Board of Aldermen Meeting Agendas & Minutes
Every effort is made to ensure that the Agendas and Minutes provided on this and subsequent pages is timely and correct; however, users should keep in mind that this information is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Ballwin should be consulted.
The Board of Aldermen meet on the second and fourth Mondays of each month at 7 p.m. in the Board Room of the Ballwin Government Center, 1 Government Ctr. Schedule and place subject to change. Meetings are open to the public. All citizens are urged to attend.
Budget Workshop and Meeting
Meeting AgendaCity of Ballwin Board of Aldermen Meeting Agenda and Briefs
Agendas and Briefs are available before a meeting takes place.
Minutes of a meeting are reviewed at the following meeting and are available after approval by the Aldermen.
November 14, 2005 - 2006 Budget Work Session Minutes
The meeting was called to order by Mayor Young at 5:30 p.m. at the West Springs Church at 501 Big Bend. The meeting was open to the public and notice was posted in the 24-hour lobby of Ballwin Police Department, the Government Center, and The Pointe on the Friday preceding the meeting. Those in attendance were Mayor Young, Aldermen Pogue, Terbrock, Buermann, Suozzi, Robinson, Fleming, Gatton and Lembke. Also in attendance were City Administrator Kuntz, Assistant City Administrator Aiken, Finance Officer Loehr, Director of Parks and Recreation Bruer, Director of Public Works Kramer, Police Chief Biederman, and City Attorney Lucchesi.
City Administrator Kuntz opened the discussion with items from his memorandum of November 8.
Sculpture: Alderman Lembke said he wants to be supportive to people who have raised these funds. He is also worried about the Board’s lack of commitment to culture. He said the people need to be informed of the Board’s position. Alderman Buermann said that this $25,000 expenditure would be difficult to justify under the current budget limitations. He suggested budgeting for this over a two-year period instead of a one-year period. Alderman Lembke said that staff has included this $25,000 expenditure in the 2006 budget, including $7,000 that has been raised by the public. He said that the Board should not walk away from this project. He would like to find a middle ground.
Alderman Terbrock said he doesn’t know anything about a sculpture. He asked if $25,000 is what we are willing to spend on this. Director of Parks & Recreation Bruer said that John Pills was commissioned to do a drawing of Ballwin for the 50th anniversary. When the drawings were sold, the proceeds went into a fund for the Arts Commission to purchase a sculpture. The amount of money proposed in the budget was not for any particular piece of sculpture. In looking at some of the professional artists around the country that do life-size traditional bronze statues suitable for a park setting, they cost between $15,000 - $18,000. To have it shipped and mounted with lighting would cost the balance.
Alderman Gatton suggested restructuring this so that Ballwin matches whatever money is raised, dollar to dollar up to $12,500. Alderman Suozzi asked, with that comment, should Ballwin match the $7,000 they already gave.
Alderman Suozzi said that we are all concerned about the condition of streets. We also have quality of life issues to balance, and if we put all of the money into the streets and make that our focus, we’ll be doing only that for the next 30 or 40 years.
Alderman Gatton said that this is money that cannot be spent on streets. City Administrator Kuntz suggested adding funds up to $9,000 in addition to the $7,000, and then allow time for more money to be raised. He suggested that the Ballwin Days and Fine Arts Committees be challenged to come up with the difference. A motion was made by Alderman Gatton and seconded by Alderman Lembke to do this. Mayor Young asked if there are any other items in the Parks & Rec budget to take care of before the committee is appointed to raise $9,000.
Alderman Gatton asked if it would be better to hold off on Item #2 for the irrigation system and fund the sculpture.
Alderman Robinson said the sculpture is 4/10,000 of 1% of an over $18 million budget. He said talking about $7,000 is ridiculous. There is $18 million to decide on how it will be spent. Talking about how $7,000 is going to be spent is insane. He said we are talking about little easy things to pick out of the budget. The amount of time that the Board spends talking about this costs the citizens of Ballwin more money on salaries. He said we should pay for the sculpture and then it’s over. When the budget is reviewed, the Board should review from a policy position. It’s important to let the department heads do the micromanaging of their budget. He said the job of the Board as policy makers is to tell them what percentage to put into streets. He said he couldn’t find anything improper in the budget on a policy level.
Alderman Gatton agreed. The Board should be setting policy. Alderman Buermann agreed and said that some of the capital items can be deferred to later in the year so that we don’t have the cash flow problems that we have had in the last two years.
Alderman Robinson asked if this is going to be deferred, what is the total amount of money to be discussed. He said that every year the Board wastes hours on issues like buying a new plow for a truck or a statute.
Alderman Gatton said that the Planning & Zoning Commission was convinced that these specific items were enough to cause this budget not to be acceptable, and they turned it down. He said it will take a super majority of the Board to pass the budget. Staff has spent a lot of time and energy trying to figure out how to appease the six items so that it addresses concerns of the Planning & Zoning Commission so that the Board can feel more comfortable passing the budget.
Alderman Buermann asked if the street sweeper can be on a lease-purchase. City Administrator Kuntz said he thinks it is best to defer this item for a year and see what kind of service is provided from a contractor.
Alderman Lembke asked if Ballwin contracts this service out, will we be able to continue the contract with Winchester. City Administrator Kuntz said he thinks we could. Alderman Lembke asked if we are giving up flexibility by not owning a street sweeper. City Administrator Kuntz said that there is more flexibility in renting. We can come back in 2007 if we want to own the equipment.
Mayor Young said that the street sweeper is high maintenance equipment.
A motion was made by Alderman Buermann and seconded by Alderman Gatton to leave items 1-5 in the budget, Item #6, to obtain a contract for service in 2006 will be reviewed again at budget time in October-November, 2006. Mayor Young re-stated that the motion is on the table to leave everything in the budget, except item #6. A voice vote was taken with 6 Ayes, and Aldermen Fleming and Terbrock voting Nay. The motion passed by a vote of 6-2.
City Administrator Kuntz said that the budget will be resubmitted for consideration at the next Board meeting. Mayor Young requested that the budget be provided in an spread sheet. Alderman Buermann said that over/under budget notification is very helpful.
Alderman Lembke said that by a vote of 6-2, the Board agreed to accept the changes, and it will take at least 6-2 to approve the capital budget. If all 8 aldermen are present and 3 vote no, the capital budget will not be approved. City Administrator Kuntz said that if an alderman is absent from the November 28 meeting, he will ask that the issue be tabled until the December 12 meeting.
City Administrator Kuntz said that to save cost, the “Horizon” newsletter could be delivered electronically and only produce 4 hard copy issues, one for each season. This will reduce the cost of printing and postage. It is also proposed that the Ballwin Athletic Association be an equal partner in the cost of the fireworks. A lot of the budget is for insurance, fuel, and utilities. He said there is a proposal for a 4% merit salary adjustment. In 2005, there was a 2% adjustment, in 2004 was a 4% adjustment, and 0% in 2003. The proposed 4% is very much in line with other cities; this is what most communities are giving. There is proposed a 5% cap on employee health insurance premium increases. There are no additional staff proposed.. It is strictly a maintenance budget based on a projection of 25% additional for fuel and a 40% increase in natural gas. There is a contingency built in to address unanticipated expenses.
Assistant City Administrator Aiken presented the Administration Budget. The “Horizon” has been reduced to 4 with heavy reliance on the internet. Half of the money originally allocated for fireworks has been taken out. The Court operation has been transferred from the Police Department to Administration, and the GIS function has been transferred from the Public Works Department to Administration. The Citizen Survey cost $15,000. In the off year, that expense is applied elsewhere. He said we continue take the “guts” out of the department. Certain things have to stay such as salaries, fuel, etc. He said that everything that is the least bit optional is being cut away each year.
Mayor Young asked if $7,500 could be set aside in the off-year for the following year when the survey will be done. City Administrator Kuntz said that we have never had the luxury to do this. The budget is pushed to the edge every year.
Alderman Robinson said that we spend about 16% of the personnel benefit on the operating budget. He asked what percent of that goes to retirement benefits. Finance Officer Loehr said that this has not been separated as a percentage. She said the LAGERS benefit varies each year, between 6% or 7% of salary. City Administrator Kuntz said that we are mandated by the State to stay in the LAGERS plan. The Police have a defined contribution plan and LAGERS is a defined benefit plan. The Police is about 8% of salaries and ours is about 6% of salaries.
Alderman Robinson said that his research shows that the defined benefit plan appears to cost a municipality more money than a defined contribution plan. He asked if we have the option to get out of the defined benefit business. City Administrator Kuntz said that the administrative fees are borne by the participants. He said Ballwin cannot withdraw from LAGERS. Alderman Robinson said the defined benefit plan is starting to kill government because every year more money is spent. He said that people think that they have this benefit coming, but sometimes they don’t because the plan has died. All of the money that has gone into it is gone. He asked if the Police can be taken in to the LAGERS program. Finance Officer Loehr said this would be very expensive.
Finance Officer Loehr said that we don’t have the option to consider anything else. She said that LAGERS has a good record. Personnel expenses are equal to 75% of the operating budget. The cost to the City for the general employees is a better percentage than the cost of the defined contribution plan.
City Administrator Kuntz said that the City of Chesterfield researched this for 1½ years, and decided to stay with the same program and not change. He said we have the second lowest plan that the State of Missouri offers for the general employees.
Mayor Young asked if anyone has talked to the BAA about the reduction of the fireworks expenditure. City Administrator Kuntz said no because without discussion and approval of the Board, this would be premature. Mayor Young said that this should be done.
Police Chief Biederman gave a review of the Police Department budget. He said there are minor changes for 2006. He said the Emergency Operations room should be outfitted. The detectives need additional equipment and software. He is also looking into getting accreditation for the department. The cost is partially paid by our insurance carrier up to $5,000.
Alderman Buermann asked, regarding the emergency operation plan, can this be coordinated with other cities. Chief Biederman said that this is only for the City of Ballwin.
Mayor Young said that he is concerned about the number of Police laptop computers. He would like to see this stay in the budget. Police Chief Biederman said that the laptop computers are extremely valuable to the officers.
Alderman Robinson asked if there is anything that should be done to increase the safety of the officers. Police Chief Biederman said no. The officers have been asked about equipment and procedures and are satisfied.
Alderman Gatton asked if there is any concern about sub-standard vests. Chief Biederman said no because they do not have the kind of vests that was recently in the news.
PARKS & RECREATION BUDGET
Director of Parks & Recreation Bruer gave an overview of the Parks & Recreation budget. She said the 2006 budget is 3% more than the 2005 budget. There is a 25% increase of all petroleum based products, which includes a number of the chemical products used at the golf course, as well as the heating and motor fuel. The Parks Division includes park maintenance, street trees, building systems, etc. The border collie contractual agreement has been added. Maintenance expenses have been reviewed, and $9,000 was eliminated by combining different categories. She said they want to maximize the use of the recreational facilities during the times when they are not being uses as much. This will increase revenue. Pool painting will be done in-house. Since the Golf Course and North Pointe are weather dependent, conservative estimates are budgeted for expenses and revenue. She anticipates that revenues will be more and expenses will be less.
The Pointe is going into 10 years of operation. She said that more is budgeted for personal trainers. She said that fewer brochures will be printed, using a smaller summer recreation brochure and more marketing via e-mail.
Alderman Lembke asked if the Single Plus One pass has worked out well. Director of Parks & Recreation Bruer said that this has been successful. There are a total of 34 new Single Plus One passes for a total of $14,000.
Alderman Buermann asked about a $1 increase for the pool. Director of Parks & Recreation Bruer said that this would be for daily admission.
City Administrator Kuntz said that there is no recommended increase for the Golf Course. He said the course needs 42,000 rounds per year to break even. Non-resident play is still exceeding resident play. He said the split is about 57% non-residents and 43% residents. We will have to do more marketing. More tournaments will help with revenues, and youth programs will cultivate the sport at an early age.
Alderman Terbrock said that there are too many golf courses and too much competition. Director of Parks & Recreation Bruer said that a 9-hole course is better than 18 because a lot of people don’t have time to play 18 holes.
Alderman Gatton asked if there are any new plans for New Ballwin Park or Ferris Park. Director of Parks & Recreation Bruer said that the playgrounds and shelters will need to be replaced in the future.
Direct of Public Works Kramer gave an overview of the Public Works budget. He said that slab replacements will be done in-house. Three seasonal employees will be needed to supplement the staff. He said that next year’s budget is approximately $1,300 less than 2005.
Alderman Gatton said that Ballwin is one of a few cities that does leaf collection. He said this is a popular service but there are weather-related problems and nature is unpredictable. Last week, Ward 4 was not picked up at all. He said that maybe we should get out of this program. The $60,000 could be put into something else. In the following year, the cost could be over $80,000.
Mayor Young said that University City is the only other city that is doing leaf collection. Everyone else, such as Webster Groves and Kirkwood have gotten out of the program because it is too costly. Town & Country and Chesterfield decided that they won’t even start the program because it is too expensive. He said our arborist could provide information for people to instruct how to deal with the leaves. Perhaps Lowe’s could give a discount on bags. Most people don’t understand that they are double paying for this service. The charge is on their trash collection bill as yard waste. When this is explained to them, most people say that we shouldn’t be doing this.
Alderman Terbrock said that every time we cut a cost, we dump it on the residents. He is concerned about the elderly people who have to deal with this.
Alderman Buermann said that there are at least 70% resident participation in this program. This system keeps yard waste out of the sewers and creeks.
Alderman Robinson asked what is the cost of the leaf program. City Administrator Kuntz said that the cost is about $50,000 annually. If we had to pay for leaf boxes, it would cost about $130,000.
Alderman Gatton said that Ballwin is known as a high service community. Associated with providing lots of services is cost. He said we keep seeing the charts that show our costs going up 2% and the revenues going up 1%. He asked if we want to keep seeing other things cut. At some point, we are going to have to stop doing this. We have to either start cutting services or increase revenue.
Alderman Gatton said that the Ballwin budget is very heavy on personnel cost. At some point, we are going to have to start cutting people. When we start cutting people, we will have to cut services. People are providing the services. He said we are talking about leaf collection, but we are actually talking about the people who provide the leaf collection and other services. He said we should ask the citizens what they want us to do. This is best done by a vote. Yes, the residents will provide more money; No, start cutting services. He said there’s no fat in this budget.
Alderman Lembke said that when employees are cut, this will impact the full-time staff, and there will be fewer people to do snow removal and street repairs in the summer.
Mayor Young said that the workers say that there are things they don’t get done when they are preparing for the leaf collection program. How has the cities benefited who have discontinued the program? He asked staff to investigate this issue.
The 2006 Budget Work Session adjourned at 7:10 p.m.
The 2006 Budget Work Session reconvened at 9:00 p.m.
Mayor Young asked staff to determine what crews will be doing if they are not vacuuming leaves.
Alderman Gatton said that he did not bring up the subject of leaf collection by itself. This was an example of high service vs. low service. He said we should ask the residents if we are going to remain a high service city or not. It’s their decision.
Alderman Lembke said that “essential service” should be defined. He asked if anyone on this Board thinking about completely eliminating snow removal. Alderman Robinson said that he is. He said that this service is non-essential. Mayor Young asked if patching roads should be eliminating because the same equipment and crews are used.
Alderman Robinson said that if the leaf collection is removed, all that is being removed are the variable expenses. Is that savings adequate to spend the time to do this? He asked what do we really save by eliminating that service? He said that $60,000 - $100,000 is a small percentage of the Ballwin budget. The issue is, are we going to provide non-essential services, and part of that is snow removal.
Alderman Suozzi disagreed that snow removal if non-essential. She said it is essential for safety, for people to get to work, etc. Alderman Gatton said that in the City of St. Louis, snow removal is not provided on most residential streets. It’s mostly on the major streets. Alderman Suozzi said that if we were not going to plow snow on residential streets, the equipment would still be necessary because there are other streets that would still have to be plowed.
Alderman Gatton said that Ballwin provides many services for the residents. At some point, are we going to be able to continue to do this? Alderman Robinson said that it’s not worth cutting just one service. Alderman Suozzi disagreed.
Alderman Gatton said that at some point, we are going to have to determine what services are we going to cut. He said that snow removal will have to be on the list. It may not be cut, but it will have to be on the list.
Alderman Lembke said that we may want to reduce service levels instead of completely eliminating the service. He said we need to be careful considering snow removal to be non-essential. Snow removal is essential, however, the level of the service provided could be lowered.
Mayor Young said that in his view, non-essential is something that only 20% of the population uses. That would include the golf course. He said there is almost $900,000 per year for golf course expenditures. The golf course could be closed, but the land kept and used as a park or recreational area. In the event that someday when there is more money, the golf course could be brought back. You don’t want to spend $¾ million for a new irrigation system and every year replace 1/3 of the golf carts if this is only servicing about 20% of the community. There are more residents who use The Point, North Pointe, and the parks. He said this should be added to the list because every year lots of money is spent on the golf course.
Alderman Fleming said that even though the golf course may only serve 20% of the Ballwin residents, 80% is non-residents that might also shop in Ballwin.
Alderman Gatton said the residents should be asked for the money. If they say no, then we make the decisions that they have asked the Board to make and to manage with the money they give us. Kirkwood said no evening snow plowing. He said that maybe this is what will have to be done here. Evening snow plowing costs a lot of money.
Alderman Fleming asked how the contingency dollars might be spent. City Administrator Kuntz explained the process and associated issues that might be involved.
Alderman Fleming asked what dollar figure has to be brought to the Board in order to use the contingency fund. City Administrator Kuntz explained the process.
Alderman Gatton explained public accounting. He said that when the budget is set, the money gets put into a series of funds. Every time a charge comes in, it is put against a fund. The Finance Officer cannot spend more money than what was budgeted in that fund. If we get to a point where we are out of money for electricity in the utility fund, the Finance Officer has to ask the Board for a re-appropriation because this was not in the budget. He said that when the budget is approved, it becomes a law.
Alderman Fleming said that so far in the Capital Budget there is $30,000 more going into streets than was originally proposed. That’s a good start. Alderman Fleming asked what are the Board’s priorities regarding funds from a real estate transaction. He said that streets could be a priority. City Administrator Kuntz said we have a big contingency in Administration Capital because he shortened up the amount of money available for Government Center repairs. It’s possible that something could come back to supplement the streets. He said there is a contingency this year so that the Board may be able to revisit in a positive manner the street program later in the season if bids go well. There will, however, also be an increase in all bids due to the petroleum based products.
Alderman Fleming asked at what point should the issue of real estate be pursued. City Administrator Kuntz said that a recommendation will be coming soon.
City Administrator Kuntz said that the tuition reimbursement for employees was increased, and the personal day earnings based on seniority was also increased. He said that with 75% of the Operations Budget total based on personnel, and the fact that we are a full-service community, we are very dependent on those front line people to deliver the services that meet the satisfactory rating that we are getting in our public opinion survey from the residents.
Alderman Robinson asked about the money that is posted to salaries in parks. Does it have to stay in parks? Finance Officer Loehr said no. We are proposing to use $400,000 of the 2006 parks sales tax to offset Parks operations as a whole. City Administrator Kuntz said that Parks maintenance could be paid from the Parks sales tax. The first two years we did not do this and 100% of the Parks tax was put into park improvements only. The last two years, we have taken some of the Parks sales tax. Last year it was $375,000, and this year it is $400,000. We are legitimately applying it to salaries and maintenance costs in operations for parks.
Alderman Buermann said that the budget gets adjusted throughout the year. We reappropriate money by legislation. The budget needs to be considered overall throughout the year. Last year we lost three businesses in January. Just because an expense is in the budget, doesn’t mean that we have to spend that money.
City Administrator Kuntz said that once a year, usually July or August, there is a re-appropriation bill for consideration.
Alderman Gatton said that staff does a good job of managing with what we have. Alderman Buermann said that 9 out of 10 people don’t understand that Ballwin has a 0% property tax. Alderman Robinson said that they also don’t understand what a significant change will have to be in the budget to make a dent in the street repair needs. He said we are going backwards with the streets.
Alderman Buermann said that 5 or 6 years ago, $28 million was estimated for necessary street repairs. It is much higher now, possibly $50 million. Alderman Robinson said that if all we are going to do is try to get $100,000 out of some program, that won’t be enough. Alderman Buermann said that every year that we don’t act, the expenses increase.
Alderman Buermann asked if the three vacant positions in Public Works are going to be filled. City Administrator Kuntz said no.
City Administrator Kuntz said that he does not think that a 4% merit salary adjustment potential is excessive in today’s economic environment, given the base salary of the majority of the employees. The holiday party and gift certificates have been taken away. The employees have paid a big price in this cost savings. Alderman Buermann said that merit raises should be given on the basis of who do I want in the life boat with me. City Administrator Kuntz said that last year, he was very frustrated with that philosophy.
A motion was made by Alderman Gatton and seconded by Alderman Terbrock to draft legislation to adopt the proposed 2006 Operating Budget. A voice vote was taken with 7 Ayes, and Alderman Fleming voting Nay. The motion passed by a vote of 7-1.
Annual Retreat: City Administrator Kuntz proposed that the Board consider the annual retreat on future finances on a Saturday morning.
A motion was made by Alderman Buermann and seconded by Alderman Gatton to adjourn the Budget Work Session. A voice vote was taken with a 7 Ayes, and Alderman Terbrock voting Nay. The motion passed with a 7-1 vote, and the meeting was adjourned at 9:39 p.m.
Walter S. Young, Mayor
Robert A. Kuntz, City Administrator
MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN
501 Big Bend, West Springs Church
November 14, 2005
The meeting was called to order by Mayor Young at 8:19 p.m.
The Pledge of Allegiance was given.
The Minutes of the October 24, 2005 Capital Budget meeting were submitted for approval. A motion was made by Alderman Buermann 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 24, 2005 Board of Aldermen meeting and Closed Session were submitted for approval. A motion was made by Alderman Lembke 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.
BILL # 3382 - AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ENCROACHMENT AGREEMENT FOR THE COACHLIGHT SUBDIVISION.
A motion was made by Alderman Robinson and seconded by Alderman Pogue for a first reading of Bill No. 3382. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3382 was read for the first time.
A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3382. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3382 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3382 with the following results: Ayes –Fleming, Gatton, Suozzi, Robinson, Terbrock, Buermann, Pogue, Lembke. Nays – None. Whereupon Mayor Young declared Bill No. 3382 approved and it became Ordinance No. 05-48.
BILL # 3383 - AN ORDINANCE AUTHORIZING THE EXECUTION OF A FENCE EASEMENT TO DAVID AND ANNE PORCELLI FOR THE CONSTRUCTION AND MAINTENANCE OF A FENCE FOR PROPERTY COMMONLY KNOWN AS 229 BITTERWOOD DRIVE.
A motion was made by Alderman Lembke and seconded by Alderman Terbrock for a first reading of Bill No. 3383. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3383 was read for the first time.
Alderman Lembke asked that since two specific people are named, do successors need to be added. City Attorney Lucchesi said no. Alderman Lembke also corrected the spelling of “construction”.
A motion was made by Alderman Pogue and seconded by Alderman Suozzi for a second reading of Bill No. 3383, as amended. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3383 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3383 with the following results: Ayes –Fleming, Pogue, Lembke, Buermann, Gatton, Robinson, Suozzi, Terbrock. Nays – None. Whereupon Mayor Young declared Bill No. 3383 approved and it became Ordinance No. 05-49.
BILL # 3384 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR COMPUTER-AIDED REPORT ENTRY SERVICES.
A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3384. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3384 was read for the first time.
A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3384. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. Bill No. 3384 was read for the second time.
A roll call was taken for passage and approval of Bill No. 3384 with the following results: Ayes –Robinson, Gatton, Lembke, Pogue, Suozzi, Terbrock, Buermann, Fleming. Nays – None. Whereupon Mayor Young declared Bill No. 3384 approved and it became Ordinance No. 05-50.
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 Gatton and seconded by Alderman Robinson to accept the Consent Items. A voice vote was taken with a unanimous affirmative result and the motion passed.
Lara Market Liquor License:
A motion was made by Alderman Lembke and seconded by Alderman Buermann to approve the transfer of the new liquor license to the new location. The restaurant owner will have to surrender their current liquor license at the existing location. A voice vote was taken with a unanimous affirmative result and the motion passed.
Planning & Zoning Commission: Mayor Young said that Ed Montgomery has resigned from the Planning & Zoning Commission due to scheduling conflicts. He asked the Board for recommendations for a replacement.
Municipal League: Mayor Young announced that the Municipal League meeting is at The Pointe on Thursday, November 17 at 7:30 p.m.
Government Affairs Meeting: Mayor Young said that this meeting will be at 8:00 a.m. on Friday November 18, at the Ellisville City Hall.
Alderman Suozzi said that Eminent Domain is one of the legislative items on the agenda. The Eminent Domain used in Missouri is much different than the one that recently went before the Supreme Court in Baltimore. She said that we have always had the use of Eminent Domain, but the requirements before that use are much more restrictive than in other states.
Alderman Gatton said that this Board has not taken any official position on this matter.
Boy Scout Troop 640: Mayor Young said that this Troop was present earlier in the meeting to observe the procedures. Mayor Young apologized that he was not able to introduce Boy Scout Troop 640 earlier in this meeting.
CITY ADMINISTRATOR’S REPORT
Retail Sales: City Administrator Kuntz said there is an issue occasionally regarding retail sales in residential neighborhoods. He said that legislation could be drafted to restrict this activity to a 30-day period. He said that this would include selling firewood, swing sets, pumpkins, automobiles, vegetables, boats, etc. on a regular basis.
Alderman Terbrock asked if this is really a problem? Alderman Robinson said that this legislation needs to be available in the code if it is needed. Alderman Gatton said that he knows of a resident who would sell different cars from his front yard about 12 times per year. He said a child selling lemonade in their front yard is not the same as someone selling cars in their front yard.
A motion was made by Alderman Robinson and seconded by Alderman Lembke to draft legislation to restrict retail sales in neighborhoods. A voice vote was taken with 6 Ayes, and Aldermen Fleming and Terbrock voting Nay. The motion passed with a vote of 6-2.
Future Meetings: City Administrator Kuntz said this item can be postponed for later discussion.
Steering Committee: City Administrator Kuntz said that Chairman Frank Karr has asked for an additional member as an alternate on the Steering Committee. Mayor Young suggested considering the list of people that initially applied for membership on this committee.
A motion was made by Alderman Terbrock and seconded by Alderman Pogue to appoint Cecilia Kadane as an active full member of the Steering Committee. A voice vote was taken with a unanimous affirmative result and the motion passed.
Mayor Young asked City Administrator Kuntz and staff to review the applications of those who had applied to be given first chance at becoming an alternate member of the Committee.
Capital Budget: A motion was made by Alderman Lembke and seconded by Alderman Robinson to draft legislation for consideration for approval of the capital budget. A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ATTORNEY’S REPORT
Municipal Judge: Alderman Robinson raised the issue of the hiring process for Municipal Judge. He said that nothing has been done yet. Mayor Young said he would like to wait until January. Alderman Lembke said that he and Alderman Robinson submit suggestions to the Board for consideration at the November 28 Board meeting. Alderman Robinson agreed. Mayor Young suggested that a committee be set up to make recommendations to the Board as a part of this process.
Alderman Robinson asked if the judge should be a Ballwin resident or could it be a non-resident, a licensed attorney or non-licensed attorney.
Alderman Gatton mentioned that the Acropolis Restaurant has opened at the former Frick’s location, and the Seventh Inn has celebrated its 30th anniversary.
At 9:00 p.m., the Budget Work Session resumed. (See Budget Work Session Minutes, November 14, 2005.)
A motion was made by Alderman Buermann and seconded by Alderman Gatton to adjourn. A voice vote was taken with 7 Ayes, and Alderman Terbrock voting Nay. The motion passed with a vote of 7-1 and the meeting was adjourned at 9:39 p.m.
Walter S. Young, Mayor
Robert A. Kuntz, City Administrator