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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
May 11, 2009 7:00 p.m.

300 Park Drive, Donald “Red” Loehr Police & Court Center 
www.ballwin.mo.us

1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. Approval of Minutes: April 27, 2009 Board of Aldermen Meeting

5. Oath of Office: Ward 1 Alderman, Press McDowell

6. Presentation: None.

7. Pending Issues: None.

8. Citizen Comments
 
9. Public Hearing: None.
   
New Business 

10. Legislation NEXT ORDINANCE # 09-15
      A. Bill # 3572 S.U.E. Amendment – Lone Wolf Coffee Company

11. Consent Items 
      A. None.

12. Mayor’s Report 
      A. Committee Assignments
      B. Future Meetings
      C. Workshop / Retreat
      D. Liquor License Renewals

13. City Administrator’s Report 
      A. Health Insurance
      B. Phone Equipment Upgrades
      C. Real Estate(Closed Session)

14. City Attorney’s Report 
 
15. Aldermanic Comments 

16. Adjourn 

BOARD OF ALDERMEN MEETING BRIEFS
May 11, 2009 &:00 p.m.
300 Park Drive – Donald “Red” Loehr Police & Court Center

This is a condensed summary of the action items which will be considered at tonight’s Board Meeting.  It has been prepared to give you a greater understanding of the issues which will be discussed.  If you have comments, questions, or concerns, please call (636) 227-8580.  If you would like to know more about the programs or services which we provide, please dial our 24-Hour Information Line (636) 207-2300, or visit us on the web at www.ballwin.mo.us.

CITIZEN COMMENTS

     If you wish to address the Board during this meeting, regarding Ballwin Municipal issues or agenda topics, please fill out the “Citizen Comments: To Address the Board of Aldermen” form and place it in the tray on the table in the center of the Board Room before the meeting begins.  Topics of a more global nature, such as requests for ballot initiative endorsements, should be submitted in writing to the City Clerk at 14811 Manchester Road.

If your comments relate to an advertised public hearing, we ask that you wait until after the presentation has been made.  At that time, the Mayor will call upon those who wish to speak in favor of the proposal, followed by those who wish to speak in opposition.

Please limit your comments to 3 minutes as an individual and 5 minutes representing a group.  Please avoid repeating comments others have already made.
Thank you for your cooperation.
 
MINUTES
The Minutes from the April 27, 2009 Board of Aldermen meeting are submitted for review and approval.

OATH OF OFFICE & SECOND ROLL CALL
The Oath of Office will be administered to Ward 1 Alderman Press McDowell.

S.U.E. 09-1 – LONE WOLF COFFEE COMPANY (Bill # 3572)
This is regarding the sale of alcoholic beverages by the drink and indoor entertainment at the Lone Wolf Coffee Company at 15480 Clayton Road. 

COMMITTEE ASSIGNMENTS
This is regarding Aldermanic committee assignments for Finance & Administration, Public Health & Safety, Parks & Recreation, and Public Works.

FUTURE MEETINGS
Mayor Pogue would like to propose that the May 25 meeting be cancelled in observance of Memorial Day.  In addition, it is suggested that a summer schedule be instituted for June, July, and August, with meetings to be held only on the 4th Mondays of these months unless otherwise required.

WORKSHOP / RETREAT
It is proposed that this session be held on May 18 at 4:30 p.m., starting with a tour of the West County Community College.

LIQUOR LICENSE RENEWALS
This is addresses renewal requests for the fiscal period beginning  July 1, 2009.

HEALTH INSURANCE
For the past several months, we have participated in discussions to create a multi-city Health Insurance pool.  It is recommended that this concept be approved.

PHONE EQUIPMENT UPGRADES
It is recommended that we upgrade the previously authorized replacement system at an additional cost of $5,982.

CLOSED SESSION
Two topics will be discussed.  One involves disposal of public property and the other is a potential boundary dispute.  In accordance with the provisions of the Sunshine Law, this discussion will  be conducted in closed session.

Meeting Minutes

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

May 11, 2009

The meeting was called to order by Mayor Pogue at 7:00 p.m.

             PRESENT                                                                       ABSENT
MAYOR TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN JANE SUOZZI 
ALDERMAN FRANK SCHMER 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
ALDERMAN RICHARD BOERNER 
ALDERMAN KEN MELLOW 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the April 27 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Terbrock and seconded by Alderman Suozzi to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

OATH OF OFFICE
The Oath of Office was administered to Ward 1 Alderman Press McDowell, filling the one-year unexpired term of former Alderman Tim Pogue.

             PRESENT                                                          ABSENT
MAYOR TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN PRESS MCDOWELL 
ALDERMAN JANE SUOZZI 
ALDERMAN FRANK SCHMER 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
ALDERMAN RICHARD BOERNER 
ALDERMAN KEN MELLOW 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS

Greg Snider, 314 Clayheath Ct., Trustee of Clayton Ridge Subdivision:  Mr. Snider spoke for 100% of the residents of the subdivision in opposition to the Lone Wolf Coffee House liquor license and entertainment petition.  He said originally, there was not going to be liquor or entertainment at this location.  Their experience with the previous lounge was disruptive to the neighbors in the subdivision.  He said that this will be the fourth establishment that serves liquor and entertainment surrounding the subdivision.  The closing hours are now also being extended.  He said the only way to get to the Lone Wolf Coffee House is to drive into the subdivision.  He said the Planning & Zoning Commission did not address the impact on the adjoining subdivision. 

Melissa Murphy Fowler, 910 Claybend Dr.:  Ms. Fowler spoke in opposition to the addition of liquor sales and entertainment at the Lone Wolf Coffee House.  She said this location was never meant to house a bar.  She said that Mr. Pfremmer must have been aware of the problems and concerns of the neighbors related to alcohol and live music of the previous establishment.  Given those concerns, he chose to move his catering business and open a coffee house in a low-impact boutique style building.  He is now requesting liquor and live music just like the previous establishment.  He currently can seat 60, and plans to increase to 120.  A stage has been built as part of the change in plans.  She said this changes the entire character of the establishment and the nature of the patrons.  She said that the City Planner’s report requires 113 parking spaces on the site to accommodate the change.  This site currently has 83 parking spaces.  She said that this was voiced at the Planning & Zoning meeting but was not addressed.  Mr. Pfremmer assured the Commission that he would not change the business hours, however, during the meeting, he decided that he would stay open later.  She said that the problems the neighborhood faced with the previous establishment were disorderly conduct, littering, traffic, public urination, excessive vehicle noise, and abusive and obscene language.  She asked that the Board of Aldermen decline the liquor license and live entertainment.  If this will not be done, she asked for the City to provide a buffer to protect the houses, since this is a problem for the neighborhood.

Sue Lindhorst, 470 Maymont Dr.:  Mrs. Lindhorst spoke regarding goose control.  She said that the Board’s decision to apply for a roundup seems mostly budgetary.  She said that there are several citizens that are willing to pay for the month of May to remove the geese from the Ballwin parks.  The service will be provided by Wyndsong.  A signed contract will be provided, marked paid in full, if the Board will allow the border collie team to return. 

Pam Bolton, Executive Director of the Wildlife Center of Missouri in Ballwin, 1128 New Ballwin Road:  Ms. Bolton spoke regarding goose control.  She said that the Wildlife Center of Missouri is part of a coalition with Geese Peace, Department of Conservation, Humane Society, and MSD to teach people and municipalities how to deal humanely with the geese population.  She said that many people bring injured animals to the Wildlife Center for assistance.  If the citizens knew that the roundup was going to happen, they would be upset.  She said the Wildlife Center believes in Geese Peace and border collie programs.  She presented a petition of 135 signatures and from the “Care2 Petitionsite” with 481 signatures in opposition to the round up and in favor of the Geese Peace programs and use of the border collie. 

Jackie Seigal, Geese Peace St. Louis:  Ms. Seigal asked that the Board seriously consider the proposal presented by Mrs. Lindhorst.  She said that there is a website called “The Canada Goose Hall of Shame” that provides information on the roundup.  She said that a roundup is a slaughter.  There is a video on the internet from PETA of an actual slaughter.  She said to Google slaughter.  This will have an impact on anyone who sees it.  She said that this evening, she saw 24 geese on a hill in the park.  There was a man with a border collie on a leach.  Every goose was watching the collie and did not move closer to the park.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3572 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO RALPH PFREMMER, DBA LONE WOLF COFFEE COMPANY, FOR THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK FOR CONSUMPTION ON THE PREMISES WHERE SERVED, AND ENTERTAINMENT.

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock for a first reading of Bill No. 3572.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3572 was read for the first time.

Alderman Terbrock said that he does not see any reference to outdoor entertainment in the ordinance.  City Attorney Jones said that outdoor entertainment is not allowed without a special permit and will not be granted by approval of this ordinance.  Assistant City Administrator Aiken said the Special Use Exception regulations allow only indoor entertainment.  City Administrator Kuntz said that the S.U.E. regulations do not allow package sales; only consumption on the premises. 

Alderman Terbrock asked about street parking in this area.  Alderman Schmer suggested signage restricting parking to residents only.  City Attorney Jones said that this could not be done.  City Administrator Kuntz said that times of restricted use would affect everyone, including the residents. 

Alderman McDowell said that regarding the previous establishment at this location, he visited the area eight times and did not see the issues that were alleged as being problems.  He said police officers observed the area and speeding was not taking place and there were no drunk drivers.  He was impressed because the venue was almost silent.  He said some of the residents invited him to come into their back yards.  He didn’t see anything that was served in a bar that was thrown into yards.  He said he does not see the validity of the concerns that have been expressed and does not have any problem with this Special Use Exception and Liquor License being granted. 

Alderman Fleming asked for a summary of statements that were made at the Planning & Zoning Commission meeting.  Alderman Terbrock said that it didn’t appear that Mr. Pfremmer is looking for a night club situation.  It was his impression that the full liquor license was for use at private parties.  Alderman Fleming asked why was there a change from the original business plan.  Alderman Terbrock said that catering parties appears to be the main reason. 

Bill Woods, 569 Castle Ridge, representing Lone Wolf Coffee Company, said that the business plan is to increase sales.  He said that they cannot be successful just selling food, coffee and drinks.  Offering beer and wine with longer hours is the plan.  Liquor would be reserved for private parties.  There will be no package liquor sales.  The room expansion inside the building is only for private parties. 

Alderman Boerner said that the residents are concerned because of past experience and are asking for assurances that it will not happen again.  Mr. Woods said that this will not be a night club that attracts young kids.  He said this is a neighborhood coffee shop that can provide a glass of beer or wine, and private parties will be in a separate room.  He said that if the Special Use Exception and Liquor License is approved and there are problems, he said that they will pull out.  They are not wanting to make problems with the neighbors, but to make the neighborhood better.

Alderman McDowell said that the issue in the past was mainly live entertainment, not the liquor license.  He said that in the past it was felt that live entertainment would create a younger more volatile crowd. 

Alderman Suozzi said that the residents had a lot of trouble in the past with the lounge because of the live entertainment and location of the lounge in the building.  She said that Lone Wolf Coffee Company is located in the front of the building.  She said that after the previous establishment closed, our Special Use Exception ordinance requesting entertainment was strengthened and has a lot of conditions in it.  If the Lone Wolf Coffee Company doesn’t follow the restrictions, there is a remedy.  The previous license didn’t have those restrictions.  She suggested that the Board restrict the hours the Special Use Exception is granted.  City Attorney Jones said that the Board does not have the ability to restrict the hours of the establishment.  The petitioner can be asked to restrict the hours because the operation would adversely affect the character of the neighborhood.  This is one of the findings that must be made in order to grant the S.U.E. 

Alderman Leahy asked if the petitioner can be asked what their hours will be and lock it in for a year.  City Attorney Jones said that if they will agree, this can be done.  Alderman Schmer said that the hours are important.  Mr. Woods said that if someone was having a private party, the hours would go beyond the retail hours of 9:00 or 10:00 p.m. 

Alderman Terbrock asked for additional information regarding the parking.  Assistant City Administrator Aiken said that in the past the parking code for restaurants was much lower than it is now.  Today, the code requires more restaurant parking.  If this was an office space, the available parking would be acceptable.  Because this is a restaurant with a specific amount of seating, the current parking is short of the today’s required parking spaces.  The site is grandfathered because the parking code was changed after it was built.  He said there is an additional parking requirement for entertainment. 

Mayor Pogue asked for clarification from Mr. Woods on the hours of operation.  Mr. Woods said that closing of the coffee shop would be 10:00 p.m.  City Attorney Jones said that if paragraph 17 was added to the Exhibit of the Special Use Exception, would this be acceptable:  “Hours of operation for the retail operation shall end no later than 10:00 p.m.”  Mr. Woods agreed.  This will not include private parties.  Mr. Woods said that private parties, not on a daily basis, only as needed, would end no later than 1:00 a.m. 

Alderman Boerner asked about the seating capacity of the coffee shop.  Mr. Woods said 60. 

Alderman Schmer said that from a business perspective, private parties would be desirable every Friday and Saturday instead of just 2 per month.  This could be 8 events in a month that would last until 1:00 a.m.  This is closer to the previous establishment format.  Mr. Woods said that a midnight closing time for special events would be acceptable.  Alderman Schmer asked if this would only be for special events, restricted to Fridays and Saturdays.  Mr. Woods said that he cannot commit to that, but most likely that would be the scenario.  He said that if someone wanted to have a private party on another night, they would not deny the request.  Alderman Schmer asked if a customer wanted to have a private party on Tuesday until midnight, would this be granted.  Mr. Woods said that such a request would be unlikely but possible and it would be granted.

Alderman Fleming asked about Lone Wolf’s security policy.  Mr. Woods said there are no plans in place.  He said that if there was a problem, they would send someone out to patrol the area.  He does not anticipate problems because people will know each other and this is not a destination lounge.  It is a controlled environment. 

City Attorney Jones said that paragraph 16 in the Exhibit allows the City Administrator or Chief of Police to require security in the future if there are reports of disorderly conduct, littering, traffic congestion, or other infractions. 

Alderman McDowell asked for clarification on the hours of operation.  City Attorney Jones said that paragraph 17 will state:  “Hours of operation for the retail operation shall end no later than 10:00 p.m., and for banquets and private parties, no later than 12:00 a.m.” 

Alderman Boerner asked about the type of band that would be used for the entertainment.  Mr. Woods said that Mr. Pfremmer has his own band which is blues, country, rock.  Sometimes it is someone who simply plays a guitar.  It would depend on the person hosting the party.  The entertainment is all inside.

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a second reading of Bill No. 3572, as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3572 was read for the second time.

Findings:  A vote in favor of the bill finds that the Petition, as submitted, would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over-tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.  A vote against the bill means that one or more of these findings are absent.

A roll call was taken for passage and approval of Bill No. 3572 with the following results: 
Ayes – Terbrock, Schmer, Fleming, Mellow, Leahy, McDowell, Boerner.   Nays – Suozzi.  Bill No. 3572 was approved by a vote of 7-1, and became Ordinance No. 09-15.

CONSENT ITEMS:  (Budgeted items which are low bid and do not exceed expenditure estimates and/or items which have been previously approved in concept.)

A. None.

MAYOR’S REPORT

Committee Assignments:  Mayor Pogue announced the following aldermanic committees:

Finance & Administration:  Alderman Boerner (Chairman);  McDowell, Schmer, Fleming
Public Health & Safety:  Alderman Suozzi (Chairman); McDowell, Leahy, Boerner
Parks & Recreation:  Terbrock (Chairman); Suozzi, Leahy, Mellow
Public Works:  Fleming (Chairman); Terbrock, Schmer, Mellow

Future Meetings:  A motion was made by Alderman Terbrock and seconded by Alderman Suozzi to cancel the Board of Aldermen meeting on May 25 due to the Memorial Day holiday.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Terbrock and seconded by Alderman Suozzi to use the summer meeting schedule which cancels the June 8, July 13, and August 10 Board of Aldermen meetings unless a special meeting is necessary with appropriate public notification.  The Board meetings will be held on June 22, July 27, and August 24.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Workshop/Retreat:  Mayor Pogue said the Work Shop / Retreat is scheduled for Monday, May 18, at 4:30 p.m.  The Board will tour the West County Community College and view its energy saving program.

Liquor License Renewals:  A motion was made by Alderman Fleming and seconded by Alderman Terbrock to approve the Liquor License renewals that have been submitted for the fiscal period beginning July 1, 2009.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Great Streets Initiative:  Mayor Pogue said that there will be a meeting on June 2 with a brief presentation.  The time of this meeting will be provided when it becomes available.  City Administrator Kuntz said that the first phase of this project is a study of the economic vitality of the Manchester Road corridor, seemed to lack some ownership by the public officials.  He said, with the new design element, the idea is to get the elected officials, as well as the Planning & Zoning Commission, to meet the design team that has been selected and ask questions and discuss the goal of accomplishment with the grant. 

Planning & Zoning Meeting re Schnuck’s petition:  Mayor Pogue said that this re-scheduled meeting will be held on May 27 at 7:00 p.m. at The Pointe in the gymnasium. 

CITY ADMINISTRATOR’S REPORT

Health Insurance:  City Administrator Kuntz said this is regarding a multi-city health insurance pool.  This concept involves 18 St. Louis area cities.  Most of the same cities that we are currently in a pool with for liability, worker’s compensation, automobile coverage, called SLAIT (St. Louis Area Insurance Trust) have been in this pool for 20 plus years and benefitted from the experience.  He said this will provide a pool of 1,200 people for insurance coverage instead of Ballwin’s present 150.  Between a combination of a larger pool, some self-insurance of risk and lower claims experience, the pool can achieve some greater economies of scale.  He said it is recommended that Ballwin participate in the change, which will involve changing from Blue Cross Blue Shield to United Health Care, which is the carrier that we have previously used.  This will be a 3-year commitment to the group so that there will be an experience record to see if this will be cost effective.  This will give a data tracking time period to accurately assess the trending.  The premium will remain the same until April 2010.  He recommended that the city join the group and become a member of the larger insurance pool. 

Alderman McDowell asked if pre-existing conditions will be covered.  City Administrator Kuntz said that everything will be covered and there is no reduction in benefits.  To keep the premiums down over the years, we have gone heavy with the co-pays.  He said that this is more generous because it is a bigger group.  The employees will get a break on co-pays. 

Alderman McDowell said that he checked with Chesterfield, Richmond Heights, and Clayton who are in the program.  He said they are satisfied with the program and have no complaints. 

A motion was made by Alderman McDowell and seconded by Alderman Terbrock to approve participation in the SLAIT Multi-city Health Insurance Pool for a 3-year period.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Phone Equipment Upgrades:  City Administrator Kuntz said this is an opportunity to upgrade the previously authorized equipment for the phone system.  To take advantage of equipment availability, it is recommended that we proceed with the acquisition of upgraded hardware at an additional cost of $5,982.  He said this is a technology enhancement at a very reduced price than if we had purchased on the open market. 

Alderman McDowell said that years ago, Alderman Fleming suggested leasing the phone equipment.  He said that this cost is more beneficial than leasing the equipment.  City Administrator Kuntz said that this also gives the ability to use more automation and to rely less on an attendant, if the labor situation and costs require a change.  He said having the phones answered efficiently without relying exclusively on more staffing is the other benefit of this technology. 

A motion was made by Alderman McDowell and seconded by Alderman Leahy to approve the phone equipment upgrade.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Real Estate – Closed Session:  City Administrator Kuntz requested a closed session to discuss real estate transactions under the provision of the Missouri Sunshine Law.  The Board agreed.

Grant:  Police Chief Schicker said that a grant in the amount of $8,500 from the State of Missouri for DWI enforcement for the next fiscal year has been received.  He said that approval by the Board authorizing and accepting the grant is needed.  This is not for sobriety checkpoints.  City Administrator Kuntz said that this is to work with our stores and business establishments, restaurants and bars, to insure that there is compliance with the provisions of not serving under age minors. 

Alderman Terbrock said that sobriety checkpoints is mentioned in the document.  Police Chief Schicker said that the Department is not going to conduct sobriety checkpoints, and he will make sure that this wording is changed in the document from the State. 

A motion was made by Alderman Leahy and seconded by Alderman Fleming to authorize approval of the grant not to include sobriety checkpoints. 

Alderman McDowell said that if the grant states that this can be used for sobriety checkpoints, the Board should not handicap the Police Department by saying that it cannot be used for that purpose.  Police Chief Schicker said that the problem with sobriety checkpoints is that it uses an enormous amount of overtime with very low results.  The location of the checkpoints would be on side streets.  He said this would not be consistent with that type of operation. 

Alderman Fleming said that the wording in the grant includes anything that Ballwin or another municipality may want to do.  He said Chief Schicker’s application stated specifically what he is going to do and this is what the Board is approving. 

Alderman Schmer pointed out that Chief Schicker is choosing the saturation patrols rather than sobriety checkpoints. 

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

Goose Control:  City Administrator said that we do not have any determination by the State of Missouri on the application for a roundup.  Any goose roundup requires a State permit and State approval.  That paperwork has not been received.  He said that all this Board did a couple of months ago was to authorize submission of an application to see if our situation would meet the requirements by the State to grant a permit.  He said that this has not been received and no action can be taken.  By the time the Board meets again on June 22, it will be a moot point in terms of a roundup in 2009. 

CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS

Historic Structure Committee:  Alderman Fleming said this committee will meet on Tuesday, May 12, at 3:30 p.m. at The Pointe.  A tour will be conducted of the school site and the log cabin. 

Goose Control:  Alderman Fleming said that he did not vote to approve the roundup in 2005.  He said that if a permit is granted in 2009 by the State of Missouri, he will not vote for a roundup.  So far there has been no response from the State regarding a permit, and the Board won’t meet again until June 22.  He suggested that the border collie service be continued this year and prior to Ballwin Days. 

A motion was made by Alderman Fleming to approve use of the border collie service up to the previously budgeted amount of $8,000 and use the service up to at least Ballwin Days. 

Alderman McDowell said that this is a lot of money for a collie to run around and chase geese.  In response to Alderman McDowell’s question, City Attorney Jones said that a motion can be approved to expend up to $8,000 with approval of the majority of the Board. 

Alderman Schmer asked Jackie Seigal from Geese Peace about the molt period.  He said that now is the time for the border collie to work before the geese begin to molt.  If something is not done soon, when the geese lose their feathers, they won’t be able to leave the park.  Mrs. Seigal said this is true.  She said that in the report that was presented last Spring when Mayor Young asked about the status of the goose control program, it was stated that what is mandatory for this to work is a 2½ month program for the border collie which is $2,500.  She said that in the winter, migratory geese are passing through and will not be in the parks in the summer.  Nancy Schnell suggested that in the winter not many people are using the parks and the geese can be left alone during that time in the parks.  The dogs used in the program are trained for this purpose.  Someone’s dog cannot do what a trained border collie does.  The professional border collie company invests a lot of money in training a dog.  Another option is for Ballwin to purchase its own dog for use throughout the entire city.  She said that if the program needs to be shortened, the dog can be used in May before the molt starts.  The geese will leave St. Louis and go on the summer molt migration to the north.  They come back in the Fall.  The parks staff oils eggs in the city parks, and Geese Peace oils eggs on private property. 

Jackie Seigal said that in order to grant a roundup permit, this is a 3-vote process, local, regional and state.  The State vote normally takes place around May 15.  When the roundup is approved, the Conservation Department has a history of approving it the day of the roundup.  It can be approved at 3:00 a.m. and USDA will move into the park at 4:00 a.m.  She said that this has happened in multiple municipalities. 

Alderman McDowell said that the Board has made cuts in the budget.  He said that the rides and activities scare the geese away during Ballwin Days.  He said he has a problem allocating $2,500 to remove geese for Ballwin Days when there are other economic issues that are pressing the citizens of Ballwin.  He feels that it is unjustified to spend this money on the spur of the moment.  He said if the State gives approval to do away with the geese, we can make a decision at that time. 

Alderman Terbrock said there won’t be another Board meeting until June 22 to make a decision.  A roundup should not be discussed any longer because it’s out.  Mrs. Seigal said a roundup costs $3,000.  Nancy Schnell asked the Board to approve the offer made by Mrs. Lindhorst.  She said that this will remove the geese for Ballwin Days and for use during the Summer.  She said that the border collie program has been in effect for 3 years.  If the border collie is used in May, during the molt in June and July, the geese will be gone.  If the number of geese starts to increase, the program can be reinstituted in August. 

Alderman Fleming said that he still stands by his recommendation that the border collie be brought back.  He said that in 2005, we agreed to follow a program.  The program has led to reducing the number of geese in the parks.  Part of the program is the dog, changing the plantings around the pond, and oiling the eggs.  The whole program should be used.  He said that the dog was dropped out of the budget last year.  The discussion was regarding window washing at the Pointe and a variety of other subject.  He said that someone then said that we should get rid of the dog to save $8,000.  Another alderman then made the motion to get rid of the dog.  After only 30 seconds, the motion was approved.  He said that the program has been working and won’t cost much money.  He suggested that the program be continued. 

Alderman Schmer said that the amount is not $8,000;  $2,500 minus $1,000 donated, is $1,500.  The border collie program can be used for 2½ months, considered at that time, and only $1,500 will have been spent.  Alderman McDowell said that the only proven successful method is getting rid of the geese.  He said that he cannot approve this expenditure when there are pot holes to be fixed. 

Nancy Schnell said that the Conservation Department states that a roundup is a very temporary procedure that removes the geese that are there for 6 weeks of the molt.  After that time, geese start flying again and come back. 

Alderman Suozzi said that she agrees with Alderman Fleming.  She said that she has not heard any factual data that a roundup is successful.  She asked if Forest Park is still doing roundups.  Mrs. Seigal said no.  They are using the border collie program and there are zero problems.  Alderman Schmer asked if there are any municipalities in St. Louis city or county that are doing roundups.  Mrs. Seigal said no. 

The motion was amended by Alderman Suozzi that if $1,500 or $2,500 will accomplish the goal for this year, it should be limited to that expense.  Alderman Fleming said that since he is not sure what the exact number should be, he suggested up to $4,000 and for City Administrator Kuntz to negotiate in good faith to not even approach that number. 

The motion made by Alderman Fleming was re-stated as follows:  to authorize the City Administrator to use up to $4,000 for the dog service in the park for goose control.  The motion was seconded by Alderman Suozzi.  A voice vote was taken with the following results:  Aye:  Suozzi, Schmer, Fleming, Mellow.  Nay:  McDowell, Terbrock, Boerner, Leahy.  Mayor Pogue cast the deciding vote by voting Nay.  The motion failed by a vote of 5-4.

Mayor Pogue asked about using third party funds for the program.  City Attorney Jones said that the expenditure of city funds has to first be authorized.  After that, the City Administrator can be authorized to negotiate for the acceptance of third party funds if available to reduce the funds that have been authorized from the city. 

Alderman Boerner asked for clarification on what has been applied for to the State.  City Administrator Kuntz said that an application has been submitted to the Missouri Department of Conservation to conduct a roundup in Vlasis Park based on a description of a problem situation.  If approved, the Board must vote to accept that program and agree to expend $3,500 which is what the State charges to conduct the roundup.  All the Board has done so far is to authorize submitting an application. 

Alderman Fleming said it doesn’t seem that anyone misunderstood that the motion was to apply for an application.  He said the misunderstanding seems to be, what does the application do.  Director of Parks and Recreation Bruer said that approval does not mean that they will show up the next day and do the roundup.  Alderman Terbrock said that in the past, we were accepted for the permit, but the Board decided not to approve the roundup. 

Alderman Suozzi said that the roundup was not approved in 2005 and the border collie program began in 2005.  She said that for the past 4 years, the Board has approved this expense.  Director of Parks and Recreation Bruer said that it all depends on how much control you want.  She said that there are a lot of migratory geese that come in the Fall and a lot of park users until October.  She said that the original proposal for use of the border collie was 5 – 6 months.  She said that the dog was used for 8 months because of people using the parks. 

Alderman McDowell said the offer to accept private funds is a dead issue because the Board voted not to participate in the program. 

Alderman Terbrock asked if it is a viable option to have our own dog for the program.  Director of Parks & Recreation Bruer said that it will almost require a full-time employee for this purpose.  Wyndsong Border Collies spends a lot of time in the parks several times each day. 

Alderman Schmer said that because the motion was voted down, we are not going to do anything and we are abandoning what has been done in the past 4 years, while we wait for a response on the roundup.  We will be doing less now than has been done in the past several years.  If the geese become a bigger problem, we are not going to do anything. 

A motion was made by Alderman Suozzi to accept the donation offer of Mrs. Lindhorst, and spend up to $1,500 in conjunction with her $1,000 donation to pay for the border collie service to continue the program that the Board supported for 4 years, as one element in the entire program of egg oiling, etc., since a lot of effort has been put into the program to control the geese. 

Alderman McDowell said that when a motion has failed, there is a time frame to re-introduce a similar motion.  He said there is a 30-day timeframe before this can be done.  City Attorney Jones said that he is not aware of any restriction on this kind of expenditure by the City.  There are certain restrictions on zoning proposals when they are defeated in the period of time before it can be brought back.  He said this does not extend to resolutions.  City Administrator Kuntz said that Alderman Suozzi’s motion is not the same motion that was defeated.  City Attorney Jones agreed. 

The motion was seconded by Alderman Boerner.  Aye:  Suozzi, Schmer, Fleming, Boerner, Mellow.  Nay:  Terbrock, Leahy, McDowell.  The motion was approved by a vote of 5 – 3. 

Alderman McDowell said that he contests the vote because he believes the intent was the same as the defeated motion.  City Attorney Jones said that Alderman Suozzi’s motion included both which was the expenditure by the city of up to $1,500, and the acceptance of third party funds up to $1,000.  He said that this was a different motion. 

Adjourn to Closed Session:  A motion was made by Alderman Suozzi and seconded by Alderman Mellow to adjourn to closed session to discuss real estate.  A roll call vote was taken with the following results:  Ayes:  Aldermen Boerner, Mellow, Fleming, Leahy, Suozzi, Schmer, Terbrock, McDowell. 
Nays:  None.  The motion passed to adjourn to closed session at 8:50 p.m. 

Closed Session:
The Board convened in closed session at 8:55 p.m.

City Administrator Kuntz led the discussion with an overview of a potential property line dispute.  Alderman McDowell added historical perspective.  It was determined that survey data should be obtained as a pre-condition to preliminary negotiations with the adjacent property owner.

The second real estate related issue involved potential disposal of city property.  Alderman McDowell made a motion to include the City Attorney in this discussion.  This motion was seconded by Alderman Fleming and approved unanimously.  City Attorney Jones was directed to pursue this option with all affected parties.  No formal action was taken.

A motion was made by Alderman Terbrock and seconded by Alderman Suozzi to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 9:30 p.m.

The Board reconvened in open session at 9:32 p.m.

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 9:33 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC