The Ballwin Board of Aldermen will meet in a “Town Hall” session on Monday, September 12, at 6:30 p.m. at the Ballwin Golf Club, 333 Holloway.  The Town Hall format will enable Ballwin residents to address the Board for an extended period of time regarding any issue.  The regular Board of Aldermen meeting will follow. 

This meeting and all other City of Ballwin meetings are open to the public.

 

Robert Kuntz,
City Administrator 

 

THE MINUTES OF ALL CITY OF BALLWIN MEETINGS CONTAIN A RECORD AND RESULTS OF VOTES AND PROVIDE A GENERAL SENSE OF THE DISCUSSION.  THE MINUTES ARE NOT A VERBATIM RECORD OF THE MEETINGS.

The meeting was called to order by Mayor Young at 7:30 p.m.

 

The Pledge of Allegiance was given.

A moment of silence was observed for the victims of Hurricane Katrina.

The Minutes of the August 22, 2005 6:30 p.m. Work Session were submitted for approval.  A motion was made by Alderman Suozzi and seconded by Alderman Pogue to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 The Minutes of the August 22, 2005 Board of Aldermen meeting and Closed Session were submitted for approval.  A motion was made by Alderman Suozzi and seconded by Alderman Pogue to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 The Minutes of the August 22, 2005 7:30 p.m. Work Session were submitted for approval.  A motion was made by Alderman Robinson and seconded by Alderman Suozzi to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

None

Michael Apple, representing the Masonic Temple at 202 Ries Road:  Mr. Apple asked that Ballwin vacate the excess right-of-way along Ries Road.  He is willing to give the owners of the adjacent property access across the vacation until such time as the properties are developed.  He requested that a decision be made at this meeting.

None.

BILL # 3372 - AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY THE ADDITION OF A NEW SECTION 24-8 ENTITLED “MANCHESTER ROAD SIDEWALK COSTS”.

 

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a first reading of Bill No. 3372.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3372 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Pogue for a second reading of Bill No. 3372.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3372 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3372 with the following results:  Ayes –Robinson, Gatton, Lembke, Pogue, Terbrock, Suozzi, Fleming.    Nays – None.  Whereupon Mayor Young declared Bill No. 3372 approved and it became Ordinance No. 05-39.

BILL # 3373 - AN ORDINANCE IN THE CITY OF BALLWIN, MISSOURI, TO READOPT ORDINANCE No. 03-50 WHICH ESTABLISHED A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN MUNICIPAL OFFICIALS.

A motion was made by Alderman Robinson and seconded by Alderman Terbrock for a first reading of Bill No. 3373.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3373 was read for the first time.

 A motion was made by Alderman Lembke and seconded by Alderman Suozzi for a second reading of Bill No. 3373.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3373 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3373 with the following results:  Ayes –Gatton, Robinson, Pogue, Lembke, Terbrock, Fleming, Suozzi.    Nays – None.  Whereupon Mayor Young declared Bill No. 3373 approved and it became Ordinance No. 05-40.

A RESOLUTIONdesignating the National Incident Management System (NIMS) as the basis for all incident management in the City of Ballwin, Missouri.

City Administrator Kuntz explained that the Emergency Management Coordinators are Police Captain Steve Schicker and Code Enforcement Supervisor Jerry Klein.  The current operation plan will be reviewed in the next few months.  There is a mutual aid agreement for regional coordination with the Lafayette Area Mayors’ Organization which will also review the plan. 

Alderman Lembke said that the NIMS program is a good management system.  It is a management structure that has been proven to work.  Approval of this Resolution states that Ballwin will be a part of this effort.  With this Resolution there is a commitment to be a part of the program and utilize the system.  This is a positive first step to be part of this program. 

A motion was made by Alderman Lembke and seconded by Alderman Pogue for a reading of the Resolution by title only.  A voice vote was taken with a unanimous affirmative result and the Resolution was read by title only.

A voice vote was taken for passage and approval of the Resolution with a unanimous affirmative result and the Resolution was approved.

 

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

Special Use Exception Transfer – Hobby Lobby:  A motion was made by Alderman Lembke and seconded by Alderman Terbrock to transfer the S.U.E. to Hobby Lobby.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Special Use Exception Transfer – Mobil Station at 15302 Manchester Road:  City Administrator Kuntz said that accompanying this petition is a request for the issuance of a liquor license for package sales.  Alderman Robinson expressed concern about left turns being made out of the north New Ballwin Road curb cut at this location and asked that the curb cut be closed for safety.  City Administrator Kuntz said that this type of issue has not been a contingency on a simple transfer in the past.  City Attorney Lucchesi agreed. 

Andy Neeley, General Manager for Midwest Petroleum Company, said he is not very familiar with this property.  He said that it’s important that the liquor license be approved at this time because the sale will take place on September 19 and possession on September 21.  On the first day of business they want to be able to sell a full range of products that they offer. 

City Attorney Lucchesi said the owner can volunteer to prohibit left turns out of their location, but this cannot be a condition for the transfer of the Special Use Exception. 

Mr. Neeley said that he cannot agree to close the curb cut without some study.  He said he is willing to limit exiting left turns from this curb cut.  Alderman Lembke said he is willing to support the transfer if they will limit the left turns out.

A motion was made by Alderman Lembke and seconded by Alderman Pogue to approve the Special Use Exception transfer and the liquor license.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Smoking Request:  City Administrator Kuntz said that the Seventh Inn is asking for an exemption from the Smoking Ban which will go into effect on January 2, 2006.  If the Board decides to make this accommodation, it will require a change in the ordinance.  The letter from Seventh Inn states that a major issue supporting the request is the design of her facility.  Alderman Fleming said that this request is hard to consider without Ms. Barth being present.  He does not think the law should be changed or exemptions allowed prior to its becoming effective for restaurants.  Business activity usually goes up and down.  Enough time is being given for businesses to adjust their business plan.

A motion was made by Alderman Robinson and seconded by Alderman Lembke to end the discussion.  Mayor Young refused to end the discussion saying that the City has a responsibility to discuss this issue.

Alderman Lembke said that he does not like the tone of the letter from Ms. Barth.  He said the letter presents a blackmail approach to moving out of Ballwin.  The law is not yet in effect and he does not accept her argument that people think that it is already in effect.  He does not believe that a smoking ban will hurt her business.  If the Board grants this request for the Seventh Inn, the City will have to do it for all.  The law is in the best interests of all of Ballwin.  He said this is not the time to reopen this discussion.  He also said that ventilation systems do not solve the whole second-hand smoke issue.

Alderman Terbrock said that he is not a proponent of this law, however, this is not the forum for this issue.  He does not think that exemptions should be made at this time.  Alderman Fleming said that question of exemptions should be dealt with on a broader basis and not a case-by-case basis.

A motion was made by Alderman Fleming and seconded by Alderman Robinson to postpone discussion at this time.  A voice vote was taken with a unanimous affirmative result and the motion passed.

TIF Recommendation:  Mayor Young said that it was the Commission’s recommendation to remove all properties from all sub areas. 

A motion was made by Alderman Suozzi and seconded by Alderman Pogue to remove sub area 2b from the TIF district. 

Mayor Young pointed out that the current TIF district is aging and may not be very useable at this time.  City Administrator Kuntz said that this overlaps with the real estate issue to be discussed in closed session.  Alderman Fleming asked why did the Commission vote on all sub areas instead of just 2b.  City Administrator Kuntz said that the discussion was about amending district boundaries, furthermore, the Commission had previously discussed all of the subareas.  The Board can deal with sub area 2b now and can revisit other sub areas later.  Alderman Lembke and Alderman Fleming agreed.

Alderman Suozzi amended her motion, which was seconded by Alderman Pogue, to draft legislation to remove sub area 2b from the TIF district.  A voice vote was taken with a unanimous affirmative result and the motion passed.

 Facility Usage:  City Administrator Kuntz provided a history of the facility usage policy.  The question has been raised whether it should be expanded to include other city facilities.  Alderman Robinson said the golf clubhouse is presently not free.  It has been represented by some as being a free facility.  He said he is opposed to having the golf clubhouse available at no charge because Ballwin incurs cost when it is used.  There is a political use prohibition.  The current policy of free aldermanic use is in effect a promotion of a political agenda. 

A motion was made by Alderman Robinson and seconded by Alderman Fleming that the current policy for free usage of the Board room not be changed.  The motion passed unanimously. 

Alderman Lembke asked how often are there scheduling problems for the free usage of the Board room.  City Administrator Kuntz said this sometimes happens.  Alderman Lembke asked if another facility could be made available as a backup if there is a conflict.  City Administrator Kuntz said that it is hard to enforce some aspects of the policy.  People are not always truthful about the proposed use.  Alderman Fleming said that the Board room is usually available.  Alderman Terbrock said he sees no reason to change the policy if it’s not necessary.

Mayor Young said that the recent issue was finding a large enough space for two subdivisions to meet.  If the Board room is too small, there is a need to allow the clubhouse for large groups.  The people using the facility could be responsible for taking care of the tables and chairs, which will eliminate the cost for our personnel to set up the room, and the Police could be called to lock up the building afterward. 

Alderman Lembke asked about the subdivision that have already paid to use the clubhouse.  City Administrator Kuntz said that one time, Mayor Jones sponsored Claymont.  Alderman Gatton said that there are non-city facilities in the area such as schools.  He asked if this discussion also includes a 50% discount on refreshments.

Mayor Young said the refreshment discount was eliminated a long time ago.  The matter here is if the Board wants to eliminate all free and discounted usage of the clubhouse.  This was the staff recommendation.

A motion was made by Alderman Fleming and seconded by Alderman Suozzi to accept the recommendation.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Alderman Gatton asked if this has been discussed with any other people eligible for the benefit.  City Administrator Kuntz said no, but it was not raised as an issue in the recent benefit survey.  This is not used much by employees.

Alderman Lembke asked about standing reservations.  City Administrator Kuntz said they will be grandfathered under the previous regulations.

Children at Play:  City Administrator Kuntz asked that this item be held over to the next meeting.

Masonic Temple:  Alderman Terbrock abstained from discussion due to a potential conflict of interest.  Alderman Fleming said that all surrounding property owners should be given the opportunity to attend any discussion on this matter.  City Attorney Lucchesi suggested the Board authorize staff to move forward with this and have the petitioner bear the costs.  Alderman Lembke asked what will be the impact of the city refusing to vacate this property.  Mr. Apple said it will make the building more expensive.

A motion was made by Alderman Fleming and seconded by Alderman Pogue to begin this process and contact the surrounding property owners. 

Alderman Fleming withdrew the motion.

A motion was made by Alderman Fleming and seconded by Alderman Pogue to hold this matter over.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Workers’ Comp:  City Administrator Kuntz asked this item be held over to the next meeting.

Closed Session – Real Estate:  City Administrator Kuntz announced that a closed session will be held after the Board meeting to discuss real estate, per the provisions of Section 610.021 of the Missouri statutes.

Seven Trails West:  By unanimous consensus of the Board, City Attorney Lucchesi was authorized to take whatever steps are necessary to resolve the dispute with Seven Trails West Apartments. Alderman Fleming abstained from discussion or voting on this matter.

Emergency Generators – Alderman Pogue suggested amending the noise ordinance to allow for the use of generators in case of emergency where there is power outage for 12 hours or more.  Alderman Lembke does not think that the use of generators should be limited at all during a power outage emergency.  City Administrator Kuntz said that Ballwin needs to be sensitive to both sides of this issue.  If a generator is running all night close to the neighbor’s bedroom window, this will be a problem for the neighbor without a generator.

A motion was made by Alderman Lembke and seconded by Alderman Pogue to draft legislation for consideration.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Suozzi and seconded by Alderman Fleming to adjourn to closed session, according to the provision of Section 610.021 of the Missouri statutes for the purposes of discussing a pending real estate transaction.  A roll call vote was taken with a unanimous affirmative result and the motion passed to adjourn to closed session at 9:30 p.m.

The Board convened in closed session at 9:35 p.m.

A motion was made by Alderman Gatton 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 10:05 p.m.

The Board reconvened in open session at 10:07 p.m.

Mayor Young announced that the Board met in closed session to discuss real estate.

A motion was made by Alderman Lembke and seconded by Alderman Gatton to hire Norm Hennenberg, a real estate agent, and to offer $8/sq. ft. for the second and third parcels and to take the offer at $17/sq. ft. for the first parcel.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 10:10 p.m.

Walter S. Young, Mayor

ATTEST: 
Robert A. Kuntz, City Administrator

MC