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

The Pledge of Allegiance was given.

The Minutes of the April 26, 2004 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Suozzi and seconded by Alderman Buermann to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the May 1, 2004 Aldermanic Retreat 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.

Eagle Scout Proclamation:  An Eagle Scout Proclamation was presented to Patrick Casanta, with Boy Scout Troop 357.  Patrick has earned 24 merit badges and the Catholic religious award Ad Altare Dei.  He was elected by his peers into the Order of the Arrow in 1999.  He has held the positions of Patrol Leader, Assistant Patrol Leader, Assistant Senior Patrol Leader, Troop Guide and Instructor, participating in Student Government, National Honor Society, Ignatius Honor Society, DeSmet Rugby, Spanish Club, Outdoor Club, Kairos Retreat Leadership Team and Belize Service Project.  Patrick received a National Merit Commendation and graduates this year from DeSmet Jesuit High School as Valedictorian.

Citizen’s Academy diplomas were presented to Patrick O’Driscol, Chuck Triplett, Dan Ryan,          Rao Kaza, Nuzhat Nisar, Qasim Bajwa, and Mead Gruver. 

None.

None.

BILL # 3293 - AN ORDINANCE AMENDING ORDINANCE NO. 557, KNOWN AS “THE ZONING ORDINANCE” OF THE CITY OF BALLWIN, AND AMENDING “THE DISTRICT MAP” BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN LAND IN THE CITY OF BALLWIN FROM C-1 COMMERCIAL TO R-1 SINGLE FAMILY.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3293.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3293 was read for the first time.

Mayor Jones said on May 3, 2004, this petition was reviewed by the Planning & Zoning Commission.  The commission members present voted unanimously to recommend approval of this rezoning changing the zoning of the three parcels (107, 109 and 111 Lock Drive) from commercial to single family R-1.

Alderman McDowell asked if the letters from the residents are on file.  Mayor Jones said they are.  There was a petition submitted at the meeting.  The two properties that wish to remain commercial are not part of this rezoning.

A motion was made by Alderman Lembke and seconded by Alderman Gatton for a second reading of Bill No. 3293.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3293 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3293 with the following results:  Ayes – Lembke, McDowell, Robinson, Suozzi, Pogue, Buermann, Gatton, Fleming.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3293 approved and it became Ordinance No. 04-18.

BILL # 3294 - AN ORDINANCE TRANSFERRING A SPECIAL USE EXCEPTION GRANTED IN ORDINANCE 1864 TO CEDARBROOK LLC.

A motion was made by Alderman Lembke and seconded by Alderman Robinson for a first reading of Bill No. 3294.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3294 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3294.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3294 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3294 with the following results:  Ayes –Suozzi, Pogue, Fleming, Lembke, McDowell, Buermann, Robinson, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3294 approved and it became Ordinance No. 04-19.

BILL # 3295 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO D.R.C. INC., D/B/A CALLIER’S DELI, FOR A SPECIAL USE EXCEPTION FOR SALE OF ALCOHOLIC BEVERAGES BY THE DRINK FOR CONSUMPTION ON THE PREMISES WHERE SOLD.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3295.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3295 was read for the first time.

Mayor Jones said the Planning & Zoning Commission considered this matter in a Public Hearing on May 3, 2004.  The commission members present voted unanimously to recommend approval of this special use exception.

A motion was made by Alderman Robinson and seconded by Alderman Suozzi for a second reading of Bill No. 3295.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3295 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3295 with the following results:  Ayes –Robinson, Gatton, Lembke, McDowell, Fleming, Pogue, Suozzi, Buermann.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3295 approved and it became Ordinance No. 04-20.

BILL # 3296 - AN ORDINANCE IMPOSING A USE TAX IN AN AMOUNT EQUIVALENT TO THE RATE OF SALES TAX LEVIED BY THE CITY OF BALLWIN AND CALLING FOR SUBMISSION TO THE VOTERS OF THE CITY OF A PROPOSITION AUTHORIZING SUCH TAX.

A motion was made by Alderman Lembke and seconded by Alderman Pogue for a first reading of Bill No. 3296.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3296 was read for the first time.

Alderman Suozzi said that when the discussion of Use Tax came up several years ago, there was a suggestion that it start at a minimum dollar amount.  She asked if this is for any sale over the internet.  City Administrator Kuntz said there is a withholding exemption of $2,000.  She said there is no mention of that in the wording for the ballot.  Mayor Jones said the last sentence contains the exemption, “A use tax return shall not be required to be filed by persons whose purchases from out of state vendors do not in total exceed two thousand dollars in any calendar year.”

A motion was made by Alderman Gatton and seconded by Alderman Buermann for a second reading of Bill No. 3296.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3296 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3296 with the following results:  Ayes –Gatton, Fleming, Robinson, McDowell, Suozzi, Pogue, Lembke, Buermann.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3296 approved and it became Ordinance No. 04-21.

BILL # 3297 - AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF THE RIGHT OF WAY FOR OLD KIEFER CREEK IN THE CITY OF BALLWIN.

A motion was made by Alderman Lembke and seconded by Alderman Suozzi for a first reading of Bill No. 3297.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3297 was read for the first time.

Mayor Jones said that this was an old right of way and is not being used as a traveled road and no longer will be.  Alderman Suozzi asked if this area was ever paved.  Alderman Gatton said there is a new bridge crossing the creek, but no pavement.  Further east there is pavement crossing the creek. 

Mayor Jones said the property owner paid the necessary costs of preparing the legal description and the plat at no expense to the City. 

A motion was made by Alderman Pogue and seconded by Alderman Gatton for a second reading of Bill No. 3297.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3297 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3297 with the following results:  Ayes –Pogue, Robinson, Fleming, Lembke, McDowell, Buermann, Gatton, Suozzi.   Nays – None.  Whereupon Mayor Jones declared Bill No. 3297 approved and it became Ordinance No. 04-22.

BILL # 3298 - AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN QUIT CLAIM DEED FOR RIGHT OF WAY AT 844 KIEFER CREEK ROAD.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3298.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3298 was read for the first time.

Alderman Robinson pointed out that in Section 1, execute easements should be execute Quit Claim Deed.

A motion was made by Alderman Lembke and seconded by Alderman Gatton for a second reading of Bill No. 3298 as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3298 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3298 with the following results:  Ayes –Lembke, Suozzi, Robinson, McDowell, Buermann, Gatton, Pogue, Fleming.   Nays – None.  Whereupon Mayor Jones declared Bill No. 3298 approved as amended and it became Ordinance No. 04-23.

A motion was made by Alderman Suozzi and seconded by Alderman Lembke to adopt the consent items.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

President of the Board:  Mayor Jones said with the departure of Alderman Easter, he recommended the appointment of Alderman Ken Buermann to the position of President of the Board of Aldermen to serve in the absence of the Mayor to preside over meetings or perform the functions of Mayor in his absence. 

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

Summer Schedule:  Mayor Jones recommended the cancellation of the July 12 and August 9 Board of Aldermen meetings due to the slow down of business that comes before the Board in the summer months.  If there is any activity with the Planning & Zoning Commission on the first Monday of each month, there would be sufficient time to bring the matter to the Board of Aldermen at its second regularly scheduled monthly meeting according to standard procedures.

A motion was made by Alderman Robinson and seconded by Alderman Lembke to cancel the July 12 and August 9 Board of Aldermen meetings.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Liquor License:  Mayor Jones reported that Callier’s Deli has requested a license to sell intoxicating beverages on their premises.  This item was discussed by the Planning & Zoning Commission.  Mr. Callier had previously stated that only beer and wine would be sold.  The full liquor license is to accommodate the catering business which functions offsite. 

Alderman Fleming said that the ordinance states “by the drink for consumption on the premises where sold”.  He asked if this is for catering should the language be amended.  City Attorney Lucchesi said the liquor license is completely different from the Special Use Exception.  Alderman Gatton said that when Mr. Callier bids on a catering opportunity, he has to frequently get a special permit.  One of the questions asked is does he have a liquor license.  He is establishing a base that allows him to bid on jobs that require this. 

A voice vote was taken with a unanimous affirmative vote and the Liquor License was approved.

Batting Cages S.U.E. Transfer:  Mayor Jones said this is a request to transfer Batter’s Up batting cages at 14918 (rear) Manchester Road from Star McKay to Bob Wilson, 1543 Oak Forest Ct.  There are no proposed changes to the nature of the operation.

A motion was made by Alderman Robinson and seconded by Alderman Buermann to transfer the S.U.E. as requested.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Finance Advisory Committee:  Mayor Jones said that several months ago, the formation of a Finance Advisory Committee was discussed.  This committee was to be made up of citizens, one from each ward, to consider revenue opportunities, budgeting, fiscal constraints, and was to advise the Board of Aldermen.  There were two appointments to the committee from Ward 3 and Ward 4.  There were no volunteers from Wards 1 and 2.  The goal was for the committee to complete its charge before the May 1 Board Retreat.  It was decided on May 1 that, based upon the somewhat encouraging numbers for the first quarter of 2004, and that the Retreat has already taken place, the charge to the Finance Advisory Committee was no longer meaningful.  It was decided that this function could be handled within the Board of Aldermen. 

Alderman McDowell said that the intent of this committee was good, but the participation has not been as good as anticipated.  He suggested that the aldermanic Finance and Administration committee should meet on a more regular basis to address the issues that were the original intent of the Finance Advisory Committee.  Mayor Jones agreed and said that all of the aldermanic committees should meet 6 times each year. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann to abandon the Finance Advisory Committee due to a lack of resident participation and for the Finance and Administration Committee to meet more frequently.  A voice vote was taken with a unanimous affirmative vote and the motion was declared passed.

Planning & Zoning Vacancy:  Mayor Jones said that a new representative from Ward 2 is now necessary due to the residential relocation of Brad Underwood. 

Future Meeting Locations:  City Administrator Kuntz said that the Police Department would like to convert the current Board of Aldermen meeting location to more of a court room facility with extensive security equipment.  He said the multipurpose nature of the current Board room does not fit either as a court or as an aldermanic chambers.

The suggestion was made to move the Board of Aldermen meetings and Planning & Zoning meetings to the Golf Clubhouse ballroom/banquet room.  He said this could be tried as an experiment.  He said the TIF meetings worked out well at this location but a court stenographer was hired and a sound system was rented.  The sound and recording system would have to be transported.  He suggested using the Golf Clubhouse for the July 26 and August 23 Board meetings.  Alderman Buermann said that it will take more set up preparation for presentations and recording. 

Alderman Lembke said that if the Golf Club becomes the permanent meeting location for the Board of Aldermen, there could be accommodations made to purchase and install a sound system that could also be used by people who are renting the facility for banquets.  City Administrator Kuntz said that it would also be the location where the band and DJ would set up.  Alderman Robinson suggested giving it a try.  Alderman McDowell said that in the long term there will be competition with a revenue source for rentals.  City Administrator Kuntz said that Monday nights are not high rental nights.

Mayor Jones said that it was a good experience with the subdivision meeting for Claymont Subdivision.  There were 200 people in attendance at the meeting.  The dias at the clubhouse was able to accommodate the Board of Trustees and a podium for the speakers with microphones on either side.  He said it’s worth a try so that the current aldermanic chambers could be converted with a different security level for court.  The Board agreed to use the Golf Clubhouse ballroom/banquet space for the July 26 meeting.

Commercial Vehicles:  City Administrator Kuntz said this is regarding the expansion of the definition to include construction equipment and that vehicle attachments are used for accessory purposes, such as backhoes, cement mixers, snow plow blades, etc..  There is sufficient need that the language of the ordinance should be strengthened so that if there are future violations, it will be more clear in the eyes of the court for enforcement.  The recommendation is to amend the legislation to reflect the expanded definition.

Alderman Suozzi said there are still a couple of farmers and she would hate to prohibit a tractor that has been used for the past 60 or 70 years.  City Administrator Kuntz said that it wouldn’t be prohibited from the property; it wouldn’t be allowed to be parked on the front lawn.  Alderman Suozzi asked where was the concrete mixer.  City Administrator Kuntz said it was on the side yard and sometimes in the driveway.  It was an issue with the neighbors.  If it had been in the backyard, it wouldn’t have been in violation. 

Alderman McDowell asked City Attorney Lucchesi if he is in agreement with revising the ordinance.  He said when this was read months ago about the concrete mixer not being a commercial vehicle, he didn’t understand what else it could be.  He asked if this is a matter of interpretation from the prosecutor’s standpoint, or was there a solid definition?  City Attorney Lucchesi said the definition of commercial vehicle could be improved to help the prosecutor and court to find the violation.  Alderman Fleming said the code said motor vehicle.  Since it didn’t have a motor, it wasn’t considered a vehicle, therefore, it needed to be amended.

Alderman Robinson said that when people look on the internet to see if there is a restriction on these types of accessories, it may not come up if they are just doing a search on the headings.  It should be clear that this ordinance states a restriction on commercial vehicles and commercial accessories and equipment.  They will know that it’s beyond just vehicles.  Alderman Lembke said that it seems that a cement mixer would have wheels and tires and either an electric motor or gasoline driven engine to move the mixing operation, but would not have any means of propulsion to move itself independently.  This would sound like a trailer, and the trailer definition sets out specific measurements.  If it is less than 10 feet, the are allowed to do that.  He said this is a piece of construction equipment.  The definition should be expanded to include accessory construction and commercial equipment. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke to draft legislation to amend of the ordinance to include the restriction on commercial vehicles and commercial accessories.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Manchester Road Sidewalks:  City Administrator Kuntz said that in the interest of keeping the project moving forward, pre-approval is requested in the event that Ballwin is unsuccessful in the negotiations for the 3 or 4 parcels that have not been able to secure the easement for the sidewalks.  There is a tight timeframe with this project to continue with the commitment to receive federal funding. 

Alderman Buermann said that since Schrader Funeral Home is the oldest business in Ballwin and they haven’t made up their minds yet, he asked how aggressively is this being pursued?  City Administrator Kuntz said that their concern is the flower bed.  Landscape alternatives are being discussed including moving the sidewalk.  At this time it is not resolved.  Mayor Jones said we cannot let the deadline pass and lose the possibility of federal funding.

A motion was made by Alderman Robinson and seconded by Alderman Gatton to authorize staff to proceed.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Clarkson Valley Police Services:  City Administrator Kuntz said this contract will be discussed in closed session since this involves pending negotiations.  They have asked for further consideration. 

Clayton Engineering:  Also in closed session will be the topic of potential litigation with Clayton Engineering regarding the design of the Public Works yard retaining wall. 

Change Order:  Approval for a Change Order by the contractor to complete the retaining wall so that the Public Works maintenance yard can be constructed will also be discussed in closed session.  Final numbers on the change order were not obtained until Thursday afternoon.  This is in the amount of $116,945.  Ballwin does not have any negotiating power in this and the yard must be completed in order to build the salt storage building.  Since this is all behind schedule, Board approval will be requested. 

Alderman McDowell asked for an additional explanation of the change order.  City Administrator Kuntz said that we have plans and specifications that were the result of a bid process.  The bid process was awarded to this contractor.  As we began to complete the excavation and to erect the wall, it became obvious that the design was not going to structurally work based on what was submitted for the bid.  We met with all parties, discussed all of the options, our City Attorney was part of the discussions, we came to the conclusion that we needed revised plans.  The plans were submitted and the contractor then gave us a new price.  The original plan called for using the site excavated soil to do the backfill behind the wall.  As a result of the discovery of a design flaw that would not work, by everyone admittedly, including the people who prepared and sealed the plans, we were forced to go with different backfill material, a different design, and an additional cost.  The cost included removal of the soil originally planned for backfill, and adding rock and granular backfill, totaling $116,945.  That is the number that will be the topic, among others, of the closed session.  This is a critical point in the project where we have no alternative but to move forward and to complete the excavation.  The question is who is going to pay for it?  At this point, the project is over 3 weeks behind schedule because of this situation.  We would like to give the contractor notice and through City Attorney Lucchesi’s discussion with the Board and Board direction, decide how the funds will be secured.  The City has to move forward if the maintenance yard is going to be completed.

Alderman McDowell asked who submitted the original design.  City Administrator Kuntz said it was submitted by our agent, the engineering firm, who will be discussed in closed session.  The contractor bid on those documents, as did all of the other bidders.  Alderman Buermann said Ballwin is under a timeframe to meet EPA guidelines.  City Administrator Kuntz said that in addition, the contract has been awarded for the salt dome, a financing contract, sub-contracts for gates, electronics, and electricity. 

None.

None.

A motion was made by Alderman Gatton and seconded by Alderman Buermann to adjourn into closed session to discuss litigation and a contract with the City.  A roll call was taken with the following results:  Ayes – McDowell, Buermann, Pogue, Robinson, Suozzi, Fleming, Lembke, Gatton.     Nays – None.  The motion passed unanimously and the meeting was adjourned to closed session at 7:50 p.m.

The Board convened in closed session at 7:55 p.m.

A motion was made by Alderman Gatton and seconded by Alderman Suozzi to reconvene into open session. A roll call was taken with the following results:  Ayes – McDowell, Pogue, Buermann, Suozzi, Robinson, Fleming, Lembke, Gatton.     Nays – None.  The motion passed unanimously and the closed session was adjourned at 8:17 p.m.

The Board convened in open session at 8:26 p.m.

Mayor Jones announced that while in closed session, the Board discussed the Clarkson Valley police service contract and potential litigation against Clayton Engineering Company. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke to approve the $116,947 change order to Kupp Construction to modify the wall in the maintenance yard.  The motion was approved unanimously.

A motion was made by Alderman Buermann and seconded by Alderman Robinson to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:32 p.m.

MC