The Ballwin Board of Aldermen will conduct an informal work session on Monday, August 22, starting at 6:30 p.m. in the Board room at the Donald “Red” Loehr Police and Court Center at 300 Park Drive.  The purpose of this session will be to discuss a few of the topics proposed by Alderman Fleming, such as

The regular Board of Aldermen meeting will commence at 7:00 p.m.

An aldermanic work session will be conducted after the adjournment of the Board of Aldermen meeting.  The purpose of this session will be to discuss financial issues.

These meetings and all other meetings are open to the public and the building is handicapped accessible.

Robert Kuntz, City Administrator

The meeting was called to order by Mayor Young at 7:09 p.m.

The Pledge of Allegiance was given.

The Minutes of the August 8, 2005 Workshop Session were submitted for approval.  A motion was made by Alderman Buermann 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.

The Minutes of the August 8, 2005 Board of Aldermen meeting and Closed Session were submitted for approval.  A motion was made by Alderman Buermann 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.

Becky Schneider, 566 Windsor Mill:  Ms. Schneider spoke regarding the Canada Geese.  Ms. Schneider said that she walks over to Vlasis Park  everyday to see the geese and  there are other people who do the same.  She said that she heard that one of the things that was considered was actually rounding them up and killing the geese.  She said she finds that unconscionable.  Ms. Schneider said, “I can’t understand doing that, but I understand that that’s not the road that you took, but I don’t know that you’ve made a permanent decision about it.  I want to 1) support the animals because they can’t come in and say anything to you, 2) find out what the next steps are that you’re considering, and when this is going to come up on the agenda again.”

Mayor Young said that it won’t be probably until next year.  He asked Ms. Schneider to provide her contact information to Linda Bruer.  He said we have started the process.  It’s not going to happen overnight.  He said you will notice a decrease and I’m hoping that over the future, we’ll still have a few geese, but not 180 geese here.

Ms. Schneider asked if at this point, are there active plans to do any harm to the animals?  Mayor Young said no, none other than chase them off.  Ms. Schneider said there are other people who come to the park to see the geese.  It’s a real asset to the park to have wildlife.

Jennifer Robinson, 41 Log Hill Lane:  Mrs. Robinson spoke regarding Helmets and Child At Play signs.  Ms. Robinson said you can educate parents all you want to, but if the parents are not going to put the helmet on their kid, it’s better to educate the children.  She said you need to start with the children to make them accountable for their behavior and why they need to do it.  If you go the route of awareness for kids and what can happen, and maybe even involve doctors, and show the kids that they cannot walk, cannot talk, cannot play or eat, that might be a good way to go.  She said she doesn’t believe in scaring kids, but she does believe in making them aware of what can happen to them.

Mrs. Robinson then said we all think the speed limit is 25, but to a lot of people that means that you never get busted for 5 over.  She said that means it’s really 30 mph, and then all of a sudden my kid has been hit by a car.  She would be willing to help pay for signs.  City Administrator Kuntz said the concept was approved tonight and we should have something real soon.

None.

BILL # 3371 - AN ORDINANCE AMENDING CHAPTER 1, SECTION 1-2 ENTITLED DEFINITIONS BY THE ADDITION OF A NEW DEFINITION FOR THE TERM “EMERGENCY VEHICLE,” AND BY AMENDING CHAPTER 15, SECTION 15-257 BY DELETING THE PRESENT SECTION AND SUBSTITUTING A NEW SECTION 15-257 THEREFOR.

A motion was made by Alderman Buermann and seconded by Alderman Robinson for a first reading of Bill No. 3371.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3371 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock for a second reading of Bill No. 3371.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3371 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3371 with the following results:  Ayes –Fleming, Pogue, Lembke, Buremann, Gatton, Robinson, Suozzi, Terbrock.    Nays – None.  Whereupon Mayor Young declared Bill No. 3371 approved and it became Ordinance No. 05-38.

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

City Administrator Kuntz said the radio system equipment is much needed and will very much affect the job that the communications personnel due on a regular basis.  Having reliable equipment in an area as critical as the communications center is very important.  He said that staff did a lot of homework in putting the bid proposal together, they got competitive prices, and are within budget.

Jerry Cummins, Claymont:  Mr. Cummins questioned the purchase of radios costing so much money.  Police Chief Biederman explained that this is not for car radios, it is the main radio system.  This is a dispatch consol radio, which is one system.

Mr. Cummins asked if there is there something wrong with the equipment we have.  Police Chief Biederman said the equipment is 25 years old and we can’t get parts for it any longer.

Alderman Robinson explained that the highest bid was $104,000, and the second highest bid was $98,580, and this bid.  This was a process that when we go over our budget much earlier in the year, we begin our budget process the year before.  We have to approve what we are going to spend this year, so all of our department heads come to us a year in advance to let us know what they need in their department to keep us functioning in a manner that Ballwin residents deserve.  With respect to this system in particular, we had been delaying the inevitable.  If your concern is that maybe we don’t need this, let me assure that we do need this.  He said we spent a lot of time a year ago trying to decide what we were going to cut because we made decisions on how to prioritize our spending, and we approved this a year ago.

At this point, Mr. Cummins was satisfied with the explanation.

Special Use Exception Transfer – Ballwin Oaks Plaza:  Mayor Young said that we discovered that the plaza changed ownership in August, 2004.  Tom Lotus, property manager for Ballwin Oaks, Walport Properties, 11457 Old Cabin Road, 63141 is present to answer questions from the Board. 

City Administrator Kuntz said the only issue is the common thread that we are experiencing with all S.U.E. transfers on Manchester Road, and that is the unresolved question regarding the sidewalk improvement project that is currently underway.

Mayor Young asked if he has agreed to participate in that plan.  Mr. Lotus said yes, as long as it’s 30%.  City Administrator Kuntz said his share is the 30% which is what our share is.  He said Mr. Aiken will send a letter of approval and confirmation, assuming the Board does that tonight.

A motion was made by Alderman Buermann and seconded by Alderman Terbrock to approve the S.U.E. transfer for Ballwin Oaks Plaza.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Appointments:  Board of Adjustment:  Mayor Young said that Don Mertz has decided not to continue on the Board of Adjustment.  He has been on this Board since 1972.  He has devoted a career here and has done a fine job.  Mayor Young suggested a representative from Ward 1 since this ward is not currently represented on the Board of Adjustment.  Alderman Pogue recommended Gary Winter.  He is an active member of the community and has been involved very extensively with the Ballwin Athletic Association.  He was previously considered for a position on the Planning & Zoning Commission. 

A motion was made by Alderman Pogue and seconded by Alderman Terbrock to appoint Gary Winter to the Board of Adjustment.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Arts Commission:  Mayor Young said that he has been asked to appoint Gail Strong to the Fine Arts Commission as a voting member.  She has been attending the meetings and assisting with events for over a year.  Because of her dedication to the commission and her professional background, it has been requested that she become an official member of the commission.  Christopher Howard will be removed from the commission due to difficulty attending meetings. 

Alderman Lembke said that the Fine Arts Commission needs business input to help drive the commission forward rather than just people who are artists, and Gail Strong has the business background. 

A motion was made by Alderman Suozzi and seconded by Alderman Buermann to appoint Gail Strong to the Fine Arts Commission.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Mayor Young said that the ordinance also calls for an appointment of an alderman to the Fine Arts Commission as a liaison.  He asked if an Alderman would like to volunteer to fill the position until April, and then will go back to the normal process.  Alderman Lembke said that since this commission meets at in the early evening, he volunteered to fill this position. 

A motion was made by Alderman Robinson and seconded by Alderman Terbrock to appoint Alderman Lembke as the aldermanic liaison for the Fine Arts Commission.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Future Meetings:  City Administrator Kuntz asked for direction regarding the proposed budget meeting schedule.  The first work session would be held on October 24 at 5:30 p.m.  There will be two nights that will require an early starting time.  Mayor Young said that November 14 is a scheduled Town Hall meeting at West Springs Church at Ries Road and Big Bend.  A Saturday would be another option for the budget meeting.  After discussion regarding the starting time of the October 24 budget work session, the Board agreed to start the meeting at 5:30 p.m.

Cash Flow:  City Administrator Kuntz said the date of the bond payment is in August.  Typically our construction projects seem to hit about that time.  What’s complicating this one is the invoice on the Manchester Road sidewalk because it’s a reimbursable grant.  He said until we pay it, we don’t get it back from the State.  Sometimes it’s going to be 4 weeks or 6 weeks.  In the event that we have a cash flow issue, we have the funds, we will make budget.  He suggested a motion of authorization to do that, with the idea that it would then be restored by the end of the year or the first of next year, as quickly as possible.

A motion was made by Alderman Lembke and seconded by Alderman Gatton to authorize the transfer of funds, if necessary, from operations to capital, and will be restored by the end of the year or the first of next year as quickly as possible.  A voice vote was taken with an affirmative result and the motion passed.

Closed Session – Real Estate:  City Administrator Kuntz asked that the closed session regarding real estate be conducted after the work session.

City Attorney Lucchesi said that he has researched generating funds for sidewalks.  He said the statutes are fairly strong in our favor that we can do by ordinance a formula in order to charge for sidewalks in front of properties, just by ordinance.

City Administrator Kuntz said that we are trying to avoid this dialog and negotiations.  It has always troubled me that due to timing, one property owner comes forward as a good corporate citizen, and the next one does not want to participate, and it doesn’t seem inherently fair.  He said he wants to figure out a way to come up with a level playing field so that the people who ask for the S.U.E. two weeks from now, after the sidewalk is down, doesn’t get treated the same as this gentleman that came in here tonight and the gentleman who came in here two weeks ago.

A motion was made by Alderman Lembke and seconded by Alderman Robinson to draft legislation to collect funds from the S.U.E. transfers for sidewalk work.  A voice vote was taken with a unanimous affirmative result, and the motion passed.

Alderman Pogue thanked the Parks & Recreation staff and Public Works staff for the fast action of recovery from the storm damage.  There are a lot of residents who are grateful for the fast service.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn.  The motion passed unanimously and the meeting was adjourned at 7:51 p.m.

City Administrator Kuntz announced that the Board is going to go into a work session to discuss the City’s future finances.  This work session was advertised.  Everyone is welcome to stay and listen to the open public meeting discussion.  It is not anticipated that any official action will be taken, but this could happen.

WORK SESSION:  The Work Session was called to order at 7:54 p.m. 

The Work Session adjourned at 8:58 p.m.

 A motion was made by Alderman Suozzi and seconded by Alderman Terbrock to adjourn to closed session, according to the provision of Section 610.021 of the Missouri statutes for the purpose of discussing real estate.  A roll call vote was taken with a unanimous affirmative result and the motion passed to adjourn to closed session at 9:00 p.m.

The Board convened in closed session at 9:05 p.m.

A motion was made by Alderman Buermann and seconded by Alderman Lembke to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 9:21 p.m.

The Board reconvened in open session at 9:22 p.m.

Mayor Young announced that the Board met in closed session to discuss a real estate issue, J.B. Automotive property.  He said that Petersons want out of their property to allow City Administrator Kuntz to do an economic feasibility study of the property.     The motion was made by Alderman Buremann and seconded by Alderman Suozzi.  A roll call vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Buermann and seconded by Alderman Lembke to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 9:22 p.m.

Walter S. Young, Mayor

ATTEST:
Robert A. Kuntz, City Administrator

MC