The meeting was called to order by Mayor Jones at 7:05 p.m.

The Pledge of Allegiance was given.

The Minutes of the September 27, 2004 Public Health & Safety Committee meeting were submitted for approval.  A motion was made by Alderman Robinson and seconded by Alderman Buermann to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the September 27, 2004 Board of Aldermen meeting 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 was declared passed.

None.

None.

BILL # 3315 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR CLAYMONT COURT SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.

Mayor Jones said that a letter has been received from MSD stating that the Claymont Plat 5 storm sewers are public and maintained by MSD and that MSD will require the storm sewer connection as previously noted, and that the line will be extended to serve Lot 4.  There were no additional questions for the developer.

Mayor Jones said that this Bill was read once at the September 27 Board meeting. 

A motion was made by Alderman Gatton and seconded by Alderman Buermann for a second reading of Bill No. 3315.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3315 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3315 with the following results:  Ayes – Gatton, Suozzi, Fleming, Buermann, McDowell, Robinson, Lembke, Pogue.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3315 approved and it became Ordinance No. 04-41.

BILL # 3320 - AN ORDINANCE APPROVING AND ADOPTING A REVISED BUDGET OF ANTICIPATED CASH REVENUE AND CASH DISBURSEMENTS FOR THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2004, PROVIDING FOR EXPENDITURES IN ACCORDANCE WITH SAID BUDGET AND MAKING APPROPRIATIONS THEREOF.

A motion was made by Alderman Buermann and seconded by Alderman Robinson for a first reading of Bill No. 3320.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3320 was read for the first time.

A motion was made by Alderman Gatton and seconded by Alderman Suozzi for a second reading of Bill No. 3320.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3320 was read for the second time.

Mayor Jones said that the capital budget amendment enclosure shows figures under the amended column in brackets which indicate that these items came in under budget.  The items not in brackets came in over budget. 

A roll call was taken for passage and approval of Bill No. 3320 with the following results:  Ayes – Lembke, McDowell, Robinson, Fleming, Suozzi, Pogue, Buermann, Gatton.    Nays – None.  Whereupon Mayor Jones declared Bill No. 3320 approved and it became Ordinance No. 04-42.

None.

Liquor License Transfer for Applebees:  A motion was made by Alderman McDowell and seconded by Alderman Gatton to approve the Liquor License transfer. 

Alderman Robinson asked if Applebees could be requested to become non-smoking prior to granting the liquor license.  City Attorney Lucchesi said there isn’t any legislation that would prevent the City from simply asking.  Alderman Gatton said that the Applebees in Columbia has been non-smoking for quite some time, and in Jefferson City, Applebees is now non-smoking because of the success of the program in Columbia.  City Administrator Kuntz said this cannot be made a binding requirement of the liquor license transfer.  Alderman Gatton said this would only be a suggestion, not a binding requirement. 

Alderman McDowell said he feels this would be an unacceptable approach as a suggestion.  Applebees has met the qualifications for the transfer.  Any further legislation regarding smoking should be handled separately.  He said he is not in favor of linking possible future legislation to this request. 

A motion was made by Alderman Fleming and seconded by Alderman Suozzi to approve the Applebees liquor license transfer as submitted with no additional conditions or suggestions. 

A roll call was taken with the following results:  Ayes – Buermann, McDowell, Fleming, Suozzi.    Nays – Robinson, Lembke, Gatton, Pogue.  Mayor Jones cast the tie breaking vote by voting Yes.  Mayor Jones declared the motion approved with no additional suggestions or requirements and the liquor license will be transferred.

Alderman Gatton said that Zhivagos has changed ownership and asked if any change in the liquor license has been requested.  Assistant City Administrator Aiken said that there has not been a complete change in ownership.  All of the licenses are still in the previous name and Dr. Platanor is still an owner.  City Administrator Kuntz said the lounge is not functioning at this time. 

Alderman McDowell asked what are the stipulations for any suggestions related to a license renewal.  Mayor Jones said the proper procedure would be to ask for a motion.  If the motion is seconded, the Board will vote on it.  The stipulation cannot be binding.  City Attorney Lucchesi said that a suggestion cannot be enforced.  City Administrator Kuntz said that if a non-smoking suggestion is made to a business and the business says no, and the Board, for whatever reason, turns down the liquor license, the City could be faced with a lawsuit. 

Provisional Pay:  City Administrator Kuntz said that this addresses absences and conflicts of the municipal judge.  He suggested that when a stand-in is required, that the replacement would be compensated 75% of the incumbent’s stipend and that the incumbent’s check for that session would be reduced by 25% for the absence.  He said this is an attempt to address not just the attendance, but also compensation for the preparation prior to the attendance of the session.  He said that a provisional judge has been appointed, and when he is utilized, the City needs to know how and what to pay. 

Alderman Lembke asked about the attendance of the Prosecuting Attorney.  Police Chief Biederman said that the Prosecuting Attorney has missed but sent a replacement from his office.  The law firm took care of the payment.

A motion was made by Alderman Lembke and seconded by Alderman McDowell to prepare legislation for consideration to adopt the payment to the substitute judge of 75% of the incumbent’s stipend, and the incumbent’s stipend would be reduced by 25% for that session.  A voice vote was taken with a unanimous affirmative result and the motion was passed.

Emergency Legislation:  City Administrator Kuntz suggested that in the Emergency Legislation policy, conditions 1, 2, and 3 be eliminated.  When legislation is proposed by an alderman, that the legislation be drafted under the sponsorship of that particular alderman so that there is no question about authorship and responsibility.  He said it will take a super majority vote to amend the current policy.

A motion was made by Alderman Lembke and seconded by Alderman Gatton to adopt the emergency legislation as presented by City Administrator Kuntz.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Capital Budget Work Session:  City Administrator Kuntz said the Board will meet at 5:15 p.m. on October 25 for a Capital Budget Work Session for 2005. 

None.

Fall Arts Festival:  Alderman Lembke said the Fall Arts Festival will be held at The Pointe on Friday, November 19, from 7:00 – 9:00 p.m., Saturday, November 20, from 10:00 a.m. – 5:00 p.m., and Sunday, November 21, from 11:00 a.m. – 5:00 p.m.

Finance & Administration Committee Report:  Chairman/Alderman Buermann said the committee suggested having a retreat in January to discuss city finances.  The Historical Commission has requested a 501C3 designation.  City Administrator Kuntz and Finance Officer Loehr gave an overview of the expenditure and revenue trends during the meeting that was held at 5:15 p.m. on this date. 

Closed Session:  A motion was made by Alderman Buermann and seconded by Alderman Robinson to adjourn to closed session, according to the provision of Section 610.021(2) of the Missouri statutes, for the purposes of real estate acquisition.  A roll call vote was taken with the following results:  Ayes:  Lembke, Gatton, Fleming, Robinson, Suozzi, Buermann, Pogue, McDowell.  Nays:  None.  The motion passed to adjourn to closed session at 7:28 p.m.

The Board convened in closed session at 7:31 p.m.

A motion was made by Alderman Buermann 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 7:45 p.m.

The Board reconvened in open session at 7:46 p.m.

Mayor Jones announced that the Board met in closed session to discuss real estate acquisition.  No votes were taken. 

A motion was made by Alderman Buermann and seconded by Alderman Gatton to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 7:47 p.m.

MC