The Ballwin Board of Aldermen will conduct a special aldermanic workshop on Monday, August 8, 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 interview issues, priorities, concerns and financial considerations.

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

    The aldermanic workshop will continue after the adjournment of the Board of Aldermen meeting.

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 7:05 p.m. 

The Pledge of Allegiance was given.

The Minutes of the July 25, 2005 Agenda Review meeting 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 July 25, 2005 Board of Aldermen meeting were submitted for approval.  Alderman Fleming amended the amendment that he made to the June 27, 2005 Minutes of the Board of Aldermen meeting on Page 5 as follows:  Ms. Schnell said “I wish we had the opportunity to work with you for one year.  Give us a year where we can hash all of this out.  A year from now, re-evaluate what’s going on in the park.  If you don’t like it, have a roundup.  We won’t say anything; we’ll say, well, we failed, but we won’t if you’ll give us a chance.”

A motion was made by Alderman Fleming and seconded by Alderman Lembke to approve the Minutes as amended.  A voice vote was taken with six affirmative votes, and the motion was declared passed.  Alderman Robinson abstained from the vote since he was not present at the July 25 Board meeting.

City Administrator Kuntz introduced Nik Delger, Summer Intern, to the Board.  Nik is in his second year at University of Missouri- St. Louis, to obtain his Masters degree in Public Policy Analysis.  He anticipates graduating in May and progressing into city management.  Nik gave a summary of the work he has been doing for the City.  He has been working with Assistant City Administrator Aiken and Code Enforcement Supervisor Klein developing a business data base for commercial and future economic development.  He has conducted a comprehensive survey of all of the businesses and commercial property in Ballwin.  Some of the information obtained is property owner, year the business opened, and number of vacancies.  He explained that the purpose is to categorize the businesses into different classes, such as personal services, professional services, retail, restaurants, general merchandise, tax generating businesses, non-tax generating businesses, etc.  The amount of square footage is being documented as well.  When the project is completed, there will be an analysis to compare square footage with revenue generated.  He said that a lot more service oriented businesses are moving into Ballwin.

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BILL # 3368 - AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, ENTITLED ”SUBDIVISIONS”, BY AMENDING SECTION 25-124 “FEE IN LIEU OF LAND DEDICATION,” SUBPARAGRAPH (A)(2) BY REVISING THE COST OF LAND AMOUNT.

A motion was made by Alderman Buermann and seconded by Alderman Gatton for a first reading of Bill No. 3368.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3368 was read for the first time.

A motion was made by Alderman Gatton and seconded by Alderman Fleming for a second reading of Bill No. 3368.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3368 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3368 with the following results:  Ayes –Robinson, Gatton, Lembke, Suozzi, Terbrock, Buermann, Fleming.  Nays – None.  Whereupon Mayor Young declared Bill No. 3368 approved and it became Ordinance No. 05-35.

Alderman Robinson asked if this new ordinance can be applied to matters now pending before the Planning & Zoning Commission.  City Attorney Lucchesi said this cannot be used regarding any items that have already come to the Planning & Zoning Commission.  City Administrator Kuntz said that the proposal includes a fee, not an amenity.  Everyone will be subject to the fee. 

BILL # 3369 - AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-9 ENTITLED “USER FEES” BY DELETING THE PRESENT SUBPARAGRAPH (D) “RECREATION CENTER” AND SUBSTITUTING A NEW SUBPARAGRAPH THEREFOR.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3369.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3369 was read for the first time.

Alderman Lembke said that Ballwin is looking at what amenities we are offering and attempting to insure that our fees are appropriate, are covering our expenses, and making sure that we are doing this properly.  Any rentals under contract go with the original fees and will be honored at that rate and not a new higher rate.

Alderman Buermann corrected a typo in section (d), Fees, not Fess.

Alderman Gatton said that normally when fee increases are requested, it is accompanied with a marketing analysis of what the comparable institutions in the market place are charging.  He said he has not seen this and asked if a study was made what comparable facilities are charging.

City Administrator Kuntz said that this has not been done in ten years and it was an ongoing project by staff all winter.  The uniqueness is a facility with a bar as opposed to a hall that is used for everything.  Because of the timeframe of ten years without an adjustment, that there was enough to base this on. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3369.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3369 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3369 with the following results:  Ayes –Gatton, Suozzi, Lembke, Terbrock, Fleming, Buermann, Robinson.    Nays – None.  Whereupon Mayor Young declared Bill No. 3369 approved and it became Ordinance No. 05-36.

BILL # 3370 - AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY THE ADDITION OF NEW SECTIONS 5-13, ILLEGAL HUNTING OR TAKING OF GAME, AND SECTION 5.14 FEEDING WILDLIFE.

A motion was made by Alderman Lembke and seconded by Alderman Robinson for a first reading of Bill No. 3370.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3370 was read for the first time.

Alderman Lembke said that this is the first step being taken in the recommendation of staff and GeesePeace toward making sure that people understand that part of the problem with deer, geese, and ducks in this community is their dependence on human feeding.  We are very serious about curtailing the problem in our parks and community, and that this is one of many steps that will be taken to try to curtail the geese problem in the City of Ballwin.

Alderman Gatton said that the joint committee of various cities on the deer issue in West County that one of the recommendations was to allow structured hunting of deer to reduce the problem.  He wanted to make sure that the proposed legislation will not eliminate that as an option.  He said in the future if a round up of geese is decided by the Board, that this will not be illegal.  City Attorney Lucchesi said that according to the State of Missouri this would be allowed, therefore, there is no problem with the proposed legislation.

City Administrator Kuntz said that if an organized hunt is proposed, an amendment will be necessary and very specific at that time.  As it currently stands, it is consistent with the policy of no discharge of any firearms in the community, including bow and arrow.  Alderman Gatton said that he is not advocating that we engage in hunts.  City Administrator Kuntz said that the proposed legislation is generic but expanded from the Chesterfield version to make sure it included other would include other wild fowl and not strictly the Canada geese or strictly the white tail deer. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke for a second reading of Bill No. 3370.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3370 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3370 with the following results:  Ayes –Buermann, Fleming, Robinson, Terbrock, Lembke, Suozzi, Gatton.  Nays – None.  Whereupon Mayor Young declared Bill No. 3370 approved and it became Ordinance No. 05-37.

 

Special Use Exception Transfer, 14751-14755 Manchester Road:  Mayor Young asked the property owner, Russ Lauer, to come forward to answer any questions from the Board.  Mr. Lauer said that there are two tenants, Dollar Tree and Knoll Florist, in the building.

City Administrator Kuntz explained the process for a Special Use Exception transfer.  He said that whenever a Special Use Exception is granted and the ownership changes, it does not automatically go to the new owner.  It is a re-application process.  The Special Use Exception in this case, as with most of the businesses along Manchester Road, has to do with front yard parking.  He said that this Board has traditionally raised any other property-related issues in conjunction with that discussion.  In this case, similarly, the discussion has been, as with other Manchester Road businesses, the sidewalk amenity that is contemplated and presently under construction.  When Ballwin Plaza was transferred from Pace Properties to Weingarten Realty, that discussion was held, and the new property owner conceded to make that improvement.  The Board naturally extended that discussion to treat all of the Manchester Road businesses in this fashion.  He said the only question is the construction of the Manchester Road sidewalk.  This property is on a corner lot, but this is only regarding the short section on Manchester Road. 

Mr. Lauer said that all of the retail properties along Manchester Road have front parking.  He said that he was surprised that four years after he bought the property that he received a notice that the Special Use Exception was necessary.  He said he was told that $250 is required for the Special Use Exception.  He questioned if this was really necessary because it is common knowledge that the parking is in front and not in back for retail businesses.  He said he filled out the form and sent in the money.  Five days before the hearing he received a notice that he should be present at the meeting regarding sidewalks.  He said this felt like extortion because this should have been done four years ago.  He said the people who are not getting transfers are not having to pay the fee for sidewalks.  He asked if this is true.

City Administrator Kuntz said that if there is no reason to come before the Board for any other approval, there’s no formal discussion.  Some have voluntarily, in the interest of being good citizens, have installed the sidewalk or contributed.  He said there is no technical or formal obligation unless there happens to be a reason to come before the Board for an issue such as Special Use Exception.  He said it’s like buying a piece of property that is in a fund for improvement and then buying it two years after the road is improved.  It usually is not a retroactive assessment.  He agreed that the timing is not to Mr. Lauer’s advantage.  This has been a consistent discussion for several years. 

Mr. Lauer said that this will come out of his pocket.  He said if he had been notified four years ago that this needs to be done, it would have been dealt with at that time. 

Alderman Robinson said that it does make perfect sense to have retail parking in front of the building.  It also makes perfect sense for the property owner to contribute to the enhancement of the business district in Ballwin.  He said a number of businesses before Mr. Lauer have contributed to this improvement, extended the sidewalks in Ballwin, and he said that Mr. Lauer, for the past four years, without making the contribution, has enjoyed the benefit of the enhancement without making the contribution.  He asked Mr. Lauer to make the contribution and be a partner with Ballwin to enhance the business area along Manchester Road to complete this task. 

Mr. Lauer said he is in agreement with enhancing the value of his property.  He said in the four years that he has owned the property, he does not see a path worn in the grass where people have been walking.  While the City may have a grant to spend the money, it’s his tax dollars also that have gone towards this, and he doesn’t believe that there is a reason to do this.  He said he doesn’t see anyone walking across his lot to get to Plunket Furniture. 

Alderman Robinson said this is part of a master plan for all of Ballwin and is getting done piecemeal.  In the end, the plan is that there will be sidewalks through the whole area, more foot traffic will be generated and enhance all of the businesses.  He said that perhaps Mr. Lauer is at the beginning of the curve in his area and will enjoy the benefits a lot longer. 

Alderman Buermann said that this has been an ongoing project.  Alderman Suozzi said that any new construction or remodeling project, this is part of their site development.  Alderman Gatton said that every new facility along Manchester Road has contributed to this project.  Apparently the City was not notified that this property has changed hands.  As other properties have changed hands and people have come before the Board, they have been required to do this. 

Mr. Lauer said he will pay this if he has to, but he disagreed with the concept when there is no need for it.  He disagreed to having to put in money when he shouldn’t have to because there was a mistake made by the City, not him, on the timing of this issue.  He said he did not know that he was supposed to get a Special Use Exception at that time.  He requested that he be given the exception.

Alderman Gatton asked if the City was notified of the change in ownership of the property.  Mr. Lauer said that permits were obtained for improvements made to the property.  Alderman Gatton said that apparently we missed it.  City Administrator Kuntz said that makes this situation different.

Alderman Robinson said that we can’t change that.  The bottom line is that if he would have gotten the Special Use Exception at that time, the investment would not have been postponed.  He said that Mr. Lauer is not being asked to do anything different than anyone else.  Alderman Robinson said that we have been late in “inviting him to the party”, but we would still like to have him on board. 

Mr. Lauer said that he appreciates the invitation and he disagrees with the concept of putting in the sidewalk.  He said he appraises property for a living and he has never seen this before.  If the City wants to charge him a special assessment, then he said he doesn’t have much to say about that.  He said he has not been asked to donate, he has been told.  He said he is not in the same position that the other property owners are and he does not think his tax dollars should be spent for something that is not needed. 

Alderman Suozzi said that this is part of the Comprehensive Sidewalk Construction Plan and has been a plan for at least nine years.  The Federal Government and the East-West Gateway Council have supported the sidewalk construction process. 

Alderman Lembke said that there has also been the access easement from one property to the next.  Alderman Suozzi said that this has also been requested of businesses that come in for a change.  Mr. Lauer again requested that he be given the exception.

Alderman Suozzi asked if Mr. Lauer talked to staff about estimated construction costs.  City Administrator Kuntz said that this did happen.  He said that we have an actual number and we are looking at only the 30% portion.  There is no way that if Mr. Lauer had been here two years ago, he couldn’t build the sidewalk for the 30%, it would cost him more. Mr. Kuntz said that the question is 30%, the contract is awarded, Manchester Road only, or make an exception.  It’s one or the other.

City Attorney Lucchesi said that the Board would like for Mr. Lauer to volunteer and “join the party”. 

Mr. Lauer said that he will do whatever the Board tells him to do.  He said he thinks he has been told.  He doesn’t think this is right.  He already had to pay $250.  Everyone knows there will be parking in front of retail, but he has to fill out a form and pay $250 for what?

City Attorney Lucchesi said that along Manchester Road, the building would have been set back another 60 feet so that the parking lot could be in front, consequently, Mr. Lauer has the benefit of having parking in an area that laws would not normally allow that.  There is a benefit from that standpoint.  He said that behind the building there is barely enough room for a car between the retaining wall and the building. 

Alderman Robinson asked Mr. Lauer if he is “coming to the party” or not.  Mr. Lauer said that begrudgingly, if he has to, he will.  Alderman Robinson asked what would the cost be.  Mr. Lauer said $1,790 approximately.  He said he received a letter from the City that he will have to come before the Board, and the sidewalk contribution will cost $1,800, or it will cost $5,000 if he decides to do this himself.  Alderman Gatton said that if we had known about this four years ago, Mr. Lauer would not have had the choice, it would have been that he pay the $5,000.  He said there have been no exceptions granted by this Board.  There have been a lot of businesses that have come before the Board in terms of S.U.E.s and other changes to their property along Manchester Road, and every single one of them has agreed to comply with the request for sidewalk construction at their own expense.  Some of them have done so without having to come before the Board for anything.  They just did it out of good citizenship, such as Kentucky Fried Chicken, and the Post Office. 

Mr. Lauer said that the businesses have been through this enough that they know that there’s no use fighting it.

Alderman Robinson said that they are making an investment in this community.  We are going to do whatever we can to make your business a success.  Alderman Suozzi said that further down Manchester Road there is a lot of pedestrian activity.  What comes first, the sidewalk or the pedestrians?  It the sidewalk is not there, of course they are not wearing a path on the grass because they have found an alternate way of getting around. 

Alderman Gatton said that in the feedback from the residents is that they feel that the business district is not a friendly place to shop.  This is one of the reasons the City is making the effort to put in sidewalks throughout Manchester Road.  This will hopefully improve that perception of the City to make it more customer friendly.  A pedestrian-friendly business community will help all businesses in the City of Ballwin.  Alderman Gatton said that we are not doing this to be arbitrary or because we can, we think it is the right thing for the future of Ballwin.

Mr. Lauer said that the approach has been wrong – four years later, $250 for parking in the front; where else would customer park?  And then five days before the meeting he said he was told that he will have to pay $1,800 and show up at the meeting.  He said that Jerry Klein and Tom Aiken have been very nice in their communication with him. 

Alderman Robinson said that it all comes down to benefiting the business.  Mr. Lauer said he does not see this at all and it won’t benefit him. 

Alderman Fleming asked at this point will it be appropriate to have a motion to approve the S.U.E. or a motion to approve the S.U.E. subject to meeting the requirements.  City Attorney Lucchesi said that it depends what the requirements are.  If Mr. Lauer is agreeable to make the payment, we will take him at his word, and it’s recorded in the Minutes, then just a motion to approve the S.U.E. will be appropriate. 

Mr. Lauer said, “I’ll pay for it”. 

A motion was made by Alderman Fleming and seconded by Alderman Buermann to approve the Special Use Exception Transfer.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Mayor Young said that he is sympathetic with Mr. Lauer’s situation, however, he suggested that in the future whenever he buys a piece of property that he go to City Hall and ask what is involved with this property.  Mr. Lauer said that he is always learning even though he has been appraising for twenty years.  Everything cannot be anticipated.  Mayor Young said that there has been a lot of changes in the communities.

Appointments: 

Provisional Judge:  Mayor Young introduced Charles Steib as his recommendation for appointment to the position of First Provisional Judge.  He said that Mr. Steib has a lot of background in municipal courts.  He said that his recommendation for Municipal Judge is not present and can be discussed after the closed session.  Mayor Young said that he wants to be sure that we won’t have to go to another city to ask for a Provisional Judge to fill in.  If Charles Steib cannot fill in, then Dennis Beckley would be the backup.  They have both agreed to do so.  He said it is good to have two as backup, just as we have been fortunate for our City Attorney to have a provisional. 

Mr. Charles Steib said that he lives close in Clarkson Valley.  He has been a city attorney in a neighboring city for five years and served as their municipal judge for five years.  He said he has not had a chance to talk to our Municipal Judge.  Everything will be according to the way he wants things to be run.  He said he will be glad to share what his judicial philosophy is, however, it is subject to what Laird wants to do with his court because it is his court.

Mayor Young said that there were 14 people who applied for this position.  He met with our Prosecuting Attorney, Dick Fox, and former Municipal Judge Ray Wagner to review the 14 applicants.  They evaluated the candidates and found that 6 were good potential people.  He said they then notified the other 8 and thanked them for applying; then took the last 6 and evaluated them based on a number of criteria, and came down to three that were interviewed.  These three have been mentioned, and did not go further with the other three.  He said they were thanked for their application and that a decision had been made as to who would be appointed to the three positions.  He said this was done very well and was proud that Ray Wagner was part of the process of meeting with them and Alderman Buermann acted as the representative for the Board.  He did an outstanding job of asking questions about things we are all concerned about.  He said that all three interviewers were impressed with the three candidates. 

A motion was made by Alderman Robinson and seconded by Alderman Gatton that further discussion regarding these appointments be conducted in closed session since this is a personnel matter.  Mayor Young said that is fine and that he wanted to introduce Charles so that he didn’t have to remain in attendance for the rest of the evening.

Mr. Steib said, “The Municipal Judge position is an interesting and delicate one because the people come to your meetings and some praise you for what you do, but I’m sure you get your share of complaints.  Those people come voluntarily.  When they come to court, the don’t come voluntarily.  They are commanded to come, therefore they are not very happy.  From that standpoint, the way the Municipal Judge and the court handles your citizens reflects directly on you because that’s what they see as their city.  If the come out of the court with a bad taste in their mouth, it’s you they don’t like, it’s the City they don’t like.  It’s a delicate balance between being able to generate the revenue that you should in the court and creating in the minds of your citizens that they were treated fairly and had their say.  They may not like the fine that you assess, but at least you heard what they had to say and they were treated fairly.  That’s a delicate balance that the court has to perform.  I’m sure Laird will do a good job of doing that.  That’s my philosophy about it.” 

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

City Attorney Lucchesi said that in addition to the personnel matter, a litigation and real estate will also be discussed in the closed session. 

Adjourn to Closed Session:

A motion was made by Alderman Suozzi and seconded by Alderman Robinson to adjourn to closed session, according to the provisions of the Missouri statutes for the purposes of discussing personnel, litigation, and real estate.  A roll call vote was taken with the following results:  Ayes:  Aldermen Robison, Gatton, Lembke, Terbrock, Suozzi, Buermann, Fleming.  

Nays:  None.  The motion passed and the meeting was adjourned to closed session at 7:55 p.m.

The Board convened in closed session at 8:00 p.m.

A motion was made by Alderman Buermann and seconded by Alderman Fleming to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 10:20 p.m.  No formal action was taken.

The Board reconvened in open session at 10:22 p.m.

Mayor Young announced that the Board met in closed session to discuss personnel, litigation, and real estate. 

Budget Meeting Schedule:  City Administrator Kuntz said this is basically what is done every year.  This can be discussed at the next meeting.

Geese Mitigation:  City Administrator Kuntz said approval for the geese mitigation plan is necessary by motion.  GeesePeace intends to begin the program on Friday, Saturday, and Sunday, August 12, 13, and 14.  At this time they will be concentrating the work here at the seven local ponds.  Mayor Young said that they will be at the ponds in Vlasis Park, Seven Trails, Golf Course, Danbury, The Pointe, Westglen South, and New Ballwin Park.  He said we want to see how it is going to work and if the program is working before we spend time and money. 

A motion was made by Alderman Gatton and seconded by Alderman Buermann to proceed with the program.  A voice vote was taken with 6 Ayes, and Alderman Robinson voting Nay.  The motion passed by a vote of 6-1. 

R4 Rec Dedication:  City Administrator Kuntz this was brought up by Alderman Lembke at the last meeting.  He asked for a motion to draft legislation.  A motion was made by Alderman Suozzi and seconded by Alderman Lembke to draft legislation for consideration.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Comprehensive Plan:  City Administrator Kuntz said this is important because the structure of going with a steering committee needs to get in the next “Horizon”.  He said he wrote an article promoting the concept subject to what the Board does at this meeting.  The next issue of the “Horizon” has been held up for this information.  The idea of having representation for the community and trying to attract people to get away from the good old boy network and reaching out to the community is why we want to start with the “Horizon” article.  He said that Alderman Gatton was on the committee.

Alderman Gatton said that we talked to two and had proposals from four.  He said it was public information that he was on the committee.  Everyone said that community involvement was imperative and they talked about having lots of open meetings with the community.  We definitely need to publicize this.

City Administrator Kuntz said that the next step is a steering committee.  We want to get the resumes, share them with the Board, and make the appointment.  He asked if the Board agrees with this.  The Board agreed.  (An official voice vote or roll call vote was not taken on this issue.)

Failure to Yield:  City Administrator Kuntz at Chief Biederman’s recommendation, draft legislation is requested to comply with State Statute on the failure to yield.  A motion was made by Alderman Buermann and seconded by Alderman Terbrock to draft legislation.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Workshop/Retreat:  City Administrator Kuntz said he would like to start the next retreat with financial considerations.  If there are other issues for the new agenda, let him know.  The regular Board meeting on August 22 can be held first, and then the retreat after the Board meeting has adjourned.  The Board agreed.

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A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn.  The motion passed with 6 Ayes, and Alderman Terbrock voting Nay.  The meeting was adjourned at 10:35 p.m.

Walter S. Young, Mayor

ATTEST:
Robert A. Kuntz, City Administrator

MC