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

The Pledge of Allegiance was given.

The Minutes of the September 25, 2006 Public Input Opportunity session were submitted for approval.  Alderman Buermann amended the minutes as follows:  Page 2, second to last paragraph:  “According to the survey, 70% of the residents participate in the leaf pick up and 95% of the residents feel that they are safe in the City of Ballwin.”  Alderman Suozzi amended the minutes as follows:  Page 1, paragraph 7:  “Alderman Suozzi gave an explanation of the sales tax revenue and how it is calculated on a pool city.”

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

The Minutes of the September 25, 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.

Director of Public Works Gary Kramer introduced the staff of the Public Works Department and gave a brief description of their job functions.  Mayor Young complimented the Public Works staff on the good job that they are doing.

None. 

Lynn Goetz, 504 Kenilworth:  Mr. Goetz said that he has lived in Ballwin for 11 years and is very impressed with the service provided by the Ballwin Public Works Department.  He said that at the last meeting, he spoke in opposition to the proposed ordinance to allow warrants for code violations.  He said that he would like the record to show that he has always been against this issue.  

Lynn Nance, 413 Melanie Meadows, representing Ballwin Baptist Church:  Mr. Nance asked for an update on the question of the Church being allowed to relocate its sign from one site to another.  City Attorney Lucchesi said that the information is being reviewed.  He said the McDonald’s sign was not moved to another location.  Ballwin Baptist would also be able to do this without an ordinance change.  He said that the Applebee’s sign was supposed to be temporary and turned out to not be temporary.  This is being reviewed.  He said he is considering how to revise the ordinance to address these situations.  Mr. Nance asked the Board to consider revising the ordinance due to inequities in the ordinance regarding churches and the size and types of signs allowed.  City Attorney Lucchesi said that a possible change to the ordinance will be submitted for review and consideration at the next Board meeting.

None.

BILL # 3446 - AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES FOR THE CITY OF BALLWIN BY THE ADDITION OF A NEW SUBSECTION 15-6(6)  DEALING WITH PASSENGERS IN A VEHICLE OPERATED BY AN OPERATOR WITH AN INTERMEDIATE DRIVER’S LICENSE. 

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3446.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3446 was read for the first time. 

Alderman Lembke said that this legislation is updating Ballwin ordinance language to reflect the language of State Statutes for drivers with intermediate driver’s licenses. 

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3446.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3446 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3446 with the following results: 

Ayes – Kerlagon, Suozzi, Lembke, Terbrock, Robinson, Pogue, Buermann.  Nays – None.  Whereupon Mayor Young declared Bill No. 3446 approved and it became Ordinance No. 06-56. 

BILL # 3447 - AN ORDINANCE AMENDING CHAPTER 15, SECTION 15-138 OF THE CODE OF ORDINANCES FOR THE CITY OF BALLWIN BY DELETING THE PRESENT SECTION 15-138 ENTITLED “PASSENGER RESTRAINT SYSTEM REQUIRED FOR CHILDREN UNDER FOUR YEARS OF AGE” AND INSERTING A NEW SECTION 15-138 DEALING WITH SIMILAR SUBJECT MATTER.

A motion was made by Alderman Lembke and seconded by Alderman Pogue for a first reading of Bill No. 3447.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3447 was read for the first time.

Alderman Lembke said that this legislation is updating ordinance language to agree with State Statutes.

A motion was made by Alderman Buermann and seconded by Alderman Robinson for a second reading of Bill No. 3447.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3447 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3447 with the following results: 

Ayes – Pogue, Lembke, Buermann, Kerlagon, Robinson, Suozzi, Terbrock.  Nays – None.  Whereupon Mayor Young declared Bill No. 3447 approved and it became Ordinance No. 06-57.

BILL # 3448 - AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES FOR THE CITY OF BALLWIN BY THE ADDITION OF A NEW SECTION 17-37 DEALING WITH PROTEST ACTIVITIES NEAR FUNERALS.

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock for a first reading of Bill No. 3448.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3448 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Buermann for a second reading of Bill No. 3448.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3448 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3448 with the following results: 

Ayes – Robinson, Kerlagon, Lembke, Pogue, Terbrock, Suozzi, Buermann.  Nays – None.  Whereupon Mayor Young declared Bill No. 3448 approved and it became Ordinance No. 06-58.

BILL # 3449 - AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES FOR THE CITY OF BALLWIN BY THE ADDITION OF A NEW SECTION 17-12 DEALING WITH FAILURE TO PROVIDE IDENTIFICATION.

A motion was made by Alderman Buermann and seconded by Alderman Robinson for a first reading of Bill No. 3449.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3449 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a second reading of Bill No. 3449.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3449 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3449 with the following results: 

Ayes – Kerlagon, Robinson, Pogue, Lembke, Terbrock, Buermann, Suozzi.  Nays – None.  Whereupon Mayor Young declared Bill No. 3449 approved and it became Ordinance No. 06-59.

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

Sex Offender Ordinance:  Mayor Young said that the City of O’Fallon, Missouri adopted a new sex offender ordinance, which is much stronger than the State’s legislation.  He asked the Board to consider looking into this during the next few meetings, and for City Attorney Lucchesi to evaluate the O’Fallon ordinance for similar adoption in Ballwin.  

A motion was made by Alderman Lembke and seconded by Alderman Kerlagon for City Attorney Lucchesi to review the O’Fallon sex offender ordinance for consideration by the Board.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Capital Budget:  City Administrator Kuntz said that the capital budget will be discussed on October 23 at 5:30 p.m.  He said that a comprehensive report on street conditions, the micro-paver program, street costs, history of the spending plan for streets in the past 5 years, type of application that was provided has been given to the Board for review.   

Holy Infant School Anniversary:  City Administrator Kuntz reported that Holy Infant will celebrate their 50^th anniversary with a parade.  The Police Department has been contacted for traffic control.  The parade will start at 9:15 a.m. on October 13.  The route will be a circular pattern from New Ballwin to Old Ballwin, around Nancy Place, and back to the school.  He said that more notice will be necessary in the future.   

Mayor Young questioned the method of handling the traffic during the parade on New Ballwin.  City Administrator Kuntz said that the traffic will be detoured and flipped between New Ballwin and Old Ballwin.  He said Police Chief Biederman has worked out the route with Holy Infant.  There will be an alternate access.  Alderman Lembke suggested using a message board to notify the public about the detour.  Alderman Buermann suggested a Proclamation be prepared in recognition of the 50^th anniversary.   

Public Art:  City Administrator Kuntz said the Fine Arts Commission raised funds for this sculpture, and representatives of the community have made a donation.  Mayor Young asked about the materials to be used for the construction.  Director of Parks and Recreation Bruer said it is made from copper and steel.  Mayor Young said he doesn’t want a rusting structure in the park.  Since this is not a local artist, have artists in the St. Louis area been contacted?  City Administrator Kuntz said that local artists have not been interested in serving on the Fine Arts Commission.  He said that the cost is significantly increased when an original commission of substantial size is to be a public display.  Parks Director Bruer said the cost could increase from $60,000 to $80,000, however, this structure is $10,000 - $12,000 range.  City Administrator Kuntz said that this will fulfill the commitment that was made to the Fine Arts Commission and not wasting public resources.   

A motion was made by Alderman Robinson and seconded by Alderman Lembke to hold over further discussion on this issue until the October 23 meeting since Alderman Fleming has a significant amount of interest.  He would like to participate in the discussion and planning.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Ultraviolet Sanitation System:  City Administrator Kuntz said that this is a public health enhancement improvement that will mostly likely be mandated eventually although it’s not mandated at this time in the State of Missouri.  The purpose is to assure the safety and quality of the water features in this particular application.  He said the low bidder was Westport Pools.  Director of Parks and Recreation Bruer said it will take 6 weeks to get the equipment after it is ordered, but will only take a day or two to install.  Alderman Lembke gave an explanation of how this system operates.  He asked if the system has a manual or automatic wiper system.  The representative from Westport Pools said it has an automatic wiper system.   

A motion was made by Alderman Robinson and seconded by Alderman Lembke to proceed with the Ultraviolet Sanitation System.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Motor Vehicle Sales Tax:  City Administrator Kuntz said that at Board request, additional information has been provided by Finance Officer Loehr.  She has contacted representatives from the State level all the way down to our neighboring communities.  City Administrator Kuntz said that a change in the formula because of our relative population would not be as significant as a small community, with the same number of dealerships.  He said the result could be only slightly positive, but overall not conclusive enough to recommend proceeding full scale.  If Ballwin grows through annexation, it would be best to leave everything as it is. 

A motion was made by Alderman Lembke and seconded by Alderman Robinson to table this issue indefinitely as a result of the thorough research that was presented for consideration.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Policy Manual:  City Administrator Kuntz suggested reviewing the first three sections.  Alderman Kerlagon suggested having the Finance & Administration Committee review the manual and present their recommendation to the Board.  Alderman Buermann agreed that this should be referred to the Finance & Administration Committee since budget meetings are upcoming.   

A motion was made by Alderman Buermann and seconded by Alderman Lembke to hold over review of the Policy Manual until it can be discussed with the chairman of the Finance & Administration Committee, Alderman Fleming.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Closed Session:  City Attorney Lucchesi said a closed session will be held to discuss personnel. 

Manchester Road:  Alderman Terbrock asked about the State Highway Dept. resurfacing of Manchester Road between 141 and 109.  He said he is concerned because the level of the street is now up to the top of the curb.  This eliminates the curb and sidewalk safety because it’s easier for a vehicle to drive onto the sidewalk.  Alderman Lembke expressed concern that there will be uneven pavement at every manhole as was previously experienced on Manchester Road. 

Alderman Buermann said that at this time during the repaving, the lanes cannot be seen at night.  He is very concerned about safety.  He also asked that the State Highway Dept. sweep the center lane because there is excess gravel accumulating.  City Administrator Kuntz said that the flaps will be used until the stripes can be applied, and these concerns will be forwarded. 

Ballwin Streets:  Alderman Kerlagon said it looks as though Ballwin could borrow money for street repairs without a bond issuance.  A property tax could be utilized toward making that loan payment.  City Attorney Lucchesi said there is a problem with the city borrowing money without a bond issue.  A city cannot borrow money like a corporation.  He said it has to be done with a bond issue.  Alderman Kerlagon said that several cities have done this without a bond issue.  City Attorney Lucchesi said it depends on whether they are 4^th class cities or charter cities.  Alderman Kerlagon said that sales tax affects younger people because they spend more.  A property tax tends to affect more retirees.  He suggested becoming more creative. 

Utility Tax:  A motion was made by Alderman Lembke that legislation be drafted for review and consideration to increase the utility tax from 5% to 7%, and that this draft be available for discussion at the October 23 meeting.  He said that all of the money would have to be put into street improvements.  The budget will be balanced for 2007, and there is no property tax in 2007.  He said we cannot wait until 2008 to start taking steps toward street repairs.  He said he is aware that running for re-election and trying to increase taxes is not a good combination, however, he said he has to do what is right for the City of Ballwin.  He said this needs to be discussed so that $600,000 - $800,000 for streets can be earmarked as soon as possible.  He suggested that maybe this could be tied to a rollback of the utility tax if a property tax is approved.  Alderman Buermann said that a utility tax is less of a burden than a property tax.   

Alderman Kerlagon asked what amount would be generated in taxes if the utility tax was increased to 7%.  Mayor Young said that it would be approximately $800,000 per year.  City Administrator Kuntz said that the problem is not just streets.  Revenues are not keeping pace with costs.  He said that 80% of what we do is petroleum related.  He said if the solution was simple, this would have been solved long ago.  When the rollback was approved, 2% was taken out of the operating budget.  He suggested that the Board unite on a plan and not be divided.  He said that if the citizens support this, it will be approved.  If they don’t support it, they have said what their level of expectation is. 

Alderman Buermann suggested that this be discussed during the capital and operating budget session for a future agenda item for consideration. 

Alderman Lembke said that his motion has failed for lack of a second.  The Board agreed that this should be on the agenda under City Administrator’s report at the October 23 meeting. 

A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to adjourn to closed session, according to the Missouri statutes for the purposes of discussing personnel.  The Board will reconvene in open session with possible action being taken at that time.  A roll call vote was taken with the following results:  Ayes:  Buermann, Lembke, Pogue, Suozzi, Robinson, Kerlagon, Terbrock.  Nays:  None.  The motion passed to adjourn to closed session at 8:12 p.m. 

The Board convened in closed session at 8:15 p.m. 

A motion was made by Alderman Robinson and seconded by Alderman Suozzi to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 8:23 p.m. 

The Board reconvened in open session at 8:23 p.m. 

Mayor Young announced that the Board met in closed session to discuss personnel.  No votes were taken during the closed session. 

Mayor Young nominated Kathryn Koch as provisional judge until March 1, 2007 and as municipal judge as of that date.  A motion was made by Alderman Suozzi and seconded by Alderman Lembke to accept this nomination.  A voice vote was taken in open session with a unanimous affirmative result and the motion passed. 

The following was read and voted upon in open session: 

BILL # 3450 - AN ORDINANCE ACCEPTING OF THE RESIGNATION OF W. LAIRD HETLAGE AS A MUNICIPAL JUDGE FOR THE CITY OF BALLWIN AS OF MARCH 1, 2007, AND APPOINTING KATHRYN KOCH AS A PROVISIONAL JUDGE UNTIL MARCH 1, 2007, AND A MUNICIPAL JUDGE AS OF THAT DATE. 

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3450.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3450 was read for the first time. 

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a second reading of Bill No. 3450.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3450 was read for the second time. 

A roll call was taken for passage and approval of Bill No. 3450 with the following results: 

Ayes – Kerlagon, Robinson, Pogue, Lembke, Terbrock, Buermann, Suozzi.  Nays – None.  Whereupon Mayor Young declared Bill No. 3450 approved and it became Ordinance No. 06-60. 

ADJOURN OPEN SESSION 

A motion was made by Alderman Buermann and seconded by Alderman Pogue to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 8:27 p.m. 

Walter S. Young, Mayor

ATTEST:

Robert A. Kuntz, City Administrator

MC