Board of Aldermen Meeting Agendas & Minutes

 

Every effort is made to ensure that the Agendas and Minutes provided on this and subsequent pages is timely and correct; however, users should keep in mind that this information is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Ballwin should be consulted.

The Board of Aldermen meet on the second and fourth Mondays of each month at 7 p.m. in the Board Room of the Ballwin Government Center, 1 Government Ctr. Schedule and place subject to change. Meetings are open to the public. All citizens are urged to attend.

Board of Aldermen Meeting

Meeting Agenda

City of Ballwin Board of Aldermen Meeting Agenda and Briefs
Agendas and Briefs are available before a meeting takes place.
Minutes of a meeting are reviewed at the following meeting and are available after approval by the Aldermen.

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE

January 10, 2005
The meeting was called to order by Mayor Jones at 7:00 p.m.
 PRESENT
ABSENT
Mayor Robert E. Jones
 
Alderman Press McDowell
 
Alderman Tim Pogue
 
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 December 13, 2004 Board of Aldermen meeting were submitted for approval.  Alderman Fleming amended Page 4, second line from bottom of page, “objections” should be “objectives”.  A motion was made by Alderman Buermann and seconded by Alderman Suozzi to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
At the request of Mayor Jones, a moment of silence was observed for the victims of the Tsanami in Indonesia and Southern Asia. 
OLD BUSINESS
BILL # 3319 - AN ORDINANCE AMENDING CHAPTER 1, SECTION 1-2 ENTITLED “DEFINITIONS” BY THE ADDITION OF CERTAIN DEFINITIONS FOR REGULATION OF SMOKING IN PUBLIC AND WORK PLACES, AND BY THE ADDITION IN CHAPTER 17, OF A NEW SECTION 17-65 ENTITLED “BALLWIN CLEAN AIR ACT”.
Mayor Jones asked if there is further discussion of this proposed legislation. 
Alderman Robinson said that the effective date in the proposed bill is January 2, 2006 for all businesses. 
A motion was made by Alderman Robinson and seconded by Alderman Gatton to change the date to become effective 60 days from and after the date of passage and approval, and that smoking will not be permitted for all places of employment with the exception of bars and food establishments that were licensed to serve alcoholic beverages for consumption by-the-drink on or before December 1, 2004;
Smoking will not be permitted in bars and food establishments that were licensed to serve alcoholic beverages for consumption by-the-drink on or before December 1, 2004, effective January 2, 2006;
Smoking will not be permitted for all places of employment including bars and food service establishments that were licensed to serve alcoholic beverages for consumption by-the-drink on or after December 1, 2004, and that this ordinance shall become effective 60 days from the date of its passage and approval for those specific businesses. 
Alderman McDowell asked Alderman Robinson to restate the amendment.  Alderman Robinson said this amendment will have all places, except bars and restaurants that are licensed to sell alcohol by-the-drink, effective 60 days from passage.  With respect to bars and restaurants that were licensed prior to December 1, 2004, the effective date will be January 2, 2006.  Any bar or restaurant that is licensed to sell alcohol by-the-drink after December 1, 2004 would have the same effective date which will be 60 days from its passage. 
Alderman Robinson said there was a lot of discussion at the last meeting regarding the effective date.  He said the bill that originally came out of committee had two different dates.  The committee felt by a 3-1 vote that effectiveness of the bill within 60 days would be the best and having the delayed effective date for bars and restaurants and licenses to serve alcohol by-the-drink to give them time to adjust and time for the municipalities surrounding Ballwin to enact similar legislation.  This was at the request of some of the business owners. 
Mayor Jones asked that all in favor of the motion to amend Bill # 3319, please say Aye.  Aldermen Pogue, Suozzi, Robinson, Fleming Gatton, and Lembke voted Aye; Aldermen Buermann and McDowell voted Nay.  The motion passed and Bill # 3319 was amended. 
Mayor Jones asked if there is further discussion.  Alderman Fleming said there are many ordinances similar to this in this country that he has seen that have an extended time line with an education process with a gradual phase in; some have exceptions to “grandfather” businesses that have been in the community a long time, or other types of businesses, but Bill 3319 is a total ban.  Some have restrictions with smoking hours or limit smoking to just the bar section of a restaurant; some have been started by health departments and citizen groups, but Bill 3319 was started by the Board.  If this bill passes, Ballwin will be one of a very small number of local governments who have passed a complete and outright ban.  He said given Ballwin’s current dependence on sales tax, he does not think the Board should take a chance of alienating the business community or doing something that might negatively impact them.  This is a worthwhile goal but this is not the time to do this.  He said this legislation is very strong. 
Alderman Fleming said that Section E states that all ashtrays and smoking paraphernalia shall be removed from the premises.  He said this bill says that an owner can be fined $250 for having an ashtray in the place of business.  There are a lot of similar problems with this bill and the Board should backup and take more time to consider this.  Alderman McDowell agreed with Alderman Fleming.  He said the timing and some of the smaller items in the bill are not right at this time.  He said he is prepared to vote Nay.
Alderman Robinson said this bill has been discussed since August, 2004.  He said Alderman Fleming has never mentioned a problem with the ashtrays or presented a plan other than complain about this being a ban.  He said he has not received a plan from either aldermen relating to different proposals and how to approach this.  And now to come forward on the night when a vote will be taken and say they have a problem with a fine of $250 because an ashtray is left out, is not fair to this Board, to the business owners, and to the Ballwin residents.  He said a vote should be taken now.
Alderman Fleming asked Alderman Robinson if he disagrees that a fine of $250 could be issued for leaving out an ashtray.  Alderman Fleming said he has spent a lot of time reading this proposed legislation.  He said he has brought up some of these issues at public hearings, but because he was not on that committee, he said he didn’t want to overstep his bounds and interject more than any other citizen.  He said a gradual plan and time line could have been formulated that would gain some community acceptance.  He said there was not a groundswell of public opinion in favor of this bill.  It has a worthwhile goal and smoking and second-hand smoke is bad.  He said it won’t affect his daily life because he doesn’t go to the smoking bars.  Alderman Fleming said the Board has gone too far with this.  Ballwin is dependent on sales tax.  Is the Board doing something that might harm a business?  There is a perception, whether it’s true or not, that this bill will put someone out of business.  People would rather see us concentrate on streets and budget issues.  He said he does not feel that this is the right place and time for this decision to be made.  Alderman McDowell agreed. 
A motion was made by Alderman Robinson and seconded by Alderman Gatton for a second reading of Bill No. 3319 with the amendment that was passed to Section 2, which is the effective date.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3319 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3319 with the following results:  Ayes – Robinson, Lembke, Pogue, Gatton, Suozzi.   Nays – Buermann, McDowell, Fleming.  Whereupon Mayor Jones declared Bill No. 3319 approved and it became Ordinance No. 05-01.
BILL # 3326 - 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.
Mr. Jeff Thomas, representing the developer, requested withdrawal of this bill.  Mayor Jones asked if his intent is to withdraw Bill 3326 for the rezoning of this tract from R-1 to R-3.  Mr. Thomas said yes and that they will submit a 3-lot plan that will take the place of the current 5-lot plan.  Mayor Jones said that on January 3, the developer came to the Planning & Zoning Commission with a 3-lot configuration, with 2 lots facing on Ries Bend and the third lot being accessed off of the old cul-de-sac.  That subdivision plan, together with another petition for rezoning for R-1 to R-3, was not heard by the Planning & Zoning Commission because the petitioner was informed that Bill 3326 was before the Board of Aldermen.  Now the petitioner is asking the Board to withdraw this bill from consideration, which can be done if the Board allows this with a majority vote.  He will come back to the Planning & Zoning Commission with both the 3-lot subdivision proposal and the rezoning on the first Monday in February.  Mr. Thomas agreed that this is correct. 
A motion was made by Alderman Lembke and seconded by Alderman Robinson to allow the withdrawal of Bill 3326 from consideration by this Board.  A voice vote was taken with a unanimous affirmative result and the motion passed. 
NEW BUSINESS
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
Lynn Goetz, 14706 Clayton Road:  Mr. Goetz complimented Alderman McDowell for doing a good job in analyzing and asking questions regarding the smoking ban legislation. 
Frank Neiman, co-owner of Frick’s Bar & Grill:  Mr. Neiman said that during the last 6 months, he and his partner have not taken a salary.  Six weeks ago, he laid off the kitchen manager who has worked for him for 6 years.  Mr. Neiman said this laid-off employee is a 43-year old man who is now looking for another job in the restaurant business.  He installed a $5,000 system to remove the smoke from the restaurant.  His business has decreased already because of the pending smoking ban.  He said he will work hard to overcome this obstacle. 
Patrick O’Driscol, 449 Ivywood:  Mr. O’Driscol spoke in opposition to putting vinyl siding on the old School House.  He said it should be painted white and the cracks filled.  He could not find in the Historical Commission Minutes the motion and approval to use vinyl siding on the school house.  He said the wood on the structure is the original wood that was used when it was constructed.  If it is covered, damage from water, termites, rot, etc. will be hard to find and repair.  He said he checked on the internet and discovered that historians to not like vinyl put on historical buildings.  Mayor Jones asked if the Ballwin Historical Commission has made a recommendation on this issue.  Mr. O’Driscol said they made a motion but it is not in the Minutes.  Mayor Jones said he will contact the chairman of the commission.  He said if this is within the budget and this is the decision of the commission, the Board is not likely to change it.  Alderman Gatton said he would like to hear the Historical Commission’s position on this. 
NEW LEGISLATION
BILL # 3333 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN TO ENTER INTO AN AGREEMENT WITH THE GOVERNORS OF THE SUBDIVISION KNOWN AS COACHLIGHT, UNDER AN INDENTURE OF TRUST AND RESTRICTIONS FOR THE DEVELOPMENT.
A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3333.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3333 was read for the first time.
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3333.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3333 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3333 with the following results:  Ayes – Lembke, McDowell, Robinson, Fleming, Suozzi, Gatton, Buermann, Pogue.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3333 approved and it became Ordinance No. 05-02.
BILL # 3334 - AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 6, ARTICLE 6, DEALING WITH THE BALLWIN FINE ARTS COMMISSION IN THE CITY OF BALLWIN.
A motion was made by Alderman Gatton and seconded by Alderman Pogue for a first reading of Bill No. 3334.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3334 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. 3334.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3334 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3334 with the following results:  Ayes – Buermann, Gatton, Robinson, Pogue, Lembke, McDowell, Suozzi, Fleming.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3334 approved and it became Ordinance No. 05-03.
BILL # 3335 - AN ORDINANCE AMENDING CHAPTER 6, ARTICLE III ENTITLED “BALLWIN HISTORICAL COMMISSION” TO FACILATE COMMISSION OPERATION.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3335.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3335 was read for the first time.
A motion was made by Alderman Gatton and seconded by Alderman Suozzi for a second reading of Bill No. 3335.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3335 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3335 with the following results:  Ayes – Gatton, Pogue, Suozzi, McDowell, Fleming, Robinson, Lembke, Buermann.   Nays – None.  Whereupon Mayor Jones declared Bill No. 3335 approved and it became Ordinance No. 05-04.
BILL # 3336 - AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN TO BRING THE CODE OF ORDINANCES INTO COMPLIANCE WITH PHASE II STORM WATER REGULATIONS.
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3336.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3336 was read for the first time.
A motion was made by Alderman Robinson and seconded by Alderman Gatton for a second reading of Bill No. 3336.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3336 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3336 with the following results:  Ayes – Robinson, Lembke, McDowell, Suozzi, Fleming, Pogue, Buermann, Gatton.   Nays – None.  Whereupon Mayor Jones declared Bill No. 3336 approved and it became Ordinance No. 05-05.
BILL # 3337 - AN ORDINANCE ADOPTING AND ESTABLISHING A ZERO TAX RATE FOR REAL PROPERTY IN THE CITY OF BALLWIN FOR THE FISCAL PERIOD BEGINNING    JANUARY 1, 2005 AND ENDING DECEMBER 31, 2005.
A motion was made by Alderman Lembke and seconded by Alderman Suozzi for a first reading of Bill No. 3337.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3337 was read for the first time.
A motion was made by Alderman Buermann and seconded by Alderman Gatton for a second reading of Bill No. 3337.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3337 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3337 with the following results:  Ayes – Buermann, Gatton, Lembke, Robinson, McDowell, Fleming, Suozzi, Pogue.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3337 approved and it became Ordinance No. 05-06.
CONSENT ITEMS
A.
Police Cars
B.
School House Improvements
C.
Parks Vehicle Replacement
Alderman Gatton asked that Item B (School House Improvements) be removed from the Consent Items for further discussion.
A motion was made by Alderman Suozzi and seconded by Alderman Lembke to accept Items A and C of the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.
MAYOR’S REPORT
S.U.E. Transfer – Dick Dean Automotive:  Mayor Jones asked if the Board is inclined to make a motion to transfer the Special Use Exception as requested by Dick Dean Economy Cars, Inc. to     Con, LLC.  A motion was made by Alderman Gatton and seconded by Alderman Pogue to grant the transfer.  A voice vote was taken with a unanimous affirmative result and the motion was passed.
City Administrator Kuntz said there is a companion request for the extension of the timeframe for compliance of the Special Use conditions.  Mr. Steib had indicated that because of the real estate transaction, they will be able to make the completion by April 15, 2005, subject to Board approval.  Mayor Jones asked if the deadline or expiration of the extension would be April 15, 2005.  City Administrator Kuntz said that Mr. Steib suggested that this would be an agreeable date. 
Alderman Lembke expressed displeasure that a representative from the company was not present to answer any questions from the Board, and that the company should be formally informed of the April 15 deadline.  He said they missed the last expiration date and now the Board is faced with making commitments without questions being answered.  Alderman Buermann said that because of weather conditions, it may not be possible for the completion to be made on April 15.  What will happen on April 16 if they miss the deadline again.  Alderman McDowell said that they will be granted more time.  The goal is to get this done, and he has no problem granting another extension.  He said he does not want to beat this company up if they don’t make the deadline.  Alderman Pogue said that the company has had over a year to come into compliance.  He said the company should be held to the April 15 deadline.  Mayor Jones said that this is premature to discuss what will happen if they don’t make the April 15 deadline.  April 15 should be the date granted to them in the Special Use Exception.  It will come back to the Board at that time if they don’t meet the deadline and a decision can be made at that time.  Mayor Jones agreed that the company should be provided with a copy of the Minutes of this meeting, which fully reflects the discussion of the Board on this issue.
Alderman Lembke said that the Dean Team and Dick Dean has been an exemplary business and resident of Ballwin, but the time has come that they should operate the business in a fashion that is in compliance with what they say they are going to do and when they are going to do it.  Alderman Buermann asked if they are not in compliance on April 16, is the Board going to revoke the S.U.E.  Mayor Jones again said that this is outside the scope of this discussion.  They have asked for an extension to April 15, 2005.  Alderman Lembke said he will state “on the record” that if this comes back before the Board again after April 15, he will not be inclined to grant another extension.  Alderman Suozzi said that she is concerned that if the weather is not agreeable they can’t get the work done on the detention basin that has been needed for the last 10 years, for the record, she wants the job done right.  If weather is going to prohibit that from happening, she doesn’t think there is any choice but to grant an extension at that point in time.  City Attorney Lucchesi advised that the Board not speculate on the record what it is going to do or not do.  He said the Board should vote on this now and tell them that they have an extension. 
A motion was made by Alderman Buermann and seconded by Alderman Lembke to extend the Special Use Exception until April 15, 2005 for Con, LLC.  A voice vote was taken with a unanimous affirmative result and the motion was passed.
CITY ADMINISTRATOR’S REPORT
School House Improvements:  City Administrator Kuntz said that he spoke with Mr. O’Driscol last week and he indicated that the Minutes of the Historical Commission meeting did not reflect the actual recommendation.  He said there was a presentation and this was the spirit of the recommendation from the group.  Administrative Assistant Clark spoke today with Chairman Pisarkiewicz and relayed his suggestions that while their recommendation would be considered very seriously and be held in high regard from the Board of Aldermen, it was a budgeted expenditure and it is the Board’s determination, not the decision of an advisory group.  Since there is a discrepancy in the Minutes, he asked that they reconfirm their intention that that this be shared with the Board to eliminate controversy.
City Administrator Kuntz said that the cost is not for vinyl siding.  This is dual improvement that includes the construction of a bell tower.  The donation was the siding and the labor to install it.  The $16,000 is for the construction of the bell tower.  Chairman Pisarkiewicz said that the intention of the Commission will be restated at the next meeting.  Since the Commission is meeting on January 11, this can be on the January 24 Board agenda.
Agenda Change:  City Administrator Kuntz said that at the suggestion of the Board, sponsors of legislation will be the names of the specific Aldermen that ask for or request the legislation.  Also, when a bill has been read once and held over for any reason, it legitimately becomes “old business”.  There will always be an opportunity for public comment.  The new format on tonight’s agenda was a suggestion that added to the efficiency of the meeting.  When there are circumstances like this in the future, this format will be used as a Board procedure.  Mayor Jones said that some cities take Citizen Comments or Requests to be heard, at two different points in the meeting.  In the beginning of the meeting, they take Citizen Comments for items that are on the agenda, and at the end of the meeting, Citizen Comments are heard for items that are not on the agenda.  Through the agenda process, some of the questions are answered that may be posed at a later time. 
Workshop Planning Retreat on January 29:  City Administrator Kuntz said that Tim Roof, a representative from the Buxton Group, will make a presentation regarding retail retention.  He will be making a presentation on January 27 to the County Municipal League, and he will also make a presentation at our Workshop Planning Retreat at no cost to the City. 
Alderman Buermann said that in the first 10 days of this year, we have lost three businesses.  This is not a good trend.  The revenue figures from Schnucks have been steadily going down over the last 4 years.  The Board needs to formulate a good plan because revenue is going to get much tighter.  He asked for an inventory of the vacant business space in Ballwin.  Every year that goes by, the center of the economy is shifting further west.  The revenues have been flat for the past 6 years.  Value City, Futon Express, and Hi Fi Fo Fum are the three businesses that Ballwin is losing.  City Administrator Kuntz said it is a negative perception that a vacant building does not indicate a healthy economy, particularly in a high visibility area.  City Administrator Kuntz agreed to provide an inventory of the vacant business spaces before the January 29 Planning Retreat.
City Administrator Kuntz said an analysis of the current businesses that may not be a good fit will also be discussed. 
Closed Session:  City Administrator Kuntz said there are real estate issues that have been carried over for 3 meetings and direction is needed.  This closes session will take place at the end of the regular open session.
CITY ATTORNEY’S REPORT
Sign Code Change – Murals:  City Attorney Lucchesi said the draft legislation will allow the secondary schools to use murals.  It will also allow other people to do this if they pay for it, and it prohibits what they cannot do.  It will bring in a fair amount of money if people want to put murals on their buildings.  Alderman Buermann asked about prohibiting letters, numbers and lights.  Numbers and letters are probably going to be part of murals.  Alderman Suozzi said this is to discourage commercial use.  Alderman Buermann said he wants to know that the residents surrounding the school are okay with this issue.  Mayor Jones suggested putting this legislation on the next agenda, notify the people requesting this change, and further discussion could be held at that time. 
Alderman McDowell said that someone owning a building or house can pay the fee and have a mural painted on the side of their house.  He asked if this is correct.  City Attorney Lucchesi said yes this is correct; however, this will only be in certain areas, because schools are different even though they are in residential areas, but this won’t usually be in residential areas, just commercial areas.  Alderman McDowell asked if murals could be used along New Ballwin Road.  City Attorney Lucchesi said yes, in areas that are zoned commercial. 
Alderman McDowell asked about the restriction on letters and numbers.  City Attorney Lucchesi said murals are classified as “works of art” and works of art normally do not have trademarks, flashing lights, etc.  A mural is considered something that would apply to the Art Museum and not a bar.  Alderman McDowell asked what would happen if someone put John 3:16 into the mural?  This a work of art.  He said if he put John 3:16 into his mural, that is as much art to him as catfish swimming down the Mississippi River to a fisherman.  City Attorney Luchesi said that this can be done in the present sign ordinance.  What is being changed is the size of the sign, not the fact that this could not be done.  Alderman Suozzi said the proposed legislation does not allow the use of numbers, letters, and trademarks.  It allows for murals, but says numbers, letters, moving parts, or lights cannot be used.  John 3:16 would not be allowed in a mural.  Alderman Robinson said this does restrict content.  He suggested that the Board not get involved in this area.  Alderman Suozzi disagreed.  She said the proposal does not say what words are allowed, it’s saying that no words, letters, or numbers are allowed. 
Mayor Jones said that this discussion is putting the cart before the horse, and this legislation will be put on the agenda, there will be discussion, and then a vote will be taken.  Anyone can bring an item of legislation to this Board and it deserves to be voted on. 
Alderman McDowell said he agrees to bring this legislation before the Board, but this is a clarification at this time.  Alderman Robinson asked who is bringing the legislation to the Board?  City Attorney Lucchesi said whoever makes the motion is bringing it to the Board for consideration.
A motion was made by Alderman Suozzi and seconded by Alderman Lembke to draft legislation for consideration.  A voice vote was taken with 7 yes votes and Alderman Robinson voting Nay.  The motion passed.  Mayor Jones said this item will be considered on the January 24 Board of Aldermen agenda.
Pending Litigation:  City Attorney Lucchesi said this item became public record the minute the lawsuit was filed.  We were authorized to initiate a lawsuit against Clayton Engineering for essentially dereliction of their duties with respect to the construction.  He wants to be sure the Board still wants to go forward with this.  He talked to the Attorney for Clayton Engineering on Friday.  There is a dispute and they are not willing to move from their position.  City Attorney Lucchesi said he was not willing to move from the position that this Board has authorized him to do.  He asked the Board if they still want to file the lawsuit.  City Attorney Lucchesi said a motion is not necessary to move forward, just a consensus.  Mayor Jones asked if anyone disagrees with this plan.  There were none.  Alderman McDowell said he supports all of the options presented.  Alderman Robinson said to proceed, and the Board agreed.  Mayor Jones said this is a unanimous consensus. 
ALDERMANIC COMMENTS
Military Discounts at The Pointe:  Alderman Gatton said he was contacted by a resident who explained that his daughter was home from Iraq.  She is in the Army as a Black Hawk pilot.  She was having to pay $6 each time she visited The Pointe to keep fit.  He suggested that for military personnel that are on leave, that they be given a discount or other consideration.  He said that City Administrator Kuntz and Director of Parks and Recreation Bruer suggested that the Board consider giving military personal a 50% break on the 20 visit punch card.  He said people that are on leave have a military ID and leave papers.  This would be the necessary documentation. 
City Administrator Kuntz said if the fee was set by ordinance, an ordinance will be required to change it.  If the fee was set by policy, then this could be implemented subject to a motion.  This can be on the next agenda in the appropriate format. 
A motion was made by Alderman Gatton and seconded by Alderman Lembke to present this issue on the next agenda for Board consideration.  A voice vote was taken with a unanimous affirmative result and the motion passed.
Adjourn to Closed Session:  A motion was made by Alderman Lembke and seconded by Alderman Suozzi to adjourn to closed session, according to the provision of Section 610.011 of the Missouri statutes for the purposes of discussing the sale of real estate.  A roll call vote was taken with the following results:  Ayes: 
Gatton, McDowell, Lembke, Fleming, Pogue, Suozzi, Buermann, Robinson.  Nays:  None.  The motion passed to adjourn to closed session at 8:08 p.m.
The Board convened in closed session at 8:09 p.m.
A motion was made by Alderman Gatton 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 8:18 p.m.
The Board reconvened in open session at 8:19 p.m.
Mayor Jones announced that the Board met in closed session to discuss real estate.
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 8:21 p.m.