The meeting was called to order by Mayor Young at 5:30 p.m. in the Board room at the Donald “Red” Loehr Police and Court Center at 300 Park Drive.  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, Fleming, Lembke and Kerlagon.  Also in attendance were City Administrator Kuntz, Assistant City Administrator Aiken, Finance Officer Loehr, Director of Parks and Recreation Bruer, Public Works Director Kramer, Deputy Director Berger, and Police Chief Biederman.

City Administrator Kuntz provided an overview of the 2007 Capital Budget.  He said that revenues are flat.  He is hoping to cut the debt service.  The park tax is being applied to park expenses.

Finance Office Loehr said that revenue is down in 2006 which is mostly the result of a fund balance accounting change.  Distributions from the sales tax pool are going down slowly and Parks tax is also down slightly, in addition to motor fuel.  Several expenditures in 2006 were not made; therefore, 2007 will draw more from reserves than in 2006.

Assistant City Administrator Aiken provided an overview of the Administration Budget.  Mayor Young, Aldermen Buermann and Terbrock expressed support for the new software for the web page. 

Alderman Kerlagon asked if it is time to look at the long-term need for the Government Center.  City Administrator Kuntz said it will cost $1-2 million to do all the required work.  He said he wants the Board to know that more work will have to be done than is provided for in this budget.  If sold, the property will not generate enough funds to build a new facility.  He said that the Manchester Road market for real estate just isn’t that good anymore.  It will be the Board’s decision on which way to go with this issue. 

Alderman Kerlagon asked about plans for the Government Center.  Assistant City Administrator Aiken said that the Manchester Road corridor will allow more extensive development than is presently allowed.  Under the plan, the current building could still be the Government Center.  Mayor Young suggested a committee of the Board to review the future of the Government Center.  He wants to replace more than 10% of the PCs annually and to do the zoning change in 2007.

Alderman Fleming agreed with the review of the Government Center.  He said having the Government Center on Manchester Road is good for the City’s image.  He said the city should stop accepting new street light requests.

Director of Parks and Recreation Bruer presented an overview of the Parks & Recreation budget.  She said there is a $1 million per year debt retirement. 

Ms. Bruer said that the Vlasis Park Phase 4 is grant based with parking, signage and the park roadway.  In New Ballwin Park, the fishing dock will be replaced, a shaded pavilion will be built to replace the dock, the old house will be demolished and a path built with picnic tables for this site.  The School House project will be finished in 2007.  Mostly interior work is yet to be finished.  There are fire code issues, architectural work, and materials to be addressed.  The Golf Course needs work on the parking lot, two bridges, and golf carts replaced.  At the North Pointe Aquatic Center, there are maintenance issues such as painting and sand blasting.  The parking lot needs to be sealed, signage installed, and a pavilion built near the tennis courts.  The Pointe needs maintenance on the water playground, lockers, counters, and the front desk.  There is a contingency for the mechanical systems.

Alderman Buermann asked if Allied Waste would donate trash cans and park benches or picnic tables.

Alderman Terbrock asked if there is an issue with the materials for the pool playground equipment.  Director of Parks & Recreation Bruer said this is a re-budgeting of a previous planned replacement.  Alderman Terbrock recommended the use of stone rather than solid surface material for the replacement counter tops because it is more durable and not all that much more expensive.

Alderman Fleming said it is good to have received a grant.  He asked about the long-term costs for the school house.  He said it is best to get donations for this.  He said that the ultra-violet waste purification system should be installed and not deleted from the budget.

Mayor Young said that the school house is not a good source for spending.  He said that money should be spent where it is most needed.

Alderman Lembke agreed with the need for the ultra-violet purification system.  He asked if deferring the design of the trail system would be an issue with the City of Manchester.  Director of Parks & Recreation Bruer said no, this will not be an issue for 2007. 

City Administrator Kuntz said the ultra-violet system was deferred until 2008 to make sure that this new technology is proven at the first location of its installation.

Alderman Pogue agreed that the school house is a money pit with limited return to the City.  Alderman Terbrock said he doesn’t think vinyl siding was a good choice because it may cause more decay.

Chief of Police Biederman provided an overview of the Police Department budget.  He said that 5 police cars will need to be replaced, mostly Impalas, and the SUV.  He said the CAD system is worn out.  A new system could be leased from REJIS.

Mayor Young asked if the officers complain about the small size of the Impalas.  Police Chief Biederman said that it’s a matter of personal choice, but the cars have been redesigned and are bigger now.

Alderman Lembke said that the CPR changes are supported by all of the heart groups, not just the Red Cross.  Alderman Buermann asked how much drug money is usually seized.  Police Chief Biederman said it varies from $5,000 - $20,000 per year.  This is hard to predict.

Alderman Pogue said that he would like to see new computers in the police cars.  Police Chief Biederman said that computer usage is going up dramatically.

Adjourn:  A motion was made by Alderman Suozzi and seconded by Alderman Fleming to adjourn so that the regular Board of Aldermen meeting could begin at 7:00 p.m.  The Capital Budget meeting adjourned at 6:59 p.m.  Mayor Young announced that he would reconvene the meeting after the regular Board meeting.

Alderman Buermann questioned the milling, remembering previous milling causing damage to trees.  Director of Public Works Kramer said that the damage was minimal and not permanent.

Alderman Pogue asked how the Public Works employees felt about doing slab replacements in-house.  Mr. Kramer replied that the work was very labor intensive, but went well.  He said that he needed seasonal workers to help.  Mr. Kramer said that it saved the city 30-50%.  The downside was that it kept the staff from taking care of sidewalk hazards.  He said that he has had crews checking and making emergency repairs this Fall.

Alderman Robinson questioned doing reconstruction of Mansion Hill due to the upcoming construction of the Target shopping center in Town & Country.  He said that very few would be using this road to travel.  City Administrator Kuntz said that Director of Public Works Kramer had included three alternative lists of street improvements.  Aldermen Fleming and Robinson both suggested to improve Gardenway, Milldale and Windmill in lieu of Mansion Hill.

Director of Public Works Kramer said that the Holloway Road culvert project plan was not to complete the project if the grant would not equal to 50%.  City Administrator Kuntz said that Holloway Road would have to be shut down if the culvert should collapse.  Alderman Fleming asked if Parks funds could be used for this project since Holloway Road led to the golf course and North Pointe.  City Attorney Lucchesi said that Parks tax was specifically written for Parks and Recreation purposes and not to include storm water.  It was decided to leave it in the budget for now.

Alderman Pogue stated that he was not pleased with the street assessment program.  Director of Public Works Kramer said that he had checked with a local firm for pricing and that they would charge at least $100,000.  Alderman Kerlagon also expressed disappointment with the program.  Alderman Fleming said that since we retain the software free, he would like to examine it to see if Public Works personnel could be trained to use it themselves.  Alderman Pogue stated that he would like to see the assessment done every three years instead of two.  Finance Officer Loehr said that GASB 34 only required an assessment be done every three years to follow the modified approach.  It was agreed that we would hold off having the assessment done for 2007.

Alderman Buermann questioned the budget item for chip and seal on Meadowbrook.  He said that streets like Steamboat Lane were showing a lot of deterioration of that process.  Director of Public Works Kramer said that chip and seal is the only alternative other than reconstruction for Meadowbrook.

Alderman Suozzi asked why there was no budgeted item for Reinke Road sidewalks.  City Administrator Kuntz said that this was due to street improvements.

Alderman Fleming mentioned the deletion of a street sweeper and asked what we were planning on doing to clean streets.  Director of Public Works Kramer said that $20,000 was being budgeted in the Operating Budget for this service.  He asked what is the minimum number of times for sweeping.  Mr. Kramer said that it is quarterly, which is what was budgeted.

Alderman Robinson said that we are now spending approximately $1 million a year on street improvements and that he would like to spend $2 million.  He said that theoretically, we are spending close to that because we are spending about $800,000 towards bond debt for streets improved with the 1992 bond issue.  Alderman Buermann felt that telling citizens that we are spending $2 million on streets and to still have them in the condition they are would be worse.

Alderman Lembke said that he saw nothing in the proposed budget for retaining walls.  Alderman Pogue said that the City Attorney had said that repairing retaining walls was not the City’s responsibility and the budget reflected that.

Alderman Lembke asked about the $20,000 for a staff car purchase that was proposed in the budget.  He suggested looking at the option of renting versus purchase.  It was also suggested to look at a smaller car instead of a Crown Victoria or Impala.  Director of Public Works Kramer said that other avenues would be checked out.  Mayor Young asked why we don’t pass down police cars.  Alderman Lembke explained that by selling police cars when they reach about 70,000 to 80,000 miles, we get better value from them when sold and don’t have the expense of maintaining a very used car.

Mayor Young said that street proposals should follow the most streets for the bucks alternative in lieu of reconstruction of streets.  He said that he felt the utility tax should be raised to 7% and that money put towards streets.

Alderman Terbrock said that Sunnyside was listed on the Bond Indebtedness statement and stated that he couldn’t believe that street had been repaired after 1992 and still be in the condition it is today.  Mr. Kramer said that homeowners did not want the street repaired because of fear of increased traffic.

Alderman Robinson discussed Meadowbrook and expressed sympathy for newer homeowners because he felt the previous homeowners had previously “sold out” and left the streets for the future homeowners to deal with.

Alderman Pogue questioned using recycled asphalt and using a smaller machine called a Zipper.  Director of Public Works Kramer said that the normal machine to use for this process is too large for residential streets.  Deputy Public Works Director Berger said that this product is not as reliable as regular asphalt.  City Administrator Kuntz said that the Zipper was too small to do the job and was mainly used for jobs like filling potholes. He said that being a residential area, we are primarily at the mercy of contractors as for cost and availability.

Director of Public Works Kramer said that he was currently looking into a method of removing and replacing the asphalt overlay from concrete streets without damaging the underlying concrete.  Alderman Fleming said he wouldn’t mind putting money towards reconstruction of a street that carried a lot of traffic, but wants more bang for the buck.

A motion was made by Alderman Buermann and seconded by Alderman Fleming to adjourn the Budget Work Session.  A voice vote was taken with a unanimous affirmative result and the meeting was adjourned at 10:00 p.m.

Walter S. Young, Mayor

ATTEST:

Robert A. Kuntz, City Administrator

The meeting was called to order by Mayor Young at 7:01 p.m. 

The Pledge of Allegiance was given. 

The Minutes of the October 9, 2006 Board of Aldermen meeting and closed session were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Suozzi to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

(REMOVED FROM OCTOBER 23 AGENDA:  Bill # 3445, #3452, and 3453.  See Minutes under each heading below.) 

OLD BUSINESS 

BILL # 3445 - AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN BY ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE ISSUANCE OF ADMINISTRATIVE SEARCH WARRANTS. 

A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to table this legislation for further research.  A voice vote was taken with the result of 7 Ayes and Alderman Robinson voting Nay.  The motion passed by a vote of 7-1. 

CITIZEN COMMENTS 

Scott Ritter, 238 Jacob Lane:  Mr. Ritter asked what will happen with the subdivision sign now that the Villas at Dogwood Glen Subdivision has been withdrawn.  He is opposed to the development.  City Administrator Kuntz said the sign will come down.  Mr. Ritter said that the developer told the adjacent property owners that since he has agricultural zoning, if the adjacent property owners don’t encourage the city to pass the required legislation, he will turn the property into a pig farm and the house will be converted to a barn.  He said the developer wants spot zoning for condos that are surrounding houses on every side.  A 16-foot to 20-foot retaining wall will be built with buildings on top, which will put the condos higher than his roof.  He said the City will be subject to uncertainty if the development will be completed and the risk of selling 1,500 square foot condos for $450,000 each without a garage.   

Mr. Ritter said that he is also opposed to the Administrative Search Warrant legislation.   

Ed Zumwinkel, 398 Kingridge Dr.:  Mr. Zumwinkel said the Proposition R on the November 7 ballot is a proposal by the Parkway School District to raise the property tax by 37 cents.  He said he supports the proposal and asked for Ballwin’s support.  Alderman Robinson said that it would be improper for the Board of Aldermen to issue a statement regarding this issue.   

Steve Cook, 1312 Oak Borough Drive:  Mr. Cook spoke in opposition to Bill # 3445, Administrative Search Warrants.  He said that if this procedure is necessary, the citizens should vote on this.  The language in this bill goes far beyond the stated intent.  He asked why Bill 3445 is needed.  He said in Section 7-23, Right to Enter Buildings in Emergency Situations, emergency and safety issues are addressed.   

Dean Whitworth, 209 Oakwood Farms Ct.:  Mr. Whitworth said he opposes Bill # 3445.   

Debbie Lanaman, 242 Jacob Lane:  Ms. Lanaman said the piled logs at 212 Jacob are dangerous and she is concerned about the children in the area.  City Attorney Lucchesi said that the city will check on this.  She asked if there will be any ramifications to the developer who has damaged the property.  She said all of the trees have been cleared from the area.  This will affect the drainage.  Mayor Young said that the developer has made a serious problem for himself at this time.  A letter has been sent and an inspector will be there to inspect the house.  City Administrator Kuntz said that this will be taken care of as expeditiously as possible.   

None.

NEW BUSINESS 

LEGISLATION 

BILL # 3451 - 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. 3451.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3451 was read for the first time. 

A motion was made by Alderman Buermann and seconded by Alderman Pogue for a second reading of Bill No. 3451.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3451 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3451 with the following results: 

Ayes – Pogue, Buermann, Fleming, Robinson, Kerlagon, Suozzi, Lembke, Terbrock.    Nays – None.  Whereupon Mayor Young declared Bill No. 3451 approved and it became Ordinance No. 06-61.  

BILL # 3452 - 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 R-3 SINGLE-FAMILY DWELLING DISTRICT TO PSD PLANNED SINGLE-FAMILY DEVELOPMENT DISTRICT.

BILL #s 3452 and 3453:  Mayor Young announced that the petitioner has withdrawn Bill #s 3452 and 3453 from this agenda regarding 212 Jacob Lane, Villas At Dogwood Glen.  The petitioner has decided not to continue with the subdivision, therefore, no vote of the Board will be taken on Bill 3452 and 3453. 

Mayor Young said that the petitioner has been given a cease and desist order and is not allowed to work on the property until certain requirements have been met and proper permits are issued.  If anyone is working on this site, the Police or Government Center should be notified.  City Administrator Kuntz said the site has been posted and the property owner has been contacted.  He said that until the legal requirements have been satisfied, we are limited on the restrictions that can be imposed.  There are sufficient safeguards in place to protect the neighborhood from illegal activity.  Alderman Suozzi said there is also information on the Ballwin website.  Alderman Buermann said that individuals can be contacted if they request an update.   

Alderman Lembke asked about the procedure if this development is going to proceed.  City Administrator Kuntz said that the petitioner will have to start over again with the Planning & Zoning process.   

BILL # 3453 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR THE VILLAS AT DOGWOOD GLEN AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI. 

BILL #s 3452 and 3453:  Mayor Young announced that the petitioner has withdrawn Bill #s 3452 and 3453 from this agenda regarding 212 Jacob Lane, Villas At Dogwood Glen.  The petitioner has decided not to continue with the subdivision, therefore, no vote of the Board will be taken on Bill 3452 and 3453. 

BILL # 3454 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO XENON INTERNATIONAL SCHOOL OF HAIR DESIGN. 

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3454.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3454 was read for the first time. 

A motion was made by Alderman Robinson and seconded by Alderman Pogue for a second reading of Bill No. 3454.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3454 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3454 with the following results: 

Ayes – Pogue, Kerlagon, Suozzi, Robinson, Buermann, Terbrock, Fleming, Lembke.   Nays – None.  Whereupon Mayor Young declared Bill No. 3454 approved and it became Ordinance No. 06-62. 

BILL # 3455 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO LENETTE REALTY & INVESTMENT CO. FOR FRONT YARD PARKING. 

A motion was made by Alderman Buermann and seconded by Alderman Robinson for a first reading of Bill No. 3455.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3455 was read for the first time. 

Alderman Lembke asked why there are 3 bills for S.U.E.s for the same property by three different organizations.  Mayor Young said the first is for front-yard parking with the realty company that owns the property, a detail auto shop and a transmission shop will rent parts of the building.  All have to have special use exceptions to qualify. 

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3455.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3455 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3455 with the following results: 

Ayes – Suozzi, Lembke, Fleming, Buermann, Pogue, Kerlagon, Terbrock, Robinson.   Nays – None.  Whereupon Mayor Young declared Bill No. 3455 approved and it became Ordinance No. 06-63. 

BILL # 3456 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO CANAVAN AUTO DETAILING FOR A MOTOR VEHICLE REPAIR SHOP. 

A motion was made by Alderman Lembke and seconded by Alderman Robinson for a first reading of Bill No. 3456.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3456 was read for the first time. 

A motion was made by Alderman Terbrock and seconded by Alderman Pogue for a second reading of Bill No. 3456.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3456 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3456 with the following results: 

Ayes – Lembke, Fleming, Pogue, Robinson, Terbrock, Suozzi, Kerlagon, Buermann.   Nays – None.  Whereupon Mayor Young declared Bill No. 3456 approved and it became Ordinance No. 06-64. 

BILL # 3457 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO D2K, LLC, dba AAMCO TRANSMISSIONS FOR A MOTOR VEHICLE REPAIR SHOP. 

A motion was made by Alderman Robinson and seconded by Alderman Terbrock for a first reading of Bill No. 3457.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3457 was read for the first time. 

A motion was made by Alderman Pogue and seconded by Alderman Buermann for a second reading of Bill No. 3457.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3457 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3457 with the following results: 

Ayes – Pogue, Robinson, Suozzi, Fleming, Kerlagon, Terbrock, Lembke, Buermann.  Nays – None.  Whereupon Mayor Young declared Bill No. 3457 approved and it became Ordinance No. 06-65. 

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 Buermann and seconded by Alderman Suozzi to accept the Consent Item.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT 

Appointments:  Comprehensive Plan Steering Committee:  Mayor Young said that there is an opening on the Comprehensive Plan Steering Committee.  He nominated senior alternate member Louis VanDelecht.   

A motion was made by Alderman Lembke and seconded by Alderman Suozzi to appoint Louis VanDelecht to the regular member of the Comprehensive Plan Steering Committee.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Board of Adjustment:  Mayor Young nominated Jean Shaw from Ward 3, to serve another 5-year term, noting that she has 10 years experience as a member.  Other members do not have as much experience on this board, and he believes her experience is valuable to promote continuity.   

A motion was made by Alderman Robinson and seconded by Alderman Fleming to reject this nomination. 

Alderman Buermann asked if there is a particular reason for the rejection.  Alderman Fleming said he is not required to explain his position on this.  Mayor Young said that the experience of Ms. Shaw on this board is important.   

Alderman Terbrock said that he doesn’t understand why Ms. Shaw’s nomination should be turned down.  Alderman Fleming said that he looks at the Board of Adjustment as a stepping stone to the Planning & Zoning Commission.  He doesn’t see Ms. Shaw ever doing this, however, she has done a good job on the Board of Adjustment.  Alderman Robinson said that he and Alderman Fleming agree on the individuals that they have proposed for this position and asked that the Mayor give fair consideration of their nominations.   

Alderman Terbrock asked if there are any seminars to educate new Board of Adjustment members.  Assistant City Administrator Aiken said that on Monday, October 30, there is a 2-hour introductory seminar by the Municipal League, and several of the members are going to attend.  A full board education process is planned in the future.   

A voice vote was taken to reject the nomination to re-appoint Jean Shaw.  The vote was 7 Ayes, and Alderman Kerlagon voting Nay.  The motion passed by a vote of 7-1. 

Mayor Young nominated Kevin Coppin from Ward 2 to serve as a regular member of the Board of Adjustment.   

A motion was made by Alderman Suozzi and seconded by Alderman Robinson to accept the nomination of Kevin Coppin to the Board of Adjustment.   

Alderman Pogue suggested that alternate Olivia Pieknik be moved to the vacant regular member position.   

Alderman Robinson asked about the proper procedure for nomination and discussion by the Mayor.  City Attorney Lucchesi said that the Mayor can state why he made the nomination.  If there is discussion after that, the gavel should be surrendered and arguments stated.   

Appointment: A voice vote was taken to appoint Kevin Coppin as a regular member of the Board of Adjustment.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Appointment:  Mayor Young nominated Alice Lauer from Ward 3 to serve as an alternate member of the Board of Adjustment. 

A motion was made by Alderman Robinson and seconded by Alderman Fleming to appoint Alice Lauer as an alternate on the Board of Adjustment.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Appointment:  Mayor Young nominated David Porta from Ward 4 as an alternate on the Board of Adjustment.

A motion was made by Alderman Lembke and seconded by Alderman Kerlagon to appoint David Porta as an alternate on the Board of Adjustment.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Public Art:  City Administrator Kuntz introduced Peggy Duenke, Co-Chairman of the Ballwin 50^th Anniversary Committee, and June and Bud Brown, Fine Arts Commission members, who were instrumental in fund raising for the public art and sculpture for the park.  He also introduced Pat McDermott, Co-Chairman of the Ballwin Days Committee, who supports the concept and financial support for the sculpture.  He said that a lot of the money has been in escrow for 5 years or longer for this project. 

Alderman Buermann said that $5,000 would come from the Fine Arts Commission escrow fund and the remaining $8,000 would be from the city budget.  He said that $25,000 was budgeted.  He said this would be a good purchase. 

A motion was made by Alderman Buermann and seconded by Alderman Robinson that $5,000 come from the Fine Arts Commission escrow fund and the remaining $8,000 come from the city budget.   

Alderman Fleming said he feels that this is more than the city should spend, however, a decision needs to be made.  He suggested other locations for this sculpture, since Vlasis Park is nice with its current landscaping, such as New Ballwin Park.   

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

June Brown said that she and Bud have worked on all three of the mentioned committees, and she expressed appreciation for support of their efforts and approving the public art sculpture. 

Policy Manual:  City Administrator Kuntz said that it was suggested at the last meeting that Alderman Fleming coordinate the review of the updated draft of the Policy Manual.  Alderman Fleming suggested that the review be conducted by the whole Board in segments at the end of the Board meetings after the budget process is complete, as City Administrator Kuntz had previously suggested.  

Leaf Collection:  City Administrator Kuntz said that the program started on this date, October 23.  He suggested that overtime and the hiring of temporary employees not be applied to the leaf collection program this year.  This would eliminate evening and Saturday pickup.  He said that 3-men crews will be used instead of 4-men crews.  He said this will save approximately $25,000.  Aldermen Lembke and Pogue said they are in favor of this suggestion.  City Administrator Kuntz said that the leaf pickup will take longer if done this way.  He said that he will include this formula in the 2007 budget as well.  The Board agreed. 

City Attorney Selection Process:  City Administrator Kuntz said City Attorney Lucchesi has announced his upcoming retirement.  He asked that the City Administrator be involved with the selection process and suggested that serious quality time be spent on this right after the first of the year to formulate a process.  Alderman Terbrock agreed that City Administrator Kuntz should be involved in the selection process because he works more closely with the City Attorney than the Board.  Mayor Young suggested that an ad draft be written and submitted for review.  

Alderman Lembke suggested that City Administrator Kuntz start the process by directing staff to draft the advertisement and provide information to the Board so that as soon as the budget process is complete, the selection process can move forward.  

Work Zone Safety:  A motion was made by Alderman Suozzi and seconded by Alderman Buermann for the City Attorney to draft legislation for work zone safety consistent with state statute.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

CITY ATTORNEY’S REPORT 

Sign Code Issue:  City Attorney Lucchesi said that the current sign code was written to eliminate variance appeals and has served the city very well.  Altering the code without looking at all of the ramifications will make it difficult to keep out many changes.  Everyone should be treated fairly.  He said the current code was written to gradually get rid of pole signs and make them ground signs.  If a pole sign can be used at the same location, and there is no change in the use, we don’t make people change it to a ground sign.  If a sign is relocated, it must be changed to a ground sign.  City Attorney Lucchesi said that the Ballwin Baptist Church sign could be used as a ground sign, except it is too large for the code.  He said the square foot requirement could be changed, but this will also apply for anyone else that has a ground sign.  He said an ordinance change could allow a post sign to be made into a ground sign.  If the sign is ever changed, they would have to comply with the size restriction of the ordinance.  He said that making an exception for anyone under the sign code, unless the whole sign code is reviewed, is a bad decision.  He said the ordinance should be specific enough that the Board does not have to become involved to grant an exception.  

Alderman Lembke asked if churches are restricted to smaller signs than businesses.  Assistant City Administrator Aiken said that churches can have a standard ground sign like any business.  In addition, a church is allowed to have a 20 square-foot church bulletin board.  A church is not limited to a smaller sign.  A ground sign can be 6 feet tall including the mounting structure.  Pole signs, where allowed, can be as tall as 25 feet. 

Alderman Fleming said that he believes that a non-conforming sign should be able to be moved without having to be made conforming.  If there is a change in ownership of the property, the new owner should have to comply.  

Alderman Buermann asked Mr. Nance if he is opposed to a ground sign.  Mr. Nance said that in order to place a ground sign at the intersection of Shirley and Manchester, the sign will have to be set back a substantial distance from Manchester to not impede vision of traffic flow.  This will reduce the communication ability of the sign.  Announcements on the sign will be severely impeded.  He said that if they don’t have a choice, they will have to consider a ground sign, however, their preference is to maintain the current sign which is considered by many as a landmark.  

Alderman Terbrock said that the Comprehensive Plan states that the old signs should be changed in time to ground signs.  He believes this should be done.  He said that the City of Ellisville is putting to use the information that Ballwin paid to acquire for the Comprehensive Plan, and Ballwin should do the same. 

Alderman Lembke asked if the sign ordinance was changed to state that if there is a pole sign that can be moved to another location on the property and there is no change in ownership, what could be the result?  City Attorney Lucchesi said that if you want to get rid of pole signs, you can’t do that.  Alderman Fleming said that a business or church should be allowed to keep what they have now as long as there is no change in property ownership.   

Alderman Suozzi suggested that this pole sign be changed to a ground sign, and the size is acceptable if it is within a certain percentage of the sign requirement.  She said this would be a progression from a pole to the ground and then to conforming.  This would be in the interest of complying with the sign code and is an alternative that should be considered.  Alderman Robinson said that this would not be treating previous requests equally.   

Alderman Buermann asked Mr. Nance to investigate making the pole sign a monument sign, if this would work for the church, and notify Assistant City Administrator Aiken of the result.  He said that this requires careful consideration because the businesses, churches, and schools in Ballwin could request reconsideration of their signs also.   

Alderman Kerlagon requested the opportunity to speak.  Aldermen Pogue and Terbrock said that when this issue was presented on September 25, Alderman Kerlagon abstained from all comments and voting on this issue.  City Attorney Lucchesi said that Alderman Kerlagon can ask a question, but he indicated that he will abstain from voting.  Mr. Lucchesi said that being a member of the church is not sufficient enough to create a conflict of interest.  City Attorney Lucchesi said that Alderman Kerlagon suggested there may be a conflict of interest, not that legally there is one. 

Alderman Kerlagon said that he agrees with the Comprehensive Plan regarding signage.  He said that if a business has a sign, the Board’s objective is to get them to meet the criteria.  If they still want to move the sign within the property and not have a license, this is very hard on a business.  He said that as long as the sign is moved within the property, if it’s a business or a church, just because they moved the sign, they are expected to change the sign.  City Attorney Lucchesi said that the pole signs will always be here if the exception is made, and more requests will be made.   

Mr. Nance said that he will do as the Board requested which is to investigate the viability of making the existing sign into a ground sign.  He said he is concerned that the letters on the sign are moveable and could be rearranged on a ground sign, but not on the pole sign.  He said as a church, this is a significant concern.  He said that a new sign could cost approximately $25,000.   

Board Meeting Procedures:  Alderman Pogue said that all Board members should remember that they have to get orderly recognition before speaking. 

Smoke & Fire Barbeque Bash:  Alderman Terbrock said that the Smoke & Fire Barbeque Bash on October 21 and 22 was an outstanding event.  There were 54 vendors and this was the largest barbeque competition in the metropolitan area.  City Administrator Kuntz asked if this event could be moved to showcase it at Ballwin Days.  Alderman Terbrock said that they didn’t seem to be receptive to that and they prefer being a stand-alone event in the Fall.  He suggested a more controlled environment instead of along Manchester Road.  Mayor Young complimented the National Guard for acquiring the speaker system at an excellent price. 

Citizen Comments:  Alderman Robinson asked that the board policy on citizen comments be examined.  He said the Board meeting should not be a political forum to promote any ballot item.  City Attorney Lucchesi said that if someone speaks a minute or two on a ballot issue, that’s all that they are supposed to speak.  Any longer would not be proper.  Alderman Fleming said that this Board often says that some things have to be done at the local level because it’s not being done at the state or federal level.  The point of the speaker regarding Proposition R is that the State is taking money away from Parkway School District and he wanted everyone at the local level to know that.  He said the statements should be short.  Alderman Terbrock asked about reinstating a time limit.  Mayor Young is not in favor of this. 

Alderman Kerlagon asked if the Board is required to give speaking opportunity to the other side of an issue, and should a statement be put on the comment form  regarding this.  City Attorney Lucchesi said that normally, the Board has not allowed people to speak on ballot issues because the city cannot support elections one way or another.  City Administrator Kuntz said that if he had received a prior request for someone to speak on a ballot issue, he would not have given approval.  He said if City Attorney Lucchesi approves of a statement on the speaker’s form, this could be added to the form. 

Boundary Commission Meeting:  Mayor Young said there is a Boundary Commission meeting on November 8 at 7:00 p.m. at the Daniel Boone Library.  

2005 Ordinances:  Mayor Young said that the 2005 Ordinances are on CD for the Board of Aldermen and can be loaded onto their computers for quick reference. 

Adjourn:

A motion was made by Alderman Buermann and seconded by Alderman Terbrock to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:00 p.m.

The Board reconvened in the open meeting of the Capital Budget Work Session at 9:15 p.m.

The Budget Work Session adjourned at 10:00 p.m. 

Walter S. Young, Mayor

ATTEST: 

Robert A. Kuntz, City Administrator

MC