MEETING NOTICE AND MEETING CANCELLATION 

The Ballwin Board of Aldermen will conduct a special aldermanic retreat workshop on Saturday, May 1, from 8:00 a.m. – 12:00 noon at the Ballwin Government Center lower level conference room at 14811 Manchester Road.  The purpose of this session will be to discuss strategic planning and related issues. 

It is not expected that any 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.

The May 10 Board of Aldermen meeting has been cancelled.
The next regularly scheduled meeting will be held on May 24 at 7:00 p.m. in the Board Room of the Donald “Red” Loehr Police and Court Center at 300 Park Drive.  

Robert Kuntz, City Administrator 

The meeting was called to order by Mayor Jones at 7:02 p.m. 

The Pledge of Allegiance was given.

The Minutes of the March 22, 2004 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Lembke 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.

PUBLIC HEARINGS
None.

CITIZEN COMMENTS
None.

BILL # 3289 - AN ORDINANCE TRANSFERRING A SPECIAL USE EXCEPTION GRANTED IN ORDINANCE 02-57  TO WOLFE AUTOMOTIVE GROUP LLC..

A motion was made by Alderman Gatton and seconded by Alderman Lembke for a first reading of Bill No. 3289.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3289 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3289.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3289 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3289 with the following results:  Ayes –Suozzi, Robinson, McDowell, Anderson, Easter, Lembke, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3289 approved and it became Ordinance No. 04-13.

A RESOLUTION regarding the tax exempt status for the financing anticipated for the Public Works facility, salt store and related equipment. 

A voice vote was taken with a unanimous affirmative result and the Resolution was approved 

City Administrator Kuntz requested that Items E and F be removed from the Consent Items for further discussion.

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

 Sales Tax Holiday:  Mayor Jones said this issue is a sales tax holiday that would coincide with the time period prior to the start of school.  This has been imposed upon municipalities by the legislature.  If a city does not want to participate, it must “opt out”.  Manchester and Des Peres and others within the Lafayette Mayors’ Organization have discussed this issue.  He said cities should be able to make their own decisions on this issue.  The legislation is poorly written and there is no way to determine what is a back-to-school item that would qualify for the sales tax holiday.  This will put a burden on the clerks in the stores.  Rather than try to determine what is and what is not taxable, they will simply make the item not taxable.  He said this is a poorly thought out piece of legislation and he encouraged the Board to vote to draft legislation to “opt out” of the Sales Tax Holiday. 

Alderman Lembke said that this legislation was introduced in the legislature a couple of years ago when the economy was at its worst.  Ballwin does not impose a property tax and most of the income is from sales tax.  He recommended that the Board opt out of participation in the sales tax holiday.

A motion was made by Alderman Lembke and seconded by Alderman Gatton to draft legislation to opt out of the sales tax holiday.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Mayor Jones said this legislation will be considered at the next Board meeting on April 26.

Liquor License:  Mayor Jones said that Brazie’s Imports and Deli has applied to expand their liquor license to sell carry-out liquor on Sundays.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

 Finance Advisory Committee:  Mayor Jones said that representatives are still needed from Wards 1 and 2.  Alderman Suozzi said she has a name to contact and will discuss it with Alderman Buermann. 

City Administrator Kuntz expressed his appreciation and enjoyment working with Alderman Anderson and Alderman Easter.  At the beginning of the next meeting, there will be a roll call for the current Board.  The oath of office will then be administered to the newly elected aldermen, and a new roll call will be taken.  Business will then be conducted with the new Board. 

Concealed Weapons:  City Administrator Kuntz said City Attorney Lucchesi has located the original ordinance language recommendation.  He would like to present an ordinance combining this language from the Missouri Municipal League model with the Chesterfield penalties.  Originally there were no penalties.  This will give the Police Department a way to refer the matter to Municipal Court and there would be fines similar to any other misdemeanor. 

A motion was made by Alderman Gatton and seconded by Alderman Anderson to prepare legislation including penalties, for consideration at the April 26 Board meeting.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Maintenance Yard Easement:  City Administrator Kuntz said since this is a permanent easement and will be a recorded document, it should be presented in the form of an ordinance. 

A motion was made by Alderman Lembke and seconded by Alderman Gatton to prepare legislation to dedicate the maintenance yard easement for consideration at the April 26 meeting.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Code Procedures:  City Administrator Kuntz said Assistant City Administrator Aiken’s memo was prepared for the May 1 retreat regarding the code violation procedures for a variety of conditions.  He asked that the Board review the information.  Alderman Gatton said this is a useful document and suggested that the information be incorporated into the new resident pamphlet and on the website.  Mayor Jones said he is concerned that the procedure in the memo is not an ordinance and could cause confusion for the residents.  Assistant City Administrator Aiken said that these are procedures that are followed most of the time.  If these procedures are not followed 100% of the time it could be a problem if this becomes a formal policy or written guideline.  Mayor Jones said articles in the “Horizon” could point out that this is the way these situations are typically handled.  Alderman McDowell said this information could be confusing for a resident because this cannot be followed in every situation.  City Attorney Lucchesi said this is a good information piece but has nothing to do with the ordinances.  Mayor Jones said that whatever information is published, it should be pointed out that the ordinance will be in control. 

 New Ballwin Road:  City Administrator Kuntz said he has received a letter from St. Louis County asking for a Memorandum of Understanding on this project.  He asked the Board if they want further clarification before they consider the issue, or do they want to endorse it or reject it.  The letter infers that they expect the City of Ballwin to have a total unanimity of those affected.  That presents another obstacle for consideration.  Mayor Jones said that item 6 on page 2 of the Memorandum of Understanding, it says that “at the time of writing of this Memorandum of Understanding, not all affected parties were in favor of the proposed plan.  It will be the responsibility of the City to address the concerns and attempt to resolve this issue before the transfer is effective.”  He said that the Board has heard from Holy Infant Parish, Metro West Fire Protection District, concerned citizens, Lafayette Church of Christ and the City of Ellisville.  If it is the County ‘s position that everyone must be in agreement and Ballwin must get an endorsement from them, that may not be possible.  A clarification from St. Louis County should be obtained before talking with each of these groups.  Mayor Jones said that if this means that the County is not going to apply for funding if there isn’t an endorsement from every affected party, then there’s not much that can be done. 

City Administrator Kuntz said his recollection was that there would be a transfer of jurisdiction and Ballwin would move forward with this design and improvement plan so that when the roadway is turned over to the County for maintenance, there would be no surprises and no lack of control over what the character of the road would be once it came under County jurisdiction.  Doing this in this sequence seems to take that input away from the City of Ballwin.  Alderman Suozzi agreed and said this is putting the cart before the horse.

Alderman Gatton pointed out that effective with the next meeting, there will be five board members out of eight that have had no opportunity to review the citizen comments, or opportunity to discuss this with the consultants.  The Board would be proceeding with a project that a long-ago Board approved with no opportunity to review and participate in the solution.  Alderman Gatton suggested that this issue be tabled until the entire Board has had the chance to review the history of the project and determine how to proceed rather than continue under this basis.

 Alderman McDowell said he does not have a problem in tabling this issue.  He said that this Board has always had a procedure called “Aldermanic Courtesy”.  Each aldermanic representative is given the opportunity to participate in meetings.  He said he has not had the invitation to attend all of the meetings so he is missing pieces of vital information regarding this project.  It has been the courtesy to notify City Administrator Kuntz on an issue that is facing the City of this nature.  Mr. Kuntz then will send out a letter to all of the aldermen requesting a representative from each Ward to participate.  It is important to maintain the aldermanic unity.  The goal is for everyone to be as well informed as possible and to have the opportunity to participate in every facet of the discussion that takes place when a project of this nature comes up. 

Alderman Robinson suggested that the issue be tabled until the two new aldermen come on board.  A decision can then be made if this should be sent back to the committee for additional study or move forward. 

The Board agreed to table this issue at this time for future consideration after more information is obtained.

Lock Drive:  City Administrator Kuntz recommended that a referral back to the Zoning Commission would be the appropriate next step in the process if the Board concurs with their initial informal finding.  Mayor Jones said that there was discussion at the Planning & Zoning Commission of considering an ordinance to rezone all five lots including the two immediately adjacent to the commercial uses on Manchester Road.  The Planning & Zoning Commission suggested that only the 3 that are remote from commercial uses have asked for the down zoning.  It’s up to the Board to give them direction as to what the Planning & Zoning Commission should do.  Many of the commission members that were present that evening are disinclined to try to force residential zoning upon those that don’t want it, particularly one who is trying to sell the property as a commercial site.  It’s hard to remember what happened in 1966.  No one has any significant recollection of why these properties were rezoned commercial in 1966.  Direction should be provided to the Planning & Zoning Commission as to what type of proposition they should consider. 

Alderman Gatton said he is not sure if the people who wanted to retain the commercial zoning on their property were aware that should they change their mind at a later date, it would be their responsibility to pay the fees as opposed to getting it free.  Mayor Jones said this was discussed and one of the property owners was present.  Alderman Gatton said it could cost them a substantial amount of money to rezone at a later date.  They might find that it is more difficult to sell as a commercial property than as residential.  Mayor Jones said that the property owner that was present heard that. 

Mayor Jones asked the Board if legislation should be considered that would rezone Lots 107, 109 and 111 but not 105 and 106.  Alderman McDowell asked why not 105 and 106.  Mayor Jones said they are immediately adjacent to the commercial uses on Manchester Road.  One is for sale as a commercial piece of property.  The owner of the other parcel expressed opposition to such a rezoning.  The other three owners asked for the rezoning.  Alderman Lembke said that 105 is a rental house and is for sale as a commercial site.  Across the street is 106 and the owner wishes it to remain commercial because she feels that it will be of greater value as commercial as opposed to residential.  The owners of 107, 109 and 111 very much want their properties rezoned to R-1.  He said if someone wants to stay commercial, how can Ballwin force them in a direction they don’t want to go. 

City Administrator Kuntz said this is simply a referral.  This will be posted, there will be a Public Hearing, opportunity for comment, and then the decision of the Planning & Zoning Commission will come to the Board and people can voice their opinions under Citizen Comments before the final vote is taken. 

Alderman Gatton asked if changing from commercial to R-1 will change the property tax ratings that the School District and the County charge.  City Attorney Lucchesi said there is a differential.  Normally commercial is higher than residential.  Alderman Easter said that this was discussed at the Planning & Zoning meeting and it was noted that it is higher for commercial.  St. Louis County may not be aware that these properties are commercial zoned at this time. 

A motion was made by Alderman Lembke and seconded by Alderman Robinson to refer this issue back to the Planning & Zoning Commission to consider rezoning 107, 109 and 111 Lock Drive to R-1 classification.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

CITY ATTORNEY’S REPORT
None.

Alderman Suozzi said the TIF Commission met last Wednesday, April 7.  The general direction that the TIF Commission wanted to give to this Board was that for these properties that asked to be out of the TIF District in Subarea 2B, the Board needs to decide whether to pursue development of that property or let them go.  The TIF Commission said that efforts haven’t been made to develop it, that it was in the district for a reason, and needed direction from the Board if we still feel strongly that they should remain in the TIF District.  Alderman McDowell asked if the TIF Commission is asking if the Board has any plans for development and if not, they are willing to release those individuals from the TIF.  Alderman Suozzi said they didn’t want to express any opinion on whether they were willing to release them or not at this point.  They were wanting to know if the Board feels that the TIF District plan is still viable and worth pursuing.  She said if the answers are yes to questions 1, 2, and 3, then they can consider this.  There are technical questions on how the property is assessed in the TIF District. 

City Attorney Lucchesi said it is his impression that in the present state of things, the taxing would not change.  It would change if the properties were developed. 

Alderman Gatton said Ballwin employed a consultant to review that property and its marketability.  They prepared the request for proposals that was sent out.  The one proposal received was rejected.  He suggested talking to the consultant again to get a fresh opinion before the decision is made.  City Administrator Kuntz said this meeting has been scheduled for next Thursday. 

Alderman Suozzi said she wanted to bring this issue forward because there is another Board meeting before the TIF Commission meets again.  She is not looking for an answer at this meeting, but to let the Board know how this has been thrown back to the Board for direction.

Alderman Suozzi said she raised the suggestion of expanding the TIF District to include properties to the east. 

Alderman Gatton said at the last meeting, representatives from the Meadowbrook Villas development appeared before the Board and asked for a delay due to a change in the attorney representing the development.  On April 26, there will be two aldermanic changes.  He suggested an additional delay in consideration should be added to the time to allow the new board members to become familiar with the plan which would be May 24.  Mayor Jones said the legislation has been read once.  A second reading will force a vote.  Alderman Suozzi said this will push this out another month.  Mayor Jones said he would like to have the developer present and make the decision on April 26.

Alderman McDowell said there 1½ weeks before it comes before the Board on April 26.  He doesn’t think a month to review the plan is necessary.  He said if the project is going to be delayed and if he was the developer, he would like to have control over the delay.  Alderman Suozzi said the Public Hearing is past, the documents are there, there’s nothing else to be done.  Mayor Jones said he is not going to remove this from the April 26 agenda.  If someone decides to read the legislation a second time to cause a vote is up to the Board.  It will appear on the April 26 agenda. 

Alderman McDowell requested that the new aldermen be given all of the materials that the current Board members have and a history of the Minutes. 

A motion was made by Alderman Easter and seconded by Alderman Anderson to adjourn.  The motion passed unanimously and the meeting was adjourned at 7:43 p.m.
MC