The meeting was called to order by Mayor Young at 7:03 p.m. 

The Pledge of Allegiance was given.

The Minutes of the May 9, 2005 Agenda Review meeting were submitted for approval.  Alderman Pogue requested that under Consent Items, Item C, Street lights, the following be added:  “He asked if only 4 Requests For Proposal were sent out or was this an advertised bid request.”  A motion was made by Alderman Buermann and seconded by Alderman Gatton to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the May 9, 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.

PRESENTATIONS 

Service Recognition:  Mayor Young presented Plaques of Recognition to former Mayor Robert E. Jones, former Alderman Press McDowell, and former Municipal Judge Raymond T. Wagner, Jr., in appreciation for their dedication and service to the City of Ballwin. 

Proclamation:  Mayor Young presented a Proclamation to Tuta Guerra, a long-time resident of the City of Ballwin for saving a life by utilizing his skill and training in CPR. 

Dick Dean Subaru:  Mayor Young said that Mary Dean has agreed to put up a $200,000 cash escrow to guarantee completion of the above water problem.  He requested that a building permit for an addition to the Subaru building be issued tomorrow so that they can get started on the project.  The escrow agreement with $200,000 will require that all items will be completed (approvals, permits issued and everything ready) by no later than September 1, 2005.  Mayor Young asked the Board to agree to the conditions that he, Assistant City Administrator Aiken, and City Engineer Kramer have worked out and give the Dean Team a permit to start construction on their building.  The issue has been resolved with money in hand and a commitment and time limit.  We haven’t heard from MSD, but it probably will be approved based on the way it is right now.  

Alderman Pogue said that he is abstaining from any discussion and voting on this issue due to past and current relationship with the Dean Team. 

Alderman Suozzi said she needs to see a document explaining this updated information.  She asked if they will have to bore under Steamboat.  Mayor Young said yes.  She asked if this will go back to the Planning & Zoning Commission because they approved a retention plan on site.  Without having anything to look at, this is a difficult decision to make.  City Administrator Kuntz said that the policy from staff is that as long as there is an outstanding issue, no further permits are issued.  This is standard practice.  He said that what Mayor Young is presenting is an exception to that standard practice. 

Alderman Buermann said that he does not want the parking lot to be incomplete until September 1.  Alderman Lembke said that there has been no action taken on what was promised several years ago, which was to replace the sidewalk, stop parking cars on the sidewalk, stop allowing transports to offload at that location, and to replace the asphalt between the curb and the parking stops with plantings so that vehicles would not park at this location.  Four years later and not the first piece of the sidewalk has been replaced.  Mary Dean said that there was ownership confusion in the past about how any of this should be handled. 

Mr. Ron Vogel, a representative for Dick Dean, asked for more time to explore the possibility of utilizing the detention at the church across from Steamboat.  He said he wants to get this project done, however, $200,000 detention for a piece of parking lot seems unfair when another alternative can be considered.  Alderman Buermann said that a new plan will have to be resubmitted to MSD if they get the church’s approval.  Mayor Young said that by giving them until September 1, the negotiations can be completed with the church, the easement identified, and plans submitted within the next 30 days.  This will give us 2 or 3 weeks for review at MSD. 

Alderman Robinson asked about the status of negotiations with the church.  Mary Dean said she has not met with representatives from the church.  She said they were waiting until after this meeting and can start communications with the church tomorrow.  Alderman Buermann asked if there is a reciprocal agreement with the church for use of their parking lot for the employees.  Mary Dean said there is a verbal agreement, nothing in writing. 

Alderman Robinson asked if the tie in with the church property will be under Steamboat.  Mary Dean said yes.  The Dean representative said that the cost of boring under the street will be less than what 350 feet of 54-inch pipe will be for detention. 

Alderman Robinson said that the Dean Team is asking the Board to approve this now so that they can have the permit tomorrow morning.  We don’t have an escrow agreement to look at or plans to review, and we don’t know what the church is going to do, but the Board is being asked to grant this permit now.  Out of all the steps of the proposed agreement, we don’t have anything other than the conception phase completed.  Mayor Young said that they are not going to get the permit until the escrow agreement is prepared, signed and approved by Ballwin, and the cash provided. 

Mary Dean said that on Friday, a meeting took place with Mayor Young, Assistant City Administrator Aiken, City Engineer Kramer, and her construction people.  She said that Mr. Aiken said he would prepare an agreement.  She is willing to pay $200,000 in escrow, the gravel lot area will be paved, and an addition to the Subaru building built.  She wants to get this project completed, even though it has been 4 years since this has been an issue.  She has a good relationship with the church and believes they will agree to the proposal.  She has not seen the agreement that Mr. Aiken is providing. 

Alderman Suozzi said that some of the apprehension of the Board is because the gravel on the parking lot was applied without a permit, the City informed you that you had to have a permit.  A Special Use Exception was requested from the Planning & Zoning Commission .  At that time, 2 years ago, the Dean Team should have known that the detention facility that was proposed would cost $200,000.  Alderman Suozzi said that she has observed vehicles parked in unacceptable locations.  The front of the cars are extending over the sidewalk.  She said that the Board has nothing in front of them to properly evaluate this request.  Because the Dean Team wants to now move ahead on the Subaru part of their business, the Board is being asked to be accommodating on this issue so that they can continue to do business somewhere else on their site.  The Board is reluctant to agree to this because we have heard this before. 

Alderman Buermann asked if the Board would feel better about this if by the June 13 Board meeting that there is a signed agreement by the Ballwin Baptist Church.  The money would be in the escrow account, and any legal documents would be available for review.  Alderman Lembke said that he is feeling very pressured to do something. 

City Attorney Lucchesi said that there is an S.U.E. on the parking lot.  They came in for a building permit, the City will not issue the building permit because there are other issues dealing with the original S.U.E.  The Dean Team is offering to write a check for $200,000 saying that they will comply with the S.U.E. if the City issues the building permit.  Mary Dean said that whatever it costs, they are going to get this project done. 

Alderman Lembke said that staff’s position is that they cannot issue the building permit.  If the permit is going to be issued, the Board is being asked to give direction to staff regarding the issuance of the permit.  Mayor Young said that in the past, the Board has not looked at escrow agreements.  That is staff’s responsibility to take care of those issues.  For the Board to ask for this is totally out of character. 

Alderman Lembke said that the deadline for completion of the work was extended to April 15, 2005.  The Board was promised that the work would be done by that date.  As of this date, it has not been done and there has not been any activity in that direction. 

City Attorney Lucchesi said that the difference between then and now is that there will be $200,000 in the escrow account.  Mary Dean has offered to write the check now and take the chance that there will be an escrow agreement. 

Mary Dean said that if an agreement cannot be reached with the church, she will go ahead and have the project completed as currently designed.  City Attorney Lucchesi said that if the project is completed or not, the $200,000 will be Ballwin’s, even if all that is done is the sidewalk replaced and grass added. 

Alderman Gatton said that he abstains from discussion and voting on this issue for the same reasons as Alderman Pogue has stated.

Mayor Young said that if the $200,000 is forfeited and the City must fix the sidewalk, the parking lot will become a grassy area, therefore, there won’t be any water problem.  City Attorney Lucchesi said that he does not know that they will agree to that. 

Mary Dean said she will sign an agreement to prove that she is committed to completing this project.  Alderman Robinson said that the Board is being told that we need to move on this right now.  Promises and guarantees were given last winter that this problem would be completed this spring.  This has not happened.  MSD has not issued their approval at this time.  It could be winter of 2005 before the water problem is resolved. 

A motion was made by Alderman Buermann that we require a $200,000 escrow, by the next Board meeting on June 13, that a signed agreement with the church will be provided, and that Assistant City Administrator Aiken and City Attorney Lucchesi will draft an escrow agreement. 

Alderman Buermann said that everything should be in order and in writing before issuing the permit, and nothing else can be done until that time.  He said that his motion includes that with stipulations in the agreement that staff would be allowed to issue the building permit.  City Attorney Lucchesi asked under what conditions would Ballwin claim the $200,000.  Alderman Robinson said that if there was no agreement with the church by June 13.  Alderman Buermann’s motion failed for lack of a second. 

Mr. Vogel said that he anticipates the MSD approval this week.  

Alderman Fleming asked how long will it take to complete the project once it is started.  Mr. Vogel said 6-8 weeks.  He asked if the Board will accept allowing them to put $200,000 in escrow, and by September 1, they need to have the MSD plan approved, or the new church plan approved; and if not, a penalty could be $1,000 per day.  If not completed by January 1, 2006, they will forfeit the entire $200,000.  He said we have all wanted this project to be done for 4 years, and they are offering to write a check. 

Alderman Robinson said that the only reason we are talking about getting the job done right now is because they need the building permit.  As soon as they get the building permit, the leverage is lost, and we could be back in this discussion again in February or March, 2006.  Alderman Fleming said we won’t be any worse off than we are now. 

Mayor Young said that the Board needs to decide if $200,000 in escrow is enough money to give them an option to see if they can work out an agreement with the church.  If they can’t do this, they will use the other plan, and can they start their construction on the building because Ballwin has $200,000 of their money.  They are going to do the work. 

Alderman Suozzi suggested that this issue be discussed later this evening due to agenda items for discussion at this meeting. 

A motion was made by Alderman Lembke to instruct staff to issue a building permit immediately after an escrow account agreement is signed and executed by the City and the Dean Team, involving a $200,000 escrow amount that will be forfeited in its entirety on September 1 if a permit by the City of Ballwin has not been issued. 

After additional discussion, Alderman Lembke withdrew the motion. 

A motion was made by Alderman Robinson and seconded by Alderman Suozzi to table this item until the end of this agenda and proceed with the regular agenda items.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Public Opinion Survey:  Mr.Chris Tatham, from Etc Institute, explained that his firm specializes in market research for City and County governments across the country.  Last year they did surveys for more than 250 city and county governments in 41 states.  Locally, they have done surveys for MSD, and more than a dozen cities in the St. Louis area. 

He said that Ballwin’s surveys are the most positive survey results they have seen for any community that they have surveyed in the last 4 years.  The overall results for Ballwin are extremely positive.  The survey was administered by both mail and phone. 

Mr. Tatham said that the results of the survey was that generally people are satisfied.  The only  area that has one out of 8 residents giving a dissatisfied rating is the issue of dealing with new development.  Overall value for tax dollars ranks 17% above the national average among the Ballwin residents.  Image of the community is 11% above the average, overall quality of life is 13% above average, and 9 out of 10 citizens give positive ratings of 4 or 5 on a 5-point scale for quality of life.  Overall satisfaction with city services is 17% above the national average.  He said that things are being done very well in Ballwin. 

Mr. Tatham said that over 90% of the people gave positive ratings for a place to live and raise children.  This means that as a place to live, Ballwin rates 11% above the national average, 23% above the national average as a place to raise children. 

He said that regarding Parks & Recreation, Police, customer service, communications, enforcement of codes and ordinances, streets, planning & development, and overall flow of traffic, there are generally high marks in each of the areas.  1 out of 5 residents are dissatisfied with street maintenance, and 1 out of 4 are dissatisfied with overall traffic flow and congestion.  Parks & Recreation programs and facilities rate 20% above the national average.  Ballwin is significantly above regarding customer service, 17% above on communication.  Usually people’s feeling about their local government is often tied to how well they are informed about issues.  Ballwin is doing very well on this.  The residents are somewhat dissatisfied with the number of walking and biking trails in the city.  Maintenance of city neighborhood streets is the area that shows the most concern among the residents.  Out of 401 people contacted every one felt safe in their neighborhoods.  People feel safe in this community. 

The survey also showed that people feel that it is easy to get in touch with people in the city government.  The residents felt that the employees were courteous and polite and helped them resolve their issue.  People want to be able to walk or bike from their home to local retail centers.  There is a trend to put new houses closer to the curb.  In Ballwin, 52% of the residents indicated that did not like that concept. 

Mr. Tatham said that the City of Ballwin is doing an excellent job.  People want to live in Ballwin.  The safety in parks is the highest rating he has ever seen.  This is 39% above the national average.  People indicated that it is important to preserve existing trees when possible. 

Alderman Buermann suggested putting some of this information on the website.  Mayor Young said that the results of the survey is so positive that more people will want to move to Ballwin and businesses will also want to relocate here.  City Administrator Kuntz said that this can be shared with the Chamber of Commerce. 

CITIZEN COMMENTS 

Lance Christie, 411 Valley Manor Dr.; Karen Costa, 419 Valley Manor Dr.; Mary and Martin Lesko, 410 Valley Manor Dr.:  Mr. Christie spoke in support of lowering the speed limit in Valley Manor to 15 mph.  He said he heard that Bill # 3360 is not going to be approved, and he asked why.  City Administrator Kuntz said that the Police and Engineering Departments have recommended against approval; however, the decision is the Board of Aldermen’s.  He said it does not meet the city objective criteria established for speed limit.  Staff was asked to make a study and recommendation.  This has been done and it was recommended that this not be approved.  Martin Lesko said that the residents are looking for assistance to protect the children on their street.  They are wanting to reduce the probability of the children being injured due to speeding cars.  Karen Costa said that there are 20 out of 27 houses on the street that the residents signed the petition.  Two out of the 27 houses are on Ries Road.  She said there are 42 children on Valley Manor Driive, and 39 are under the age of 8.  People use the street as a turn around.  There is a blind spot where the children cannot be seen.  She is requesting a 15 mph speed limit.  She is not requesting that the speed limit on all subdivision streets be changed; just the street in their subdivision.  Mary Lesko said that her 8-year old child was almost hit by a car on Valley Manor. 

Cathy Schneberger, 2356 Fairwood Forest Ct.; Susan Bond, 2379 Fairwood Forest Ct.; Deb Kstazek, 2351 Westpar:  Ms. Schneberger said that her street has become an overflow parking lot for Marquette High School.  There is an average of 12 cars per day parking on their street, in addition to the people who live on the street, which is a potential to have 30 cars parked on the street every day.  Between Eagle Chase Court, Cypress Trace, and Fairwood Forest Ct., there is an average of 18 student cars per day, with the potential of 44 cars per day.  The Police say that they can’t do anything about it because there is no sign restricting the parking.  They are parking too close to the intersection and in front of mailboxes.  Some of the kids cut through one of the yards and have destroyed the landscape by a path being worn into their yard.  The property owner does not want to say anything to the students because they have a child that goes to Marquette and are afraid of retaliation on their child.  She believes that she has also seen the students doing drugs.  Mrs. Schneberger said that she spoke with Marquette authorities and was told that this is not a high school problem and that it has no authority off of school property. 

City Administrator Kuntz said that if signs are posted restricting parking within certain hours, it will help with the parking situation for the next school year.  He said that the staff recommendation is to adopt the Chesterfield standard, which will restrict parking within certain hours.  Alderman Buermann said that a letter should be sent to Marquette informing and reminding it of the parking policy on these streets. 

Susan Bond suggested posting the sign for the entire subdivision instead of one street, because the students will park a block over. 

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

Bill # 3355 – Funeral Homes:  Greg Bryant, Behrens Design & Development Co.; Don Collins, B&L Cremation Systems, Inc., from Largo, Florida; Tom Hall, 35 Arrowhead, Chesterfleid; Steve Schrader, Schrader Funeral Home:  Mr. Collins  said he would like to answer questions regarding cremation equipment for Schrader Funeral Home. 

Alderman Lembke asked about the process of cremation.  Mr. Collins said that there are various forms that must be completed by the Medical Examiner.  He explained the cremation process.  It is not a noisy machine (60dcb).  The emissions are extremely small and an environmental permit is issued from the state.  It takes 60-90 days to receive the permit.  A maintenance check is required usually between 100 – 200 cremations or every other year.  The unit is recalibrated to make sure it is running smoothly.  This unit has a monitor that is for the secondary chamber.  If as little as a puff of cigarette smoke hits the system, it will shut down.  Nothing goes out of the unit except heat. 

Alderman Robinson asked how do the emissions from a crematory compare to emissions from a fast-food restaurant.  Mr. Collins said that there are more emissions from a truck driving by than from cremations. 

City Attorney Lucchesi said that the original bill designated a definition of Undertaking Establishments.  The addition of 2 crematory retorts associated with the location of the business will be added.  City Administrator Kuntz said that if this requirement is to be added, a vote to amend the bill is necessary to add the further restrictive clause. 

City Administrator Kuntz said that the Bill # 3355 that is in the packet is the one that was drafted by City Attorney Lucchesi in accordance with Board direction from the last meeting.  The Bill #3355 prior to this version expanded the definition to include crematory services for funeral homes, but did not include any special use exception.  The Board will either need to accept the expanded definition approach, or refer this version of the bill to the Planning & Zoning Commission for its review and findings. 

City Attorney Lucchesi said that if a third unit is requested, there will have to be an ordinance change.  City Administrator Kuntz said that if the Bill 3355 from two weeks ago is the desired approach, it can be voted on tonight.  Mr. Collins said that Schrader Funeral Home will not need more than two units.  Mr. Steve Schrader, Vice President of Schrader Funeral Home, said that 20% of their business is cremations. 

A motion was made by Alderman Pogue and seconded by Alderman Terbrock for a first reading on the original Bill # 3355 amending the definition of Undertaking Establishments, with the amendment to delete the wording “including one or more” and replacing it with “having not more than two on-site crematory retorts”. 

Alderman Gatton asked why the Special Use Exception process is not being used.  Alderman Pogue said that Ballwin does not need to add any additional regulations.  The State, EPA, and St. Louis County already have regulations.  City Administrator Kuntz said that the only reason for the S.U.E. is to allow for an annual review process in the event of complaints.  Alderman Pogue said that if there was a complaint a year from now, with the S.U.E., we would still have to go the EPA or the County to justify the reasoning.  Alderman Gatton asked if the S.U.E. process is beneficial to Ballwin.  City Attorney Lucchesi said that it adds regulations and problems for the people trying to do something, and it is business unfriendly.  Ballwin does not have a staff to determine if they are performing cremations right or wrong, and you will be putting another layer of things that they have to do to do this. 

A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3355 was read for the first time.

Alderman Fleming asked if there is anything within the definition that says this is for humans as opposed to animals.  If so, would it be appropriate to designate “humans”?  Mr. Collins said that animals will not be cremated in the human retort. 

A motion was made by Alderman Fleming and seconded by Alderman Robinson to include the word “human” in the definition.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

A motion was made by Alderman Lembke and seconded by Alderman Pogue for a second reading of Bill No. 3355, as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3355 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3355 with the following results:  Ayes –Fleming, Pogue, Lembke, Buermann, Gatton, Robinson, Suozzi, Terbrock.  Nays – None.  Whereupon Mayor Young declared Bill No. 3355 approved and it became Ordinance No. 05-25. 

None. 

LEGISLATION 

BILL # 3357 - AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 2, SECTION 3-52 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY THE ADDITION OF A NEW SUBPARAGRAPH DEALING WITH THE SALE OF MALT LIQUOR AT RETAIL BY DRINK FOR CONSUMPTION ON THE PREMISES AND DELETING SECTION 3-54. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3357.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3357 was read for the first time. 

Alderman Lembke said that it has been determined that 3.2 beer is usually sold by non-profit organizations and has become difficult to acquire.  Because of this Ballwin needs to bring the liquor license in alignment with the state law.  

A motion was made by Alderman Buermann and seconded by Alderman Fleming for a second reading of Bill No. 3357.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3357 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3357 with the following results:  Ayes –Robinson, Gatton, Lembke, Pogue, Terbrock, Suozzi, Buermann, Fleming.    Nays – None.  Whereupon Mayor Young declared Bill No. 3357 approved and it became Ordinance No. 05-26. 

BILL # 3358 - AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES BY CREATING A YOUTH COMMISSION FOR THE CITY OF BALLWIN AND DEFINING ITS PURPOSES. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3358.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3358 was read for the first time. 

A motion was made by Alderman Gatton that in Sec. 6-202, (b), is the Board representative ex-officio? If, it should be clarified, as follows:  “The Mayor shall appoint an ex-officio Board Representative”.  Alderman Suozzi suggested the amendment be as follows:  “The Mayor shall appoint a Board Representative to the Youth Commission and the City Administrator shall designate one staff member to the Youth Commission, both being ex-officio members.”  Alderman Gatton agreed to this amendment.  

A motion was made by Alderman Pogue and seconded by Alderman Buermann for a second reading of Bill No. 3358 as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3358 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3358 with the following results:  Ayes –Gatton, Robinson, Pogue, Lembke, Terbrock, Fleming, Buermann, Suozzi..    Nays – None.  Whereupon Mayor Young declared Bill No. 3358 approved and it became Ordinance No. 05-27. 

Mayor Young requested that  Alderman Pogue as the aldermanic representative to the Youth Commission.  The motion was made by Alderman Suozzi and seconded by Alderman Buermann.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

BILL # 3359 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR RIES ESTATES SUBDIVISION, AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI. 

A motion was made by Alderman Buermann and seconded by Alderman Robinson for a first reading of Bill No. 3359.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3359 was read for the first time. 

Alderman Terbrock expressed concern about Section 3 D) that “No building permits shall be issued following the initial 9 months of construction for the development unless all common ground and creek related improvements, including plantings, are complete.”  He said that this is too much time for this part of the project.  He suggested using staff’s recommendation of the 5 building permits.  A permit limitation is better than a time frame.  

A motion was made by Alderman Terbrock to amend Bill # 3359 to staff’s recommendations of 5 building permits instead of 9 months.  Mayor Young asked if the 5 building permit limit was used, and if they have already sold 12 or 15 units, will the developer be held up until the plantings are completed?  Alderman Terbrock said he would like to see something happen rather than just open ground when it rains.  Assistant City Administrator Aiken said that if it is tied to units rather than a time frame, there is better control.  

Sid Colton, with Taylor Morley Homes, said that restoration should be defined because the City and State require that no silt goes into the creek.  If this happened, the builder would be fined.  He said they will have to get plantings to grow on the sides of the bank.  If it is the time of year that this won’t happen, they don’t want to be restricted by the number of permits. 

City Attorney Lucchesi suggested that no building or occupancy permits be issued following the initial 9 months.  Alderman Gatton said that the normal way of doing this is to require an escrow to make sure that plantings are done to the specifications.  Siltation is under city, state and federal guidelines.  The plantings are usually accomplished through an escrow.  Alderman Robinson suggested that the builder put up a bond. 

Assistant City Administrator Aiken suggested that the stabilization be accelerated, and that no more than 5 building permits can be issued until this has been completed. 

Alderman Robinson suggested that staying with the 5-unit restriction, but take out the requirement for plantings in case this is the time of year when plantings cannot be grown. 

Alderman Robinson seconded Alderman Terbrock’s motion, as recommended by staff.  Alderman Pogue further amended the motion that Holly Haven Drive be kept closed until the subdivision is 80% completed to protect the residents in the subdivision that joins the property.  Alderman Gatton seconded the amendment.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

A motion was made by Alderman Pogue and seconded by Alderman Gatton for a second reading of Bill No. 3359 as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3359 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3359 with the following results:  Ayes –Lembke, Pogue, Robinson, Buermann, Fleming, Suozzi, Terbrock, Gatton.    Nays – None.  Whereupon Mayor Young declared Bill No. 3359 approved and it became Ordinance No. 05-28. 

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. 

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first 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 first time. 

Alderman Buermann said that there is a 25 mph speed limit standard within the City and suggested that the Board go with staff recommendation to reject this proposal.  There are streets in all of the wards that have the same conditions.  

Alderman Gatton said that several other subdivisions have expressed interest in reducing the speed limits.  He considers this a positive and not a negative request.  He feels that since the residents are asking for this, the Board should grant the request.  There is no need to significantly increase the policing force just because a few speed limits are changed. 

Mayor Young said that the Police and Public Works Departments have both recommended against doing this.  It will cause problems, there will be more requests, and it will mean more police officers for enforcement.  If the speed limit is reduced in one area, we will have to grant similar requests in other areas.  He said he is sympathetic with the people making this request. 

Alderman Lembke suggested that the community affairs officers get involved with this situation.  He requested that the proposed legislation be held over. 

A motion was made by Alderman Gatton and seconded by Alderman Robinson for a second reading of Bill No. 3360.  A voice vote was taken with 7 yes votes, and Alderman Lembke voted No.  Alderman Robinson changed his vote to No.  The motion failed due to the Board policy that a second reading of a bill at a single meeting requires a unanimous vote for the 2^nd reading.  Bill No. 3360 will be held over until the June 13 Board meeting. 

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 Lembke to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT 

Commission Appointments:  Subject to Board approval, Mayor Young recommended the following re-appointments to the Planning & Zoning Commission:  Tim Reisel – term to expire on 5/13/09, and Jeff Medler – term to expire on 5/13/09.

A motion was made by Alderman Gatton and seconded by Alderman Pogue to accept the Planning & Zoning re-appointments.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Seven Trails Property Dispute:  Mayor Young reported that he met with Herb Baumann, who suggested a compromise proposal.  Assistant City Administrator Aiken reviewed it, and at this point, minor information is being requested for clarification.  If everything goes right, Seven Trails will get a permit to build a sign at an acceptable location when they give Ballwin a deed for the piece of property in dispute.  The sign will be located at the current location and will not be moved or enlarged.  If it is not exactly as stated, it won’t be approved.  Alderman Fleming stated that he is abstaining from discussions and voting on this issue. 

The Dean Team:  Mayor Young asked what can be done to solve this issue.

A motion was made by Alderman Robinson to table further discussion until a written proposal and a written escrow agreement is provided for consideration.  The motion failed for a lack of a second. 

Mayor Young said that an escrow agreement is not usually brought to this Board.  Alderman Robinson said that the Board is being asked to deviate from a policy that has been followed for years.  If this is going to happen, it should be that there is an agreement between the City and the business.  In order for him to vote on this, he wants to see the agreement.  Mayor Young said that by doing this, the Board will not consider the fact that the Deans have a proposal at MSD, and no matter what they are going to finish the project. 

Alderman Lembke asked, if Mary Dean was to come to Mr. Aiken tomorrow with an approved plan from MSD, would he be in a position to issue a building permit for the new Subaru construction, given the pre-existing citation regarding the parking lot issue.  City Administrator Kuntz said that the citation will go forward with a notice to the court that the issue is resolved.  The limits of our discretion are that they have the permits and apply for the building permit, which means MSD first.  

Alderman Lembke said that the Dean Team is saying that they have the money to go ahead with this project, they are anticipating MSD approval, it will cost $200,000 for the plan that was submitted to MSD, they want to give Ballwin that money to demonstrate their commitment to this project, and in lieu of actually having the plan from MSD, they are asking the Board to direct staff to issue the Subaru building addition permit. 

City Administrator Kuntz said that this is essentially covered. 

Alderman Buermann said that if we allow the building permit to be issued, having the $200,000 in hand, if nothing else gets done, the sidewalks will be fixed.  The parking lot will not be a parking lot anymore after that point in time. 

Alderman Suozzi said that the September 1 date was just to have the approved and ready to go, not to have the project completed.  She said that $200,000 is a harsh penalty if the project is not done by September.  It can’t possibly be completed by September 1.  Mayor Young said that this date was only to have the permits issued.  A completion date would be set for a later time.  

Mary Dean said that they could have the permits by September 1, and finished by December 31, or they forfeit $200,000.   

A motion was made by Alderman Buermann, and seconded by Alderman Terbrock, that we accept the $200,000 agency escrow, that all approvals and permits be in hand by September 1, or the $200,000 is forfeited and that construction is to be completed by December 31, 2005, or the $200,000 is forfeited. 

Alderman Lembke said that this motion does not say anything about what staff has initially asked to be done.  They are asking for the Board to tell them if a permit can be issued.  If the motion is passed that was just made and seconded, this does not allow staff to issue the building permit tomorrow morning. 

The motion was made by Alderman Lembke, and seconded by Alderman Terbrock to amend the original motion that staff is hereby granted permission to issue a building permit upon the acceptance and execution of the escrow agreement.  A voice vote as taken resulting in Ayes – 5, Nays – 1, Alderman Robinson.  Aldermen Gatton and Pogue abstained.

City Administrator Kuntz said that if the $200,000 is forfeited, the City could begin the process to revoke the existing Special Use Exception for non-compliance. 

Alderman Buermann reminded Mary Dean that on December 31, 2005, if the project is not done, at the first meeting in January, he will ask for the S.U.E. to be revoked.  This will give seven months to get the project done. 

CITY ADMINISTRATOR’S REPORT 

TIF:  City Administrator Kuntz said that staff needs to be directed to call the TIF Commission to convene.  A meeting needs to be held to discuss the issue of eliminating the sub-district and any other issues for discussion.  A public hearing should be held, and a recommendation made to the Board of Aldermen for legislative final action. 

A motion was made by Alderman Lembke and seconded by Alderman Pogue for staff to proceed as recommended.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Protests and Picketing:  City Administrator Kuntz said that he would like to meet with the City Attorney and Police Department to present a bill for consideration for the regulation of registration, protesting and picketing during Ballwin Days.  If there is a problem with the concept, at the June 13 Board meeting it can either be held over or defeated.

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

Retail Expansion – Financial:  City Administrator Kuntz said that the Board has his response and the City Attorney’s response.  There wa