Board of Aldermen Meeting and Operating Budget Meeting

Meeting Agenda

Operating Budget Meeting Notice

The Operating Budget Work Session will be held on October 27 at 5:30 p.m. in the Board Room of the Donald “Red” Loehr Police & Court Center, 300 Park Drive.   

In the event that the discussion is not concluded by 7:00 p.m., it is proposed that the work session be reconvened after the conclusion of the regular meeting.

All meetings are open to the public and the building is handicapped accessible.
Robert Kuntz, City Administrator

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation.  If you are a person requiring an accommodation, please call (636) 227-8580 (V) or (636) 527-9200 (TDD) or 1-800-735-2966 (Relay Missouri) no later than 5:00 P.M. on the third business day preceding the hearing.  Offices are open between 8:00 A.M. and 5:00 P.M. Monday through Friday.

---

 October 27th Board of Aldermen Meeting and Operating Budget Meeting Agenda click here

Meeting Minutes

MINUTES OPERATING BUDGET WORK SESSION
City of Ballwin October 27, 2008

The Operating Budget Work Session for 2009 was called to order at 5:36 p.m. by Mayor Young.  In attendance were Aldermen Terbrock, Buermann, Suozzi, Robinson, Fleming, Lembke and Boerner.  Also in attendance were City Administrator Kuntz, Assistant City Administrator Aiken, Finance Officer Loehr, Chief of Police Schicker, Director of Parks and Recreation Bruer, City Engineer Kramer, and City Attorney Jones.

OVERVIEW
City Administrator Kuntz provided an overview of the Operating Budget.  He said that the budget includes changes in equipment and vehicles, expenditures that were formerly in the Capital budget.  The budget now better shows costs of service provided, but there is a resulting revenue shortfall of $630,000.  This will be filled from the reserve fund balance and from protested utility payments. 

Finance Officer Loehr presented the revenue overview.  She said revenue projections are challenging due to the economy decline.  Ballwin is still doing well with the 1 cent sales tax year to date.  The Capital Improvements and Parks taxes, however,  are down 4% year to date.  This trend creates a decrease from $4.6 to $4.4 million for 2009.  There are similar declines in most intergovernmental revenues.  She said that utility taxes are looking better., with an additional $1 million in 2009.  If AmerenUE and the Missouri American Water Company gets the requested rate increases, revenues will grow accordingly.

Alderman Buermann asked for an estimate of the decrease in sales tax from Target.  City Administrator Kuntz said that there is a 2-month lag, therefore, we do not have any information at this time.  The Target situation is included in the overall reduction estimate.  He said that 2009 fuel expenditures are based on May 2008 figures. 

Alderman Boerner asked about the telephone utility increases.  Finance Officer Loehr said the lawsuit agreement brought a lot of new companies in as well as added cell phone taxes.  City Administrator Kuntz said there had been no increase for several years due to customer movement to cell phones.

Alderman Boerner asked if the sewer lateral fees should be considered revenue.  Finance Officer Loehr this revenue and the associated expenditures were pulled out due to a net zero impact on the budget.

Finance Officer Loehr said that $540,000 from the Capital budget expenditures were moved to the Operating budget without any accompanying revenue transfer.  She said that this is part of the Operating budget shortfall.

Alderman Lembke suggested that the Sewer Lateral reimbursement be lowered to $3,000, to help more people.  City Administrator Kuntz said the money for sewer lateral reimbursement comes in one time per year. 

PARKS & RECREATION
Director of Parks & Recreation Bruer provided an overview of the Parks & Recreation Operating budget.  She said that changes have been made in personnel organization, utility cost, programming fee increases, and marketing of services.  On-line registration will become available in 2009. 

Alderman Buermann asked if there has been any decrease in memberships due to the economy.  Director of Parks & Recreation Bruer said it’s too early to know at this time.  After the first of the year, is the best time to evaluate this.  Fall is a traditional slow time. 

Alderman Terbrock said there is an increase in single-person passes at North Point. 

Director of Parks & Recreation Bruer said they are not expecting a similar increase in 2009.

Ms. Bruer said that the full-time recreation employees are more than the 7 stated in the overview, which does not include the senior supervisory people. 

Alderman Lembke asked if the vehicles should be equipped with meters that measure operating time instead of relying on mileage records.

Alderman Fleming said he would like to cut all out-of-town travel and training, and consider stretching the golf cart life.  Director of Parks & Recreation Bruer said that this is possible but it increases maintenance costs.  City Administrator Kuntz said the 5-year old trade ins have value.  Keeping carts longer hurts on this end.  Alderman Lembke said that carts pay for themselves in 2 years and we keep them 5 years.  He said this is a money making proposition.  He said it may be better to charge a little more and keep the program.  Alderman Buermann said it may be better to wait on the purchase until later in the year when we have a better sense of how revenues will be next year.  Alderman Fleming agreed.  Alderman Lembke suggested considering 3 new carts early in the year and 3 later in the year, or maybe defer until next year.

Alderman Boerner said that revenues will be up in 2008 over 2007, but where are the costs that offset the revenue growth that put Ballwin in the hole in 2009.  Finance Officer Loehr passed out a summary to explain.  She said that Ballwin is projected to end 2008 with a $142,959 surplus instead of a $410,618 deficit.  Some of this is related to additional revenue, but most is the result of expenditures that will not be made.

Alderman Lembke asked for a summary showing all of 2008 to 2009 revenues and expenditures to show where new revenues are going.

Alderman Boerner asked for a report showing employees in full-time equivalents to better compare with other cities. 

Alderman Terbrock said that we should be getting the most productivity for every dollar spent.  Comparison to other cities is less critical. 

Alderman Boerner asked if demographic studies can be done to know what the average age of programs and facility utilization is.  Should this be done to set the programming? 

Alderman Fleming asked if Ballwin can shift street tree maintenance back to the residents.  Alderman Robinson said that Ballwin could only get involved if there is a safety problem.

Adjourn:  The meeting was adjourned at 6:58 p.m.  Mayor Young stated that the meeting would reconvene after the regular Board meeting.

Reconvene:  The meeting reconvened at 8:15 p.m.
It was agreed that the three remaining Department Heads would be allowed to present their overviews, and questions would be held until all three had completed their presentations.

PUBLIC WORKS
Director of Public Works/City Engineer Kramer provided an overview of the Public Works Operating Budget.  This included personnel, leaf pickup, slab replacements, snow plowing, street sweeping, and equipment.

POLICE
Chief of Police Schicker provided an overview of the Police Department.  He said the benchmark for police officers is the number of officers per 1,000 residents.  He said the Ballwin department is strong and respected in the region. 

Chief Schicker explained the activity levels of the department.  There has been a rearrangement of supervisory positions.  Fees have been reviewed and more revenue options are being considered.  He said that officer retention is an issue due to low salaries and benefits.

ADMINISTRATION
Assistant City Administrator Aiken presented the Administration Operating budget.  He reviewed all programs, noting that the only substantive changes from 2008 are related to the budget format change and increasing costs of operations.

Alderman Buermann asked if Ballwin has explored contracting with other cities to make signs for us.  City Engineer Kramer said he has recently begun an analysis of this possibility.

Alderman Suozzi asked about the Oakwood Farms/Claybend street slabs.  City Engineer Kramer said this is just maintenance, but an overlay is proposed in 2010.

Alderman Fleming said he does not recommend personnel layoffs at this time, but questions the number of supervisory people.  City Engineer Kramer said there are 5 crew leaders.  City Administrator Kuntz said there is no extra pay to be a crew leader, but such people are needed to be in charge of a crew.  They become the pool of potential replacements for foremen and vacancies.

Alderman Robinson said he wants to see the number of workers at every salary level. 

City Administrator Kuntz discussed the pay grade and range problems associated with compression. 

Alderman Lembke said that Ballwin should get out of the street tree maintenance business, leaf removal program, Christmas tree pick up and limb pick up, etc.  These programs are not working financially.

Alderman Boerner said he likes the benchmarks provided in the overviews.  He has questions about what is included in the Operations budget.  He said he realizes the total magnitude of the annual street expenditure effort in the two budgets.

Mayor Young asked about employees that may be retiring within the next year.  He said this might help with understanding the personnel issues.  City Administrator Kuntz said he doesn’t know of any retirees at this time. 

Alderman Fleming asked about the out placement of Excavation Permits.  City Engineer Kramer said that St. Louis County can do this at about $110 per hour.  An ordinance may be needed to require the payment by the property owner.  City Administrator Kuntz said that this would mean a lower quality of work.

Alderman Fleming asked will $1.4 million in the Capital budget and $1.3 million in the Operating budget be acceptable to tell the residents.  City Engineer Kramer said yes, but this includes potholes. 

Alderman Fleming said he wants the street survey delayed.  He said it’s not worth the cost. 

Alderman Terbrock said that revenues of $7,400 for fund raising with a cost of $8,200 seems excessive.  Why are the costs so high? 

Alderman Terbrock asked about the issue of cost, resale and maintenance on the police cars.  Police Chief Schicker said the Chevy has good fuel efficiency and a lower initial cost.

Alderman Buermann asked about the Dispatch contracts.  Police Chief Schicker said that the renewal of the Manchester dispatch contract looks good at this point.  It’s too early to know about an Ellisville contract.  This does not come due until March.  City Administrator Kuntz said that there may be some potential with Town & Country, but there are problems with prisoner detention.

Alderman Buermann asked if the police vehicles can be bought at a later time.  Police Chief Schicker said that there are problems with limited production run times at the factory.

Alderman Buermann asked about gasoline usage.  He asked if usage can be conserved by parking police vehicles for 15 minutes on each shift.  He has heard that other cities are doing this.  Police Chief Schicker said yes, this is already being done with increased use of foot and bicycle patrols when weather is good.  The CARE report entry is now being done at the police station.  This eliminates vehicle idling time for this work.

Alderman Buermann asked if the police force will be equally as effective with fewer officers.  Police Chief Schicker said he does not think it would be possible to provide the same level of service with any substantive reduction in manpower.  The force was reduced by 6 people and 2 cars when the contract with Clarkson Valley ended.

Alderman Suozzi asked about the number of St. Louis County police personnel.  Police Chief Schicker said their staffing level has always been much lower than that of municipal departments.  City Administrator Kuntz said their response time is correspondingly longer.

Alderman Suozzi asked if there is any chance of getting Clarkson Valley back for Ballwin police coverage.  Police Chief Schicker said they are not happy with the quality of service from St. Louis County or the revenue, so there may be an opportunity when the contract is up for renewal.

Alderman Fleming asked about employee and staffing levels in the Police Department.  Police Chief Schicker said there are 62 employees total and 30 officers without supervisory responsibilities.  The 62 number includes non-uniform and dispatch employees.  Alderman Fleming asked is there too much supervision and can we do with less?  Police Chief Schicker said there are special operations, detectives, and minimum numbers of supervisors needed per CALEA standards.  He said it is harder to supervise spread out forces.  Alderman Fleming asked if patrols can be reduced without endangering the community?  Police Chief Schicker said that there needs to be a presence to maintain anti-crime environment.  With more officers, there is less opportunity for crime.

Alderman Robinson asked if there is any danger to the police officers under the limits of the budget.  Police Chief Schicker said no.  Tools and training are adequate.  Only salaries are an issue in the budget.

Alderman Lembke said he would like to get Clarkson Valley back for police patrol if possible, and Winchester.  He would like to have a program to tap into the Citizen Police Academy graduates as volunteers.

Alderman Boerner asked about the housing contract, what is it?  Police Chief Schicker said it is related to the Manchester dispatching contract.  Until their facility is built and operational, Ballwin is being paid to house their prisoners.

City Administrator Kuntz talked about regionalism and the issue of cost sharing for the plantings in the Clayton Road medians.  Is this really in Ballwin’s long term best interests to refuse to share this minor cost?  He said this is a relatively small amount of money and Chesterfield will always be our neighbors. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke to reconsider the vote taken on this issue at the next Board meeting.  The Board agreed. 

Alderman Buermann said that fees should be reviewed, also the centralized purchase of things like office supplies.  He also expressed opposition to turning off street lights.  Finance Officer Loehr noted that Ballwin is finalizing an agreement with Office Max that will centralize office supply purchases.

Alderman Suozzi asked would turning off half of the street lights impact crime.  Chief Schicker said that the department had reviewed this question and does not believe that crime will increase, but people’s perception of safety will probably be negatively impacted.

Alderman Fleming said he supports a 4% salary increase and a 6% health insurance increase, but he believes there should be a hiring freeze, elimination of all out-of-town travel, and the street rating should be eliminated.

Alderman Fleming asked if a 27 cent property tax should be considered.  City Administrator Kuntz said this is not advisable at this time.

Alderman Lembke said that Social Security is going up 5.8%.  He supports a 4% pay increase and 6% on health insurance. 

Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn.  A voice vote was taken with a unanimous affirmative result, and the meeting adjourned at 10:26 p.m.

Walter S. Young, Mayor

ATTEST:
Robert Kuntz, City Administrator

---

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
October 27, 2008

The meeting was called to order by Mayor Young at 7:00 p.m.

             PRESENT                                                    ABSENT
MAYOR WALT YOUNG                                  ALDERMAN TIM POGUE
ALDERMAN JIMMY TERBROCK  
ALDERMAN KEN BUERMANN 
ALDERMAN JANE SUOZZI 
ALDERMAN JAMES ROBINSON 
ALDERMAN FRANK FLEMING 
ALDERMAN RAY LEMBKE 
ALDERMAN RICHARD BOERNER 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the October 13 Capital Improvement Budget meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Robinson to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

The Minutes of the October 13 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 passed.

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS

Ray Kerlagon, 1146 Westrun Dr.:  Mr. Kerlagon spoke about the Richland Meadows speed limit request.  He said that this evening he was almost hit head-on on Richland Meadows.  He said that the speed needs to be controlled.  If this was a double-fine zone, this would enhance the punishment.  Simply changing the speed limit may not enhance compliance, which is the goal.  He believes that catching the offender is the important issue regardless of the posted speed limit, and increasing the penalty. 

Steve Dunn, 1158 Richland Meadows Dr.:  Mr. Dunn spoke in favor of lowering the speed limit to 20 mph on Richland Meadows Drive.  This was not designed to be a thru-street.  He presented a petition with 43 signatures in support of lowering the speed limit.  He said this is 14% of the total neighborhood household.  Of the 43 signatures, 26 were on Richland Meadows, which is 36% of the residents on the street.

Mr. Dunn said that the Ballwin Police did a speed study on Richland Meadows after the last Board meeting when this was discussed.  He believes that the placement of the speed study equipment was placed at a sharp curve and is not the area where people speed.  He said the speed study stats might have been skewed when taking this location in consideration. 
(Note:  The petition was later returned to Mr. Dunn, at his request, by Alderman Lembke, to obtain more signatures.)

Tom Albert, 1415 Richland Meadows Dr.:  Mr. Albert said that he agrees with the statements made by Mr. Dunn.  He said that visitors to his house always comment about the speeding on Richland Meadows, and that they didn’t know that this was such a busy thoroughfare.  He asked for the Board’s consideration in reducing the speed limit. 

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3547 - AN ORDINANCE PROVIDING FOR A SPEED LIMIT OF 20 MPH ON RICHLAND MEADOWS DRIVE AND ALVERSTON COURT.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3547.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3547 was read for the first time.

A motion to amend was made by Alderman Terbrock, and seconded by Alderman Lembke, to change the speed limit to 20 mph, effective for a one-year period, and to be reviewed at that time by the Board for future determination and effectiveness. 

Alderman Terbrock said that Richland Meadows Drive is similar to many streets with steep inclines, curves, and a close proximity of houses to the street.  He said that residents on other streets should be precluded from requesting a lower speed limit until the information has been obtained from the Richland Meadows Drive study.  He said that this issue involves safety and the results should be reviewed for future requests that may be made.

Alderman Suozzi asked if the recent speed study was the result of complaints at that location.  Police Chief Schicker said his staff looked at the surveys that were done in the 1300 and 1400 blocks of Richland Meadows, as well as at the Buckhurst intersection.  He said based on the information provided in the 1100 block resident’s complaint, the decision was made to place the speed counter at this location.  There was no previous date from this location.  After obtaining the information, it was found to be consistent with the results from previous surveys throughout the full roadway.  City Administrator Kuntz said that this traffic speed / volume measurement was in the planning stages before the last Board meeting.  He said the normal procedure after receiving a complaint is to measure the traffic volume and speed. 

Alderman Suozzi said that previous petitions on issues have contained signatures from  80% - 90% of the residents in a specific area.  The speed data is reviewed in conjunction with a petition and with a professional recommendation from the Police Department.  She is in favor of enforcing the speed limits and double-fine zones.  Perhaps this problem can be solved with better enforcement of the current speed limits.  She said she is concerned about abandoning the processes in making decisions. 

Alderman Fleming said that he supports issues when petitions reflect the vast majority of the residents living in the affected area.  He said that the presented information and petition does not represent a majority of residents.  The petition is lacking at this time.  He said he is in agreement with the amendment to use this as a 1-year experiment.  In the future, the process should be followed and the petition should represent the overwhelming majority of the people on the street that they are in agreement.

Alderman Robinson asked if a moratorium is being requested with the amendment.  Alderman Terbrock said that it should contain a moratorium.  There could be other requests before the study is complete and the needed information is obtained. 

Alderman Robinson said that he views this as an issue of the Board’s responsiveness to what a group in a subdivision has requested.  He said he does not view this as a debate over the validity of the Police Department studies, which he believes are valid and accurate.  He said if a substantial majority of the residents say that they will be safer if the City would impose this speed limit, or calming device, as their elected representatives, it is the Board’s duty to respond to their request and not substitute its judgment for the request. 

Alderman Robinson suggested that this issue be postponed until the next Board meeting since Alderman Pogue is absent and is passionate about this issue.  He would like for the Police Department to obtain a more comprehensive sounding board from the subdivision.  This can be used as a tool to encourage people to drive at a safer speed. 

City Attorney Jones said that in order for an ordinance to be enacted, a majority of those elected must vote in favor of the legislation.  At this meeting, that would be 5.  There cannot be a tie since there are 7 voting members.  The Mayor cannot provide the 5th vote.  He said that there is nothing in the City’s ordinances that will preclude the exact same ordinance from being presented at the next meeting.  He said the Board requests the drafting of legislation.  If that happens, this can be presented again at the next meeting. 

City Attorney Jones said that there is a motion to amend the Bill 3547 as follows:  Section 3, add “but shall expire on the one-year anniversary of its passage unless extended by subsequent legislation.” 

Alderman Lembke suggested that sub-section 5 include the language that a moratorium on any additional applications be concurrent with this one-year test.  City Attorney Jones advised against this because this would become a bill with more than one topic.  The title would have to be changed and the entire bill would have to be read in its entirety twice.  He said this would be complicated. 

A voice vote was taken on the amendment to change the speed limit to 20 mph, effective for a one-year period, and to be reviewed at that time by the Board for future determination and effectiveness.  The result was as follows:  Ayes:  Terbrock, Buermann, Lembke, Fleming   Nays:  Suozzi, Robinson, Boerner.
The motion was approved by a vote of 4 – 3.

A motion was made by Alderman Lembke and seconded by Alderman Robinson for a second reading of Bill No. 3547, as amended.  A voice vote was taken with the following result:  Aye:  Lembke and Robinson.  Nay: Terbrock, Buermann, Suozzi, Fleming, Boerner.  The motion failed by a vote of 2 – 5.  Bill No. 3547 will be held over until the next meeting.

(See “Aldermanic Comments” for additional discussion.)

BILL # 3548 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO RALPH PFREMMER, DBA LONE WOLF COFFEE COMPANY, FOR OPERATION OF A RESTAURANT WITH CARRYOUT, BUT WITHOUT ALCOHOLIC BEVERAGES OR ENTERTAINMENT.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3548.  

Alderman Robinson abstained from discussion and voting on this matter.

A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3548 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3548.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3548 was read for the second time.

Findings:  A vote in favor of the bill finds that the Petition, as submitted, would not substantially increase traffic hazards or congestion; would not adversely affect the character of the neighborhood; would not adversely affect the general welfare of the community; would not over-tax public utilities; would not adversely affect public safety and health; is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the District; and can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area.  A vote against the bill means that one or more of these findings are absent.

A roll call was taken for passage and approval of Bill No. 3548 with the following results: 
Ayes – Terbrock, Suozzi, Fleming, Boerner, Lembke, Buermann.   Nays – None.  Alderman Robinson abstained from voting.  Bill No. 3548 was approved and became Ordinance No. 08-32.

BILL # 3549 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR TIMBERS AT RIES BEND-PHASE 1 AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a first reading of Bill No. 3549.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3549 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Lembke for a second reading of Bill No. 3549.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3549 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3549 with the following results: 
Ayes – Fleming, Boerner, Suozzi, Robinson, Terbrock, Buermann Lembke.   Nays – None.  Bill No. 3549 was approved and became Ordinance No. 08-33.

BILL # 3550 - AN ORDINANCE AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR COMPUTER-AIDED REPORT ENTRY SERVICES.

A motion was made by Alderman Lembke and seconded by Alderman Robinson for a first reading of Bill No. 3550.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3550 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Terbrock for a second reading of Bill No. 3550.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3550 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3550 with the following results: 
Ayes – Suozzi, Lembke, Fleming, Buermann, Boerner, Terbrock, Robinson.   Nays – None.  Bill No. 3550 was approved and became Ordinance No. 08-34.

BILL # 3551 - AN ORDINANCE AMENDING THE 2008 BUDGET OF CASH REVENUE AND CASH DISBURSEMENTS FOR THE OPERATING REVENUE FUNDS OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, PROVIDING FOR EXPENDITURE REVISIONS IN ACCORDANCE WITH SAID BUDGET AND MAKING RE-APPROPRIATIONS THEREOF.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3551.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3551 was read for the first time.

Alderman Buermann said that this re-appropriation primarily addresses the redistribution of funds necessary because of the increase in petroleum products throughout the year and the cost to the City.  City Administrator Kuntz said that it also addresses the protested telephone gross receipts tax that was resolved in the courts after the budget was approved for the year.  This increases the revenue portion of the 2008 budget.

A motion was made by Alderman Buermann and seconded by Alderman Terbrock for a second reading of Bill No. 3551.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3551 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3551 with the following results: 
Ayes – Robinson, Boerner, Lembke, Suozzi, Terbrock, Buermann, Fleming.   Nays – None.  Bill No. 3551 was approved and became Ordinance No. 08-35.

A RESOLUTION FOR GRANT APPLICATION FOR PUBLIC PARK IMPROVEMENTS.

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

A RESOLUTION FOR GRANT APPLICATION FOR THE GOLF COURSE BRIDGE PROJECT.

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

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. Vehicle Replacement (Rescind previous approval to purchase.  Repairs can be made in the amount
        of $5,000, eliminating the need to purchase.)

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

MAYOR’S REPORT

Historical Commission Fund Raising:  Mayor Young said that $476 was raised for the school house at the book and bake sale on Saturday.  The next book sale will be in March, 2009.  The next fund raising event is Wednesday, October 29, at Callier’s Restaurant at 14787 Manchester Road.  The flyer is necessary to direct the donations which will be 25% of the tab. 

CITY ADMINISTRATOR’S REPORT

Road Salt:  City Administrator Kuntz said that a request was received from a local contracting company that the City does business with, asking the City to sell to them 2 two-ton truck loads of road salt for the coming year, at our price plus a supplement.  City Engineer Kramer said that this contractor has performed services for Ballwin at no cost to the City. 

Alderman Lembke asked how other requests will be handled.  City Administrator Kuntz said that since this is not being done across the board, this is done by exception.  This is not a blanket approval.

A motion was made by Alderman Lembke and seconded by Alderman Robinson to approve this request.

Alderman Fleming asked about how much salt the City currently has.  City Engineer Kramer said approximately 2,500 – 3,000 tons.  He said that there is more salt coming.  This transaction will not have a negative impact on our operation. 

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

Clayton Road Median Plantings:  City Administrator Kuntz said that allowing the trucks to be parked at North Pointe was the leverage used to get a $2,000 grant from Ameren for the planting project, which will be applied.  He said the City of Chesterfield has done a bid solicitation, and Ballwin’s share of the median plantings is $6,600.  He said that $4,600 can be covered through the 2008 budget. 

Alderman Suozzi asked if this is part of the Clayton Road project and did Ballwin previously agree to share in this cost?  City Administrator Kuntz said that the concept was to create the medians, bike paths, and sidewalks.  The roadway is on the edge of the Ballwin city limits.  He said that the median is actually within and at the edge of the corporate limits of Chesterfield.  He said that this is an unusual situation.  He said a similar proposal is presented to the City of Ellisville, regarding an island that is in Ballwin, asking it to pay 50% because of the same situation. 

Alderman Suozzi said that the medians calm traffic and should be well maintained.  She said that there were discussions about sharing the cost of the medians when they were designed and the municipalities agreed to be responsible for maintaining the landscaping.  City Administrator Kuntz said that MoDOT stipulated that it will build the medians, but the municipalities are responsible for the upkeep.  He said that this could be considered a one-time cost of the beautification project but does not bind the Board to any maintenance commitment. 

Alderman Buermann said that under the current budget constraints and Chesterfield stating that they have $30,000 in their capital highway beautification account, there is no way that he can support paying for a Chesterfield median out of the City of Ballwin funds. 

Alderman Robinson said that the cost of the beautification, landscaping and care of this median, would pay for powering 28 street lights that may be turned off because of budget constraints.  He said it would be hard for him to explain to the residents of his subdivision why 28 lights were turned off so that we can help Chesterfield pay for beautification and landscaping of medians. 

Alderman Lembke said that he cannot support this under the current revenue problems.  City Administrator Kuntz said that when a casual observer goes down Clayton Road, there is a mutual benefit, but more to Ballwin because there is more population on the south side.  The medians are an improvement and they increase safety.  However, this is an improvement project that is located exclusively within the City of Chesterfield’s corporate limits.  He said this is a one-time, recommended, well spent expenditure because the medians cannot stay as they are.  Something must be done.  They will benefit Ballwin as much as they benefit Chesterfield.

Alderman Buermann said that there will be continued maintenance.  City Administrator Kuntz said yes, but the Board can agree to participate in the planning project, but not accept responsibility for the maintenance. 

A voice vote was taken to spend the money on a one-time basis for this project, with the following result:  Ayes:  Fleming, Suozzi, Terbrock.  Nays:  Robinson, Buermann, Lembke, Boerner.  The motion failed by a vote of 3 – 4. 

CITY ATTORNEY’S REPORT

Registered Sex Offender Lawsuit:  City Attorney Jones said that Judge Jackson entered a preliminary injunction.  She enjoined two of the four provisions of the law, and allowed two others to be enforced.  The defendants can require the registered sex offenders to post a sign at the residence saying no candy or treats on Halloween, and can also require that all residential lighting be turned off during the evening hours after 5:00 p.m. on Halloween.  He said the defendants cannot force the registered sex offenders to avoid all Halloween related activities with children or to remain inside between 5:00 p.m. and 10:30 p.m.  He said the Attorney General’s office immediately filed a notice of appeal.  Two provisions can be enforced and the other two cannot be enforced.  He said the City does not have an ordinance of its own.  Ballwin would handle this the same way it would investigate and enforce of any other State statute, which is to refer the matter to the prosecuting attorney of St. Louis County to determine if charged were appropriate. 

Alderman Boerner asked if Ballwin can enact its own ordinance.  City Attorney Jones said yes, but with this particular case and the procedural posture that it’s in right now, it’s not a good idea to do this until a State court has ruled on this.  He believes that after Halloween, there will be some jurisdiction that will cause charges to be filed, and an answer to the legislation surviving constitutional scrutiny.  He said Ballwin enacts ordinances that mirror State statutes. 

ALDERMANIC COMMENTS

Operating Budget meeting:  Alderman Buermann suggested continuing the Operating Budget discussion after the Board meeting to answer questions.  Mayor Young suggested the remaining 3 departments make their presentations at the continued session after this Board meeting, and then questions be asked at the November 10 meeting.  The Board agreed. 

Richland Meadows Speed limit:  Alderman Terbrock said that a moratorium should be mentioned in the ordinance for the one-year time period.  City Attorney Jones said that a new ordinance could be drafted but would have to be read twice.  The moratorium is regarding all speed limit changes for a 12-month period for all other streets.  The cleanest way is to do this separately. 

Alderman Terbrock said that he is sympathetic to the situation, however, he does not want to change the speed limit on Richland Meadows and do the study without the moratorium on other streets in Ballwin. 

Alderman Suozzi said that she supports one but not the other.  Alderman Fleming and Alderman Robinson agreed. 

A motion was made by Alderman Terbrock to re-draft the ordinance containing the moratorium instead of two separate ordinances.  The motion died for lack of a second.

A motion was made by Alderman Lembke and seconded by Alderman Terbrock to draft separate legislation containing a one-year speed limit moratorium on all other streets.  A voice vote was taken with the following results:  Ayes:  Suozzi, Lembke, Terbrock, Buermann, Boerner.  Nays:  Robinson, Fleming.  The motion passed by a vote of 5 – 2. 

Wind Power & conservation:  Alderman Lembke mentioned the wind power concept.  He distributed a pamphlet regarding energy conservation.  He said that the City of Chicago estimated that shutting down non-safety related services for 3 days this year and 3 more days in 2009 will save nearly $20 million. 

Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Robinson to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:11 p.m.

WALTER S. YOUNG, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR
MC