The Board agreed to conduct the interviews starting at 3:00 p.m. on Friday, August 4, and at 8:00 a.m. on Saturday, August 5. 
CITY ATTORNEY’S REPORT
None.
ALDERMANIC COMMENTS
Due to conflicting schedules A motion was made by Alderman Pogue and seconded by Alderman Terbrock to cancel the July 24 Board of Aldermen meeting.  A voice vote was taken with a 7 Ayes, and one Nay vote.  The motion passed.
A motion was made by Alderman Fleming and seconded by Alderman Buermann to cancel the July 24 Finance & Administration Committee meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Alderman Kerlagon asked about the chip and seal process for street upgrades.  City Administrator Kuntz said that it depends on the street.  It’s not applicable for every condition or type of roadway pavement. 
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 10:09 p.m.
Walter S. Young, Mayor
ATTEST:
Robert A. Kuntz, City Administrator
MC