The meeting was called to order by Mayor Young at 7:04 p.m.

The Pledge of Allegiance was given.

The Minutes of the August 14, 2006 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Suozzi to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

OLD BUSINESS 

CITIZEN COMMENTS  

Paul Morgan, 73 Meadowbrook Country Club Estates:  Mr. Morgan spoke about the Clayton Road project and MoDOT.  He asked if the sidewalks along Clayton Road will be the responsibility of Ballwin or MoDOT.  City Administrator Kuntz said that he believes that they will be Ballwin’s responsibility.  Since the City Engineer is not present at this meeting, if this is incorrect, he will provide correct information.  When amenities are requested, they usually become the maintenance responsibility of the jurisdiction.  Mr. Morgan asked who to contact regarding the project.  City Administrator Kuntz said that the Missouri Highway Commission is provided with funding through the State Legislature.  He said that the head of the Transportation Committee of the legislature is Neal St. Onge, who is a Ballwin resident and State Representative.  The retaining walls along Clayton Road will be the responsibility of MoDOT. 

Mr. Morgan asked about the type of backfill that MoDOT is using.  City Administrator Kuntz said that Ballwin has no inspection authority other than public health and safety coordination.  Mr. Morgan said that Missouri American Water is dumping truckloads of fill consisting of concrete chunks and bricks from the monuments that are being torn down along the road.  He said that this cannot be compacted and this is poor construction.

None. 

NEW BUSINESS 

LEGISLATION 

BILL # 3441 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BALLWIN TO CONFORM TO PRACTICES ADOPTED BY THE BOARD. 

A motion was made by Alderman Suozzi and seconded by Alderman Robinson for a first reading of Bill No. 3441.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3441 was read for the first time. 

A motion was made by Alderman Buermann and seconded by Alderman Pogue for a second reading of Bill No. 3441.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3441 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3441 with the following results: 

Ayes – Fleming, Kerlagon, Suozzi, Robinson, Terbrock, Buermann, Pogue, Lembke .    Nays – None.  Whereupon Mayor Young declared Bill No. 3441 approved and it became Ordinance No. 06-52. 

BILL # 3442 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO JACQUE JAMES FOR WINE TASTING. 

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3442.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3442 was read for the first time. 

A motion was made by Alderman Lembke and seconded by Alderman Kerlagon for a second reading of Bill No. 3442.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3442 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3442 with the following results: 

Ayes – Suozzi, Lembke, Fleming, Buermann, Pogue, Kerlagon, Terbrock, Robinson .    Nays – None.  Whereupon Mayor Young declared Bill No. 3442 approved and it became Ordinance No. 06-53. 

Liquor License:  A motion was made by Alderman Pogue and seconded by Alderman Buermann to approve the liquor license for Wine Necessities to sell package liquor not to be consumed on the premises.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

BILL # 3443 - 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 PSD PLANNED SINGLE FAMILY DEVELOPMENT DISTRICT. 

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3443.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3443 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. 3443.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3443 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3443 with the following results: 

Ayes – Fleming, Lembke, Buermann, Kerlagon, Suozzi.    Nays – Pogue, Robinson, Terbrock.  Whereupon Mayor Young declared Bill No. 3443 approved by a vote of 5-3 and it became Ordinance No. 06-54.  

BILL # 3444 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR CLAYTON BROOKE ESTATES AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI. 

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3444.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3444 was read for the first time. 

Alderman Terbrock asked how did the Planning & Zoning Commission unanimously recommend approval without a stub street, which is required by our ordinances.  Assistant City Administrator Aiken said that there is no place to connect a stub street in this development.  It is completely surrounded by an established developed subdivision.  This is an isolated parcel that can only be accessed from Clayton Road. 

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3444.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3444 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3444 with the following results: 

Ayes – Kerlagon, Lembke, Suozzi, Buermann, Fleming.    Nays – Robinson, Pogue, Terbrock.  Whereupon Mayor Young declared Bill No. 3444 approved by a vote of 5-3 and it became Ordinance No. 06-55. 

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 motion was made by Alderman Pogue and seconded by Alderman Buermann to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT 

Appointments:  Mayor Young said that there are vacancies to fill on the Board of Adjustment and Planning & Zoning Commission. 

Board of Adjustment:  Alderman Robinson recommended John Bachledor, Trustee in Wildwood Subdivision, for a position on the Board of Adjustment. 

Planning & Zoning Commission:  Alderman Robinson recommended Jim Lahey to the Planning & Zoning Commission.   

Alderman Fleming recommended Pat Apel be appointed to the Planning & Zoning Commission.  He said that Pat has served on the Board of Adjustment for the past 5 years, has done an excellent job and is very reliable.  He gave a brief summary of Mr. Apel’s resume.  Mayor Young said he would like to talk to the candidates before recommending them for appointment.  Mayor Young agreed to recommend Pat Apel for re-appointment to the Planning & Zoning Commission. 

A motion was made by Alderman Robinson and seconded by Alderman Suozzi to approve Mayor Young’s nomination of Pat Apel to the Planning & Zoning Commission.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

CITY ADMINISTRATOR’S REPORT 

Red Light Cameras:  City Administrator Kuntz asked for Board authorization to explore the concept on a corridor or regional basis.  He asked that Police Chief Biederman solicit input from other surrounding cities about a joint effort.  Price proposals can later be solicited with Board approval.  A contractual arrangement would not involve the partnering in purchasing equipment and being responsible for maintenance.  He said this is not about raising revenue but making our streets safer for pedestrians and motorists. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann to extend permission to staff to explore with the neighboring cities and contractors, the red light camera concept to improve public health and safety.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Future Meetings:  City Administrator Kuntz suggested that a Public Input Opportunity session for the 2007 budget be held on September 25 prior to the Board meeting.  Due to previous Board discussion, the Ambassador’s Club concept has been eliminated.  Mayor Young suggested that those attending this meeting have access to their ward aldermen’s business cards.  

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to accept the proposed meeting schedule, cancel the December 25 Board meeting, advertise the capital and operating budget work sessions, and publicize the Public Input Opportunity session.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Auto Sales:  City Administrator Kuntz suggested supporting a change to the State law regulating the percentage distribution of sales tax to cities that have auto dealerships.  The Auto Dealers’ Association may support this.  Mayor Young said that Senators Gibbons and Loudon are interested in making changes to some of the tax issues, and this is one of the issues.  If other cities agree on this, the Senators will be interested in helping promote the change.  Alderman Buermann suggested that Mayor Young promote this issue to the Lafayette Area Mayors’ Organization at the proper time.   

A motion was made by Alderman Buermann and seconded by Alderman Fleming to authorize City Administrator Kuntz to contact the neighboring cities and support drafting a Resolution endorsing the change to the vehicle sales tax distribution. 

Alderman Robinson asked how much revenue Ballwin receives from the auto sales tax from sales in Ballwin and resident purchases elsewhere.  Finance Officer Loehr said this is based on the number of sales, not dollars.  She said that 25% goes into a state-wide pool, and is distributed based on the number of sales.  City Administrator Kuntz said that the suggestion is that the percentage of stay-at-home point of transaction increase from 25% to 50% so that ¾ goes into the pool and Ballwin would get a 50-50 split.  Finance Officer Loehr explained that if a person does not live in Ballwin and buys a car in Ballwin, we get a portion of the 25% distribution.  If a Ballwin resident purchases a car in a neighboring city, 75% of the sales tax goes to the Ballwin.  With the 50-50 split, if a Ballwin resident purchases a car in a neighboring city, 50% of the sales tax will come to Ballwin.  Alderman Robinson said that this is trading 25% of the whole sales tax paid on a per car for a portion of 50% that will be shared with other cities in the pool. 

City Administrator Kuntz said that there are more people coming into Ballwin purchasing vehicles and returning to another city than there are people in Ballwin going to another city and buying a vehicle.  Alderman Robinson said he does not want to rely on the State to provide accurate figures because they say the formula is too difficult for us to understand.  City Administrator Kuntz said that we will do everything possible to present the figures to the Board at the next meeting prior to voting on the Resolution.   

Alderman Pogue asked for an explanation of expansion of a dealership.  Would the moratorium affect a dealership that wanted to expand on their existing property and add another line of cars.  City Administrator Kuntz said that this would only affect the legislative approval process that would come before this Board for anything that requires Board approval such as a special use exception, or consolidation of lots. 

A motion was made by Alderman Lembke and seconded by Alderman Suozzi to draft a Resolution for consideration to establish a moratorium on the construction of a new or the expansion of any existing auto sales business in Ballwin that requires approval or legislative approval by the Board of Aldermen until December 31, 2007.   

Alderman Buermann suggested amending the motion to have the moratorium end at the same time as the end of the 2007 State Legislative session.  Alderman Suozzi said this is toward the end of May.  Alderman Lembke accepted the amendment.   

Alderman Robinson asked why the moratorium was suggested.  City Administrator Kuntz said that there are some potential development sites in our commercial zone which would take away retail potential if developed in automotive uses.   

Alderman Suozzi said that the moratorium fits in well with the Comprehensive Plan process.  If we continue to allow auto dealerships to go everywhere, it will be a harder fight for sales tax revenue.   

A voice vote was taken with a unanimous affirmative result and the motion passed. 

Storm Clean Up:  City Administrator Kuntz said an additional factor in the recent storm clean up was the widespread power outage.  He suggested that under those conditions, when notification is slowed, the program time frame be expanded to give residents time to deal with the effects of the power outage before the damaged tree limbs have to be put out.  Mayor Young agreed that residents should be given extra time when a widespread power outage is experienced.  At that time, some residents won’t have phone or internet service.   

Alderman Lembke suggested putting out lawn signs announcing the tree limb pick up start date.   

City Attorney Lucchesi suggested the following:  “In the event of widespread power outages, start up of the pick up program will be delayed until AmerenUE reports service restoration, and then extend for an additional 7 days.”  The Board concurred with this approach. 

Alderman Buermann suggested an article in the resident newsletter to explain the program. 

Bulk Trash Pickup:  Alderman Lembke said that residents need to be reminded that Allied Waste should be called ahead of time to pickup up white goods.   

Business License Fee Request:  City Administrator Kuntz said that a business has requested that we reconsider the fee formula.  This is a retro active request that does not provide documentation.  Alderman Lembke said that when a request is made for a refund of the State sales tax, every State sales tax filing that has been made must be amended that pertains to the period of time in question.   

A motion was made by Alderman Fleming to discuss in closed session possible litigation aspects of this issue.  City Attorney Lucchesi said that this matter has come to the Board before.  At that time, the decision was made not to issue a refund.  Alderman Fleming amended the motion to table this discussion until the closed session can be held at the end of this meeting’s agenda.  The motion was seconded by Alderman Lembke.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

AT&T Video:  City Administrator Kuntz said that he has received a proposal from the Municipal League for Ballwin to form a consortium with other cities to unitedly deal with AT&T on this issue.  City Attorney Lucchesi said this is the best method.   

A motion was made by Alderman Lembke and seconded by Alderman Robinson to join the consortium.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Policy Manual:  City Administrator Kuntz said the Board Policy Manual can be discussed in open meetings.  He suggested that the Board review sections 1 – 3 for discussion or suggestions at the next Board meeting.  In this way, the Board review can be completed in 2 or 3 meetings.  The Board agreed to start the review of Sections 1 – 3 at the next meeting. 

City Attorney Lucchesi recommended that the Board meet in closed session following this agenda to discuss a personnel matter. 

Municipal Judge position:  Alderman Buermann reminded the Board to turn in their paperwork to Human Resource Coordinator Morrison.  After the selection process is complete, questions from the public or media can be addressed.   

West County Chamber of Commerce – Manchester Road Corridor:  Alderman Kerlagon said that he and Frank Karr are attending meetings at the West County Chamber of Commerce.  He said he is attending the meetings as a business person and not as an Aldermanic representative.  He said the Chamber is trying to improve business along the Manchester Road corridor and is distributing a questionnaire to acquire more consumer information.   

Finance & Administration Committee Meeting:  

AGENDA 

Alderman Fleming said that the committee met at 6:00 p.m. prior to this Board meeting.  Documents were presented that can be useful for the Public Input Opportunity Session on the budget.  He recommended another committee meeting on September 11 at 6:30 p.m. to review the final version of these documents.  The committee and Board agreed.

Weeds and trash on bridges:  Alderman Terbrock said that he has noticed that weeds are blocking the walkway on the bridge on Ramsey and Old Ballwin Road over Fishpot Creek.  He said that trash also collects in these areas.  One of the fences is terribly overgrown with poison ivy.  He asked what can be done to keep these areas cleaned up for pedestrians.  He said that this situation is not pedestrian friendly.  Alderman Suozzi said the same situation exists on Hillsdale and Skyline.  He suggested that the appropriate staff be assigned to maintaining on a regular basis 

Closed Session:

A motion was made by Alderman Fleming and seconded by Alderman Lembke to adjourn to closed session to discuss legal and personnel matters with the City Attorney and personnel.  A roll call vote was taken with the following results:  Ayes:  Suozzi, Pogue, Buermann, Terbrock, Robinson, Lembke, Fleming, Kerlagon.  Nays:  None.  The motion passed to adjourn to closed session at 8:24 p.m.

The Board convened in closed session at 8:26 p.m.

A motion was made by Alderman Robinson and seconded by Alderman Buermann to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 8:45 p.m.

The Board reconvened in open session at 8:47 p.m.

Mayor Young announced that the Board met in closed session to discuss City Attorney Lucchesi’s retirement plans.  The Board also reviewed Schnucks business license fee adjustment request and determined that no change would be made without further documentation. 

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 8:48 p.m.

ATTEST:

MC