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

The Pledge of Allegiance was given.

The Minutes of the June 13, 2005 Town Hall 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 June 13, 2005 Board of Aldermen 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.

BILL # 3360 - AN ORDINANCE AMENDING CHAPTER 15, ARTICLE IV, DIVISION 3 ENTITLED SPEED LIMITS AND ARTICLE XII ENTITLED SCHEDULES BY THE ESTABLISHMENT OF A FIFTEEN MILE PER HOUR SPEED LIMIT.

Mayor Young said that this bill received a first reading and was held over, and asked for discussion or a motion for a second reading.

Alderman Gatton explained that Bill #3360 provides for a fifteen mile per hour speed limit on Valley Manor Drive, and Bill # 3363 provides for a twenty mile per hour speed limit on this street.  He recommended voting down Bill # 3360, and approving Bill # 3363.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3360.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3360 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3360 with the following results: 

Ayes – None.   Nays – Suozzi, Lembke, Fleming, Buermann, Pogue, Gatton, Terbrock, Robinson.  Bill No. 3360 failed by a unanimous vote of 8-0. 

BILL # 3363 - AN ORDINANCE AMENDING CHAPTER 15, ARTICLE IV, DIVISION 3 ENTITLED SPEED LIMITS AND ARTICLE XII ENTITLED SCHEDULES BY THE ESTABLISHMENT OF A TWENTY MILE PER HOUR SPEED LIMIT.

A motion was made by Alderman Lembke and seconded by Alderman Gatton for a first reading of Bill No. 3363.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3363 was read for the first time.

Alderman Buermann said that 3 of the 4 city staff departments are against this speed limit change.  He said that the recommendation of staff should be respected and the speed limit should remain at 25 mph. 

Alderman Lembke said that the community was given an opportunity to work with the police in trying to work out an amicable solution for this street.  The residents did not take advantage of this opportunity.  He is sympathetic to their situation, however, lowering the speed limit will set a precedent, and will put a challenge in front of this Board in the future.  If this passes, residents on other streets will request the same thing.  He also understands that there is a need for safety.

Alderman Fleming said that he respects the opinion of staff, but in this case, there is overwhelming support for lowering the speed limit by the residents on this street.  90% of the homeowners on this street support this issue.  He said that there are conditions on this street that warrant going to 20 miles per hour.  Some surrounding municipalities have 20 miles per hour speed limits.  This would, therefore, be consistent with our area in general.  He supports lowering the speed limit to 20 miles per hour.  He said that since there is concern about this action leading to other requests, perhaps the ordinance could contain qualifications in the future, such as not allowing requests to lower to 20 miles per hour unless the police and public work approve it, or unless there is a petition from 90% of the people on the street. 

Mayor Young said that he previously stated that if staff recommended not to lower the speed limit, that he would not be in favor of lowering the speed limit.  Staff has said that this will be a problem if the speed limit is lowered.  People will not obey the lower speed limit unless there is a police officer present to enforce it.  He said he has already had phone calls from residents on other streets stating that if this passes, they will also request lowering the speed limit on their streets.  He is sympathetic to the request, however, by approving this legislation will open the door for every street in the City to have a lower speed limit. 

Alderman Gatton said that the police cannot monitor every street at all times.  This is not the intent of this ordinance.  By posting a speed limit, we are advising people that this is a safe speed for the road.  He said that this is one subdivision, with a lot of children on the street, asking for the Board’s attention and help.  Any Board members who have gone onto this street to evaluate the situation can understand why 90% of the residents on this street are requesting this.  He said he would rather have to deal with the problem of having to double the police force because the residents have said that this will help their problem.  The residents on that street have more experience with the conditions on their street than the Board and staff do.  He said he is going to vote in favor of this bill.

Mayor Young asked how much over the speed limit would a police officer issue a ticket.  Chief Biederman said 5 miles over. 

Alderman Lembke said that staff brings a tremendous amount of experience and professionalism to Ballwin, however, the most important people are the people who elected him to office.  He said he is here to serve.  In this situation, the people who live on that street have a better feel for what needs to be done that we do.  He said we have to listen to the residents.  If 25 mph isn’t working for them, because 25 mph becomes 30 mph.  They have 90% of the people agreeing that this is what they want.  There was only one letter against this and we don’t know who sent it.  It may not be a resident on that street or even a resident of Ballwin.  No one on that street has come forward and said that they are against this.

A motion was made by Alderman Robinson and seconded by Alderman Gatton for a second reading of Bill No. 3363.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3363 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3363 with the following results:  Ayes – Lembke, Fleming, Robinson, Gatton.    Nays – Pogue, Terbrock, Suozzi, Buermann.  Mayor Young cast the deciding vote by voting Nay.  The motion failed by a vote of 5-4.

Lynn Goetz, 14706 Clayton Road:  Mr. Goetz suggested that the Board develop an ordinance prohibiting the use of eminent domain to take property in Ballwin for anything but public use, such as streets, sewers, utilities, and excluding any property taken and then deeded to anyone other than the City of Ballwin.  He said that many people are afraid of their investment being taken away from them because of the new Supreme Court ruling.  Mr. Goetz asked that Ballwin take a leadership position and be able to tell people that their property rights will be protected in Ballwin.

Mayor Young said that the Governor has appointed a 14-member commission to review this subject and give information what they think they can do at the state level to help with this issue.  This does not appear to be final.  He said that he thinks this is a state level action and not local. 

Carl Essen, 520 Kehrs Mill Road:  Mr. Essen said that he is opposed to the Occupancy Permit ordinance. 

Canada Geese:

Mayor Young briefly explained the steps the City has taken in the past to discourage Canada Geese from taking up residence in the City parks.  This has not decreased the number of geese in the City parks.  The Department of Conservation suggested that a roundup be done, which involves taking the younger geese to a wild life preserve and processing the older geese for food.  This will not totally solve the over population problem, but might give some relief until the egg oiling program can take effect.  It will take a volunteer effort on the part of our residents to solve this problem and make a real difference in our community.

Jackie Seigal and Nancy Schnell, GeesePeace of St. Louis:  Ms. Schnell said that GeesePeace was not made aware of the over population of Canada Geese in the Ballwin parks until about 2 weeks ago.  She said they work closely with the Missouri Department of Conservation.  The first step is to stabilize the geese population through controlling the birth of the geese by oiling the eggs.  She said GeesePeace didn’t know that the problem had gotten to this point.  As soon as she found out that Ballwin was going to do a roundup, she came to Vlasis Park to assess the situation.  There were over 70 geese in Vlasis Park and it was a mess.  GeesePeace is asking for a one-year moratorium on the roundup to give GeesePeace an opportunity to partner with the City of Ballwin to develop a program that is not just for the city parks, but would also expand to include the surrounding businesses and the homeowners’ associations.  A roundup is a quick fix and will temporarily clear the park of geese, but in a few weeks, all of the geese in the area begin flying again.  The reason we are having trouble in urban areas is that people have created the four-star hotels and invited them in. 

Ms. Schnell said that putting out an artificial owl doesn’t work because, just like people, some of the geese will be afraid, but soon, a goose that is more courageous and daring will check out the owl.  When nothing happens, the geese will ignore the artificial owl.  These types of techniques are ineffective. 

Ms. Schnell asked the Board to allow them to partner with the City of Ballwin for one year.  She said Ballwin has tried other methods that don’t work.  This can be a city-wide program that will pull in volunteers that want to work toward the goal.  After one year, re-evaluate the program to determine if you see significant improvement and a happy community.  The problem with a roundup is that it is not long-term effective and will create a lot of dissension in the community.  We can solve the problem together and have a happy community and a successful program.  GeasePeace will put all of their energy into helping Ballwin be a model in the area.  She said that Ballwin is a community that people want to move to.  There are green spaces, the Wildlife Rescue Center is here, and this is a premier community.  If Ballwin can show that we can take the leadership role in the metro area to provide humane, effective, and a non-controversial solution to the urban goose problem, we all will win.

Ms. Schnell said that Dorene Olson, owner of WyndSong Border Collies & Canada Goose Management, has offered a month of free services.  Border Collies aren’t used all year round.  She said that they have been caught in a tight window for little discussion and the roundups seem to be certain.  She assured the Board that they can provide a very successful solution to the problem.

Jackie Seigal, with GeesePeace, reviewed the timeline.  A task force is necessary to start out, consisting of city personnel, GeesePeace volunteers, and ask for some residents from Ballwin to help.  They will be familiar with the usage of the parks and subdivision areas.  She suggested letting the grass grow somewhat.  When the grass is manicured to 1-1 ½ inch, this is the tastiest food for the geese.  The Canada Goose primary food source is grass.  They love tender grass.  If the grass is 3-4 inches long, this is not so appealing to the geese.  Golf courses have a problem with this because they have to keep the grass cut short.  The Border Collies are designed to work on the golf courses.  A goose never gets habituated to a dog.  Windsocks can be put up, artificial owls, plastic alligators in ponds, but eventually the geese will sit on the plastic alligators as their own private docks.  The Border Collie will always spook them and get them going. 

Ms. Seigal suggested to educate the community, that a brochure be used, or the “Horizon” newsletter.  The community should be a part of this.  CDC has proven that there are more pathogens around a bird feeder than there are in goose feces.  Since this is the molting season, this is the best time to take a census of the animals.  She said she has oiled eggs in this area for 3 years and knows where almost every nest is located up and down Manchester Road.  Nests that are near Ries Road, Jay Wolff Toyota, Steak n Shake, Aldi, Georgia Carpet, if the eggs hatch, the geese will go to Vlasis Park.  There needs to be a community effort in this project.  The walk-ins into the park add tremendously to the over-population in a small area.  After the adult geese grow their new flight feathers, then they can all move and they start the pond hopping phase.  The have been known to go a hundred miles to forage, where the grass is the most tender.  They will move all over the metro area.  They will go several miles on a daily basis to feed and swim. 

Ms. Seigal said that there are some areas in parks that no geese better serves the area, and there are other areas where a few geese will be esthetically pleasing to people.  With the Border Collies, chemicals, and possibly landscaping, the geese will learn where they are safe and where they are not.  The chemical that works well is Top Flight, Flight Control.  It is long lasting and very effective. 

Ms. Seigal said that the major categories of control are population stabilization, the Border Collies, and habitat modification. 

Alderman Robinson asked who will pay for the landscaping, and if Manchester Road won’t stop the geese from crossing into the park, how will habitat and landscaping stop them?  Ms. Seigal said that a goose needs a clear line of site to watch for danger.  When parent geese build a nest, they know exactly where the nearest water body is and how to get there.  It doesn’t matter if there is an 18-wheeler or a pony cart going by, when dad and mom decide it’s time to walk to water, they are walking to water.  The boulders around the water cause discomfort for the geese because they cannot see danger behind the rock.  GeesePeace does not have the funds to do landscaping because they are not-for-profit and volunteers, but during park maintenance, some appropriate changes can be made at that time.  When ponds are built in subdivisions and parks requirements can be stipulated to make it not goose friendly.

Ms. Schnell said that GeesePeace protocol will only work if they get city government to work with them because the City has the means to get information to the developers and homeowners.  There is a lake at the Wildlife Rescue Center.  Flocks of geese are not there because there is a natural vegetative border, therefore, the geese feel very uncomfortable in that area.  Habitat modification won’t occur over night, but this is the direction that they would like to encourage.  Alderman Robinson said that our business is to make the lakes and parks very attractive to the people in Ballwin.  He said the same things that make it less attractive to geese make it less attractive for the people.  Ms. Schnell said that most of the places that have retrofitted their lakes are beautiful.  She said the Missouri Department of Conservation has a program called Grow Native.  This program shows how to restore natural borders such as cattails and to make it esthetically pretty but also to deter geese. 

Ms. Schnell said that GeesePeace would like to give the Ballwin parks immediate relief.  As soon as the geese start flying, the Border Collie can be brought in, and the task force can be activated.  Projecting long term is the best solution.  She recommended encouraging homeowners associations and parks to start changing the way the lakes look so that in time, we won’t be dealing with the problems we are now facing.  She said that there are certain things that people do to attract birds to their yard.  If you don’t want geese, there are certain things to do, or not do.  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.”

Mayor Young asked what is the cost for the Border Collie services.  Dorene Olson, with WyndSong Border Collies & Canada Goose Management, said that a price of up to $1,000 per month, depending on the areas to be covered.  There are some months that the dog won’t be used at all.  She said she has not seen all of the Ballwin sites so she can’t give an exact quote.  Normally the Border Collie is used very heavily in the early spring before the molt happens so that they are pushed to another location where they will then remain for the several months during the molt.  They are also used heavily in the migratory season when non-resident geese are coming through.  That happens twice a year for several weeks each time.  On a maintenance program, depending on the tolerance levels and areas where the geese may or may not be allowed to occupy, there would be a fluctuation in the use of the dog.  This would mean the dog would be used 5-6 months. 

Alderman Lembke said that a flat rate fee of $11,000 was given.  Jackie Seigal said that the website quoted a price of $12,000.  Dorene Olson said that $12,000 was erroneous.  Ms. Seigal said that the actual quote was a free month of Border Collie services, and up to $1,000 for each following month if the dog is required.  The dog cannot work in the cold winter because of the cold water temperature.  The dog will come in sporadically at 4 sites.  Four sites will be less than $250 per location per month, with unlimited visits.  This would be $5,000 - $6,000 per year to lease a Border Collie.  She asked how much does it cost in manpower to clean up the parks all the time; how much for the cost of a roundup?  Half of this would be the cost of a roundup.  Ballwin will come out ahead by using the Border Collie because the geese learn were not to go.  She said when the started the program at UMSL, on the first day that the dog was working, the geese decided to go away the first day; the second day they left quicker.  On the third day, as soon as the car pulled up, the geese saw the dog in the red life jacket, and they left immediately. 

Alderman Robinson asked where do the geese go?  He said we cannot have a problem and chase the problem to a neighboring location.  He said this is not a cure.  It would be poor city management on our part.  He said we have to look at a cure that is good for Vlasis Park, and the citizens and businesses around our park.  He said this is an immediate cure for an isolated area.  All that happens is the geese are run off to somebody else’s location and it becomes somebody else’s problem. 

Ms. Seigal said there is no documentation to show that the geese are moved merely to the neighbors’ property.  A couple of years ago, Forest Park drained all of its ponds.  There had been a ton of geese in Forest Park before the ponds were drained.  During the reconstruction, all of the geese disappeared because there was no open water for them to be in.  Nobody knows where those geese went.  No one called and complained that they suddenly had an over-population of geese from Forest Park.  When the ponds were filled the following year and the habitat was restored, the geese came back.  No one knows where they went during that time.  Geese will fly 100 – 200 miles grazing and doing pond hopping.  She said the only way they can find out for sure where the geese go is to pay for banding.  In a molt migration, it was determined that some of the birds fly 600 – 1,000 miles.

Alderman Lembke asked how do we stop people from feeding the geese?  People continue to feed the geese in spite of signs, articles in the “Horizon” etc.  Mayor Young said that at the next meeting, a draft ordinance will be proposed to establish a penalty and fines for feeding the geese. 

Alderman Lembke asked 1) what will it cost so that after one year, GeesePeace won’t say that we did a lot of things, but we didn’t do everything that we were told to do because we didn’t have enough money; 2) when we are talking about managing or stabilizing the flocks, what is the goal?  We built these parks for the people, not for the geese.  We are now hearing what part of the parks are we going to turn over to the geese.  3) How long will it take to stabilize the geese? 

Ms. Schnell said the time that a dog is used will vary depending on the site.  She said that approximately $2,600 was budgeted for the roundup.  This amount will provide enough services from the Border Collie through the Fall.  The program can be put in place and the results evaluated next spring and summer.  There is also the option of sharing resources with other cities.  She said we do have to be responsible for where the geese go and we don’t want to create problems in other cities. 

Tom Meister, Wildlife Damage Biologist with the Missouri Department of Conservation:  Mr. Meister said the Department of Conservation issues permits for the roundups and does not conduct the roundup.  In order for a community or business to have a roundup, they must show significant attempts at other management techniques before a roundup is approved. 

Mayor Young asked Mr. Meister if GeesePeace has been involved with the Missouri Department of Conservation for the past 4-5 years.  Mr. Meister said that GeesePeace has been involved, as far as permits being issued, in assisting with egg oiling.  He said he has been in this job for 2 years, but his predecessor had worked with GeesePeace for 4-5 years.  Mayor Young asked that during the period of time that Mr. Meister has been involved, has he or anyone in his department expressed concerns to GeesePeace about the problems that Ballwin has been having so that they could be more pro-active with Ballwin.  Mr. Meister said no.  He said he issues over 100 permits to communities, businesses, hospitals, and schools.  He said that his department does not discuss with GeesePeace every permit that is issued.  He said that the Missouri Department of Conservation and GeesePeace do not agree on the roundups.  Other than that, he said they work well together until it gets to a point when roundups are discussed.  At that point there is disagreement.

Mayor Young asked Mr. Meister, that because of the severity of the problem in Ballwin parks, and this has been known for quite some time, was there any discussion with GeesePeace to inform them that Ballwin has a severe problem and that they may want to meet with Ballwin officials for discussion and to help with the problem?  He asked if this is part of his job to do this so that they will then go to the cities that have the issues and try to work with them to solve the problem?  Mr. Meister said yes, when these problems are brought to his attention.  He said the City of Ballwin getting to a point of requesting a roundup, was not brought to his attention until last year when the City sent in a letter to request a roundup. 

Mayor Young said that Ballwin sent a letter last year requesting a roundup.  Mr. Meister said that the request was denied at that time because it was past the time for roundups to be approved.  Mayor Young asked if, at that point, did he take that information to GeesePeace and ask them to help Ballwin with the problem?  Mr. Meister said no, he did not.  Mayor Young asked if that is his job to do that.  Mr. Meister said not necessarily.  Mayor Young said that it would have been helpful if he had contacted GeesePeace.  We probably wouldn’t be in this situation today if we would have had GeesePeace realize how severe this is.  This has been an ongoing problem for over 5 years.  GeesePeace has helped Ballwin in training to oil the eggs, but they couldn’t help in another area because they were not informed of the severity of the problem. 

Mr. Meister said that the Conservation Department had suggested that there are different techniques to manage the geese population.  The techniques are habitat modifications, harassment, chemical applications, barriers, and roundup.  He said that five organizations and companied applied for roundup permits.  Two had no history of attempting any of the alternative techniques.  The other three were able to provide proven history that they had tried various techniques resulting in failure; these were granted permits. 

Alderman Lembke asked what takes place during a roundup.  Mr. Meister said that at this time of year, the geese have molted their feathers and are in a period of being unable to fly.  During a roundup, the geese are usually in a bunch following each other.  They are encouraged either by people, or a boat, or a rope across the waterway to come out of the water in one spot.  They are pushed or rounded up into a net.  At that time, the geese are separated.  Immediately the goslings are taken out of the group and put in a separate vehicle and sent to a different location around the state where the populations are not so high, such as Duck Creek and Mingo Swamp in southeast Missouri.  The adults are then transported in a vehicle that has met specific regulations for size, water provided, straw, and transported to a processing plant, which is inspected by USDA inspectors.  The geese are then euthanized or their heads may be cut off.  The adult geese are then processed and sent to the mid Missouri Food Bank in Columbia, and distributed to homeless shelters and the needy.

Alderman Gatton said that GeesePeace has stated that the meat may not be edible.  Mr. Meister said that the Conservation Department spent several thousand dollars less than five years ago to process birds that were taken from different parts of the state to be analyzed for content that could be harmful.  The tests determined that there was nothing harmful in the animals.  The food bank would not take the meat if it was not USDA inspected, diseased, or contained an unusual amount of chemicals. 

Alderman Gatton asked, suppose the City of Ballwin goes ahead with the roundup, what will happen after that?  Will the geese come back?  Will the problem start all over again?  Will it take several years to build back up to our current level?  Mr. Meister said that the Parks Department is interested in a program to get the community involved through education of no feeding, teaching how to oil the eggs.  To get a handle on the issue in Ballwin is to get rid of the geese by a roundup and then be aggressive with the management after that.  Ballwin has the perfect habitat for geese and they will come back. 

Alderman Gatton asked about the success rate of programs using the Border Collie?  We have four city facilities, subdivision ponds and wet retention ponds that may have similar problems.  We can only address city property at this time.  Mr. Meister said that in places that have used dogs, the program has been very effective.  Most of the places have one body of water.  He said that Border Collies are effective for harassment, but he doesn’t know what the long term effects will be. 

Mayor Young said that Bussman Cooper in Ellisville used to have 60-70 geese five years ago.  They have been using a Border Collie for the past 3-4 years and now only have 6 geese.  The program has been very successful and people are pleased. 

Alderman Terbrock said that if the landscaping is changed in the park to make it difficult for the geese to get to the pond, it will be difficult for children to get to the pond to fish.  He asked if this will be necessary in addition to using the Border Collie.  Mr. Meister said that one technique is not going to solve the problem.  An integrated plan that uses some or all of the techniques is what is effective.  Bussman is successful because they are not only using the Border Collie, they are also oiling the eggs, which will cut off the next generation of geese that would be in the parks next year.  Modifying the habitat is an effective tool that could help with the problem.  In some circumstances, this is practical and others it is not and may be cost prohibitive.  Mr. Meister said the Missouri Conservation Department and GeesePeace would like to get together with communities before they build their parks and ponds to make suggestions at the beginning of the project. 

A motion was made by Alderman Robinson and seconded by Alderman Pogue to table further discussion at this time, proceed with the rest of the agenda, and then resume with the discussion regarding the geese at the end of this meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed. 
   (GEESE ROUNDUP DISCUSSION CONTINUED ON PAGES 12-15)

Community Development Block Grant:  Assistant City Administrator Aiken explained that this is funding that comes from the federal government, through St. Louis County, to the City of Ballwin.  The grant program is based on the City’s population and economic situation.  Every year a new application must be submitted.  The allocation is based on that submission.  If the federal government authorizes the amount of expected funding, the funds are distributed.  Since Ballwin is marginally eligible for the expenditure of these funds, it makes more sense to stay within the urban county program.  As a condition of that program, Ballwin is required to hold a public hearing annually.  He asked those present to sign the attendance sheet, which is a requirement of the program.

Assistant City Administrator Aiken said that following types of activities are eligible for Community Development Block Grant (CDBG) funds, and must meet one of the following criteria:

1.       Primarily benefit low to moderate income residents,

2.       Eliminate slums and blight which is, by assumption, benefiting low to moderate income residents,

3.       Alleviate urgent or serious critical community needs that are of recent origin,

4.       Eligible activities acquisition in whole or in part by the recipient or other public or private non-profit entity,

5.       Public facilities and improvements,

6.       Acquisitions, construction, re-construction, rehabilitation or installation of public facilities or improvements, such as streets, sidewalks, parks, water and sewer facilities, sanitary sewers, neighborhood centers, parking lots, and fire stations.  Activities under this paragraph may be directed to the removal of material and architectural barriers that restrict the mobility of accessibility of elderly or severely disabled persons to public facilities and improvements.  Undertaking such activities, design features and improvements which promote energy efficiency may be included.  Such activities may also include the execution of architectural design features and similar treatments intended to enhance the quality of the facilities and improvements receiving CDBG assistance, such as decorative pavements, railings, sculptures, pools of water and fountains and other works of art. Facilities designed for use in providing shelter for persons having special needs and considered public facilities and not subject to the prohibition of new housing construction.  Such facilities include shelters for the homeless, convalescent homes, hospitals, nursing homes, battered spouse shelters, halfway houses for runaway children, drug offenders, parolees, group homes for mentally retarded persons, and temporary housing for disaster victims.  Certain cases not-for-profit entities and sub-recipients may acquire titles to purchase facilities when such facilities are owned by non-profit entities or sub-recipients shall be operated so as to be open for use by the general public during all normal hours for operation.  Public facilities and improvements eligible for assistance under this paragraph are subject to policies in Section 570.200 subsection b. 

7.       Clearance activities:  Clearance, demolition, removal of buildings and improvements, including moving structures to other sites.

8.       Public Services:  Provision of public services, including labor, supplies, and materials, included but not limited to those concerned for employment. Crime prevention, childcare, health, drug abuse, education, fair housing, counseling, energy conservation, home buyer, down payment assistance, or recreational needs.  To be eligible for CDBG assistance, a public service must be either a new service or a qualified increase in the level of existing service above that which has been provided by or on behalf of the unit of general local government. 

Assistant City Administrator Aiken said that Ballwin does not have any areas that are slums and blighted; therefore, we don’t qualify for expenditures in that area.  We don’t have anything that falls into the category of urgent, serious and critical community needs that are of recent origin.  Everything has to benefit low to moderate income people.  Ballwin has participated in the Home Improvement Program for the past 7-8 years, which is run by St. Louis County, whereby people who meet the low to moderate income requirement as individuals may apply for forgivable loans to fix up their house.  In the current year, Ballwin is anticipated to receive approximately $40,000 in this program.  It has been decreasing every year. Years ago, Ballwin received over $100,000.  The Home Improvement Program allows up to $10,000 per applicant; therefore, four applicants could be accepted for the grant.  Assistant City Administrator Aiken said that at the present time, he is unaware of anyplace in the City of Ballwin where we can presently spend these funds other than the home improvement program.  Assistant City Administrator Aiken recommended that the City of Ballwin again participate in the home improvement program.  He asked direction from the Board to submit the annual application in accordance with the home improvement program and recommended that the Board accept written comments until July 15, 2005.

Mayor Young asked if there is anyone present who would like to speak in favor of the program.  There were none.  Mayor Young asked if there is anyone present who would like to speak in opposition to the program.  There were none.

A motion was made by Alderman Lembke and seconded by Alderman Gatton to accept the Community Development Block Grant Home Improvement Program.  A voice vote was taken with a unanimous affirmative result and the motion passed.

BILL # 3364 - AN ORDINANCE AMENDING THE CURRENT EMPLOYMENT CONTRACT WITH THE CITY ADMINISTRATOR. 

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3364.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3364 was read for the first time. 

A motion was made by Alderman Buermann and seconded by Alderman Gatton for a second reading of Bill No. 3364.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3364 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3364 with the following results:  Ayes – Pogue, Robinson, Suozzi, Fleming, Gatton, Terbrock, Lembke, Buermann.  Nays – None.  Whereupon Mayor Young declared Bill No. 3364 approved and it became Ordinance No. 05-31. 

BILL # 3365 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO THE HERTZ CORPORATION FOR AN AUTO RENTAL ESTABLISHMENT. 

A motion was made by Alderman Lembke and seconded by Alderman Robinson for a first reading of Bill No. 3365.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3365 was read for the first time. 

Alderman Lembke asked if there will be any car washing at this location.  Johnathon Jokhurst, Attorney with Hush & Eppinberger, said there will be no washing, cleaning or anything of that nature or activity with respect to the auto rental business.  He explained that Hertz is a large rental car corporation and traditionally operates out of airports.  They are expanding the business plan to the concept of neighborhood car rental facilities.  When a rental car is needed, cars that will be used are brought from the airport either a few hours before or the evening before the customer needs the car.  He said that Hertz will not be in the business of selling any of the automobiles.  This is the site formerly occupied by Kokesh Plumbing Supplies.  The Special Use Exception does not require any changes to the site plan, nor does Hertz or its landlord contemplate any changes to the site of the property other than signage which will be in accordance with the City code. 

Mark Keaton with Hertz Corporation, said that car washing will not take place at this location.  He said they will go to a local car wash or gas station if it cannot be returned to the airport facility for such service. 

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3365.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3365 was read for the second time. 

Mayor Young said in order to grant this Special Use Exception, this Board must determine that the petition will not substantially increase traffic hazards or congestion, will not adversely affect the character of the neighborhood, will not adversely affect the general welfare of the community, will not over-tax public utilities, will not adversely affect public safety and health, and that the petition is consistent with good planning practice, the site can be operated in a manner that is not detrimental to the permitted developments and uses of the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area. 

A roll call was taken for passage and approval of Bill No. 3365 with the following results:  Ayes –Fleming, Gatton, Suozzi, Robinson, Terbrock, Buermann, Pogue, Lembke.    Nays – None.  Whereupon Mayor Young declared Bill No. 3365 approved and it became Ordinance No. 05-32. 

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

Special Use Exception Transfer – Frick’s Restaurant:  Mayor Young said that the usual Police Department checks have been made and approved.  City Administrator Kuntz said that the current owner expressed that this is not a completed transaction at this time.  This will immediately be a non-smoking establishment because of the transfer.  Only an existing business is “grandfathered” to January, 2006.  Alderman Gatton said that if this is not a completed transaction, it would not be appropriate to approve the Special Use Exception transfer.  Mayor Young said that in order for the new owner of Frick’s to get his SBA loan, he has to have approval by the Board before they will grant the loan.  City Attorney Lucchesi said that this can be a conditional transfer.  City Administrator Kuntz said that this has been done in the past to create a business-friendly environment.  Alderman Lembke said he doesn’t want to transfer the Special Use Exception, have the transaction not go through, and then Frick’s won’t have a business license and liquor license.  Alderman Gatton asked if this can be made conditional upon the closing of the transaction.  City Attorney Lucchesi said yes. 

A motion was made by Alderman Gatton and seconded by Alderman Fleming to approve the transfer of the Special Use Exception conditional upon the closing of the sale transaction to the new owners.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Frick’s Liquor License:  A motion was made by Alderman Lembke and seconded by Alderman Robinson to approve a new liquor license to the new owners, conditional upon the closing of the sale transaction.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Goose Roundup:  City Administrator Kuntz said that before the end of this meeting, staff needs direction on how to proceed.  The discussion will resume after all other agenda items have been discussed.

Summer Schedule:  City Administrator Kuntz recommended cancellation of one July Board meeting due to a light schedule and vacations.  Mayor Young recommended holding an aldermanic committee meeting/workshop instead of the Board meeting.  City Administrator Kuntz said that if a financial workshop is held, not all Board members will be present due to vacation time.  Mayor Young said that there have been questions about New Ballwin Road, health and safety issues, and Public Works issues.  All Aldermen are not always going to be present for every meeting. 

A motion was made by Alderman Gatton and seconded by Alderm