The Ballwin Board of Aldermen will meet in a workshop session at 5:15 p.m. on Monday, October 25, prior to the regular Board of Aldermen meeting, to discuss Budget preparation for 2005.  This meeting will be held at the Donald “Red” Loehr Police and Court Center in the Board room at 300 Park Drive.  No official action will be taken at this meeting. 

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

Robert Kuntz, City Administrator 

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation.  If you are a person requiring an accommodation, please call (636) 227-8580 (V) or (636) 527-9200 (TDD) or 1-800-735-2966 (Relay Missouri) no later than 5:00 P.M. on the third business day preceding the hearing.  Offices are open between 8:00 a.m. and 5:00 p.m. Monday through Friday.

The meeting was called to order by Mayor Jones at 7:07 p.m.

The Pledge of Allegiance was given.

Red Ribbon Week:  Mayor Jones said that Red Ribbon Week is from October 21 – 29, and has been celebrated since 1986 when a drug enforcement agent was kidnapped and killed when coming close to breaking up a drug cartel in Mexico.  To honor this heroic agent and to demonstrate the commitment to drug and alcohol prevention, family members and friends began wearing red ribbons.  Since that time, the National Family Partnership has adopted this week to raise awareness about keeping children drug free.  Mayor Jones called attention to the posters on the wall in the Board room that were created by the elementary school students in the City of Ballwin, to raise the awareness of drug-free education.

The Minutes of the October 11, 2004 Finance & Administration Committee meeting were submitted for approval.  A motion was made by Alderman Gatton and seconded by Alderman Lembke to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the October 11, 2004 Board of Aldermen meeting were submitted for approval.  Alderman McDowell requested amending page 2, Mayor’s Report, third paragraph as follows:  Instead of an “acceptable” approach, it should be an “unacceptable” approach.

A motion was made by Alderman Lembke and seconded by Alderman McDowell to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Proclamations:  Mayor Jones read a proclamation honoring Jim and Reba Lacey on their 60^th Wedding Anniversary on October 28, 2004.  Mr. and Mrs. Lacey have been Ballwin residents since 1976.

Mayor Jones presented a proclamation recognizing Paul J. McCain as Eagle Scout in Boy Scout Troop 792.  Paul has received the following awards:  Band Student of the Year, President’s Education Academic Excellence, Parkway Gifted Program, Student of the Month, Best Brass and Outstanding Jazz Solo Performance.  Paul was also chosen to participate in the Order of the Arrow by the Brotherhood Boy Scouts of America.  Mayor Jones proclaimed October 31, 2004, Paul J. McCain day in the City of Ballwin.

None.

Patrick O’Driscol, 449 Ivywood:  Mr. O’Driscol spoke regarding the 140 Holloway Road project.  He is concerned that five condo units and expansion of the business office is too high density.  He believes there will not be enough parking space and vehicle access is poor.  He said that vehicles will be dropping fluids from the transmission, engine oil and power steering and the fluid will end up in Grand Glaize Creek.  He suggested a filtering pond where one of the condo units is to be built. 

Donna Korno, 223 Kehrs Mill Trail:  Ms. Korno said she lives on the east side of the proposed Holloway Kehrs Mill Crossing Subdivision.  She is opposed to this development because it will be too close to her condo unit.  She requested less density and a larger setback.  She said the developer is planning on using the front building as a commercial real estate office and other commercial businesses as well. She said this will be at the entrance to Vlasis Park.  Mayor Jones said that the parcel being considered for this development is a commercial site.  She asked the Board to try to give more space between the new development and Kehrs Mill Crossing. 

Lynn Goetz, 14706 Clayton Road:  Mr. Goetz asked about the status of Bill 3319 regarding the proposed non-smoking legislation.  Mayor Jones said that Bill 3319 did not receive a motion for a second reading, therefore, it was not considered.

Richard Halsey, Hall and Halsey Associates:  Mr. Halsey said he represents Mr. Hopper in the Holloway Kehrs Mill Crossing subdivision development.  Mayor Jones asked Mr. Halsey to postpone his comments until the proposed legislation is discussed during this meeting.

BILL # 3321 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR THE SHELTON 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 Lembke and seconded by Alderman Pogue for a first reading of Bill No. 3321.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3321 was read for the first time.

Mayor Jones said that this item was considered by the Planning & Zoning Commission on October 4, 2004.  The commission members present voted unanimously to recommend approval of SUB 04-6, which is the Shelton Subdivision, contingent upon compliance with staff review, which contained several recommendations, and with modifications to the 15-foot no-grade zones on the east and west, and upon Mr. Shelton providing a letter of permission from James McDowell to run the sanitary sewer line across a portion of his property for hook up to the main line.  Mayor Jones said Mr. McDowell sent a letter to Assistant City Administrator Aiken, who grants the necessary permission to remove some shrubs and disturb sod in his yard in order for Mr. Shelton to install the new sewer line in the easement at the south side of the McDowell property.

Alderman McDowell said that he and Mr. James McDowell are not related.

A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a second reading of Bill No. 3321.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3321 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3321 with the following results:  Ayes – Suozzi, Pogue, McDowell, Gatton, Lembke, Robinson, Fleming.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3321 approved and it became Ordinance No. 04-43.

BILL # 3322 - AN ORDINANCE APPROVING THE MXD SITE PLAN OF HOLLOWAY KEHRS MILL CROSSING SUBDIVISION IN THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.

Mayor Jones asked if there is a motion for a first reading.  No motion was proposed.

Mayor Jones said this item was on the agenda of the Planning & Zoning Commission on October 4, 2004.  The Commission members present at that meeting voted 6 – 3 to recommend approval of SUB 04-3, and by the same vote approval of the Mixed Site Plan. 

A motion was made by Alderman Gatton and seconded by Alderman Lembke for a first reading of Bill No. 3322.   A voice vote was taken with 6 Aldermen voting Aye, and Alderman Robinson voting Nay. The motion was declared passed and Bill No. 3322 was read for the first time.

Alderman Gatton said that there was much discussion on this issue at the Planning & Zoning Commission meeting.  He said the set back is an issue because the side yard of the proposed development is adjacent to the back yard of existing condominium units in Kehrs Mill Crossing.  He said the proposal conforms to the requirements for MXD.  A 15-foot setback on a side yard substantially exceeds Ballwin’s requirements for a side yard setback.  He said the other request was to put a sign in the front yard on Holloway Road for the commercial property.  The residents are concerned about the commercialization of Holloway Road in that area. 

Richard Halsey, of Hall & Halsey Associates, said that the front building will be for office use.  He said that Mr. Ronnie Hopper, owner of the property, has a real estate office in Ellisville, and intends to move it to this site.  The office hours would be approximately 8-5 or 9-6 during the week.  Weekend usage would be minimal.  He said the commercial intensity is very low.  The only type of business in this building will be what the Board approves. 

Mr. Halsey said that by ordinance, they are allowed 200 square feet of signage.  He said that 50%-75% of that amount would be sufficient.  They will abide by the restrictions set out by the City.  He said the sign will not have lights at night.

Alderman Lembke asked about the level of activity that will be generated at this location on weekends.  Mr. Hopper said that part of the building will be occupied by Hopper Real Estate and that this is a small office.  He said there will be another tenant or two in the building also.  He said it should be a low density type use.  Alderman Lembke said that he is not comfortable with “should be” low density.  He said that “should be” means that it could become high or higher density.  Mr. Hopper said that at his office in Ellisville, they do not have regular weekend office hours.  It is only by appointment on the weekends.

Alderman Suozzi said that in talking with the Planning & Zoning Commission, there was a lot of discussion on the size of the parcel and if it meets the rules of the MXD guidelines.  She said if the whole parcel is considered, it is large enough, but if just the commercial area is considered separately, it may not be large enough. 

Assistant City Administrator Aiken said that one acre is the minimum parcel size to be considered for MXD.  He said this parcel is over one acre and is already zoned MXD and has been since the middle 1980s.  He said there is nothing in the ordinance that prohibits this from being subdivided into smaller parcels, as long as at the time of submittal it meets the one acre requirement.

Mayor Jones said that there was an error in the original staff report stating that this was a non-conforming parcel in the MXD zoning classification.  He said that the parcel is slightly larger than an acre.  This was clarified during the Planning & Zoning Commission meeting.

Alderman McDowell said that the adverse affect on the character of the neighborhood must be considered.  He said the neighborhood at the present time consists of condominiums.  He feels that the establishment of a commercial facility at this location and adjacent to Vlasis Park will adversely affect the character of the neighborhood.  He said the condominiums are consistent with the neighborhood.  There are no commercial buildings to the south or north of this location.  This will put the commercial building on an island right before a stop sign.  He said this is an adverse affect on the character of the neighborhood. 

Alderman Robinson asked who are the other tenants going to be.  Alderman Gatton said that Mr. Hopper has been talking with people.  He didn’t have signed leases, but it would be general office.

Mayor Jones said a more significant commercial development could be the next proposal that comes before this Board, and it will be backing up to the historic log cabin and become a neighbor with Vlasis Park. 

Alderman Robinson said the Board was against allowing a sign for Seven Trails on the south side of the park.  City Administrator Kuntz said that was an off-premise directional sign.  It is legally non-conforming and is, therefore, a different situation and issue.

Alderman Suozzi said that the Barn At Lucerne, Enigma Lounge, and the doctors’ offices are zoned MXD.  She said she is concerned about this because there have been problems with the adequacy of the medical building parking.  Alderman Gatton said that the owners of the medical building stated that they had parking arrangements with the Barn At Lucerne, which they later lost.  He said that approval should not have been given without sufficient on-site parking. 

Alderman Suozzi asked what would preclude Mr. Hopper from using this building as a retail site as long as the parking remained in the same place and he didn’t need a special use exception for front yard parking.  Mayor Jones said that a sub-paragraph in Bill # 3322 states that the plan is exclusively limited business and professional office uses in the commercial building only. 

Alderman McDowell said that in this neighborhood, there are no residential/commercial developments with office buildings in that area.  This is a new venture that is coming into an established condominium area.  He said that the standard that he applies is, does this new venture have an adverse effect on the character of the existing condominiums.  He believes that it does.  The area has a log cabin, a park, and the heart of a residential area.  It is zoned commercial but it will adversely affect the character of the neighborhood. 

Alderman Suozzi said this parcel is zoned MXD which allows a commercial use.  She asked if this could become a medical or dental office if there adequate parking.  Alderman Gatton said it meets the zoning requirements for a professional office space.  He said he doesn’t know if it would meet the requirements for a retail space or restaurant.  These requirements are different. 

 Alderman Lembke asked how many square feet is the proposed building going to be.  Mr. Halsey said they are proposing a 17-foot addition to the rear.  Altogether, including the basement, there will be approximately 4,400 square feet of building.  He said the required parking of 1 space for every 250 square feet of gross floor area, is 18 spaces, and this is included in the plans.  He said they eliminated two spaces so that a planting island could be installed and have more green space at the corners.  If the Board wants more parking, they will do this.  Mr. Halsey said they are willing to cooperate with the condition that this building be office only.  The parking requirements of the City are adequate for their use.  He said they will cooperate with the specified hours of operation and signage requirements. 

Alderman Lembke pointed out that there is a five-star restaurant with signage in the middle of Seven Trails Apartment complex. 

Alderman Pogue expressed concern about the amount of front to side positioning in such a small area.  He said the office building will be backed up close to Unit #6.  He is concerned about the adverse conditions that this will impose on the residents.

Mr. Halsey gave a brief description of the development.  He said the office building will continue to be a residential looking structure.  He said there is no desire by the owner to make it a commercial looking enterprise.  The same building will stay with a 17-foot addition to the rear of the building.  He said there will not be business hours at night and very limited business on the weekend. 

Alderman Pogue asked if there are any spots in the current subdivision around Kehrs Mill Bend where the headlights from people entering Units 5 and 6 or exiting Units 2 and 3 will be shining directly into the backs of the existing units on the east side.  How much of a landscape buffer will there be on the east side of the property?  Mr. Halsey said a heavy evergreen screen will be planted on both sides. 

Alderman Lembke asked how much on-street parking will there be for the condominiums.  Mr. Halsey said there will be 2-car garages with each unit, 2 spaces in the driveway (the driveways are at least 20 feet long), and there might be space for on-street parallel parking.  He said because of the limited commercial use at night and weekends, Mr. Hopper said that his commercial lot can be used for additional parking.

Assistant City Administrator Aiken said this is the same parking requirement that was required of Kehrs Mill Crossing when they were built.  He said there are 4 off-street parking spaces for each unit. 

A motion was made by Alderman Lembke and seconded by Alderman Gatton for a second reading of Bill No. 3322.  A voice vote was taken with 6 Aldermen voting Aye, and Alderman Robinson voting Nay. The motion was declared passed and Bill No. 3322 was read for the second time.

Mayor Jones said that this legislation has been read by title, but it is his understanding that section 1 sub paragraph “G”, that the total signage on the site will be limited to 150 square feet, not internally illuminated. 

Alderman Lembke amended his motion to include in Section 1, sub paragraph G, that the sign will be limited to 150 square feet and the sign shall not be internally illuminated.  Alderman Gatton seconded the second reading with Alderman Lembke’s amendment.   Ayes:  Aldermen Pogue, McDowell, Lembke, and Gatton.  Nays:  Aldermen Robinson, Suozzi, and Fleming. 

Alderman McDowell asked Assistant City Administrator Aiken to clarify the stipulations for an externally illuminated sign of this nature, what type of lighting will qualify?  Assistant City Administrator Aiken said externally illuminated means a light shining on the sign as opposed to inside the sign.  He said there are no standards in the code that specify a ground mounted light vs. a pole mounted light.  There is a provision in the sign code that prohibits light from shining on the rights-of-way or adjoining properties. 

Mr. Halsey said they could function on a reduced level of lighting.  He said they will work with staff to create whatever is appropriate for this situation.  They will comply with whatever the intent is of the Board. 

A roll call was taken for passage and approval of Bill No. 3322 with the following results:  Ayes –Lembke, Gatton.    Nays – Suozzi, McDowell, Fleming, Robinson, Pogue.  Whereupon Mayor Jones stated that Bill No. 3322 failed.

BILL # 3323 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR HOLLOWAY KEHRS MILL CROSSING SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.

Mayor Jones asked Mr. Halsey if he would like the Board to consider at this time, Bill # 3323 regarding the subdivision petition.  Mr. Halsey asked the Board to take no action on this matter at this time.  Mayor Jones said that, based on Mr. Halsey’s request, no action will be taken on this date on Bill # 3323.

BILL # 3324 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR COMPUTER-AIDED REPORT ENTRY SERVICES.

A motion was made by Alderman Robinson and seconded by Alderman Pogue for a first reading of Bill No. 3324.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3324 was read for the first time.

Alderman Fleming asked for an explanation of Computer-Aided Report Entry (CARE).  Captain Saulters explained that whenever a police officer responds to a call and takes a report, the St. Louis County computer-aided reporting system is used.  The officer calls St. Louis County on the phone, gives the report information where the reports are entered into the computer system.  The report is printed at the Ballwin Police station.  St. Louis County has a record keeping system so that reports can be retrieved from years past.  Mug shots and any other information in the reporting system also is obtained from the St. Louis County CARE service.  Captain Saulters said that most information from other municipalities is in the system as well and is available. 

A motion was made by Alderman Suozzi and seconded by Alderman Robinson for a second reading of Bill No. 3324.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3324 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3324 with the following results:  Ayes –Suozzi, Fleming, Lembke, Pogue, McDowell, Robinson, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3324 approved and it became Ordinance No. 04-44.

None.

Midwest Waste – Construction Debris:  City Administrator Kuntz said that Mr. Tony Lamantia, Municipal Account Representative with Midwest Waste, is present to discuss construction debris and material removal.  This proposal would be an extension of the existing contract for modification, if necessary, on a formal basis. 

Mr. Lamantia said that this matter is regarding people who are setting out pick up truck size loads and large quantities of construction material for their weekly pickup.  He said that Midwest Waste wants to charge for construction material loads of this size.  He feels that the proposed fee is reasonable.  An option would be given to the resident to be able to call a smaller hauler.  Midwest Waste wants to continue picking up everything that the residents set out.  He said a lot of people remodel their homes, and instead of paying to get rid of the construction debris, they set it out for the trash pick up.  He believes that there are also small contractors that are disposing of their business demolition debris in this way.

Alderman Gatton asked how often does this occur.  Mr. Lamantia said approximately 2 or 3 times per month in Ballwin.  He said the contract is for everyday household trash; construction material is not considered everyday household trash. 

City Administrator Kuntz said that he and City Attorney Lucchesi feel that the most appropriate way to address this issue would be to modify and include this as a new section in the agreement.  He said if the Board is going to approve this, an aggressive campaign to inform the residents would be necessary.  The first solution is going to be the orange tag posted on the debris that states Midwest Waste is unable to pick up the materials.  Unfortunately, the neighbors will have to live with a pick up load of construction debris for a week.  He said if the Board wants to approve a charge for the pick up of construction materials, the contract should be amended to include this section, but at the same time, there has to be a tolerant and aggressive public relations campaign. 

Alderman Robinson asked if there is an ordinance that indicates that all trash must be in a container.  City Administrator Kuntz said yes.  Alderman Robinson suggested having a weight limit.  He is concerned for the driver that some large loads could be too much for him to handle.  He said if a resident sets out 3 windows, that is not unreasonable.  Under the Midwest Waste proposed definition, the driver would not have to pick up the windows.  Mr. Lamantia agreed.  He said that 90% of the time, the driver will pick up the items. 

Alderman McDowell asked for a clarification of bulk pickup.  Mr. Lamantia said that bulk items are a couch or a chair or other furniture.  He said if someone set out a cabinet, 90% of the time it will be picked up.  Alderman McDowell said that many items that have been set out in the past have been considered bulk pick up, and now some of these items will be construction material and wouldn’t be picked up without a charge.  Alderman McDowell said if certain items are going to be picked up 90% of the time, why should an addendum be added to the contract that will assess an additional cost to the residents?  Mr Lamantia said that there are remodeling companies located in Ballwin, and when a house is remodeled, they take the construction debris back to their house and put it out for Midwest Waste to pick up.  Alderman McDowell does not think an addendum should be added to the contract for additional fees.  He is comfortable with the contract as it is.  A resident could set out 2 cabinets that was always previously picked up, and now Midwest Waste won’t pick it up. 

Alderman Gatton said this cannot be a huge problem to Midwest Waste when it only happens 3 or 4 times per month.  He said this would only be approximately $200 per month or $2,000 per year.  Mr. Lamantia said it is a problem because Midwest Waste picks up in 30 cities and this has become a problem in most of the cities.  He said if a driver takes a couple of hours to pick up at one house, fills up the truck, and then the City cannot be completed.

City Administrator Kuntz suggested that Mr. Lamantia discuss this with other cities and determine if there is a model guideline that can be proposed to all of the cities.  He said the Board is wiling to consider this but it is too premature to adopt a solution that may not work.

Alderman Lembke suggested that more items should be included in the bulk pick up.  The resident could call Midwest Waste to tell them the items are there and Midwest Waste will tell the resident what day to set out the items.  It will not cost the resident anything additional. 

Alderman Lembke said that a homeowner moving in may have lot of packing boxes for trash pick up for a couple of weeks.  After that, the pick up is normal at that residence.  This would not be abusing the system.  If someone is abusing the pick up system by continuously setting out construction materials on a regular basis, this should be stopped.  Alderman Lembke said he is concerned for the Midwest Waste personnel, but if this is not handled right, there will be lots of phone calls from the residents.

Mr. Lamantia said that he needs to restructure the guidelines.  If someone is going to put out just a few light fixtures, he doesn’t have a problem with that.  He said he needs to be more specific on what is a large enough load to charge for the pick up. 

Alderman McDowell said he is not in favor of that suggestion.  There should not have to be clarifications of what will or will not be picked up.  He said he is not going to relegate to the citizens of Ballwin that if Midwest Waste won’t pick up a peg board, but they will pick up a refrigerator, and charge the individual to pick it up.  He said that Midwest Waste has set the standard on what they will or won’t pick up.  Alderman McDowell said he is not going to endorse what Midwest Waste determines as construction material and Ballwin passes this on to the citizens and state that if Midwest Waste declines pickup, the customer will have to pay $50 for Midwest to pick up the items and $30 for an additional visit.  He said his phone will never stop ringing in Ward 1.  If a resident has to pay $50 for Midwest Waste to pick up a toilet, this is not acceptable.  Mr. Lamantia said he is referring to a large quantity of construction items.  He said this is unfair to his drivers.  Alderman McDowell said he does not believe that this is happening.  Mr. Lamantia said it is happening every day.  Alderman McDowell said that the resident should break up the amount of items into several pickups. 

Alderman Gatton said that if a resident has a commercial operation and is using the residential pick up, Midwest Waste should have the right to adjust their service.  He said limiting the amount of weight for pickup is fair.  Mayor Jones said he prefers weight and container restrictions.  If a new charge goes into the contract, this will not look good.  He is not in favor of putting a new charging system into the contract. 

Mr. Lamantia said there is currently a 75 pound weight limit.  Alderman Lembke said there is a house in Ward 4 that has construction materials twice a week, every week for pick up.  He said this individual seems to have been remodeling this house for 6 or 7 years.

Alderman Lembke suggested that Mr. Lamantia clarify and let people know what is considered bulk pick up and how much is acceptable.  Mr. Lamantia said he will prepare a new proposal for discussion at the next meeting.

Rec Fee Adjustments:  City Administrator Kuntz said this was first discussed in the Finance & Administration Committee meeting instead of a Parks & Recreation Committee meeting. 

Alderman McDowell asked if the 50¢ per round increase is for everyone.  Alderman Lembke said it would be appropriate to increase 50¢ for residents and 75¢ for non-residents.  City Administrator Kuntz said that by increasing the rate the same for resident and non-resident, the ratio stays the same. 

Mayor Jones said he does not like raising the rate for pull carts by $2.00.  He said that discourages people from using the carts.  Director of Parks and Recreation Bruer said that is an error.  She said the proposed increase is $1.00. 

Alderman Fleming asked Parks Director Bruer to review all of the fees.  She said residents pay $8.00 weekdays, and non-residents pay $14.  The weekends are the same ratio only higher.  She said that petroleum products have gone up 6%, therefore, 6% on top of green fees and the number of rounds, it came out to 50¢ per round.  She said the rate could be increased to $1.00 for non residents, however, there are more public golf courses in the area.  If the fees are too much higher, customers will go somewhere else. 

Alderman Lembke asked when the last time a rate adjustment was made at the golf course.  City Administrator Kuntz said at least 3 years. 

A motion was made by Alderman McDowell and seconded by Alderman Robinson to raise the rate for a round of golf by $1.00 for both residents and non-residents and increase the pull cart rental by $1.00.  A voice vote was taken with a unanimous affirmative result and the motion was passed.

Budget Work Session:  City Administrator Kuntz said a budget work session was held at 5:15 p.m. on this date.  There will be an operating budget work session on November 8 at 5:15 p.m. 

Use Tax Proposal:  City Administrator Kuntz said the Use Tax proposal will be on the November 2 ballot.  This was mentioned in the “St. Louis Post-Dispatch” and “Press Journal”.  This is a tax on internet sales that exceed the annual exemption of $2,000 of aggregate purchase.  He said this is generally a business tax as opposed to a residential tax on internet sales. 

Closed Session:  City Attorney Lucchesi said a closed session is needed to discuss litigation.

Signs:  Alderman Lembke said sign are being put up in the right-of-way throughout Ballwin.  The signs are put out on Friday evening and are taken down by Sunday night or Monday morning.  The city crews take the signs down during the week.  The businesses understand this.  They put out the signs on Friday night after the close of business and receive free advertising while breaking the Ballwin law.  He said the Ballwin code should be enforced 7 days per week instead of just 5 days per week. 

City Administrator Kuntz said that the signs for business that are going out of business are typically protected by bankruptcy laws.  Legally the sign ordinance cannot be imposed on a bankruptcy sale.  For the other types of weekend signs, a schedule adjustment can be made by the inspection department to pick up the signs. 

Alderman Pogue said the political signs are also in the right-of-way.  City Attorney Lucchesi said the political signs are in the most protected category of protected speech and cannot be picked up.

Bid Process:  Alderman Fleming said 3 or more bids should always be aggressively pursued for every purchase.  He said in April, zoysia for the golf course was purchased with 1 bid; in May , microsurfacing, 2 bids; June, signs, there were 3 bids.  When there are not enough bids, we limit our options.  He said there have also been good examples of 3 or more bids from various departments.  Public Works had 3 bids for the Claymont sidewalk; the Police Department had 5 or more bids for the ammunition.  Alderman McDowell said that there may not be very many companies that sell zoysia in the area, or had it available at the time, therefore, the bid may be limited to 1 or 2 bidders.  City Administrator Kuntz said all departments will continue to strive for competitive bidding.

Adjourn:  A motion was made by Alderman Suozzi and seconded by Alderman Robinson to adjourn to closed session, according to the provision of Section 610.021 of the Missouri statutes for the purposes of discussion pending litigation.  A roll call vote was taken with the following results:  Ayes: 

Aldermen Suozzi, Pogue, McDowell, Robinson, Fleming, Gatton, Lembke.  Nays:  None.  The motion passed to adjourn to closed session at 8:45 p.m.

The Board convened in closed session at 8:50 p.m.

A motion was made by Alderman Lembke and seconded by Alderman Gatton to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 8:59 p.m.

The Board reconvened in open session at 9:00 p.m.

Mayor Jones announced that the Board met in closed session to discuss pending litigation.  No votes were taken.

A motion was made by Alderman Suozzi and seconded by Alderman Robinson to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 9:02 p.m.

MC