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.

Parks and Recreation Committee and Board of Aldermen Meetings

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
February 27, 2006

Minutes of the February 27, 2006 Parks and Recreation Committee Meeting
The Parks & Recreation Committee meeting was called to order at 6:30 p.m. by Chairman Lembke.  Others in attendance included Aldermen Pogue, Suozzi, Fleming, Mayor Young, City Administrator Kuntz, and Director of Parks and Recreation Bruer. 
Ms. Bruer provided an overview of the goose control program.  It was mentioned that a roundup will probably be necessary as a supplement if approved by the Department of Natural Resources.  She also reminded the committee about the Trail Plan public forum which was scheduled for 6:30 p.m. on March 2 at the Manchester City Hall. 
Chairman Lembke asked the group to prioritize other topics for discussion.  Mr. Kuntz suggested that all golf related issues be considered at the next committee meeting.  All agreed. 
The City Administrator brought up the concept of offering our outdoor pool to residents of Ellisville on a group basis for the year ahead.  There were no objections. 
Adjourn:  The meeting adjourned at 7:00 p.m. 
Chairman Ray Lembke
ATTEST: Robert A. Kuntz, City Administrator 

Minutes
The meeting was called to order by Mayor Young at 7:03 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 Charles Gatton
 
Alderman Ray Lembke
 
City Administrator Robert Kuntz
 
City Attorney Lionel Lucchesi
 
The Pledge of Allegiance was given.
The Minutes of the February 13, 2006 Finance & Administration Committee meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Terbrock to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
The Minutes of the February 13, 2006 Board of Aldermen meeting were submitted for approval.  Alderman Buermann amended the Minutes to state that he asked Tony Lamantia where the City of Ballwin ranked regarding the number of households.  He said that Mr. Lamantia said Ballwin is third.
A motion was made by Alderman Buermann and seconded by Alderman Lembke to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
OLD BUSINESS
BILL # 3392 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR CLAYTON VALLEY ESTATES SUBDIVISION, AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.
A motion was made by Alderman Buermann and seconded by Alderman Fleming for a second reading of Bill No. 3392.  A voice vote was taken with 7 Ayes and Alderman Robinson voting Nay.  The motion was declared passed.  Bill No. 3392 was read for the second time.
Alderman Pogue said that in Section 3, Item D, the reference to rain garden should be deleted since this technique was deleted by the developer.  The Board agreed. 
Alderman Robinson asked if an agreement has been received between the subdivision Trustees and the developer relative to the common ground.  City Attorney Lucchesi said that there was a letter sent from the Trustees. 
A roll call was taken for passage and approval of Bill No. 3392 with the following results: 
Ayes – Suozzi, Fleming, Buermann, Terbrock.    Nays – Lembke, Pogue, Gatton, Robinson.  Due to a tie vote, Mayor Young cast the deciding vote by voting Aye.  The motion passed by a vote of 5-4 and became Ordinance No. 06-13.
CITIZEN COMMENTS
Joe Schulte, 7750 Olive Street, St. Louis, MO 63130, Business Representative for the workers at Laclede Gas Company.  Mr. Schulte said that the proposed policy changes by Laclede Gas are not in the best interest of safety for the citizens.  He said that automatic reading devices are being installed on the gas meters called Cell Net, which is an AMR meter.  After the devices are installed, Laclede Gas employees will no longer physically visit houses to read meters on a monthly or annual basis.  He said the meter readers also inspect for gas leaks and other hazards.  Laclede Gas issued pocket detectors so that when a meter reader walked into a house, the detector would determine if there was a gas leak in the house.  Now three years later, they won’t be doing this any longer.  He said the turn offs and turn ons at the change of account which have previously been required a Laclede Gas employee to do this will also be discontinued.  Mr. Schulte displayed several hazardous pipes and connectors that had been altered by customers.  He showed a flex connector that a customer had drove a cork inside the connector.  He said they have discovered blocked flues and flames floating out the front of the furnace.  These dangerous situations would not have been discovered without a Laclede Gas employee visiting the residence.  If an explosion occurs at a house, it not only takes out that house but others around it. 
Mr. Schulte said that Laclede is also changing the gas meters.  They want to hook us the device, change the gas meter, and hook it back up and walk away.  He said that they don’t know if this procedure may have sucked the pilot out of the house.  He said that this could be very dangerous.  Gas could start pouring into the house.  Laclede said that they are saving 15 minutes by not going inside the house.  He said that this is not a safe method for the protection of the citizens.  He asked that the Board pass a resolution to let Laclede Gas Company know that it does not agree with these changes.
Mayor Young asked if Mr. Schulte has gone to the Public Service Commission to express this position.  Mr. Schulte said he has done this, and a hearing is scheduled in April.
Alderman Pogue said that this resolution has been passed by St. Louis County, St. Louis City, Jefferson County, O’Fallon, Maryland Heights, Florissant, St. Peters, and St. Charles County.  Alderman Suozzi asked if the fire departments have expressed an opinion.  Mr. Schulte said none that he knows of.  Alderman Gatton asked if there will be any human meter reading.  Mr. Schulte said no.
Alderman Gatton asked if it is possible that at some point in time, a Laclede Gas customer could end up with a huge gas bill if no one is checking to see if the meter is working.  Mr. Schulte said that this is a possibility.  He said that no one from Laclede Gas will be coming to read the meter on either an annual basis or monthly basis.  He said the device that Laclede is installing cannot detect or smell a gas leak.  It cannot determine if there is a hazardous appliance in the home.  These things have been found on turn ons and turn offs.  Sometimes the customer doesn’t know that a dangerous situation exists. 
Alderman Terbrock asked why is Laclede Gas doing this when they are putting the customers at risk.  Mr. Schulte said that Laclede Gas says that they don’t have to do this anymore because it’s not necessary to go into a house to check on service. 
Alderman Lembke asked if the meter is inside the home, can they put the device on the meter and read it from the outside.  Mr. Schulte said yes because they are reading it from the air waves. 
A motion was made by Alderman Pogue and seconded by Alderman Robinson that a Resolution be prepared by the City Attorney to be sent to the Public Service Commission.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Alderman Lembke asked that a representative from Laclede Gas be invited to make a presentation and answer questions.
Patrick O’Driscol, 449 Ivywood Drive:  Mr. O’Driscol asked how the high heating bills affects the city budget.  City Administrator Kuntz said that the utility tax in the City of Ballwin is 5%.  It was rolled back from 7%.  He said that increased fuel costs increase city revenues, but city facilities are big energy consumers.  The Police Department building and Government Center average $1,100 per month.  The Pointe utility bills are higher than that.  A budgeted increase in gas utilities expenses is 25% for 2006.  The franchise fee revenues was budgeted based on a similarly expected increase. 
Mr. O’Driscol asked how Ballwin’s budget and expenses compare with the surrounding cities.  City Administrator Kuntz said that Ballwin’s budget and expenses are higher because Ballwin is a larger city than the surrounding municipalities.  Ballwin is 3 times the size of Ellisville and 50% larger than Manchester. 
Stuart Zimbalist, 7733 Forsyth Blvd., St. Louis, MO 63105:  Mr. Zimbalist said he is representing Simon Homes and The Jones Company homes.  He said that last week they installed 17 temporary signs along the road inside of the development of the Villas at Meadowbrook.  None of the signs conform with any of the requirements of the sign ordinance.  The signs cannot be made to conform except by removing them completely.  They’re not classified as temporary signs, real estate signs, or any signs that are permitted in the city ordinance.  He said the city notified them to remove the signs.  He asked to be allowed to keep the signs in place for 120 days.  He said there are 68 new homes to be built, and right now 26 new homes are under contract.  Allowing these signs will expedite sales and bring the development to completion at a faster pace.  Mr. Zimbalist apologized for not consulting the city before putting up the signs.  He said that all of the signs are either on the Country Club’s property or the development’s lots. 
Alderman Pogue said that this situation regarding signs was recently an issue with one of the car dealerships along Manchester Road.  The Board did not grant any special favors at that time and the sign had to be removed. 
Alderman Gatton said that the 17 signs are marketing signs and not directional signs.  Alderman Lembke said that if he lived in this area, he would be upset with this issue because that many signs look like Burma Shave signs.  Alderman Suozzi asked City Attorney Lucchesi if this request can be considered without going back to the sign ordinance and making amendments.  City Attorney Lucchesi said that there is nothing in the sign ordinance that will cover this; however, he said he will check thoroughly to be sure.  Alderman Suozzi said that while the research is being done, the signs will remain and be in violation. 
Alderman Pogue said that in the past issue, the ordinance was not changed to accommodate such requests.  If this is done, every time someone puts up a sign that is not in compliance, they will come to this Board and ask for an extension.  We will eliminate the need for this ordinance if Mr. Zimbalist’s request is granted.
Mayor Young said that unless the Board disagrees, he said staff should be directed to state that the signs will have to be removed.  Alderman Terbrock said that we cannot go against the ordinance.  Temporary extensions tend to get stretched out and is not good practice. 
Alderman Fleming suggested waiting until City Attorney Lucchesi has had time to review the sign ordinance and report back at the next Board meeting.  He said it is in everyone’s best interest to make sure that this development is successful.  Maybe there is a way to accommodate this request on a temporary basis.  Alderman Pogue said the signs are not in compliance.  City Attorney Lucchesi said the size of the signs is the issue.  Alderman Suozzi said that every one of the signs is a marketing sign.  She said these are like mini billboards.  She suggested standing by the ordinance and have the signs removed.  A change in legislation can be considered at a later date.  This opens the City up to other developers making similar requests.  Alderman Lembke said that we have to stand behind staff and the ordinance.  This issue can be researched for the future, but at this time, our hands are tied. 
Alderman Gatton said that there are things the developer can do within the sign ordinance to market their property.  Mayor Young said that Mr. Zimbalist and the developer should consult Assistant City Administrator Aiken on the sign issue and at this point the signs will have to be removed to comply with the sign ordinance to avoid future requests of this nature by other developers. 
PUBLIC HEARINGS
None.
NEW BUSINESS
LEGISLATION
BILL # 3402 - AN ORDINANCE AMENDING THE CODE OR ORDINANCES AND IN PARTICULAR, CHAPTER 16 SECTION 16-3, ENTITLED “COURT COSTS” BY DELETING THE PRESENT SECTION AND INSERTING A NEW SECTION 16-3 THEREFOR.
A motion was made by Alderman Lembke and seconded by Alderman Robinson for a first reading of Bill No. 3402.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3402 was read for the first time.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3402.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3402 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3402 with the following results: 
Ayes – Gatton, Robinson, Pogue, Lembke, Terbrock, Fleming, Buermann, Sluozzi .  Nays – None.  Whereupon Mayor Young declared Bill No. 3402 approved and it became Ordinance No. 06-14.
BILL # 3403 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO JOHN NAUMO D/B/A  NEW LIFE MARTIAL ARTS FOR A MARTIAL ARTS SCHOOL.
A motion was made by Alderman Robinson and seconded by Alderman Gatton to table this Special Use Exception request until the next meeting when the petitioner can answer questions from the Board.  A voice vote was taken with 6 Ayes and Aldermen Terbrock and Fleming voting Nay.  The motion passed.  Bill # 3403 will be tabled until March 13, 2006.
Alderman Lembke asked if there is an issue with the sidewalks.  City Administrator Kuntz said there is no sidewalk issue for New Life Martial Arts.  Alderman Robinson said that his notes indicate that this is a possible issue, therefore, he is not prepared to vote.  City Administrator Kuntz said that there is a sidewalk question relative to Bill 3404 but not 3403.  The write up may have been unclear.
A motion was made by Alderman Robinson and seconded by Alderman Lembke to rescind the motion to table and for a first reading of Bill No. 3403.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3403 was read for the first time.
A motion was made by Alderman Terbrock and seconded by Alderman Gatton for a second reading of Bill No. 3403.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3403 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3403 with the following results: 
Ayes – Buermann, Fleming, Pogue, Robinson, Gatton, Suozzi, Lembke, Terbrock.  Nays – None.  Whereupon Mayor Young declared Bill No. 3403 approved and it became Ordinance No. 06-16.
BILL # 3404 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A CONSOLIDATION PLAT FOR 14960 MANCHESTER ROAD, AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.
A motion was made by Alderman Buermann and seconded by Alderman Gatton for a first reading of Bill No. 3404.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3404 was read for the first time.
Mayor Young asked Schrader Funeral Home representative, Greg Bryant, if he is in a position to authorize payment of the sidewalk, which is $3298.85.  Mr. Bryant said no because he is the developer.  Mayor Young said that earlier on this date, he spoke with one of the Schraders.  He told him that this may be an issue.  Mr. Schrader said he had no problem with this.  Alderman Suozzi said that this stipulation is in the bill.  Alderman Fleming said that they also agreed to this in the Planning & Zoning meeting.  Alderman Terbrock agreed.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3404.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3404 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3404 with the following results: 
Ayes – Lembke, Pogue, Robinson, Buermann, Fleming, Suozzi, Terbrock, Gatton.  Nays – None.  Whereupon Mayor Young declared Bill No. 3404 approved and it became Ordinance No. 06-15.
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.
Amusement Rides
B.
Park Truck
C.
Police Laptop Computers
D.
Golf Course Bridges
E.
Median Maintenance
Alderman Fleming requested that Item E be removed for further discussion.  Alderman Lembke requested that Item D be removed for further discussion.
A motion was made by Alderman Buermann and seconded by Alderman Robinson to accept Consent Items A, B, and C.  A voice vote was taken with a unanimous affirmative result and the motion passed.
MAYOR’S REPORT
Appointments:  Mayor Young recommended the appointment of Michael Wind, currently on the Board of Adjustment, to the Planning & Zoning Commission.  Alderman Lembke said that he and Alderman Gatton are in full agreement with this appointment.  Alderman Robinson asked about the number of votes per each ward on the Planning & Zoning Commission.  He pointed out that Ward 4 will have more votes than the other wards.  He suggested changing the policy of Planning & Zoning to have the Mayor and Aldermen as liaison members rather than voting members.  He said if this is done, he will withdraw his objection to a third Ward 4 appointee.  At this time with four voting members from Ward 4, even with the recommendation of the aldermen, he objects to this.  He said for one ward to have 4 votes is unfair.  If the Mayor and Aldermen are not voting members, they also should not participate in the discussions. 
Mayor Young said that he has been asking for four months for a recommendation for an appointee to the Planning & Zoning Commission.  He said no one has made any recommendations.  If the aldermen and mayor are not allowed to vote, there will be carry overs in more than one month at a time because there won’t always be a quorum. 
Alderman Robinson said that active members should understand their responsibility.  They are volunteers with no compensation, except for the Chairman.  Alderman Suozzi said that when she was on the Planning & Zoning Commission, there were 9 members and a quorum was 5.  There are now 11 members and quorum is 6.  She said when she was on the commission, there was always a quorum.  Only 1 time in 10 years was there not a quorum. 
City Administrator Kuntz suggested using 2 alternates.  This will help with the quorum issue as a backup, eliminate people and don’t re-appoint those with poor attendance, change out with the chairman.  Alderman Suozzi suggested calling the members prior to the meeting to confirm their attendance.  Alderman Robinson said that staff should not become babysitters.
Alderman Lembke suggested having 2 people from each ward, that the chairman only vote in case of a tie, and that the aldermanic representative and the mayor would only vote if their wasn’t a quorum.  They would be voting members only to make a quorum.
A motion was made by Alderman Pogue and seconded by Alderman Gatton to accept the appointment of Michael Wind to the Planning and Zoning Commission and that there be discussions with staff and the Board regarding the selection process for appointments for the Planning and Zoning Commission before April.  A voice vote was taken with a result of Aldermen Pogue, Terbrock, Buermann, Lembke and Gatton voting Aye, and Aldermen Robinson, Fleming, and Suozzi voting Nay.  The motion passed by a vote of 5-3. 
CITY ADMINISTRATOR’S REPORT
Police Reports:  City Administrator Kuntz said that this is a rollback in this fee because Ballwin’s charge was above average charged by other cities.  He recommended setting the fee at the rate that is consistent with the average, which is about $5.27. 
A motion was made by Alderman Suozzi and seconded by Alderman Gatton to draft legislation to roll back to $6.00 the police report fee.  A voice vote was taken with 7 Aye votes and Alderman Terbrock voting Nay.  The motion passed by a vote of 7-1.
Indemnification:  City Administrator Kuntz said this is strictly to add the Board’s indemnification from personal exposure beyond the insurance exposure.  This is a routine procedure and has been done in the past. 
A motion was made by Alderman Buermann and seconded by Alderman Lembke to extend this indemnification to Jerry Klein and Tom Aiken.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Golf Course Bridges:  City Administrator Kuntz said this is a budgeted item and is regarding safety.  Alderman Lembke said that there are some golf course issues that need to be addressed, including if Ballwin should continue to have the golf course in the future.
Mayor Young said that before additional funds are spent on the golf course, we should seriously consider the cost of future maintenance.  Director of Parks and Recreation Bruer said there is a safety concern regarding the bridges.  She said the bridges were designed and installed when the course was private and didn’t get the amount of play that it has in the last 30 years.  The bridge on #8 is very narrow and will barely handle a golf cart.  Many times a cart hits the side and the railing falls off.  The bridge on #3 is cracked severely in two places. 
City Administrator Kuntz said that Ballwin has an obligation to provide safe and functional facilities.  The bridges must be repaired before the busy golf season starts.  To maximize the revenue, the golf course is not closed on Mondays. 
Alderman Buermann said that a couple of years ago, the Ballwin Golf Course was rated the best 9-hole  public course in St. Louis.  The golf course is used a lot.  What are we going to do when something happens to The Pointe, to North Pointe?  Are we going to throw up our hands and say that it’s going to cost us money so we have to get rid of it?  He said that 40,000 rounds of golf per year is a lot of golf.  There are parks programs, inspections programs, and police reports that don’t pay for themselves. 
Alderman Terbrock said that the bridge repair is a budgeted item and is essential for the safety of the people.  This should not be compared to the irrigation system.  The golf course should be kept up to the standard that has been maintained in the past. 
Alderman Lembke asked if approval for the bridge replacement was postponed for a couple of weeks, what impact would this have on the golf course.  Director of Parks and Recreation Bruer said that the busy season is about to start.  If the larger bridge is not repaired soon, there won’t be any way for the golfers to get to the hole.  The busier the golf course is, the harder it will be to make the repairs.  The bids will be valid for another two weeks.  Alderman Lembke said that if this is postponed, people will be on bridges that are not safe. 
Alderman Lembke said that dragging hoses around the golf course is not practical or cost efficient.  The $12,000 is still in the budget for the irrigation system analysis.  
Alderman Fleming said that the standard that should be used in evaluating systems is that is it financially responsible and is it needed, not is it budgeted.  He said in his view, this is needed and is financially responsible because it is $13,000 under budget.  He said he is inclined to vote for this.
A motion was made by Alderman Buermann and seconded by Alderman Pogue to accept the bid as submitted for $32,700 from Custom Manufacturing.  A voice vote was taken with a unanimous affirmative result, and the motion passed.
Median Maintenance:  City Administrator Kuntz said this contract has to do with equipment and personnel safety.  It applies to the center median of Manchester Road adjacent to the Olde Towne Plaza.  The low bid is the company that is doing the maintenance for Olde Towne Plaza.  It has proposed to do the same maintenance at no increase in the cost from 2005.  It’s questionable if this is necessary, however, this is a high visibility area. 
Alderman Buermann said the image of the city is important and the medians should be kept up by trimming, pruning, mulching, etc.  The $9,000 should be sent to have this done.
A motion was made by Alderman Buermann and seconded by Alderman Suozzi to accept the bid.
Alderman Fleming said that in his opinion, the work done last year was not very attractive.
A voice vote was taken with a unanimous affirmative result and the motion passed.
Closed Session:  There will be a closed session to discuss personnel.
CITY ATTORNEY’S REPORT
Municipal Judge:  City Attorney Lucchesi said that the position must be advertised in either the “Daily Record” or “The St. Louis Countian”.  He said that any rating is better than no rating.  A “C” rating just means that the person has not been in business very long.  An “A” or “B” rating is more positive. 
Alderman Gatton said that in Section 16-23, Appointment, the wording is, “The Mayor, sitting as a voting member of the administrative committee of the Board shall review the resumes of candidates.”  He said that this sounds like only the Mayor is doing the review instead of the entire committee.  He asked that this be reworded so that the Administrative Committee is added. 
Alderman Pogue said that in Section 2 #2, specific ages are mentioned.  Under Exhibit 1 to the ordinance for the policy, No. 1 is shown as non-discrimination.  City Attorney Lucchesi said that the reason the ordinance is worded this way is so that the language reflects State law requirements.. 
Alderman Robinson said that in the past, we were more concerned with the hiring process than the candidate’s qualifications..  Now we are focusing too much on the qualifications and have not addressed the hiring process.  There isn’t enough guidance on this.  Mayor Young said that there is a process because of the Administrative Committee of the Board.  This was not specified in the past.  City Attorney Lucchesi said that he will change this to the Finance & Administration Committee because that’s what it was intended to be.  He thinks the Board wants to know how the Board would be involved in the hiring process. 
Mayor Young said that at every committee meeting, there are committee members, but all aldermen are invited to attend and participate.  Alderman Robinson said that in the last round of the hiring process, he said he did not receive any notice of any meetings or a list of the candidates.  When he asked to see the resumes, he was told that he could only see this under certain parameters.  Mayor Young said that at that time, he did not have appropriate guidance on this issue.  He said he now has a better way of handling this issue. 
Alderman Lembke said that the Finance & Administration Committee and the Mayor will be responsible for reviewing the resumes and determining the value of certain criteria in making judgments.  Alderman Buermann said that all of the aldermen should receive copies of all the resumes so that everyone is informed of all of the candidates. 
Alderman Fleming said that in the past, the Mayor was supposed to come up with the candidates, give them to the Administrative committee to evaluate, and then the Board voted on the candidates.  This way, we advertise it, the resumes come in, the Finance Committee reviews them and give the Mayor 3 recommendations.  The Mayor picks one to recommend to the Board.  He said the Mayor was not a voting member of the Finance Committee before, and since the job of the committee is to give the Mayor a list of 3 so that he can pick, he should not be a voting member of the committee.  City Attorney Lucchesi said that under the current plan, the entire committee makes the decision, submitting 3 names for the entire Board to vote on the one person.  The ordinance was changed because the Mayor was not a voting member.  Alderman Fleming said he is not sure that he approves of this.  City Attorney Lucchesi said it makes no sense to him for someone to be a member of a committee and not be able vote.  He said it is not a normal duty for the Finance Committee to pick the judge.  This only happens about once every 10 years. 
Alderman Robinson recommended changing from the Finance Committee to a committee of 4, consisting of one alderman from each ward being the review committee.  This committee shall review all of the resumes, make copies available for all of the aldermen, and select 3 names to be submitted to the Mayor.  Alderman Buermann agreed.  Alderman Robinson said that six months before the expiration of the sitting judge’s term, the Board shall select the committee. 
Alderman Lembke said the Mayor should be able to sit in on the review process so that when the candidates are presented to him, he doesn’t have to ask many of the same questions that have already been asked of the candidates.  If the Mayor is not a voting member, he should have tie breaking capability and be involved in all of the meetings.
The Board agreed to continue this discussion at the next Board meeting.
ALDERMANIC COMMENTS
Strategic Plan Update:  Alderman Suozzi said that the meetings are designed to get 10-15 people asking and answering questions to give vision for the city.  There will be two large meetings, hoping for about 100 people at each, in April.  She said that committee member attendance has been good and she anticipates the committee to continue working well together.
Walgreens:  Alderman Buermann said that when the Walgreens Public Hearing takes place before the Board, he will be abstaining because his property backs up to this property.  He will speak at the public hearing.  He said there is nothing negative against this, but there are a few concerns as anyone would have who lives next to commercial property.  When this comes before the Board, he said he will not be voting or taking part in that discussion.  He said at the Public Hearing, he has a legal right to speak about the issue, but as City Attorney Lucchesi has advised, he will not take part in discussion or voting during the Board meeting.  He also stated that he does not plan on influencing the Planning & Zoning Commission in any way.  He said there is a possibility that his wife will be the speaker. 
Adjourn to Closed Session:  A motion was made by Alderman Gatton and seconded by Alderman Robinson to adjourn to closed session to discuss personnel.  A roll call vote was taken with a unanimous affirmative result and the motion passed to adjourn to closed session at 9:17 p.m.
The Board convened in closed session at 9:30 p.m.
A motion was made by Alderman Buermann and seconded by Alderman Lembke to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 9:44 p.m.
The Board reconvened in open session at 9:45 p.m.
Mayor Young announced that the Board met in closed session to discuss the performance of the City Administrator, and that the Board unanimously authorized a 5% salary adjustment retroactive to January 1, 2006.
Mayor Young gave a report on the Missouri Municipal League legislative conference.
Public Health & Safety Committee:  Alderman Robinson opened the discussion of temporary safety signs for the schools.  All Aldermen, with the exception of Alderman Terbrock, remained in attendance.  Alderman Fleming provided an overview of his helmet proposal.  It was suggested that the County model be considered.
A motion was made by Alderman Buermann and seconded by Alderman Gatton to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 10:37 p.m.

Walter S. Young, Mayor

ATTEST:
Robert A. Kuntz, City Administrator
MC