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 AgendaM E E T I N G N O T I C E Parks & Recreation Committee
The Parks & Recreation Committee of the Ballwin Board of Aldermen will meet on Monday, April 25, 2005 at 6:30 p.m., prior to the regular scheduled Board of Aldermen meeting at 7:00 p.m. in the Board Room at the Donald Red Loehr Police & Court Center, 300 Park Drive. The purpose of this session is to discuss future agenda items for the next Parks & Recreation meeting. No formal action is expected.
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 meeting. Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.
Robert A. Kuntz
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.
MINUTES OF THE BOARD OF ALDERMEN MEETING
The meeting was called to order by Mayor Jones at 7:02 p.m.
The Pledge of Allegiance was given.
The Minutes of the April 11, 2005 Finance & Administration Committee meeting were submitted for approval. A motion was made by Alderman Buermann and seconded by Alderman Gatton to accept the Minutes as submitted. A voice vote was taken with a unanimous affirmative result and the motion was declared passed.
The Minutes of the April 11, 2005 Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Buermann and seconded by Alderman Suozzi to accept the Minutes as submitted. 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 by City Administrator/Deputy City Clerk Robert Kuntz to Ward 1 Alderman James Terbrock, Ward 2 Alderman Ken Buermann, Ward 3 Alderman James Robinson, Ward 4 Alderman Ray Lembke. Municipal Judge Raymond T. Wagner administered the Oath of Office to Mayor Walt Young.
SECOND ROLL CALL
Mayor Young thanked the citizens of Ballwin for the opportunity to represent them as Mayor. He thanked Robert Jones for the outstanding job that he has done for the past 6 years, and expressed appreciation to the outgoing Municipal Judge Raymond Wagner, who has served this community for the past 6 years and has done a wonderful job. He next thanked his wife, Kathie. He said she has stood by his side for 38 years and gives him this opportunity to serve as Mayor. He thanked his family for the time and effort they have contributed during the 4-month campaign, and Dorothy Henricks, Campaign Manager. Mayor Young thanked everyone for attending this meeting, and said he is proud to have the opportunity to serve the citizens of Ballwin with this outstanding Board of Aldermen.
Randy Reidenhour, 414 Valley Manor Drive: Mr. Reidenhour is a Trustee of Ballwin Valley Manor Subdivision. He requested that the speed limit be lowered from 25 mph to 15 mph. He said that Ballwin Valley Subdivision has many children and the lower speed limit will ensure their safety. He presented a petition signed by 20 of the 27 property owners supporting the speed limit change. Alderman Gatton said that driving through the subdivision at 15-20 mph is comfortable. At speeds above that, it becomes more uncomfortable especially when children are in the area.
A motion was made by Alderman Gatton and seconded by Alderman Lembke to draft legislation for consideration to change the speed limit to 15 mph. City Administrator Kuntz said that the speed limit in question is not heretofore an established speed limit anywhere within the City. The Board needs to be aware of the fact that a 25 mph speed limit is the residential standard. If approved, many similar requests will be received in the future. This is not a street that is totally unique and others will make the similar requests.
Mayor Young asked if anything further needs to be done by the Police Department, such as a traffic study, before voting on this. City Administrator Kuntz said that traffic studies are generally conducted for stop signs and not speed issues. Mayor Young said that even though a motion has been made and seconded, he requested that the Police Department and City Engineer evaluate this and report back before legislation is prepared.
Alderman Gatton said that this is for draft legislation only and not for passage at this time. He said the street is too narrow to use any other type of traffic calming.
A roll call vote was taken for preparation of legislation for consideration at the May 9 Board meeting, with the following results: Ayes: Pogue, Terbrock, Gatton, Lembke. Nays: Buermann, Suozzi, Robinson, Fleming. Since the vote was 4-4, Mayor Young cast the deciding Yes vote for legislation to be drafted for consideration. If these reports are not available at the May 9 Board meeting, he would like to postpone acting on the legislation until the May 23rd Board meeting. If this legislation is passed, it will possibly mean a change in our speed standards for residential streets.
BILL # 3352 - AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING SECTION 29.1(D) DEALING WITH TREES IN THE PUBLIC RIGHT OF WAY.
A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a first reading of Bill No. 3352. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3352 was read for the first time.
A motion was made by Alderman Robinson and seconded by Alderman Lembke for a second reading of Bill No. 3352. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3352 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3352 with the following results: Ayes – Fleming, Pogue, Lembke, Buermann, Gatton, Robinson, Suozzi, Terbrock. Nays – None. Whereupon Mayor Young declared Bill No. 3352 approved and it became Ordinance No. 05-21.
BILL # 3353 - AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY AMENDING SECTION 15-91 ENTITLED “GENERALLY” BY THE ADDITION OF A NEW PARAGRAPH DEALING WITH OPERATION OF HEADLIGHTS.
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3353. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3353 was read for the first time.
A motion was made by Alderman Buermann and seconded by Alderman Fleming for a second reading of Bill No. 3353. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3353 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3353 with the following results: Ayes –Gatton, Robinson, Lembke, Pogue, Terbrock, Suozzi, Buermann, Fleming. Nays – None. Whereupon Mayor Young declared Bill No. 3353 approved and it became Ordinance No. 05-22.
CONSENT ITEMS: (Budgeted items which are low bid and do not exceed expenditure estimates and/or items which have been previously approved in concept.)
City Administrator Kuntz requested that Item B (In-Car Computers) be removed for discussion at a future meeting. He said the lease option information will be obtained and presented to the Board before a vote on this issue is requested. This will be presented at the May 9 Board meeting.
A motion was made by Alderman Buermann and seconded by Alderman Lembke to accept Items A, C, and D of the Consent Items. A voice vote was taken with a unanimous affirmative result and the motion passed.
Citizen Comments: Mayor Young said that after this meeting, there will no longer be 3 and 5 minute rules regarding Citizen Comments. He has requested that Citizen Comments sign-in sheets be used. A tray on the center table will be used to collect the forms before the start of the meeting. Mayor Young will call on the citizens wishing to address the Board. The citizens will be asked to be courteous to others who also want to address the Board by keeping their comments as brief as possible and without repetition. There was no opposition from the Board. The new form will be used starting at the May 9 Board meeting.
Aldermanic Committee Appointments: Mayor Young recommended that the Aldermanic Committees be established as follows:
A motion was made by Alderman Suozzi and seconded by Alderman Buermann to accept the Aldermanic Committee appointments. A voice vote was taken with a unanimous affirmative result and the motion passed.
President of the Board of Aldermen: Mayor Young recommended that Alderman Buermann continue as President of the Board of Aldermen. A motion was made by Alderman Suozzi and seconded by Alderman Pogue for Alderman Buermann to continue as President of the Board. A voice vote was taken with a unanimous affirmative result and the motion passed.
Planning & Zoning Aldermanic Appointment: Mayor Young recommended appointment of Alderman James Terbrock to the Planning & Zoning Commission as the Aldermanic representative. It’s important to allow new aldermen to acquire experience early in their term.
Alderman Robinson said that Planning & Zoning is the area that is most subject to litigation for the City. He is concerned that a new alderman, without the understanding of the technical procedures, will be able to properly advise the Commission at this time. Any misstep could invite litigation that could be costly. He said he is very happy with Alderman Gatton’s representation on the Commission and suggested that he remain. He recommended changing aldermanic representatives at a later date. Alderman Gatton agreed with Alderman Robinson’s comments, however, it is the Mayor’s prerogative to name the representative. He does not have any objection to relinquishing his seat to a different Alderman. He said the current Chairman, Mike Boland, is a former alderman and has a lot of experience in Planning & Zoning, and hopefully the new members will take direction from Chairman Boland.
Alderman Buermann agreed with Mayor Young that we need to mentor new aldermen and he would like to see this happen not only from a planning & zoning perspective, but from every seat on the Board of Aldermen.
A motion was made by Alderman Buermann to appoint Alderman Terbrock to the Planning & Zoning Commission.
Mayor Young said that in response to Alderman Robinson’s comments, he said that he previously served on the Planning & Zoning Commission and has a lot of background and experience to bring to this commission. He said that Alderman Terbrock’s appointment to the commission will give him an opportunity to hear what goes on at that level. The commission discussions are usually more in depth and would be beneficial for his development as an alderman. Mayor Young said that this recommendation is not meant to be disrespectful to Alderman Gatton. He has done an excellent job.
The motion was seconded by Alderman Suozzi to appoint Alderman Terbrock to the Planning & Zoning Commission. A voice vote was taken with 7 Aldermen voting Aye, and Alderman Robinson voting Nay. The motion passed.
Alderman Lembke said that the Mayor is automatically a member of the Planning & Zoning Commission. Alderman Terbrock resides in Ward 1, and Mayor Young resides in Ward 4. Alderman Gatton, who also resides in Ward 4, has done a good job. Ward 4 would be overloaded.
Dean Team Special Use Exception: Mayor Young said Pat Dean thought there would be no problem with meeting the April 15 deadline. He apologized for not attending the last Board meeting to explain what had happened. His first bid for the asphalt was high. He got a second bid and this delayed the project. When the contractor came to the Government Center to get the permit for the work, he was denied, stating that there were some open issues with MSD. Their goal is to have the work completed in the month of May. Mayor Young suggested that the Board grant until June 15 to have this completed. After the first of June, if the project is not completed, he will ask the Board to handle it as they see fit. He asked that the current legal situation be rescinded until Mr. Dean has been given another opportunity to meet the requirement.
Assistant City Administrator Aiken said that detention is part of the plan. MSD has to review the storm water pipes, detention capacity, etc. They were paving some areas that had been grass before, and had to provide detention for those newly paved areas. The underground detention basin has to be piped into the existing storm water system.
A motion was made by Alderman Pogue and seconded by Alderman Lembke to extend the Special Use Exception until May 20 and re-evaluate the progress at that time.
Alderman Lembke said that The Dean Team has made many statements regarding their plans to comply with the S.U.E. This should not take 3½ years to complete. There has been zero attempts by the Dean Team to meet their commitments. If they don’t have the capability of overseeing this project, they should obtain the services of someone who is capable. He expressed great frustration over their request for another extension.
Alderman Suozzi said that before the Board to approve issues such as this, a representative should be present to answer questions. She said the initial S.U.E. was only obtained after they were issued a court summons because they had done work without getting proper permits. The problem is that there is an S.U.E. that has not been completed. She does not see a need to rescind this at this time. This could be done after it has been demonstrated to the Board that they are going to work on this. Steamboat Lane is a high pedestrian street and the sidewalk cannot be used on many occasions because the sidewalk is destroyed, and cars are parked on the sidewalk. She said a business owner should be available to answer questions at the Board meeting.
Alderman Buermann proposed an amendment to the motion that the summons is still issued and suggested that a request be made that a representative of Dick Dean be present to address the Board at the May 23 Board meeting. Alderman Pogue accepted the amendment.
Alderman Fleming said that since the S.U.E. date for completion was April 15 and is passed, which was the reason the summons was issued, he asked if the Board can extend a date that has already expired. Should action have been taken before it expired? City Administrator Kuntz said that we did. There is a request for an extension that Mr. Steib presented for consideration. Mr. Steib assured the Board that April 15 would be more than adequate time. At the last Board meeting, it was noted that the consensus of the Board, reflected in the Minutes and verified by Mayor Jones, was that Staff was directed upon expiration of the original time frame to issue the summons. That direction was followed. Mayor Young has engaged in a dialog and is reporting to the Board where the Dean’s are today on this project. They are further along with the project than when the summons was issued. Alderman Fleming said that no one from Dick Dean requested more time before the expiration.
City Administrator Kuntz said that staff’s goal is always to obtain compliance and not to issue a summons. Alderman Suozzi said that this is a repeat offender. We had to force them to apply for the S.U.E. the first time around because they did work without proper permits. We had an enormous amount of discussion at that time about the major issues. They didn’t get the work done, an extension was granted. The Board has leverage by leaving the summons in place.
Mayor Young said that if there isn’t action on the part of Dick Dean by May 23, he will request that a representative come before the Board with his legal council. He did not ask a representative to come before the Board at this meeting.
Alderman Robinson said that he is very troubled by what is happening. There is a matter in our court, a summons has been issued. Someone knows the Mayor or an Alderman has asked for intervention with the process. He said that staff has been given direction and has followed it, the matter is now before the court. The court should handle this. To interfere would be highly inappropriate.
Mayor Young said that he went to Dick Dean to try to find out what the problem was and why the Board was not getting answers. He felt that the best thing to do was to help the business owner understand that someone wanted to find out what the problem was.
City Attorney Lucchesi said that the purpose of this Board is to get the job done and for the business owner to comply. The goal should be how to get them to comply in the most expeditious manner. This is different than being in a company and there is customer who doesn’t pay, therefore, the owner wants to sue. This is a Board that should be trying to accomplish things for the City, not a private individual or company. The outlook on litigation should be different than any of these instances. The Board is the trustee of the City’s funds, and litigation doesn’t do anyone good in this situation. Mr. Lucchesi said that this should not be taken out of the court, but if it can be worked out, this is what the Board should work for and not try to carry the big stick and beat someone over the head because you have the power.
Alderman Robinson said that the City and Municipal Judge can grant them the time for compliance. This is the process. City Attorney Lucchesi said that they can do that, but the Board should work toward getting the project done.
City Administrator Kuntz said that Pat Dean should be notified that they have some time, but this project has to be completed. If not, they will have to report to the Judge and not the Board of Aldermen.
Alderman Pogue withdrew the motion and Alderman Lembke withdrew the second.
Mayor Young said that he will do everything possible to bring closure on any issue that comes up before this Board if it comes to a conflict. He said he will be involved with the businesses. He didn’t see any problem with contacting Pat Dean because he was attempting to mediate a problem for closure. He will let them know that under no circumstances will there be any change, that this goes to litigation and that they have until that time to get something done. Alderman Lembke suggested that someone in addition to their attorney should attend the Board meeting.
June 13 Board of Aldermen Meeting at VFW Hall: Mayor Young said that this will be a “Town Hall” format, starting at 6:30 p.m., wherein residents can address the Board for a longer period of time. The regular Board meeting will follow. There will be “Town Hall” meetings once every quarter at a different location. The purpose is so that it will be easier for people who generally don’t attend any Board meetings, to attend and see how things are done. He asked that the June 13 meeting location change notice be posted immediately. He would like to try this for one year. It can be evaluated by the Board at that time.
City Administrator Kuntz said that at the VFW Hall, there will be a separate entrance to the meeting room. Alcohol sales will not be involved.
Alderman Robinson expressed concern about legal and insurance issues when the meeting is moved off-site. He asked if the insurance coverage at other locations. City Attorney Lucchesi said he will check into this. Alderman Robinson said that if someone is injured at another location, the exposure will be on the City. He said there should be waivers or exposure agreements signed, making sure the facility is properly insured.
Agenda Review Meetings: Mayor Young requested that starting at the May 9 Board meeting, there will be an Agenda Review session that will start at 6:30 p.m., and will be open to the public. The purpose is to give the Board an opportunity to ask questions of staff regarding agenda items prior to the Board meeting. This approach can be reviewed after 90 days to determine if the Agenda Review meetings should continue. There will not be an Agenda Review meeting on June 13 because the Town Hall meeting will start at 6:30 p.m.
Town & Country meeting: Mayor Young said that he, City Administrator Kuntz and Assistant City Administrator Aiken met with representatives of Town & Country on Friday, April 22, at their request. They have established their ordinance to reflect that they have to get Ballwin’s approval for some of the items. The developer has 60 days from 2 weeks ago to agree to the terms and conditions of this ordinance, and they must then submit a preliminary plat that complies with the approving ordinance. If they don’t, it will be up to Town & Country what their next step will be. The ordinance that gave the developer 60 days to accept or reject will be forwarded to the Board.
CITY ADMINISTRATOR’S REPORT
Dental Insurance: City Administrator Kuntz said this is a revision of Ballwin’s dental insurance plan that will give single benefit coverage to all of the full-time eligible employees. This is possible due to the cost savings achieved through the health insurance renewal. It is recommended that this benefit be authorized with a June 1 starting date.
A motion was made by Alderman Lembke and seconded by Alderman Gatton that the proposal from Delta Dental be accepted for the full-time eligible employees. A voice vote was taken with a unanimous affirmative result and the motion passed.
Schrader Funeral Home: City Administrator Kuntz said this is a request for an additional visitation room/chapel with the inclusion of a crematory retort unit. City Attorney Lucchesi advised that if the definition of funeral home is expanded to include this function, an amendment to the ordinance is necessary. Alderman Robinson asked what is a crematory retort unit. Assistant City Administrator Aiken said that it is an enclosed combustion chamber especially designed for cremation purposes. Alderman Gatton said that this is potentially a very emotionally loaded issue. City Administrator Kuntz said that this request is from a commercial establishment in a commercial zone. Alderman Robinson said that right now the way the ordinance is written, they cannot do cremations on site. He and Alderman Gatton thought cremations were a totally different type of business. Mayor Young said that the current ordinance was written in approximately 1950.
A motion was made by Alderman Buermann and seconded by Alderman Lembke to draft legislation for consideration. A voice vote was taken with a unanimous affirmative result and the motion passed.
Microsurfacing: City Administrator Kuntz said this is regarding the expansion of the microsurfacing operation on a unit basis. By adding Covert Ct. and Silvercreek, this is an equitable distribution by wards.
A motion was made by Alderman Pogue and seconded by Alderman Robinson to accept the change order. A voice vote was taken with a unanimous affirmative result and the motion passed.
TIF: City Administrator Kuntz said the developer has been advised of the deadline and the concerns of nothing happening. It was mutually agreed that the only proposal is not one that is going to move forward. It is recommended to draft legislation to delete the petitioned properties from the TIF district. Alderman Robinson and Alderman Gatton believe that this action should wait until the Buxton study is done.
A motion was made by Alderman Lembke and seconded by Alderman Pogue to draft legislation to remove the 2b section from the TIF. A voice vote was taken with a unanimous affirmative result and the motion passed.
New Ballwin Road: City Administrator Kuntz said that St. Louis County is not interested in being involved with New Ballwin Road from a maintenance or upgrade perspective. He asked if there is anything else the Board wants staff to do regarding this project. Alderman Lembke said that if St. Louis County is not going to partner with Ballwin regarding New Ballwin Road, there is not much that we can do. This is too big of a project to abandon. We should continue attempt to get St. Louis County to partner with Ballwin.
Mayor Young said that if we do anything to the road, it will change the character of the neighborhood, it will make the speed faster, and will move the traffic to Manchester Road. Things are done for Selvidge and Woerther and not for Holy Infant. Perhaps this should be considered. Mayor Young said that St. Louis County is also short of funds and they are having to set priorities for projects.
Alderman Pogue believes that this project should not be killed, but should go forward and also address the safety issues on New Ballwin Road. Mayor Young said that at this point, there are no funds allocated for this project. City Administrator Kuntz said that this will have to be included in next year’s budget with preliminary engineering options.
Alderman Suozzi suggested having a Public Health & Safety committee meeting to address safety issues on New Ballwin Road. Alderman Gatton said that the citizens have said loud and clear that they want something done to the road. They didn’t like the previous plan that was presented. The cost of this project is significant. The project was projected to be about $8 million.
A motion was made by Alderman Robinson to continue efforts to explore and present a plan for a joint project with St. Louis County, because Ballwin is not going to be able to do this alone. The Board agreed.
Retail Recruitment: City Administrator Kuntz said this is regarding the proposal from the Buxton Corporation. Will the cost justify the potential benefit, or can the cost be justified to say that you tried this option? He doesn’t know of any other companies from which to solicit bids. They have references. He said this is not a budgeted item.
Mayor Young said he cannot agree to spend this money when there are other things to be done. He suggested in-house research. He doesn’t see a guarantee that Buxton will be successful for the City. If they are not successful, there should be some type of refund. Alderman Lembke said they do provide a guarantee. If they don’t provide what they say, the refund 100% of the money. They have done this twice in their 10 year history.
Alderman Robinson said that we need to do something to attract business, and we should hire someone who knows how to do this. Alderman Fleming said that since we have had some success approaching businesses on our own to fill spaces, he suggested that we put together a package to identify retail companies and approach them ourselves. The owners of the businesses have not asked us to market their properties and he does not feel that we should spend $70,000 to do this.
Alderman Lembke said that because they have not asked us to market their properties, our prime point of purchase space is more and more being utilized by businesses that do not generate any income to the City of Ballwin. We have businesses that have not paid any sales tax, and car dealers are part of this situation. A dealership located in Ellisville is going to store their cars on a lot in Ballwin. We will get zero dollars, not even a business license, from this company. Alderman Lembke said that he is not qualified to run down a list of a couple of million companies and businesses around the country, and try to determine who will give us the maximum dollars. Buxton can do this. We need to maximize the sales tax dollars coming into Ballwin. The TIF was a great idea, but it’s not working.
Alderman Fleming said that if the Strategic Plan says that the future of Manchester Road is not to attract retail, and we have just spent $70,000 trying to attract retail? Alderman Lembke asked what are we going to do with Manchester Road if not to attract retail?
Mayor Young said asked about the Buxton contract stating that there would be a refund. City Administrator Kuntz said that this was verbalized but he has not seen it in the proposal. Mayor Young said that if Buxton cannot provide assurances in writing, we should not go further with this. Alderman Lembke agreed.
Mayor Young recommended that City Administrator Kuntz obtain information for consideration at the May 9 Board meeting. We need to know if they are going to agree to a refund if they do not perform. The major retailers, like Walmart, are not interested in Manchester Road. They have decided to go to Chesterfield Valley, Gravois Bluffs, to where the marketplace is located. If Buxton does not perform by a specified time, we should get something back.
Alderman Buermann said that we cannot legally prevent someone from putting in an office building that it is not going to generate revenue. We could have banks up and down Manchester Road and Ballwin would not get a dime from this type of business. City Attorney Lucchesi said if a business meets the requirements of the zoning ordinance, they can come into Ballwin. Alderman Lembke said that if someone decides that this is a great place for banks, we will be handcuffed, and there may also be more service related businesses along Manchester Road. Alderman Gatton said that if we don’t pursue the kind of businesses that will generate a retail base, we are going to get whatever happens to show up. This could be more car lots, banks, cell phone stores, etc., all of which degrade our sales tax revenue. We can tell Buxton what kind of businesses we want. They will guarantee that sales tax revenue will equal or exceed their fees. City Attorney Lucchesi said that this is not in their proposal.
City Administrator Kuntz said that he will tell Buxton that they have to give something in writing that will be acceptable to the City Attorney before the Board votes.
Mayor Young asked for a report on the City’s income. City Administrator Kuntz said it is 50-50. Mayor Young asked if the City could become all pool. City Administrator Kuntz said we can’t be all pool. Mayor Young said that Chesterfield is doing well and it is all pool with no point of sale. City Administrator Kuntz said that Chesterfield has a small property tax, which we don’t have.
Business Licenses: City Administrator Kuntz said this is regarding the issue of liquor sales in gross receipts. Our ordinance historically has been this way for a long time. The request is not just for refunds regarding exemptions, but also retroactive refunds. This potentially involves 15 – 20 businesses. He said there is no problem administratively dealing with the ordinance on a current basis. The question is the retroactivity. We will need income tax returns and all kinds of numbers if we are going to satisfy the retroactive request. We should clarify the ordinance so that this interpretative question does not come up again.
Finance Officer Loehr said that the State’s definition includes all gross receipts, including liquor, whereas the Ballwin ordinance has a line that excluded liquor sales. Previously, we have always requested a Missouri Sales Tax return or financial statement. Almost everyone sent in a tax return and that does not give any detailed information. This year we asked for a financial statement. This indicated that they were including liquor in the sales.
A motion was made by Alderman Robinson and seconded by Alderman Gatton to draft legislation for consideration to clarify the ordinance and Ballwin’s position on the current request to allow a retroactive refund. A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ATTORNEY’S REPORT
Logo Registration: City Attorney Lucchesi said a federal registration for the Ballwin logo will not exceed $1,000 for filing. Registration gives certain procedural advantages if someone uses the logo, however, common law confers the same rights and protection for the use. The registration doesn’t give any more rights than the City has right now under common law.
Alderman Robinson asked why spend the money to do this? People that are reputable tend to search the records of the patent office and if they see it, they are less likely to use it, but trademark rights are obtained by use and not registration. This is not a patent where you don’t have any rights until you get the piece of paper back from the government. The more it is used, and everyone recognized the logo as Ballwin, this gives us the rights that can be enforced without the registration.
A motion was made by Alderman Fleming and seconded by Alderman Pogue to proceed with registration of the City of Ballwin logo. A voice vote was taken with a unanimous affirmative result and the motion passed.
Yield Sign: A motion was made by Alderman Lembke and seconded by Alderman Pogue to draft legislation to have a yield sign installed at the corner of Mark Wesley Lane as it dead ends into Pine Hollow Court.
Police Chief Biederman said he does not have any problem with installing a yield sign, and Alderman Suozzi agreed.
A voice vote was taken with a unanimous affirmative result and the motion passed.
Youth Council: A motion was made by Alderman Pogue and seconded by Alderman Robinson to draft legislation for consideration. A voice vote was taken with a unanimous affirmative result and the motion passed.
Commercial Property Tax: Alderman Lembke said a letter was sent by the Growth Association about the commercial property tax issue. City Attorney Lucchesi said that the question was, could there be different tax rates for commercial property as opposed to residential property. The answer is yes.
Double Speeding Fines: Alderman Terbrock raised the suggestion of double fines for speeding on certain busy streets. City Attorney Lucchesi does not think that Ballwin can set fines like this. This requires a city charter. Ballwin is a 4th class city.
Committee meetings: Alderman Buermann asked about future committee meetings prior to the Board meetings. Mayor Young said that the committee meetings can start at 6:00 p.m., prior to the Agenda Review meeting, which will start at 6:30 p.m.
Municipal Judge position: Mayor Young said that resumes are being accepted for the position of Municipal Judge between now and the end of May. In June, we will meet with Mr. Wagner and Mr. Fox to help review the resumes and interview qualified candidates. He would like to fill this position by the end of July or first part of August.
Legislative Alert: Mayor Young said that HB 209 will be heard in the Senate local government committee on Wednesday, April 27, at 1:00 p.m. at the Senate Lounge. This will make a negative impact on our city revenues regarding the phone sales tax issue. On May 3, there is a lobby day for anyone who wants to be part of the process.
A motion was made by Alderman Buermann and seconded by Alderman Terbrock to adjourn. The motion passed unanimously and the meeting was adjourned at 9:42 p.m.
Walter S. Young, Mayor
Robert A. Kuntz, City Administrator