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
MEETING NOTICE AND MEETING CANCELLATION 
The Ballwin Board of Aldermen will conduct a special aldermanic retreat workshop on Saturday, May 1, from 8:00 a.m. – 12:00 noon at the Ballwin Government Center lower level conference room at 14811 Manchester Road.  The purpose of this session will be to discuss strategic planning and related issues. 
It is not expected that any official action will be taken at this meeting. 
This meeting and all other meetings are open to the public and the building is handicapped accessible.
The May 10 Board of Aldermen meeting has been cancelled.
The next regularly scheduled meeting will be held on May 24 at 7:00 p.m. in the Board Room of the Donald “Red” Loehr Police and Court Center at 300 Park Drive.  
Robert Kuntz, City Administrator 
Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation.  If you are a person requiring an accommodation, please call (636) 227-8580 (V) or (636) 527-9200 (TDD) or 1-800-735-2966 (Relay Missouri) no later than 5:00 P.M. on the third business day preceding the hearing.  Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.

Meeting Minutes

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

April 26, 2004
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 Bruce Anderson
Alderman Kenneth W. Buermann  
Alderman Jane Suozzi  
Alderman James Robinson  
Alderman Charles Gatton  
Alderman Ray Lembke  
City Administrator Robert Kuntz  
City Attorney Lionel Lucchesi  
The Pledge of Allegiance was given.
The Minutes of the April 12, 2004 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Lembke and seconded by Alderman Gatton to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
OATH OF OFFICE
The Oath of Office was administered to Tim Pogue for Ward 1, Jane Suozzi for Ward 2, Frank Fleming for Ward 3, and Charles Gatton for Ward 4.
SECOND ROLL CALL
PRESENT
ABSENT
Mayor Robert E. Jones  
Alderman Press McDowell  
Alderman Tim Pogue  
Alderman Kenneth W. Buermann  
Alderman Jane Suozzi  
Alderman James Robinson  
Alderman Frank Fleming  
Alderman Charles Gatton  
Alderman Ray Lembke  
City Administrator Robert Kuntz  
City Attorney Lionel Lucchesi  
PROCLAMATION
Mayor Jones presented a Proclamation to Mrs. Dorothy Speed.  She has been a distinguished resident of the City of Ballwin since 1927.  She was born on April 21, 1904 in St. Louis, Missouri and celebrates her 100th birthday. 
RESOLUTION
Mayor Jones proposed that the Board adopt a Resolution recognizing the 50th anniversary of Holy Infant School and its many contributions to the community.  A voice vote was taken with a unanimous affirmative result and the Resolution was adopted by the Board of Aldermen.  Mayor Jones then presented a copy of the Resolution to Sister Rosario representing Holy Infant School and Parish. 
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
Mayor Jones said a Public Hearing was held on January 4, 2004,at the Planning & Zoning Commission with respect to Bill # 3284 (The Villas At Meadowbrook).  The Board considered Citizen Comments for nearly 2 hours at its March 8, 2004 meeting.  He asked that public comments on this petition not be repetitious from the previous meetings and that only new concerns and information be presented tonight.
Dan Fox, 20 Meadowbrook Country Club:  Mr. Fox said he supports the proposed rezoning for the Villas at Meadowbrook.  He said there will be control of the initial development and the ongoing common area maintenance.  The buildings will be constructed in a first-class manner.  This type of development is ideal to abut the golf course.  Based on the pricing of the new units, the surrounding home values will increase and thus increase the tax base to Ballwin.  He said the sale of this property will allow Meadowbrook to improve its financial condition, pay down existing debt, make much needed capital improvements, and insure its long term success. 
Joe Basso, General Manager of Meadowbrook Country Club:  Mr. Basso gave a history of how the plan for the Villas evolved.  He said in 1958 the golf course, country club and residential community was developed.  It has been a benefit to Ballwin’s growth and expansion over the years.  He the amenities and services are being expanded and developing a long range plan for all of the club’s facilities that will be funded from a portion of the proceeds of this sale.  The capital will be generated to continue to grow and expand the club.  This proposed development is part of the plan for the future.  He said they are not just selling land, they are investing in the future.  This proposed development will be a valuable asset to the community. 
John Kelly, 44 Meadowbrook Country Club Estates:  Mr. Kelly supports the proposal.  He said it is well planned and has good financial backing for all involved entities.  The property values will be enhanced and this development will expand housing opportunities and variety. 
Rob Epstein, 88 Meadowbrook Country Club Estates:  Mr. Epstein spoke in favor of the Meadowbrook proposal.  He believes that this is the highest and best use of the site.  There have been 24 lot deposits already received.  This development addressed the housing needs of the aging population.  He said that nothing stays as it is forever and zoning does not remain unchanged forever.  He said that Meadowbrook has a financial need to sell this land and this is the best offer that has been made.  The golf course is private property, not a park and not public land.  The club has the right to sell the property and they have elected to do just that.  He asked the Board to support the zoning change.
Dr. Heblig Love:  Mr. Love said he lives in another part of St. Louis County and joined the golf club a couple of years ago.  He said if the development plan is accepted, he plans to buy one of the units and become a citizen of Ballwin.
Larry Midhouse, 339 Waverly Place Ct.:  Mr. Midhouse said he is a member of Meadowbrook Country Club and he is in favor of the proposal.  The single family home owners in his area have not complained about the attached residential home owners whose properties abut their properties.  Their property values have increased.  The Meadowbrook development will do the same for the Chesterfield community surrounding them.  He asked the Board to vote in favor of the proposal.
Irene Fox, 37 Meadowbrook Country:  Ms. Fox said she has live at this location for 30 years.  She wants to move from her house to the Villas at Meadowbrook.  The development will be an asset to Ballwin, the country club, and the residents.  She wants to stay in Ballwin and this development will give her the opportunity to do this. 
Brad Gilmore, Meadowbrook Country Club Estates:  Mr. Gilmore said he is in favor of the Villas at Meadowbrook. 
Rich Brewer, 103 Meadowbrook Country Club:  Mr. Brewer spoke in opposition to the proposed development.  He said he feels for the country club members because they have a financial responsibility they are trying to cover.  The property could be developed into a high quality R-1 development.  He is opposed to the cul-de-sac close to his back yard and will decrease the value of his property even if the homes are high quality. 
Joe Hartnett, 15567 Meadowbrook Circle Lane:  Mr. Hartnett is a Trustee of Twin Estates at Meadowbrook.  He spoke representing the subdivision and other concerned neighbors.  They are opposed to the request for re-zoning.  He believes that all of the issues raised have not been addressed.  The buffer issues and wetlands have not been thoroughly addressed.  Zoning ordinances are in place to guide and limit owners in the development of their property and there is a strong legal basis for retaining the current R-1 zoning.  Courts have held that the highest economic value to the owner should not be the controlling factor in zoning decisions, otherwise the full concept of zoning, which by its nature restricts the use of land, becomes meaningless.  The country club president has stated in writing that the don’t need this to continue to operate.  Ballwin’s strategic land use plan calls for this area to be R-1.  This area can be developed appropriately under R-1 zoning.  Changing the zoning opens the City up to future claims for even higher density use.  Good planning calls for appropriate transitions between higher density use and lower density use.  It doesn’t allow high density areas to be placed in the middle of low density areas.  The current proposal would place attached units on lots as small as 6,200 square feet between Meadowbrook Country Club Estates with single family detached homes on lots over 40,000 square feet and other neighboring subdivisions with single family detached homes on lots averaging 12,600 square feet.  This is placing higher density in the middle of lower density.  He said there is no compelling reason to change the current zoning.  He asked the Board to retain the integrity of the current zoning plan and keep this area R-1. 
LEGISLATION
BILL # 3284 - 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 TO PLANNED SINGLE FAMILY DWELLING DEVELOPMENT (PSD) DISTRICT.
Mayor Jones said this bill has been read once.  He asked if there is a motion for a second reading.
A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3284.  A voice vote was taken with an affirmative result, Alderman Robinson voting No, and the motion was declared passed.  Bill No. 3284 was read for the second time.
Alderman Gatton asked about the status of the wetlands.  Barry Simon, President of Simon Homes, said his representative has met with the Army Corps of Engineers and has applied for a permit.  They will be able to satisfy the wetland requirements.  Scott Harding, wetland consultant with SCI Engineering, said the wetlands that are on site are a drainage way that travels through the site and passing on through the golf course, and a wetland that was caused by the formation of a small silted-in pond.  The water became shallow enough that there were wetland plants growing.  He said this will probably not be considered a preservable wetland.  This small wetland will probably not be considered important by most review entities.  He is looking for alternatives to be presented to the Corps. 
Alderman McDowell said that financial standing of a business should not be a basis for a zoning change.  The argument that the country club may be in financial trouble or that this is part of their financial future is not part of the evaluation for a zoning change.  The justifications for a zoning change are, 1) an error in the original zoning designation, 2) change in the general land use pattern of a neighborhood, 3) existence of a significant natural physical characteristics of a site that prohibits the development allowed in an existing district, 4) the adoption of a community plan that recommends a different land use.  He said that this proposal does not meet these standards.  The general land use of the neighborhood has not changed.  The Board is bound to the standards that have been established for quite some time.
Mayor Jones said that the financial viability of the petitioner or the property is not the only reason to consider this petition.  
Stuart Zimbalist, attorney for Mr. Simon, said that this is a 68 single family development, and 62 are attached by a common wall, and the remaining 6 are single family unattached homes.  The price will be an average of $675,000, the low price of around $450,000 and the high price around $850,000.  The only difference between these single family homes and other single family home is that some share a common wall.  Mostly empty nesters are looking for the attached single family home.  This is an opportunity for them to stay in Ballwin where they have lived for many years. 
Alderman Robinson said that Alderman McDowell presented the criteria that the Board should consider in rezoning.  Which of the criteria does this development satisfy?  Mr. Zimbalist said this is not a change of use.  It would be R-1 single family and will be single family if rezoned. 
Alderman McDowell said that there is a difference between a single family attached and single family detached homes.  The proposal is for single family attached, which is why there is a request for a zoning change.  Mr. Zimbalist said that Ballwin’s Planning Commission held a public hearing and made a favorable recommendation to make this change.  They felt that this proposed use was compatible with the surrounding land uses. 
Barry Simon gave a presentation regarding density and storm water.  He said they are able to maintain a 15-foot no-grade zone along the entire north and the entire west side of the properties.  The only work they would be doing inside the 15-foot no-grade zone is work that is permitted by the City of Ballwin to connect any existing utilities that come to the property lines, to correct some erosion problems that have been created by the neighboring subdivisions by their outfall structures onto Meadowbrook’s ground.  They have been asked and agreed to plant a 75% visual landscape barrier along the entire west and north side of the property. 
Mr. Simon next addressed the question of erosion.  He asked his hired soil consultants to review the issue.  The neighbors in Chesterfield do have problems with their creek and erosion.  The increased volume of water that would be created by the new development on the 26 acres will not increase the erosion of the banks any faster than they are eroding today.  In order to help that situation and assure the neighbors to the north that the Villas at Meadowbrook development will not adversely affect their creeks, Mr. Simon has agreed to stabilize their creeks by going off site into their creek at four separate locations and improve the stability of the creek.  This will decrease the rate of erosion both upstream and downstream that these creeks are experiencing today.  The Trustees have now said that they are confident that the improvements that will be made to their creek will be an improvement and they would be better off.  The development would not adversely affect the creek.  Mayor Jones and the Board has received a copy of a letter from Jeff Chaney, representing Meadowbrook Farms Subdivision, stating that they withdraw their objections to the storm water runoff plan, subject to the above proposal being reduced to writing and becoming a requirement for this proposed development.  They are now satisfied and removing their objection to storm water control.
Mr. Simon said that Claymont Woods Association was concerned about siltation into their creeks due to the construction of the Villas at Meadowbrook.  The engineers and soil consultants have designed a siltation protection plan.  Simon Homes and the Jones Company guarantees that plan.  It exceeds MSD’s requirements for siltation protection.  He is willing to post a five-year bond guaranteeing that funds will be available in the event their pond requires cleaning due to silt from the development.  This bond is in the amount of $200,000 for years one, two and three.  During that period of time, construction will be completed and vegetation established.  For years four and five, the bond would be reduced to $100,000.  This is the two-year period following the completion of all of the construction.
Mr. Simon addressed the questions of zoning, value, and appropriateness next to the single family detached homes.  He said the lots occupied by both attached and detached single family homes are in excess of the threshold size which is indicated by Ballwin’s comprehensive plan regarding low density residential.  The projected values of the development’s new homes will be far greater than the surrounding homes in Chesterfield including the Meadowbrook Country Club grounds.  Each villa will occupy a fee simple lot just like a single family detached home in a subdivision.  Regarding density, Mr. Simon said he hired Richard Ward of Development Strategies, an expert on real estate.  His analysis of density is identical to Assistant City Administrator Aiken’s analysis of density.  It also confirms the analysis of the engineers that this is not spot zoning.
Mr. Simon addressed Alderman McDowell regarding his reasoning for the rezoning.  He said there is a changing trend in today’s housing market.  The baby boomer generation is getting older and they want to move out of a big house.  They want a free lifestyle and don’t want to maintain yards, and shovel snow, but they want to live in the same neighborhood where they raised their families.  If they can stay in Ballwin and move into a villa home, they will choose to do that.  If Ballwin doesn’t have single family attached homes to take care of this population, they will move to other communities.  The City of Chesterfield apparently understands this trend because it has rezoned and approved single family attached homes immediately next to single family detached homes in various locations.  This zoning change allows Ballwin to accommodate this portion of the changing housing market without negatively impacting the existing developed neighborhoods that surround this site and does so in a manner that is consistent with Ballwin’s Strategic Community Plan.
Mr. Simon said there has been a favorable recommendation for this development from Ballwin’s Planning and Zoning Commission.  He has agreed to every request that the Planning and Zoning Commission has asked and to every request from staff. 
Alderman Lembke said he heard that this 26-acre property was originally envisioned as a 9-hole golf course addition to Meadowbrook when the club was originally designed.  He asked if this is correct and how did it become R-1.  Mr. Simon said the 26 acres is unused property in Meadowbrook and was originally planned for housing.  He is unaware of any plan for the site to be a 9-hole course.
Alderman Suozzi said Ballwin has a development review process of which she is proud.  This petition received extensive reviews twice by City Planner Aiken.  Using the criteria that Alderman McDowell stated and each of those items was addressed in Mr. Aiken’s review.  As it has been stated, all of the items were addressed and addressed to Mr. Aiken’s satisfaction that none of the criteria had been violated.  Alderman McDowell’s statements are his opinion, but in her opinion, this proposal is consistent with good planning.
Alderman McDowell said the criteria for justification was a change in the general land use pattern of the neighborhood.  In his view, this is not happening in West County.  He said, regarding the economic benefit argument, that he did not state that Meadowbrook was justifying this proposal on the basis of economics.  That was interjected by those who were opposing the development.  That did not come from the Board.  Mayor Jones said he does not remember anyone on behalf of the petitioner ever saying that the continued viability of Meadowbrook Country Club was dependent upon this development.  Mr. Basso, Meadowbrook Country Club General Manager, said it was not his intent to state that the club’s financial future was dependent on this development.  He said they were in the process of long range planning and it was their hope and intention to use some of the funds from the sale for the long range plan. 
Dan Fox said that Meadowbrook was originally developed on a much larger tract of property and they chose to sell property off years ago.  This land was a buffer. 
Alderman Robinson said that Alderman McDowell’s definition of the term “surrounding neighborhood” may be more restrictive than his or Mr. Simon’s.  He said he considers the surrounding subdivisions part of the neighborhood.  A more expansive view of the definition of neighborhood would make this development consistent with the changing trends of the neighborhood.  He said attached homes have been approved at Henry and Clayton.  It’s not far from Meadowbrook, approximately 2 or 3 miles.  Waverly Place is even closer to Meadowbrook.  He said he has received very few calls from people in his neighborhood or ward that are objecting to this development.  Alderman McDowell said if he told his daughters to stay in the neighborhood, he would not consider it to be a 3-mile radius.  A neighborhood is the immediate area. 
Alderman Suozzi said across Kehrs Mill Road from Meadowbrook is a condominium development and a commercial development.  Cambridge Court Condominiums has existed there for approximately 40 years.  Aspen Village Condominiums is another attached condominium development.  Alderman Robinson said the term neighborhood is not specific and does not mean only adjacent or immediately surrounding.  He said this proposed change is consistent with similarly situated parcels and developments in the larger neighborhood, furthermore, the nature of the uses in the surrounding neighborhood has been changing to progressively higher densities and more compact housing types for years.  Alderman McDowell said that his definition of neighborhood is different and more compact. 
Mayor Jones said a petition challenging or objecting to the rezoning has been received and confirmed and requires a 2/3 majority of this Board in order for the petition to succeed.  This is a minimum of 6 of the 8 members of the Board.
A roll call was taken for passage and approval of Bill No. 3284 with the following results:  Ayes –Suozzi, Gatton, Robinson, Buermann, Fleming, Lembke.    Nays – McDowell, Pogue.  Whereupon Mayor Jones declared Bill No. 3284 approved by a 2/3 majority and it became Ordinance No. 04-14.
BILL # 3290 - AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN TO ADD A NEW ARTICLE AND RELATED SECTIONS PERTAINING TO FIREARMS IN CITY BUILDINGS; AND FIXING THE TIME WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3290.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3290 was read for the first time.
A motion was made by Alderman Lembke and seconded by Alderman Gatton for a second reading of Bill No. 3290.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3290 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3290 with the following results:  Ayes –Lembke, McDowell, Buermann, Pogue, Robinson, Fleming, Gatton, Suozzi.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3290 approved and it became Ordinance No. 04-15.
BILL # 3291 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN, MISSOURI, ON BEHALF OF THE CITY, TO DEED CERTAIN PROPERTY TO AMEREN UE.
A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a first reading of Bill No. 3291.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3291 was read for the first time.
A motion was made by Alderman Buermann and seconded by Alderman Robinson for a second reading of Bill No. 3291.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3291 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3291 with the following results:  Ayes –Buermann, McDowell, Gatton, Pogue, Lembke, Fleming, Robinson, Suozzi.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3291 approved and it became Ordinance No. 04-16.
BILL # 3292 - AN ORDINANCE TO OPT OUT OF STATE IMPOSED SALES TAX HOLIDAY.
A motion was made by Alderman Robinson and seconded by Alderman Gatton for a first reading of Bill No. 3292.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3292 was read for the first time.
Alderman Fleming asked if there is an estimate of what this would cost the City of Ballwin in terms of revenue if the City did not opt out.  Mayor Jones said there were county wide and state wide figures.  He is unaware that any figures for Ballwin exists.  A concern is that the merchant will designate which items quality for the sales tax holiday.  It is not in the best interest of any merchant to say that something is not a qualifying article if there is a question because it will drive away business.  City Administrator Kuntz said that because St. Louis County has taken a political stand not to opt out, this will basically be more of a psychological position and a statement of principle than a true financial impact issue.  The one cent will be waived because the County is the collection agency.  The only thing that is being considered on this legislation are the half cents for the park tax and for the capital improvement tax.  It will be negligible.  The accounting is so mind boggling that he questions the capability of the adjustment of the cash registers for that weekend.  He feels that it will be used in advertisements to get people to come to the stores.  They are not going to say boycott Ballwin because they didn’t participate in the holiday.  Alderman McDowell said that this can be used as a sales tool or an advertising benefit for the merchant and could draw more business into Ballwin. 
Mayor Jones said that since the parks tax and the public improvement tax were presented to the citizens as ballot measures and passed, those taxes are expected to be collected and used to provide the services that were promised when they were put on the ballot.  Alderman Suozzi asked what cities have opted out of the sales tax holiday.  City Administrator Kuntz said that Manchester, Des Peres, and Chesterfield are in the process of opting out.  He said the mayors of every city in the Lafayette Mayors’ Organization expressed a position in favor of opting out.  Mayor Jones said they expressed positions to opt out, but they were careful to point out that they had not yet had an opportunity to speak with their boards. 
Alderman Robinson said the State and local Municipal Leagues opposes the sales tax holiday also.  Alderman McDowell said he thinks it will take a genius in accounting to figure out what items are and are not part of the program, but for the consumer, a sales tax holiday is beneficial.  Alderman Robinson said the businesses are not happy with this.  The confusion and the cost to recalibrate their computer systems to exclude very specific items from sales tax will outweigh any savings that they have from extra customers. 
Alderman Fleming asked if there is a date by which Ballwin is required to notify the State of Missouri.  Mayor Jones said July 9.  Alderman Fleming said there is still time to look at this.  He said that he has read studies from the Missouri Chamber of Commerce and the  Missouri Retail Association that the tax impact is negligible.  He is concerned that Ballwin will create more ill-will or be perceived as a city that isn’t school and family friendly if it opts out.
Alderman Robinson said that it is impossible to schedule the family and back-to-school shopping around a specific tax holiday just to save 1%.  They are going to shop when they don’t have other events going on.  He said he views the sales tax holiday as a political grab by Jefferson City and it makes him very angry that they are telling cities how to do business.  He can’t stand this kind of political vote grab at the expense of the agencies that depend the most on sales taxes to operate.  Alderman Gatton suggested the State declare a tax holiday on income tax.  Mayor Jones said the State put pressure on the cities by making them opt out instead of opt in. 
Alderman Fleming said he does not think that inconvenient accounting is a good enough reason to oppose this.  If someone purchases a $20 pair of jeans that qualifies as back-to-school clothing, they may also buy a $50 bottle of cologne that is not tax exempt.  He said there are arguments that say that it does bring in additional business into the stores. 
Alderman Lembke said Ballwin does not collect a property tax.  As a result, people are asking the Board to take care of expenses with the income streams that are available.  He said that revenue sources should be protected and a message sent to the State Legislature that Ballwin is not going to chip away at its limited revenue source just so that someone can have a minor tax holiday.  Alderman Robinson said if cities go along with the sales tax holiday, the State Legislature may next suggest a Christmas sales tax holiday.
Alderman Fleming said some information points out that as little as 1/20 of 1% is the amount under consideration.  For as little money as this involves not collecting, there is a risk of creating some ill-will.  Alderman Robinson said this is now a political decision, risking creating ill-will rather than doing what’s right. 
Alderman Gatton said if Jefferson City is given an inch, they will take a mile.  If a lot of cities allow them to get away with this, there will be a lot more of it.  They see it real easy to give away Ballwin’s money.  That doesn’t benefit the City of Ballwin at all.  It’s just good politics for them. 
A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3292.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3292 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3292 with the following results:  Ayes –Buermann, Suozzi, McDowell, Lembke, Robinson, Gatton, Pogue.    Nays – Fleming.  Whereupon Mayor Jones declared Bill No. 3292 approved and it became Ordinance No. 04-17.
CONSENT ITEMS
A. Copier:  Approval is requested for acceptance of the low bid of $8,943 from Imagistics for a replacement copier at The Pointe At Ballwin Commons.
B. Golf Course Zoyzia:  This bid of $23,642.50 from Emerald View is recommended for approval.
C. Surplus Vehicles:  It is recommended that these cars be sold to the four bidders who submitted the highest bids in the aggregate amount of $40,469.
A motion was made by Alderman Lembke and seconded by Alderman Gatton to adopt the consent items.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
MAYOR’S REPORT
Committee Assignments:    As a result of the recent election of Alderman Pogue and Alderman Fleming, and the retirement of Alderman Easter and Alderman Anderson, the following aldermanic committee appointments were made by Mayor Jones:
ALDERMANIC COMMITTEES
MEMBERS
Financial and Administration.........................
Public Health and Safety................................
Parks and Recreation.....................................
Public Works.................................................
Annexation....................................................
BUERMANN (Chairman), Gatton, McDowell, Fleming
ROBINSON (Chairman), Buermann, Gatton, Pogue
LEMBKE (Chairman), Suozzi, Robinson, Pogue
SUOZZI (Chairman), McDowell, Gatton, Robinson
McDOWELL (Chairman), Lembke, Suozzi, Fleming
Mayor Jones suggested that Alderman Gatton serve as the aldermanic representative on the Planning & Zoning Commission.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Finance Advisory Committee:    Mayor Jones said nominations are still needed from Ward 1 and 2 to fill out the membership of this committee.  Alderman Suozzi said she and Alderman Buermann have discussed an option for consideration but need to confirm with the individual.  Alderman Lembke said the purpose was to start before Christmas so that by the end of the first quarter there would be a report.  At this time the committee has not yet been finalized.  Alderman Buermann suggested doing this in April and September before the budgeting process.  Alderman Lembke asked if there is still purpose and value in this committee.  Alderman Robinson said it is.  One of the points for the committee to consider is new ways of tax revenue.  Alderman Buermann said the committee will also discuss cost containments which would be more in line with the budget process.  He said the use tax on the November ballot is another item for Finance Advisory Committee consideration.  He also suggested discussing the committee at the May 1 Planning Retreat. 
Liquor License:    The West County Chamber of Commerce applied for a liquor license in conjunction with their “Party in the Park” which will be held on June 2. 
A motion was made by Alderman McDowell and seconded by Alderman Buermann to grant the liquor license to the West County Chamber of Commerce for “Party in the Park” on June 2.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
CITY ADMINISTRATOR’S REPORT
Street Reconstructions:    City Administrator Kuntz said the reason this was not in the Consent Items is because of the recommendation that the contract for Helmsdale, Jares and Springlake be awarded to the second low bidder because the low bidder was also the low bidder for Crestland.  Due to the sensitive nature of the scheduling for Crestland because of the elementary school, it was easier to leave a little bit of money on the table to meet the deadlines, than to give it all to one company and risk an over extension of resources that could put the city in a bind with the school.  This has been done in the past when the volume has been extensive and there are tight deadlines. 
Alderman Gatton asked if the low bidder indicated it could not accomplish both tasks in the time frame required.  City Administrator Kuntz said no it did not.  He is relying on City Engineer Kramer’s experience in similar situations and the recommendation that this is a small amount of money to leave on the table to insure that everything will be done during the summer months.  Alderman Gatton asked if they could prioritize their schedule so that the elementary school was taken care of first.  City Administrator Kuntz said that some of the reconstruct streets are small cul-de-sacs and the scheduling of that work is difficult.  Alderman Buermann said this work is $56,000 under budget. 
A motion was made by Alderman Gatton and seconded by Alderman Lembke to award street reconstruction contracts to N.B. Contracting for Helmsdale, Jares, and Springlake in the amount of $282,092.95; and to L. Krupp Construction for Crestland reconstruction in the amount of $368,713.95.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
Workshop Retreat:  City Administrator Kuntz said there is an aldermanic planning workshop retreat scheduled for Saturday, May 1, at 8:00 a.m. in the lower level of the Government Center.  Meeting notices have been posted on the website and city facilities for the public and media. 
CITY ATTORNEY’S REPORT
None.
ALDERMANIC COMMENTS
Alderman Gatton praised the CERT training (Community Emergency Response Team) for emergencies.  He participated in the training and said it is an intensive 20 hour course.  Alderman Lembke participated in the training one month ago.  He highly recommended the course for disaster preparedness training for both natural and man-made disasters.  It is a free course.  Civic leaders would be expected to assist in the event of an emergency.  There is another course in June.  City Administrator Kuntz said that a session is scheduled for the Public Works employees. 
Alderman Fleming thanked former Alderman Anderson for his help in his transition into the Ward 3 aldermanic position.
Alderman Pogue thanked former Alderman Easter for her help also in his transition into the Ward 1 aldermanic position.
A motion was made by Alderman Pogue and seconded by Alderman Lembke to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:12 p.m. 
MC