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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

Meeting Minutes

The meeting was called to order by Mayor Jones at 7:00 p.m.

 

PRESENT

ABSENT

Mayor Robert E. Jones  
Alderman Kay Easter  
Alderman Press McDowell  
Alderman Kenneth Buermann  
Alderman Jane Suozzi  
Alderman James Robinson  
Alderman Bruce Anderson  
Alderman Charles Gatton  
Alderman Ray Lembke  
City Administrator Robert Kuntz  
City Attorney Lionel Lucchesi  

 

The Pledge of Allegiance was given.

 

The Minutes of the March 10, 2003 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Lembke and seconded by Alderman Buermann to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

CITIZEN ACADEMY GRADUATION

Mayor Jones presented graduation certificates to the following participants: Eloise Engler, Anita Kamper, Travis Mayer, Charlie Stackle, Vivian Morice, Mary Simmons, and Gerald Gier.

PUBLIC HEARING

A public hearing was conducted to consider a proposal by Midwest Waste to extend the term of the current residential refuse collection contract by 2 years and to eliminate city payment for curbside recycling due to budgetary issues. Tony Lamantia, Midwest Waste Representative, gave a brief overview of the Recycling program options. He said the current contract with the City of Ballwin started in 1995. Either an optional or mandatory recycling program will be offered to the residents. The optional program would cost an additional $2.43 on the residents’ bill unless they called Midwest Waste to cancel the recycling pickup. At that time the $2.43 would be removed from their bill. With mandatory recycling, the monthly price of $2.19 would remain the same through 2006, but would be on the residents’ bill instead of the City paying $260,000 for recycling pickup.

Alderman Gatton asked if anything has changed with the financial projections that would affect the direction of Board consideration on this issue. City Administrator Kuntz said revenues are as projected through the first quarter. Revenues are flat as anticipated.

Alderman Easter asked why there are two options, mandatory and optional. Mr. Lamantia said the City asked for the choice. Mayor Jones said that right now, all citizens have curbside recycling and the City pays $260,000 for the service. Whether or not the citizens choose to utilize it is voluntary, but the price of the recycling service is paid by the City for everyone. The Board had the understanding that recycle usage in Ballwin is 60%, but Mr. Lamantia said it is 40%. Out of 96 cities, Ballwin is 12 in recycling.

Alderman Lembke said that mandatory recycling doesn’t mean that a homeowner is going to be forced to use the recycling service. The cost of $2.19 would be transferred to the citizens. There would not be an option to withdraw from the program.

A.C. Gruenkeneyer, 245 Essex Mill

John Davis, 506 Glenmeadow

Harold Beeman, 585 Rolling Glen Lane

Mayor Jones asked Mr. Lamantia if there is a limited amount of yard waste that can be placed at the curb for pickup. Mr. Lamantia said there is no limit in the City of Ballwin.

Matt Kouzes, 437 Hilltrail

Joan Reed, 681 Twigwood

Lynn Goetz, 14706 Clayton Road

Larry Kilcullen, 458 Hilltrail

Barry Husman, 143 Country Creek Ct.

Travis Mayer, 431 Madrina Ct.

Vivian Morice, 139 Country Creek Ct.

Walter Young, 634 Lemonwood Drive

Mr. Young asked when is the date that a decision has to be made. Mayor Jones said the final decision has to be made by the end of 2004; however, the Board has to be responsible as soon as possible to improve the budget situation.

Mr. Young suggested that the City promote recycling in the next quarter to help people understand how important recycling is and try to increase participation by 10%. If this can happen, he would support mandatory recycling. Midwest Waste is having trouble getting rid of the recycle items because they are not making the money they would like to make on the program. Midwest Waste would like to eliminate recycling and make it part of the trash. He encouraged the Board to promote recycling to the residents in an attempt to increase participation by at least 10%. If participation does not increase, then make the program optional.

Alderman Lembke said that if Ballwin spends significant resources of time, energy and effort to promote recycling over the next quarter, that doesn’t help Ballwin’s financial budget situation. Recycling needs to be promoted vigorously regardless of the Board’s decision relative to funding of the recycling program. If optional or mandatory recycling is implemented, this would show up on the quarterly billing starting May 1.

Alderman Suozzi said there is a concern that if the participation level falls with the optional participation program at $2.43 and the trash volume increases, Midwest Waste would ask for a rate increase for trash collection. Mayor Jones said they would not be able to do that because there would be a new 3-year extension until 2007.

Patrick O’Driscol, 449 Ivywood

Mayor Jones declared the Public Hearing closed at 8:00 p.m.

Alderman McDowell asked if the residential recycling volume is going down because schools and civic organizations offer drop-off containers for these items, and thus providing additional funding for their organizations. Midwest Waste representative Mr. Lamantia said recycling is actually increasing in most cities. He said the best way to increase recycling is to do away with twice a week service, have only once a week service and have limits. The City of O’Fallon provides a 90-gallon container and that is the limit. This has quadrupled the materials collected in its recycling program.

Alderman Lembke said he has asked residents in Ward 4 their opinion of recycling. They were supportive and use the service and will continue to do so. A recurring comment was that they would like to see the service expanded to include more materials such as cardboard. He said he only received one negative comment out of all of the people he talked to and that person said he is recycling but will stop doing so if he has to pay for it. Alderman Easter said that she has had only one negative comment of the same nature. The resident said he won’t pay for it but will transport the items to Kirkwood.

Alderman McDowell believes the recycling option should be available for those who want to utilize the schools and civic organizations drop off containers.

Alderman Anderson asked Mr. Lamantia if the prices for consideration are good until the end of 2007 even if recycling participation falls below 25%. Mr. Lamantia said yes. City Attorney Lucchesi said there will not be a contract that the City accepts that will contain a drastic reduction clause.

Alderman Robinson said this is not about a few dollars being billed to the residents at this time. In the long term, looking at the cost, dumping trash in the landfills is much more expensive for everyone’s children and their children than being responsible right now. It starts with the current residents and families. Recycling is an important issue and Ballwin is a leader in doing what’s right. Are the residents and the Board going to do what’s right, or what is going to save each resident two dollars? He believes it should be mandatory because the people who decide they are not going to recycle are going to cost the other residents more money in the long run because they are going to continue to dump their recycling items in the landfills. With mandatory recycling billing, non-participating residents will make it easier for all of the people that are trying to do the right thing by contributing to the cost of recycling. Recycling is the right thing to do. Alderman Easter said she completely agrees with Alderman Robinson.

A motion was made

by Alderman Robinson and seconded by Alderman Lembke to draft legislation to authorize the City to enter into a contract for mandatory recycling cost to be passed on to the residents. A voice vote was taken with 7 yes votes and Alderman McDowell voting no. The motion was declared passed. Legislation will be prepared for consideration at the next Board of Aldermen meeting on April 28.
, asked if it would be less expensive to have the City pick up leaves instead of Midwest Waste. He also asked if a recycle center could be built in Ballwin. Mayor Jones said that going to a recycling center where people have to transport their recycling items would be a huge step backwards.
, said when recycling was included in the contract with Midwest Waste, the City campaigned and promoted recycling in the "Horizon". Recycling participation was 80% of the residents because of this advertising campaign. Today, no campaign, promotion, or advertising is done by the City and the participation has dropped off to 40%. He said he agrees with the statements and complaints of the individuals who have just spoken at this meeting regarding Midwest Waste. The pressure is on the Midwest Waste employees to get their territories picked up and completed by a certain specified time. Their territories are large and are working 12 hour shifts, even in the heat of summer. The yard waste does have to be set apart from the regular trash. If this is not done, either or both won’t be picked up.
, said yard waste is picked up in a sloppy manner. Yard waste is dropped and left in the middle of the street. She has seen the yard waste being thrown into the back of the truck as the truck is moving. Part of the yard waste misses the truck and lands in the street and the cans are tossed back into the yard and driveways. Some of the residents on Country Creek dump their yard waste into the creek. She said she talked to Mr. Flowers at Midwest Waste to report a driver who almost hit a worker at her home and almost knocked the door off of his truck because he was driving too fast. She said when she calls to report problems, it changes for a couple of weeks and then goes back to the same problems again.
, said he is in favor of mandatory recycling. He said that if residents buy an extra trash can and reduce their pickup to once per week, with the mandatory recycling, the price would be approximately the same price.
, asked for the definition of "senior" and rear yard pickup. Mr. Lamantia said senior is age 65 and rear yard pickup is picking up the trash from containers at the rear of the house. He asked the Board to vote for the mandatory recycling program. He has taught his children the benefits of recycling and taking an interest and responsibility for the environment for the present and future. Driving to Kirkwood to drop off recycling items is wasting gasoline.
, recommended that the Board vote for the optional recycling program. He also suggested a recycling center where the citizens can drop off their items for recycling.
, asked why Ballwin cannot cover the cost for recycling and all of the trash, as does the City of Bridgeton. Alderman Lembke said the City of Bridgeton has a property tax. City Administrator Kuntz said the City of Ellisville pays for trash and recycling but also has a property tax.
, said she didn’t know that there was a senior citizen rate from Midwest Waste. She said she is eligible for the senior citizen rate but has been paying the regular rate. She said it’s best to place the trash, yard waste, and recycling containers separate and apart so that the drivers don’t get confused about what to do with the contents of each container. She said the trash cans are left in the middle of the driveway so that she has to get out of her car and move the can before pulling into the driveway. She would like the empty cans to be placed at the side of the driveway. She said she is the only resident on her street that pays for two pickups each week. Many times they miss her second pickup.
, asked the Board to vote in favor of mandatory recycling. He said that conserving resources is important. As landfills fill up, recycling will become even more important. He suggested recycling be encouraged through the "Horizon" newsletter and provide information on what items are recyclable and what’s not.
, said the Midwest Waste service has deteriorated. He said last Tuesday, he had 4 cans of grass clippings at the curb. They picked up 2 and left 2 unemptied. His wife called Midwest Waste and heard a recording about the prices increasing, and was instructed to leave her phone number and they would return the call. She did and no one called back. He said here have been other missed pickups.
, said that in areas where people don’t recycle, the items are thrown into the trash. He said that Ballwin should look at alternative ways to fund the recycling program.
, asked why is the City paying for recycling when less than half are using it. He does not want to pay for yard waste pickup because he doesn’t use the service. Mayor Jones said most of the citizens want curb yard waste pickup. It is an important goal to conserve our natural resources. Environmentally speaking, recycling is being responsible. The more materials that are recycled, the less cost and less goes into the landfill. From a budgetary standpoint, the City cannot continue to pay $260,000 for the service. This does not make the goal of increased recycling any less important.

CITIZEN COMMENTS

Walter Young, 634 Lemonwood Drive

Mr. Young

said that Ballwin is paying double for leaf pickup. The cost is included in the Midwest Waste yard waste program and the service is being duplicated with city crews. There is also an additional cost for equipment when using Ballwin crews to duplicate the service. The Ballwin street crews are not able to take care of maintenance of the city streets because they are doing leaf vacuuming instead. He suggested that the Board seriously look at the expense involved in duplication of this service. Out of 96 municipalities in St. Louis County, he doesn’t believe there are 90 municipalities picking up leaves with their own crews. Mr. Young believes that this is an unnecessary expense when it is already provided and paid for in the Midwest Waste contract.
: Mr. Young said there have been many problems with illegal signs and builders using roadways for construction yards. He said the response he receives when he inquires about this is that he should call and report where the signs are at and something will be done about it. He said the inspectors and Public Works personnel should be picking up these illegal signs and not waiting for someone to call and report it. Mayor Jones said this is being done by the inspectors. Alderman Gatton said that many of the signs are put out on the weekends when city personnel are not working. It would not be cost effective to have city personnel working weekends on a regular basis to pick up signs. Mr. Young asked the Board to discuss and consider how this problem can be dealt with and improved.

LEGISLATION

BILL # 3225 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN, MISSOURI, ON BEHALF OF THE CITY, TO EXECUTE AN EASEMENT AGREEMENT WITH THE MISSOURI-AMERICAN WATER COMPANY.

A motion was made by Alderman Buermann and seconded by Alderman Anderson for a first reading of Bill No. 3225. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3225 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3225. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3225 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3225 with the following results: Ayes – Robinson, Lembke, McDowell, Suozzi, Buermann, Gatton, Easter, Anderson. Nays – None. Whereupon Mayor Jones declared Bill No. 3225 approved and it became Ordinance No. 03-21.

CONSENT ITEMS

A. Concession Tables

B. Mudjacking

C. Crestland / Vlasis Reconstruction

D. Claymont Sidewalk

E. Leaf Vacuum

F. Vehicle Lift Replacement

G. Fiber Connections

H. Shirts

I. Records Destruction

A motion was made by Alderman Buermann and seconded by Alderman Lembke to adopt the consent items. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

MAYOR’S REPORT

Retreat: Mayor Jones said a Retreat is scheduled for Saturday, April 26, at 8:00 a.m., at this location. This is a public meeting and everyone is welcome to attend. The public opinion survey will be discussed, future finances, salaries and fringe benefits in the employee package, and annexation.

Batter’s Up Special Use Exception Transfer: Mayor Jones said this is a request to transfer the Special Use Exception for Batter’s Up Batting Cages to Aaron Jaworowski. Mr. Jaworowski said the facility will stay as it is, a batting facility for baseball and softball.

Liquor License – Italian Market: Mayor Jones said this license is for the Italian Market to be located at 15015 Manchester Road. This is for package sales and does not require a Special Use Exception. There will be no consumption on the premises, just packaged sales.

Liquor License – Jaycees at Ballwin Days: Mayor Jones said a request has been made by the Jaycees to sell wine and beer at the Ballwin Days festival. Alderman Gatton asked if bids were going to be received for this service. City Administrator Kuntz said competitive proposals were received and a new vendor will be used at Ballwin Days this year as a result of the process. The Jaycees will be selling and serving the wine and beer.

Excavation Permits: City Administrator Kuntz said this is regarding the escrow retention policy for excavation permits. He feels that it is very burdensome for the homeowner or small contractor to tie up their hard earned capital for such a long period of time. He suggested reducing the amount to $1,000 and holding the escrow for no more than 90 days. Legislation will be required.

Health Insurance: City Administrator Kuntz said with some minor adjustments, the current provider, United Healthcare, has been renewed. This company is preferred by the employees because it is very comprehensive. The disadvantage is that they only submitted a 3-tier plan. It is recommended that the following option be accepted: Almost double the amount what the single employee pays, an employee plus one and the family will still get the benefit of most, for the single plus one will be less of a pass-on on the cost and a little bit more $3 toward the $45 for the family. This will be within the budget. It takes very little out of the employees’ pocket and the City stays within the 15% budgeted. He also recommended that the adjustments be effective May 1 instead of April 1 so that no employee’s expense is retro-active and they will have time to prepare.

Endorsements: City Administrator Kuntz recommended that endorsements of non city-business related issues at city functions be discouraged and dealt with on a case-by-case basis, informally and directly with an individual as opposed to any statement in the policy manual. Alderman Easter agreed and said that volunteer citizens come to some of the meetings and they should not be subjected to endorsements.

Consent Items vs. City Administrator’s Report: City Administrator Kuntz explained that items in the City Administrator’s report may require an explanation for not accepting the lowest bid, or a policy issue that requires direction. Consent Items are items that are budgeted.

Golf Carts: City Administrator Kuntz said the recommendation is to accept the bid of M&M Golf Cars in the amount of $10,050.00 with trade. This recommendation is because of the compatibility of the equipment and the reliability.

Antioch Reconstruction: City Administrator Kuntz said it is recommended that the second low bidder, Kelpe Contracting, be awarded the contract in the amount of $150,354.72. Kelpe has a proven good performance record with the City. The low bidder had no experience with Ballwin or with this kind of construction.

Slabs: City Administrator Kuntz said it is recommended that the second low bidder, R.V. Wagner, be awarded the contract in the amount of $94,917.00. In this case, even though Kelp Contracting was the slightly lower bidder, and they have a proven good record with the City of Ballwin, it has been Ballwin’s experience that if one contractor has too many projects, this can cause problems. Therefore, it is recommended that contract be awarded to R.V. Wagner.

Closed Session: City Administrator Kuntz said a closed session at the conclusion of this meeting is recommended to discuss real estate.

CITY ATTORNEY’S REPORT

None.

ALDERMANIC COMMENTS

Alderman Gatton said the Cherry Hills Country Club is having an auction on Wednesday. He was wondering if Ballwin could acquire any needed products from this auction.

ADJOURN

A motion was made by Alderman Suozzi and seconded by Alderman Buermann to adjourn to closed session. A roll call vote was taken with the following results: Ayes – Easter, Buermann, Lembke, McDowell, Gatton, Suozzi, Anderson, Robinson. The motion passed unanimously and the meeting was adjourned to closed session at 8:40 p.m. to discuss a real estate issue.

A motion was made by Alderman McDowell and seconded by Alderman Gatton to adjourn the closed session and reconvene in open session at 9:12 p.m. A roll call vote was taken with a unanimous affirmative result and the closed session was adjourned.

The Board reconvened in open session at 9:13 p.m.

Mayor Jones announced that while in closed session, the Board discussed an issue of real estate acquisition but no vote was taken on any matters.

A motion was made by Alderman Easter and seconded by Alderman Buermann to adjourn. A voice vote was taken with a unanimous affirmative result and the meeting was adjourned at 9:15 p.m.
MC

 

 

A motion was made

by Alderman Gatton and seconded by Alderman Robinson to accept staff recommendation and award the slab contract to R.V. Wagner. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 

A motion was made

by Alderman Robinson and seconded by Alderman Anderson to accept the Kelpe contract. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 

A motion was made

by Alderman Suozzi and seconded by Alderman Lembke to accept the recommendation of M&M Golf Cars in the amount of $10,050.00. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 

 

 

A motion was made

by Alderman Lembke and seconded by Alderman Gatton to accept option No. 2 with United Healthcare, effective May 1. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 

A motion was made

by Alderman Lembke and seconded by Alderman Anderson to prepare legislation to amend the current requirement to reduce the escrow amount to $1,000 to be held for no more than 90 days. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 

A motion was made

by Alderman Gatton and seconded by Alderman Lembke to approve the Jaycees to sell wine and beer at the Ballwin Days festival. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 

A motion was made

by Alderman Gatton and seconded by Alderman Lembke to approve the liquor license application for the Italian Market. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 

A motion was made

by Alderman Lembke and seconded by Alderman Buermann to approve the transfer of the S.U.E.. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 

CITY ADMINISTRATOR’S REPORT