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

M E E T I N G  N O T I C E

Finance & Administration Committee

The Finance & Administration Committee of the Ballwin Board of Aldermen will meet on Monday, February 28, 2005 at 6:00 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 potential revenue enhancements and cost reduction measures.  No formal action is expected.


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
February 28, 2005

 

The meeting was called to order by Mayor Jones at 7:00 p.m.
PRESENT
ABSENT
Mayor Robert E. Jones
 Alderman Charles Gatton
Alderman Press McDowell
 
Alderman Tim Pogue
 
Alderman Kenneth W. Buermann
 
Alderman Jane Suozzi
 
Alderman James Robinson
 
Alderman Frank Fleming
 
Alderman Ray Lembke
 
City Administrator Robert Kuntz
 
City Attorney Lionel Lucchesi
 
The Pledge of Allegiance was given.
The Minutes of the February 14, 2005 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 was declared passed.
CITIZEN COMMENTS
Alan Clayton, First Missionary Baptist Church of Ballwin:  Mr. Clayton said that he is concerned about the closed day care center.  He said that it was illegally closed by former members of the church who determined that they had the authority to do this with the assistance of the Ballwin Police Department.  The congregation did not want the day care center closed.  He asked what does the City of Ballwin have to do with the day care center being closed.  Mr. Clayton said there are political candidate signs on the day care property supporting one candidate for Mayor.  He said that under Sec. 501-3C, churches cannot endorse a candidate.  The signs were put up without church permission and support.  The church membership wants the signs removed immediately.  Mayor Jones said the City has nothing to do with signs on this private property.  Mr. Clayton said that he should be free to remove the signs.  Mayor Jones said that if he has the authority regarding that property, he should do as he sees fit.  Alderman McDowell said that if the signs are removed without just cause then just actions will take place.  Mr. Clayton said the signs will be removed.  He said it is against the law to put up signs supporting a candidate without approval. 
Paul Morgan, Meadowbrook Estates Subdivision Trustee:  Mr. Morgan challenged the schedule of the street improvement work.  He believes that the wrong streets are being rebuilt.  He said he has serious doubt about the firm, KMS, that the City has hired to do the survey.  According to the survey, the streets are improving, but they are not.  Mayor Jones said that the PCI rating is a tool to help determine which streets to improve.  This is not necessarily determined solely on the strength of the rankings.  The consultant has said that we should budget for the lowest, moderate, and highest ranked streets.  Alderman Robinson said that the amount of money spent on  these repairs does not appear on the analysis.  Mr. Morgan questioned the services of KMS and what the numbers actually are.  Alderman Lembke said if all of the money was spent on the worst roads, the other roads would deteriorate and we would never catch up.  He said if any extra money became available, this Board is committed to putting the money toward streets.  Mr. Morgan asked if the streets need to be broken down into more segments to get a truer reading of the overall street conditions.  
Frank Gelling, Meadowbrook Estates Subdivision:  Mr. Gelling thanked Alderman Fleming for coming to the Meadowrbrook group meeting last month.  He said he agrees that the streets are in poor condition.  Mr. Gelling said that the Clean Air Act is going to cost the City money.  He said there are air filtration systems that would accomplish the same thing as the no smoking law.  This ordinance will cause a loss of business and tax base revenue. 
OLD BUSINESS
None.
PUBLIC HEARINGS
None.
NEW BUSINESS
LEGISLATION
BILL # 3340 - AN ORDINANCE AMENDING CHAPTER 7, ARTICLE X, ENTITLED “TEMPORARY STORAGE CONTAINER PERMIT” BY THE ADDITION OF A NEW SECTION 7-314 ENTITLED “STORAGE CONTAINERS IN RESIDENTIAL ZONING DISTRICTS”, AND AMENDING CHAPTER 23, ARTICLE III, BY THE ADDITION OF A NEW SECTION 23-61 ENTITLED “ROLL-OFF TRASH CONTAINERS IN RESIDENTIAL ZONING DISTRICTS.”
A motion was made by Alderman Lembke and seconded by Alderman Robinson for a first reading of Bill No. 3340.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3340 was read for the first time.
A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3340.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3340 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3340 with the following results:  Ayes – Buermann, Robinson, Lembke, Suozzi, McDowell, Fleming, Pogue.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3340 approved and it became Ordinance No. 05-09.
BILL # 3341 - 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-3 SINGLE FAMILY DWELLING DISTRICT.
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3341.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3341 was read for the first time.
Mayor Jones said that this item was on the Planning & Zoning Commission Agenda on February 7, 2005.  The Commission members present voted unanimously to approve this petition.  Mayor Jones asked if there is any discussion.
Alderman Pogue asked if the results are in from MSD.  Jeff Thomas, representing Majestic Development Company said that MSD wants the sewer connections to go between Lots 23 and 24 of Dicken’s Farm.  Majestic Homes will post a bond to cover the restoration of the private property.  The recommended plan calls for an additional 280 feet of sewer line.  Alderman McDowell said he is concerned that this was originally a 2-lot development under the current zoning.  There is no justification in his mind for the change.  Mayor Jones said the Planning & Zoning Commission recommendation was to make the sewer connection at Lot 1 near the cul-de-sac, as opposed to two separate connections.  Mr. Thomas said that until the improvement plans are submitted, which is not done at this stage of the project, there isn’t anything more definitive that can be obtained from MSD. 
Alderman Pogue said that Mr. Thomas had previously agreed to make the connection at the corner rather than the one between Lots 23 and 24 and hold to the 15-foot no-grade zone.  Mr. Thomas said he does not recall agreeing to make such a connection because this is the final time that this plan has been considered.  Mayor Jones said that the Planning & Zoning Commission made its favorable recommendation with the understanding that the 15-foot no-grade zone would be honored and that the connection would be in Lot 1 at the cul-de-sac.  There wouldn’t be two connections.  Mayor Jones said the Board will take action on the Bill that is presented, and it is up to the developer to negotiate with MSD. 
Alderman McDowell said when a subdivision plan for this property was initially submitted to the Board, it was submitted by the individual who owned the property at that time, and in a way that maximized the economic development of the parcel.  He is concerned about chopping up parcels of land to be given off to the highest bidder or developer for those purposes.  He said the land in its current configuration can be suitable for the purpose that it is right now.  The current land owner’s sole purpose for splitting up the land is for an economic advantage.  Mayor Jones said that we should not penalize this developer because the land around him has changed historically.  Jeanie Aumiller said that everything surrounding this property has changed to R-3.  Alderman Suozzi said that the whole north side is R-2.  She asked if the only issue needing the R-3 zoning is Lot 3 because of the width of the lot.  Assistant City Administrator Aiken this parcel does not have enough frontage on Ries Bend to allow two lots in the R-2 district.  The R-3 zoning allows slightly narrower lots.  No lot in the proposed subdivision is smaller than what would be required in R-2 zoning.  Mayor Jones said that the size of the lots is consistent with surrounding developments. 
Alderman McDowell said that the burden is upon the developer to show justification why the zoning should be changed.  The economic advantage is not a contributing factor.  From a zoning perspective, can a development take place on the current lot as it exists.  The lot can be split into two parcels and suffice.  Ms. Aumiller said that the zoning standard is whether the current zoning is reasonable in light of the surrounding development.  She said that they are requesting zoning that is similar to the surrounding area. 
Alderman Pogue said that a report from MSD was requested to know if the storm water system is adequate to take on the additional runoff from this development, as well as the Tall Timbers development.  Mr. Thomas said that according to the engineer and notes on the Dicken’s Farm record plat, it would be sufficient.  Alderman Pogue said he is not referring to the detention area as much as to the runoff going off onto Ries Bend.  There is a problem with that storm system already.  It dumps behind another subdivision which is already having significant problems during a heavy rainfall.  Mr. Thomas said that he is required to do hydraulic calculations when that time comes to demonstrate if the sewers can handle the additional runoff.  Wayne Gotchral, Metron Surveying Company, said that MSD will not comment on this issue until the improvement plans are submitted to them.  Alderman Pogue said that in his opinion changing the zoning could adversely affect some of the surrounding subdivisions because of the additional storm water runoff that the system is not capable of taking.  Mr. Thomas said that if the system does not accept the storm water, he will have to create the environment so that it will. 
Alderman Pogue raised the question of the rezoning adversely affecting the value of surrounding properties.  What will the larger storm water runoff do to some of the properties that are already having problems with additional runoff?  Mr. Thomas said that the entire differential runoff is 1.05 cubic feet per second.  MSD’s criteria is if there is more than 2 CFS total runoff, then detention must be provided.  Alderman Pogue said that this subdivision falls beneath this threshold.  There may be another subdivision shortly that also falls underneath the threshold, and the total combined runoff may have an adverse affect on the surrounding area. 
Mayor Jones said that the Board should not assume an adverse impact.  He said the Planning & Zoning Commission didn’t assume an adverse impact.  Alderman McDowell said it would be naïve not to look that far into the future.  Alderman Pogue said that as an individual development, they do not.  He said he is looking into the future and possible future developments along Ries Bend.  There is already a problem.  Planning & Zoning had pictures showing some of the effects this is having.  Ms. Aumiller said it is not the proposed development that has caused these problems.  Alderman Pogue agreed and said that the new development will add to the problem.  He said he will do all he can to protect the subdivisions that are downstream. Mayor Jones said that if they cannot demonstrate the ability of the existing system to accept any additional runoff, they will not get MSD approval. 
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3341.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3341 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3341 with the following results:  Ayes –Suozzi, Lembke, Buermann, Robinson, Fleming.    Nays – McDowell, Pogue.  Whereupon Mayor Jones declared Bill No. 3341 approved by a vote of 5-2 and it became Ordinance No. 05-10.
BILL # 3342 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR DICKENS TRACE SUBDIVISION, AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.
A motion was made by Alderman Lembke and seconded by Alderman Fleming for a first reading of Bill No. 3342.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3342 was read for the first time.
Mayor Jones said that this was Subdivision Petition 04-7 and it was considered at the Planning & Zoning Commission meeting on February 7, 2005.  The commission members present voted unanimously to approve the petition, subject to compliance with the staff review and comments, including preservation of a 15-foot no-grade zone, and that the lots comply with the provisions of the Dicken’s Farm indentures, the neighboring subdivision.  While storm water detention may not be required, that evidence be provided that the existing storm water system is adequate to accept the storm water disposal and that the sanitary sewer connection would be at the east end of the development near the cul-de-sac at Dicken’s Farm Lane. 
Alderman McDowell said it is the responsibility of the petitioner to present satisfactory information to the Board.  The first level is convincing the Aldermen that it does fit the criteria.  Mayor Jones said that until improvement plans are submitted, we won’t have an answer to some of the questions.
Alderman Lembke asked when we look at MSD’s standards and our standards, is there a possibility that we could be in a situation where this project meets MSD standards and our runoff water standards and still put the surrounding area in an increased burden.  Assistant City Administrator Aiken stated that MSD will typically review for compliance with its own standards.  If Ballwin imposes a higher standard, it will review for compliance with its standards.  All development increases runoff.  All detention does is keep the peak flow at or below the predevelopment flow.  It does this by extending the period of the maximum flow.  There will always be more water flowing in the creek.
Alderman McDowell said there is an existing water runoff situation downstream.  He said that calls about this are received by the Ward 1 aldermen.  It may not make any difference for someone living on the other side of Ballwin, but it is an important issue for someone living in this subdivision who has an issue with excess water runoff on their property.  He said that calls about this are not going to go to other Aldermen on this Board. 
Alderman Lembke said that if a system is already experiencing an existing problem, any additional runoff will add to that problem.  He asked if this can be stopped or does the Board have to let it go through.  Assistant City Administrator Aiken said that all development causes an increase in runoff.  Standards to limit this negative impact have been developed and improved over the years.  The only way to eliminate increased runoff is to prohibit development.  Given the law and previous practice, this is difficult to do.
City Attorney Lucchesi said that the ordinance states that MSD won’t approve the storm sewer until they receive the final development plans for their review.  Alderman Lembke said that if MSD wants to turn their back on the fact that there is already an existing problem and that any additional storm water runoff is going to increase the problem, and they go ahead and approve it, how does the Board help the people who are impacted by this?  Assistant City Administrator Aiken said that the Board does not have to waive detention.  The ordinance requires detention from the first inspection.  Waiving this requirement is the special case.
Alderman Lembke said that if this bill is passed tonight, and MSD comes back and approves it, we can’t go back to them and say we need to have detention because we are not going to take the chance of adding to these people’s problem.  Mayor Jones said that if the Board decides that Bill # 3342 is unacceptable to this Board, defeat it.  It will either come back as a different configuration or it dies.  Alderman McDowell said that this Board can recommend that detention be in place.  Alderman Robinson asked why do this now.  Alderman McDowell said why not now.  City Attorney Lucchesi said that we don’t have the final plans, or what the water runoff is.  A calculation has not been done on the final plans.  Alderman Robinson said that the Board cannot make them incur expenses and do work without a reasonable basis for it.  He said there is no reasonable basis at this time to require detention.  Alderman McDowell said that the calculations will show the impact on the total flow in the downstream creek. 
A motion was made by Alderman McDowell and seconded by Alderman Pogue hold Bill # 3342 to have the calculations of the total water runoff before a decision is made.  The Board discussed the best way to end discussion and hold the bill until the storm water information is provided.  Aldermen McDowell and Pogue then withdrew their motions. 
A motion was made by Alderman Lembke and seconded by Alderman Fleming for a second reading of Bill No. 3342.  A voice vote was taken with a result or 6 yes votes and Alderman McDowell voting Nay.  Bill # 3342 was tabled until the next meeting or the requested storm water information is provided. 
BILL # 3343 - 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-3 SINGLE FAMILY DWELLING DISTRICT.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3343.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3343 was read for the first time.
Mayor Jones said this matter was considered by the Planning & Zoning Commission on February 7, 2005.  The members present voted unanimously to recommend approval of the zoning change. 
Alderman Pogue said the same problems exist with this issue as with Dicken’s Trace, even on a greater scale because the runoff is 1.8 CFS.  Alderman McDowell said that he wants the developer to provide the same information as previously discussed regarding the Dicken’s Trace Subdivision proposal.
A motion was made by Alderman Robinson and seconded by Alderman Lembke for a second reading of Bill No. 3343.  A voice vote was taken with a result of 5 yes votes and Aldermen McDowell and Pogue voting Nay.  Bill No. 3343 will be held over as “Old Business” for the March 14 Board meeting.
BILL # 3344 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR TALL TIMBERS SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.
A motion was made by Alderman Robinson and seconded by Alderman Lembke for a first reading of Bill No. 3344.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3344 was read for the first time.
Mayor Jones said this matter appeared on the agenda of the Planning & Zoning Commission on February 7, 2005.  The commission members present voted unanimously to recommend approval of the subdivision plat, which was submitted as SUB 04-8, subject to meeting the conditions of the staff report dated November 22, and that a 15-foot no-grade zone be established and honored.
A motion was made by Alderman McDowell to table Bill # 3344 and to have the calculations of the total water runoff before a decision is made.  The motion died because there was no second to the motion. 
A motion was made by Alderman Lembke and seconded by Alderman Fleming for a second reading of Bill No. 3344.  A voice vote was taken with 5 yes votes and Aldermen McDowell and Pogue voted Nay.  Bill # 3344 will become “Old Business” at the March 14 Board meeting. 
BILL # 3345 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO JVH COMMERCIAL PROPERTIES LLC, DBA ROYAL GATE DODGE FOR A PARKING LOT.
A motion was made by Alderman Lembke and seconded by Alderman Robinson for a first reading of Bill No. 3345.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3345 was read for the first time.
Mayor Jones said this matter appeared on the agenda of the Planning & Zoning Commission on February 7, 2005.  The commission members present voted unanimously to recommend approval of Petition SUE 05-2, subject to meeting the conditions of the staff report and that no unloading of vehicles from the vehicle transports be permitted. 
Assistant City Administrator Aiken stated that there were evidently some questions at the Planning Commission meeting regarding the fencing and landscaping recommendations in the staff report.  Mr. Aiken explained that landscaping on the west side of the curb cut is only necessary for a depth of about 150 feet from Manchester Road.  This will match the landscaping on the east side of the curb cut.  The vinyl sight-proof fence is only recommended along the 240 feet southwest property line.  The pipe barricades around the lots were recommended for consistency purposes to be like those used by Toyota.  There is no staff objection to a black chain link fence without slats if security is an issue.
Alderman Lembke said that, if this Bill passes, a parcel of land in Ballwin will be used as a parking lot for a business in another city to make money.  Ballwin will get nothing, not one red cent out of this property.  It will cost Ballwin utilities, police manpower, investigation time, etc.  This is an area that Ballwin is losing an opportunity for revenue from a point of purchase area.  Mayor Jones said that this was also mentioned by Alderman Gatton at the Planning & Zoning Commission meeting.  This is one of the reasons that this site should be secure, no off-loading of the vehicles from the transports, and customers will not be shown vehicles at this location.  Vehicles will be brought back to the Ellisville location for customers.  This will only be a storage area.  There will be one small building for security cameras.  There will be approximately 210 vehicles stored at this location. 
Alderman McDowell asked if this qualifies as a business in two cities.  City Attorney Lucchesi said that there’s nothing in Ballwin’s ordinances that prohibits this. 
A motion was made by Alderman Robinson and seconded by Alderman Suozzi for a second reading of Bill No. 3345.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3345 was read for the second time.
Mayor Jones said that in order to vote in favor of this petition, the Board must find that the petition would not substantially increase traffic hazards or congestion, would not adversely affect the character of the neighborhood, would not adversely affect the general welfare of the community, would not overtax public utilities, would not adversely affect public safety and healthy; and further that the petition is consistent with good planning practice can be operated in a manner that is not detrimental to the permitted developments and uses in the district, and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area. 
A roll call was taken for passage and approval of Bill No. 3345 with the following results:  Ayes – Robinson, Suozzi, Buermann, Fleming, Pogue, McDowell.    Nays – Lembke, .  Whereupon Mayor Jones declared Bill No. 3345 approved by a vote of 6-1 and it became Ordinance No. 05-11.
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.
Pavement Assessment
Alderman Fleming asked this item be removed for further discussion.
MAYOR’S REPORT
Vacancies:  Mayor Jones said there is a vacancy on the Planning & Zoning Commission for Ward 1.  Alderman Pogue will speak with a potential candidate that has come forward, in addition to Mayor Jones. 
Candidates are still needed for the Arts Commission.  Alderman Fleming said that previously he had submitted a name for the Arts Commission.  He suggested that this individual be recontacted.
The next issue of the “Horizon” will feature an article for a replacement for Mr. Sodoti who represented the City of Ballwin on the Missouri Extension Council. 
Mayor Jones said that St. Louis County is considering an Indoor Clean Air Act.  There will be several Public Hearings starting in March and will be referred to the entire council by late Spring or early Summer.  It’s possible that there will be a vote well in advance of Ballwin’s one year effective date for establishments that sell alcohol.  Alderman Pogue said that the meeting on March 22 will be for organizations and leaders of local governments, 2:00 p.m. – 4:00 p.m. in the County council chambers, first floor, County Administration building.  Alderman McDowell suggested that Ballwin’s representation projects a unified opinion of the legislation. 
The Boundary Commission meeting is on March 22 at 6:30 p.m. at the World Trade Center (formerly known as the 7UP building). 
S.U.E. Transfer:  Mayor Jones said the request is to transfer the S.U.E. for China First Restaurant in Ballwin Plaza to a new owner.  There is no change in the business plan, just a change in ownership.  A motion was made by Alderman Lembke and seconded by Alderman Buermann to transfer the Special Use Exception to Alvin Lieng.  A voice vote was taken with a unanimous affirmative result and the motion passed.
New Liquor License:  Mayor Jones said this request is for a new Liquor License for Taqueria Chihuahua that is relocating to the Rizzo’s location.  A motion was made by Alderman Lembke and seconded by Alderman Pogue to grant a new Liquor License to Taqueria Chihuahua at the Rizzo’s location.  A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ADMINISTRATOR’S REPORT
Pavement Assessment:  Alderman Fleming said he is in favor of continuing the process that is being used.  A motion was made by Alderman Fleming and seconded by Alderman Robinson to approve the contract with KMS and Associates for the comprehensive assessment of all city streets.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Public Works Roof Replacement:  City Administrator Kuntz said it is suggested that the 2 bids received be rejected and the project rebid in order to get more bids on the project.  A motion was made by Alderman Robinson and seconded by Alderman Lembke to reject the two bids received.  Alderman Lembke asked if it is possible that the new bids will be higher than the ones received.  City Administrator Kuntz said this is possible.  Since the Board has expressed a preference for 3 bids on everything, that is the reason to reject the two bids received and rebid the project.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Comprehensive Planning Process:  City Administrator Kuntz said approaches to the Comprehensive Plan would be the RFP where written qualifications are submitted and then select from a list.  The other would be an interview approach.  Mayor Jones suggested a combination of both approaches.  Mayor Jones said if an interview team is going to be used, we don’t want to make it too easy for them to take up the time of the interview team if they are not serious about it.  A request for proposal is needed that provides a threshold and allows a short list to be created for the interview.  A motion was made by Alderman McDowell and seconded by Alderman Robinson.  A voice vote was taken with a unanimous affirmative result and the motion passed.
New Ballwin Road Parcel:  City Administrator Kuntz said this is regarding the donation of a parcel on New Ballwin Road.  The site does not contain any liability for the City.  City Attorney Lucchesi has reviewed the contract and recommendation is made for acceptance of the parcel for donation.  A motion was made by Alderman Robinson and seconded by Alderman Lembke to draft an ordinance to approve the sale contract and empower the Mayor to sign it.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Buxton Proposal:  City Administrator Kuntz said he has a revised proposal to split the cost over 2 years.  Should the proposal be accepted, or wait until after the completion of the comprehensive plan.  If there is a plan that identifies goals but they are not realistic to the retail community, a standard is being set that cannot be achieved.  Mayor Jones said there are retailers that will fit.  Once we get into the comprehensive or strategic planning process, it won’t be difficult to engage their services later on.  He doesn’t want to pre-empt the strategic plan review process by hiring Buxton upfront.  Alderman Lembke suggested that holding this item over for the full Board to discuss again at another meeting.
Mudjacking:  City Administrator Kuntz said there is only one company that does this work on a municipal basis for streets.  He recommended accepting the bid from this company.  He also recommended going into the next tier where dollars can be saved by getting extra tons by spending $25,623.  A motion was made by Alderman Robinson and seconded by Alderman Lembke to exceed the budget by $623 for this project.  A voice vote was taken with 6 Aldermen voting Aye, and Alderman Fleming voting Nay.  The motion passed.
North Pointe Air Conditioning:  City Administrator Kuntz said this equipment was designed by Air Masters, one of the vendors who submitted a bid.  Air Masters has been a very reliable contractor.  References of the bidders were checked, and in light of the available funds, the staff recommendation is that CSI be used for this project.  Alderman Pogue said that Air Masters advised on materials, equipment, and developed the spec package.  There have been no problems with Air Masters and they have provided good service.  He recommended awarding the contract to Air Masters whose bid is within the budget. 
Alderman Fleming said that if there is no reason to say that CSI isn’t qualified, he recommended selecting the lowest bid. 
A motion was made by Alderman Pogue and seconded by Alderman McDowell to reject the lowest bid and award the contract to Air Masters.  A voice vote was taken with Aldermen Pogue and McDowell voting Aye; Nay:  Aldermen Suozzi, Robinson, Buermann, Lembke, Fleming.  The motion failed by a vote of 5-2.
A motion was made by Alderman Fleming and seconded by Alderman Robinson to accept the CSI bid.  A voice vote was taken with 5 aldermen voting Aye and Aldermen Pogue and McDowell voting Nay.  The motion passed.  The bid from CSI was approved.
Alderman Robinson said that he does not like to micro-manage staff especially with only $1,300.  If a recommendation is going to be contested, he suggested pointing to something that staff has either failed to do, or done wrong in order to not accept their recommendation.  We have good staff, and to micro-manage them for only $1,300 is a waste of staff’s time and the Board’s time.  The Board seems lately to be doing a lot of micro-managing.  That sends an ill message to our staff.  He asked if there is some reason the Board does not have confidence in staff’s recommendations?  He said he has never heard anyone on the Board articulate a reason why they don’t have confidence in staff recommendations.  Alderman Buermann said that the Board should be free to ask questions.  Alderman Robinson said it’s okay to ask the right questions at the right time.  Alderman Fleming said that staff makes good recommendations, but Alderman Pogue made good points that were worth asking questions about.  He said it is the Board’s job to be responsible with the expenditures of the City and he doesn’t mind taking extra time to do this.  He said he is not trying to micro-manage; that’s just the way he does things.  Alderman Pogue said that the low bid is not always the best bid. 
Non-Destructive Pavement Testing:  City Administrator Kuntz recommended that this concept be incorporated for the first time as a pre-construction test, and that the contract be awarded to Terracon, who submitted the lowest of two bids from qualified firms.  That’s all the bids that could be obtained because this is a new concept.  It’s a relatively inexpensive test that could provide for more effective budgeting and more extensive use of the limited funds available for major road work.  
City Engineer Kramer explained that previously, there was no way to determine if the underlying pavement and base could withstand the weight of the milling equipment and to remove the asphalt overlay.  Previous experiences lead to the street having to be fully replaced.  This method provides information as to whether the soil, and concrete, can withstand removing the asphalt and replacing it with a new layer of asphalt.  This test will determine what percentage of concrete is still good enough to leave in place.  Right now the two choices are to remove the asphalt and hope the street doesn’t fall apart.  If Ballwin knows that the street can be repaired with selective slab replacement, the budget can be set accordingly and funds can get more work done in a year.  If the test shows that the concrete is too far gone to save, the only thing lost is the cost of the testing.  We will know how to bid the project and not just guess. 
City Engineer Kramer said that Terracon is a nationwide company but has an office in St. Louis.  The second bidder is from outside of the area. 
A motion was made by Alderman McDowell and seconded by Alderman Fleming to award the contract to Terracon.  A voice vote was taken with a unanimous affirmative result.  The motion passed.
534 St. Joseph Lane:  A motion was made by Alderman Lembke and seconded by Alderman Buermann to authorize the City Attorney to draft legislation for the transfer of this property from St. Louis County to Ballwin.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Grading Inspections:  City Administrator Kuntz said suggested that the City Attorney draft legislation for consideration based on the suggested fees submitted by City Engineer Kramer.  A motion was made by Alderman McDowell and seconded by Alderman Robinson to prepare the draft legislation.  A voice vote was taken with a unanimous affirmative result and the motion passed. 
Fitness Equipment:  City Administrator Kuntz said that bids were opened for the purchase of 22 pieces of new strength training equipment at The Pointe.  This purchase of this equipment is important.  For some people, this is the only reason they come to The Pointe.  It is recommended that the second lowest bid be accepted because of the quality of the equipment and because it is the lowest responsive bid under the competitive circumstances.  Alderman Lembke said that he has talked to people who said they joined The Pointe because of the type of equipment. 
Alderman Fleming said he prefers not to have purchased made in big chunks.  He said it should be spaced out with some new equipment bought every year.  When a piece of equipment goes bad, all of the equipment should not be taken out at the same time.  He said he will support this purchase, however, he wants to see different alternatives.  Alderman McDowell said that fitness equipment has to be uniform.  It should be consistent.  Alderman Suozzi said that sometimes purchasing more gets a lower price.  If half of the equipment was replaced, what would the cost be?  If we purchase twice as much, what would be the cost? 
Mayor Jones said that in the budgeting process, we forecast at least 3 years.  When something is deferred for 3 years, you effectively buy a piece each of the 3 years because you are using the money to buy something else.  As long as we forecast far enough out into the budgeting process and we decide to defer the fitness equipment for 3 years, we accomplish the same goal. 
Alderman Fleming said that at every meeting he hears that revenues are flat, revenues are not coming in.  A budget is a good guess for next year, but if a reasonable person sees that the revenues are flat, a reasonable person would take some kind of small corrective action, and defer part of a purchase.  This needs to be considered.  The Pointe is the best facility in the area and he said we should keep it that way.
Alderman Lembke asked if certain pieces of equipment are not being replaced each year.  City Administrator Kuntz said that other things are replaced in the facility.  The track would be replaced, every 2 years, the gym floor is refinished.  If strength equipment is not in the budget every year, dollars are available for other purposes. 
A motion was made by Alderman McDowell and seconded by Alderman Lembke to purchase the proposed equipment from Commercial Fitness.  A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ATTORNEY’S REPORT
None.
ALDERMANIC COMMENTS
Alderman Pogue suggested that the recreational fee paid by developers should be reconsidered.  The developers are paying the fee rather than providing green space in subdivisions.  Mayor Jones said that this is a topic for the strategic planning process.  Alderman Lembke said that right now, it is the developer’s choice.  This should be the City’s option, not the developer’s choice.
Alderman Pogue welcomed two new business to Ballwin.  The Hairy Elephant on Holloway, which is a hair salon for children, and Computer Renaissance, which has returned to Ballwin.  He suggested welcoming new businesses in the “Horizon”. 
Alderman Suozzi recommended friendly aldermanic public relations whenever doing business in any Ballwin business. 
Alderman Lembke said that the Steak n Shake District Manager has indicated that they will be smoke-free in all 8 of her district restaurants on March 11.  He said the Ballwin Board of Aldermen is going to work hard in the coming year to encourage surrounding communities to become smoke free, as well as working with the Ballwin businesses to make this as positive as possible.
Alderman Buermann said that the next Finance & Administration Committee meeting will be on   March 14 at 6:00 p.m.  Alderman McDowell said that he has asked that research be conducted regarding a commercial property tax. 
A motion was made by Alderman McDowell and seconded by Alderman Lembke to instruct the City Attorney to research the feasibility of implementing a commercial property tax.  A voice vote was taken with a unanimous affirmative result and the motion passed.
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 9:42 p.m.
Robert E. Jones, Mayor
ATTEST:
Robert A. Kuntz, City Administrator
MC