The Pledge of Allegiance was given.

The Minutes of the November 8, 2004 Operating Budget Work Session were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Gatton to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

The Minutes of the November 8, 2004 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Gatton and seconded by Alderman Robinson to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.

Barbara and Bob Underwood, representing the Parkway School District, said the District was formed in 1954 and is celebrating its 50^th anniversary.  She presented a print by John Pils to Mayor Jones recognizing the 50^th anniversary of the Parkway School District.  She thanked the Board for helping to make Parkway the exceptional school district that it is today. 

None.

Dan Nester, partner at Bryan Cave LLP and attorney representing Ron Hopper:  Mr. Nester requested that Bill # 3322 and #3323, which are Mr. Hopper’s applications for the 140 Holloway Road project, not be voted upon this date, and be continued to the December 13 meeting.  He said they are working on the changes requested by the Board, but have not yet completed these items.  He said the requested changes will be completed by December 13. 

Mayor Jones agreed to place Bill # 3323 and #3323 on the December 13, 2004 Board meeting agenda for discussion.

Robert Conley:  Mr. Conley spoke about securing a left turn lane in front of his house at the Kehrs Mill / Clayton intersection.  He said he told MoDOT about the dangerous situation at this intersection.  In August, a representative from MoDOT told him that a left turn lane will be installed in November.  He then spoke about subdividing his large lot and build a home.  He said a plan has been submitted.  MoDOT agreed that this plan was perfect for the corner lot. 

Mayor Jones said that the Planning & Zoning Commission tabled Mr. Conley’s petition pending his working out the issues with the Claymont Subdivision Trustees.  He explained to Mr. Conley that the Board cannot consider the proposal, since it has never been voted on by the Planning & Zoning Commission.

Bill Robertson, Streiff Lane:  Mr. Robertson said he is opposed to passing a law that makes smoking illegal.  He said that this is taking another “right” away from people.  Ballwin should not be allowed to accept revenue from tobacco sales if they cannot smoke in Ballwin.  He said the Board of Aldermen is wrong in trying to make citizens stop smoking when many of them have done this almost all of their life. 

Roy Schlumpberger, 112 Holloway:  Mr. Schlumpberger said he is the president of Kehrs Mill Crossing Condominium Association.  He said he has a problem with the 6 inch thick driveway pavement in the right-of-way.  The condos were built with 4-inch slabs and the association is in the process of replacing some of the slabs.  Half of the driveway has 6 inches of concrete and half with 4 inches of concrete.  He said this does not make sense.  If he parks his car and the back wheels are on a 6-inch slab and the front wheels are on a 4-inch slab, this is not acceptable.  He said this is not a legitimate regulation.  Mayor Jones said this is a decision of a code enforcement official and said he can file a petition for a variance appeal from that process and go before the Board of Adjustment. 

BILL # 3322 - AN ORDINANCE APPROVING THE MXD SITE PLAN OF HOLLOWAY KEHRS MILL CROSSING SUBDIVISION IN THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.

BILL # 3323 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR HOLLOWAY KEHRS MILL CROSSING SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.

Mayor Jones said that Bill # 3322 and #3323 have, at the request of the petitioner, been placed on the December 13, 2004 Aldermanic agenda for discussion.

BILL # 3326 - 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-1 SINGLE FAMILY DWELLING DISTRICT TO R-3 SINGLE FAMILY DWELLING DISTRICT.

A motion was made by Alderman Buermann and seconded by Alderman Gatton for a first reading of Bill No. 3326.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3326 was read for the first time.

Mayor Jones said this matter came before the Planning & Zoning Commission on November 1, 2004.  The commission members present voted 7-2 to recommend rejection of the zoning district change from R-1 to R-3.  The petitioner then withdrew the petition for the subdivision plat approval.  It was not considered by the Planning & Zoning Commission.  The two votes against recommending rejection were from the Mayor and the aldermanic representative.  He said his thoughts at that time were that the particular proposal, which was a 5-lot subdivision, by the time the necessary utilities were acquired, detention and access would not have allowed for five homes.  He thought it would be better to recommend approval and see what happened once the plan came before the Board.  This is not what the Planning & Zoning Commission decided to do.  If the Board considers this after a second reading, it would require a 2/3 super majority of this Board to approve it because it received a negative recommendation from the Planning & Zoning Commission. 

Alderman Gatton said the key to this is the plan that the Board was shown involved a five-lot development with a cul-de-sac at the end which was going to be in close proximity to another cul-de-sac.  Our ordinances require that when we have this kind of situation, that the cul-de-sacs be eliminated and the streets joined.  This is not optional.  The code says that this is what it must be.  The existing cul-de-sac is labeled temporary because it was always intended that the adjoining property would be developed, the cul-de-sac eliminated, and the street extended.  When the street connection is put in, it changes the possible lot descriptions and we most likely would have ended up with only four units being built instead of the five being requested.  He said there were concerns from some of the neighboring residents who felt that the new lots should be of a larger size than proposed even though they were also R-3.  He said an R-3 development has to be a 10,000 square foot lot or larger.  The plat submitted showed 10,000 square foot or larger lots, many of the neighboring lots, although R-3, are larger. 

Mayor Jones said that Bill # 3326 is an alternative two-lot development of the same tract of ground.  He asked Mr. Nick D’Amato, what does the property owner want Ballwin to do with this particular tract of ground since there appears to be two conflicting proposals.

Mr. D’Amato said asked that Bill # 3326 be tabled at this time.  A new 3-lot layout has been submitted to the Director of Planning.  He asked that the 3-lot layout be considered.  Mayor Jones asked how the Board can consider Bill # 3318 with regard to D’Amato Subdivision, which is a 2-lot configuration.  Mr. D’Amato said that the 2-lot plan enables the developer, Majestic Homes, to one home before the 3-lot subdivision is approved. 

Alderman Gatton said that the plat that the Board was shown for the 2-lot version, showed a driveway coming off of the temporary cul-de-sac.  This is not what the ordinance contemplates. 

Mr. D’Amato said that there is no longer any plan to construct a street off of Ries Bend Road.  There will be two lots each of which will front on Ries Bend.  They will have the necessary frontage and two of the three lots would be very large, 30,000 square feet and 28,000 square feet.  He said he has given up on the idea of bringing the road all the way through. 

Mayor Jones said that Bill # 3326 has been read once, and as long as it is not read a second time, it is effectively tabled.  That can be done as the petitioner has suggested and be discussed at the next meeting. 

Alderman McDowell said that the latest plan now being discussed is a radical deviation from the original plan.  Mayor Jones said that both lots front on Ries Bend, and this is different than the plan considered for D’Amato Subdivision.  He said Bill # 3318 cannot be considered because it has to do only with the 2-lot subdivision that was accessed from the other end.  This is what the Planning & Zoning Commission looked at and recommended to the Board.  He said that Bill # 3318 cannot be considered except in the manner that it was proposed and recommended to the Board from the Planning & Zoning Commission.  Mr. D’Amato said that is exactly what he is asking, that Bill # 3318 be passed in its original form. 

Mayor Jones asked Assistant City Administrator Aiken if he has seen a revised version of Bill # 3326.  Assistant City Administrator Aiken said that the proposal is going to take the big lot that Bill # 3318 would create and subdivide it.  The lot being created by Bill # 3318, the eastern end of the property would be retained as a lot and it is basically subdividing the other large lot that is being created on the site.  Bill # 3318 could be approved and then the petition that is going to go before the Planning & Zoning Commission will re-subdivide one of the lots that #3318 established into 2 smaller lots.  All three of the lots would be substantially larger. 

Alderman Lembke said if Bill # 3318 creates 2 lots and one in the back toward the existing temporary cul-de-sac, and then come back and re-subdivide the western lot that faces Ries Bend into lots, building 2 houses and their already-existing driveways will be directly out to Ries Bend, he asked where is Mr. D’Amato planning to get access for the third home in the back.  Mr. D’Amato said this would be from a driveway off of the cul-de-sac.  He said there is enough frontage on a dedicated street to comply with the frontage requirement. 

Alderman Lembke asked if this is an attempt to circumvent the idea of having a temporary cul-de-sac that was built years ago with the intention that should anything be built and attached to it, would the cul-de-sac be taken out.  He said one of the major concerns was that the residents didn’t want the cul-de-sac pushed through or the road going through.  He said he is very concerned about this. 

Alderman McDowell said that the two lots are going to abut to each other on the split.  Mayor Jones said that at this point in time, the Board should discontinue talking about Bill # 3326.  The petitioner does not want the Board to consider it.  He said discussion should now be on Bill # 3318 only.

BILL # 3318 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR D’AMATO SUBDIVISION AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.

Mayor Jones said the Planning & Zoning Commission recommended approval of this 2-lot proposal.  He said if the parcel is considered as a whole, it will be divided into 3 lots in two stages.  Mr. D’Amato said doing this in two stages is because it solves all of the problems and he has an okay for this.  There has been a contract on the back lot for a couple of months, if he gets it divided.  He wants to continue with this and none of the neighbors have a problem with the one lot in the back.  He said it solves the problem with the driveways.  The division of the front is a new proposal.  He said he is not trying to get around anything.  Mr. D’Amato said this also stops the proposal of the road going through and solves everyone’s problems. 

Alderman Suozzi said that she is confused about the road being stopped from going through.  The road needs to go through.  Mr. D’Amato said only if a cul-de-sac is going to be put in, if he divides up a subdivision that justifies this. 

Mayor Jones asked for a motion for a first reading of Bill # 3318.

A motion was made by Alderman Lembke and seconded by Alderman Gatton for a first reading of Bill No. 3318.   A voice vote was taken with a result of 7 yes votes, and Alderman McDowell voting Nay.  The motion passed.  Bill No. 3318 was read for the first time.

Alderman Lembke said that approving Bill # 3318 will make a non-conforming temporary cul-de-sac at the end of Dickens Farm permanent .  Alderman Lembke said he doesn’t want to permanently saddle the City with a sub-standard temporary cul-de-sac.  Would it be better planning practice to require that the temporary cul-de-sac be removed at this point and bring it to a dead end with a driveway?  Assistant City Administrator Aiken said a temporary cul-de-sac allows emergency vehicles, snow plows and trash trucks to turn around.  If it was a dead end, they would have to back out.  A temporary nonconforming cul-de-sac is better than no cul-de-sac. 

Alderman Gatton asked how this temporary cul-de-sac differs from our standards for a permanent cul-de-sac.  Assistant City Administrator Aiken said the wings of the cul-de-sac are smaller and are not in the publicly dedicated right-of-way.  These are easements in the front yards of the adjoining properties.  Right now the wings of the cul-de-sac are 8 feet from their front door. 

Alderman Lembke asked what are the negatives of this temporary cul-de-sac.  Assistant City Administrator Aiken said the downside is that the cul-de-sac is too small for some larger vehicles to turn around and the houses are too close to the road, closer than they would normally be allowed.  The positive is that because it’s a cul-de-sac, there isn’t any thru traffic.  He said it was built to look permanent and it looks like it belongs there. 

Alderman Robinson said he is concerned that the temporary cul-de-sac becoming permanent sets a precedent for future sub-standard cul-de-sacs.  Alderman Fleming asked what was the Planning & Zoning vote on this and did they discuss the non-conforming aspect of the cul-de-sac.  Alderman Gatton said the aspects of the road was discussed when Bill # 3326 was considered.  Alderman Robinson said the revised plan was not considered in the Planning & Zoning meeting, therefore, they should not be held to their prior discussion.  Alderman Gatton said the plan to subdivide the new lot being created was not presented to the Planning & Zoning Commission.  To pursue that, they will still have to go through Planning & Zoning.  Approving the original plan that was presented to Planning & Zoning to divide the existing lot into two pieces, did not include a road being built on the property.  The status of the cul-de-sac was not considered because the only change was a driveway being added. 

Alderman McDowell said that Bill # 3318 contains a simple access that any other property adjacent to this cul-de-sac has.  It does not create a non-conforming cul-de-sac, and it has an irregular access to the main road. 

Alderman Gatton said he agrees with Mayor Jones that Bill # 3318 should be considered on its original merits.  The second subdivision proposal will have to go through the review process and will be evaluated on its own merits.  He suggested that the Board vote on Bill # 3318 as it is presented and as recommended favorably to the Board by the Planning & Zoning Commission.

Alderman Fleming said that the temporary cul-de-sac is legally non-conforming and the petitioner has a right to access off of it.  The cul-de-sac cannot be made larger.  Mayor Jones said that the reason this is a temporary cul-de-sac is because the subdivision ordinance anticipated the development of the property adjacent in a more dense fashion that what is being proposed.  Alderman Robinson said the Board should reconsider this because by accepting the 2-lot development, we are accepting the temporary cul-de-sac as permanent.  Mayor Jones said it will be developed with less density.  Alderman Robinson said the smaller permanent cul-de-sac is prohibited by Ballwin’s code.  Mayor Jones said that Mr. D’Amato has a parcel of land and a subdivision plat that meets the requirements of the ordinances with access.  He said the Board does not have any choice but to approve it. 

Alderman Robinson said that by approving Bill # 3318, the Board will be approving a temporary cul-de-sac.  Alderman McDowell said the Board would be agreeing to provide access.  Alderman Robinson said that the City Attorney would also agree, if he was present, that this will become a permanent cul-de-sac.  Mayor Jones agreed that it will become permanent.  Alderman Robinson said that as a Board, we must be prepared to accept a situation later on of accepting non-conforming cul-de-sacs.  Mayor Jones said that a precedent is not being set by accepting this. 

Alderman Lembke asked Assistant City Administrator Aiken, if Mr. D’Amato was going to build a house on this property, and he built the house in such a way that he could put a driveway onto the current non-conforming cul-de-sac, would the Board have the right to say no?  Assistant City Administrator Aiken said because Mr. D’Amato has property that fronts on that public roadway, he has a right to access off of the roadway even if it has less than the minimum frontage that would normally be required, as long as there is enough room to put in access or a driveway.  It would not be acceptable to put in a road to connect two houses or for a second driveway.  If Mr. D’Amato wanted to split the lot in half and have two driveways, this would not be allowed. 

Assistant City Administrator Aiken said this will become a permanent non-conforming cul-de-sac.  It will become land locked because there will be no room to make it bigger or extend it. 

Alderman Robinson asked City Engineer Kramer how he feels about the smaller cul-de-sac.  City Engineer Kramer said that all cul-de-sacs take more time to clear of snow.  The Public Works crews have cleared snow from all cul-de-sacs in the past and will continue to do so.  City Administrator Kuntz said that there are other cul-de-sacs in Ballwin similar to this one. 

A motion was made by Alderman Pogue and seconded by Alderman Lembke for a second reading of Bill No. 3318.  A voice vote was taken with a result of 6 yes votes, and Aldermen Robinson and Suozzi voting Nay.  The motion passed.  Bill No. 3318 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3318 with the following results:  Ayes –Pogue, Fleming, Lembke, Buermann, Gatton, McDowell.    Nays – Aldermen Robinson and Suozzi.  Whereupon Mayor Jones declared Bill No. 3318 approved and it became Ordinance No. 04-46.

BILL # 3327 - AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO COMPENSATION OF MUNICIPAL JUDGES.

A motion was made by Alderman Lembke and seconded by Alderman Gatton for a first reading of Bill No. 3327.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3327 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3327.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3327 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3327 with the following results:  Ayes – Aldermen Robinson, Lembke, McDowell, Suozzi, Fleming, Buermann, Gatton, Pogue.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3327 approved and it became Ordinance No. 04-47.

BILL # 3328 - AN ORDINANCE ESTABLISHING A REVISED INVESTMENT POLICY OF THE CITY OF BALLWIN.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3328.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3328 was read for the first time.

Alderman Gatton said that CDARS is not included in Section 8.0 (Authorized and Suitable Investments).  Assistant City Administrator Kuntz said this will be added as proposed.  It is included in Section 10.0. 

A motion was made by Alderman McDowell and seconded by Alderman Robinson to add CDARS to Section 8.0 (Authorized and Suitable Investments).  A voice vote was taken with a unanimous affirmative result and the motion was declared passed. 

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3328, as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Amended Bill No. 3328 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3328 with the following results:  Ayes – Aldermen Robinson, McDowell, Pogue, Suozzi, Gatton, Lembke, Fleming, Buermann.  Nays – None.  Whereupon Mayor Jones declared Bill No. 3328 approved and it became Ordinance No. 04-48.

All three consent items were moved to the City Administrator’s report for further discussion at the request of Aldermen McDowell, Buermann, and Fleming.

Future Meetings:  Mayor Jones said the December 27 Board of Aldermen meeting has been cancelled. 

Board / Commission Appointments:  Mayor Jones said aldermanic nominations are solicited to fill positions on the Fine Arts Commission and Historical Commission.  City Attorney Lucchesi provided written communication regarding residents and non-residents serving on the Historical Commission.  He said that since the Historical Commission has Planning & Zoning duties, this commission has to be treated differently.  The Commission is included in the Ballwin Comprehensive Plan regarding the preservation of historic buildings and the use of historic property.  For this reason, City Attorney Lucchesi has expressed that the commission members must be residents.  Since City Attorney Lucchesi is not attending this meeting, Mayor Jones deferred further discussion on this matter until the December 13 Board meeting.

Zhivago’s Restaurant Special Use Exception Transfer:  Mayor Jones said a request has been received from Mr. Viacheslav Platonov, the current holder of the S.U.E. for Zhivago’s Restaurant, to transfer the S.U.E. to Mr. Alexander Kourbatov. 

A motion was made by Alderman McDowell and seconded by Alderman Gatton to transfer the Zhivago’s Restaurant Special Use Exception as requested.  A voice vote was taken with a unanimous affirmative result and the motion was passed.

Alderman Gatton said a liquor license is involved in relation to Zhivago’s.  He asked if this is also going to be transferred.  Assistant City Administrator Aiken said that the liquor license is not transferable and the new owner will have to apply for a new liquor license which will come before the Board of Aldermen for approval.  Since the last Board meeting this year is December 13, the new owner will have to submit the application prior to that meeting in order to be considered for Board approval in 2004.

Batter’s Up Special Use Exception Transfer:  Mayor Jones said this is a request to transfer Batter’s Up from Star McKay to John Houston

A motion was made by Alderman Lembke and seconded by Alderman Buermann to transfer the Batter’s Up Special Use Exception as requested.  A voice vote was taken with a unanimous affirmative result and the motion was passed.

Annexation:  Mayor Jones said that the St. Louis County Boundary Commission will meet on January 25, 2005 at 6:30 p.m. at the Commission Office on the 8^th floor of the St. Louis County Government Center at 41 South Central, to consider Ballwin’s southwest proposal, as well as the Wildwood and Ellisville annexation proposals which overlaps slightly with Ballwin’s.  This will be a work session and they will hopefully vote, according to the chairman, and findings will be issued. 

Alderman Gatton asked when is the last day the Election Board will accept paperwork for ballot issues for the April 5, 2005 election.  City Administrator Kuntz said that the deadline for ballot issue certification with the Election Board is January 25, 2005 at 5:00 p.m.  Anything submitted after that date and time will not be accepted by the St. Louis County Election Board for the April 5 ballot.

Bunker Renovations:  City Administrator Kuntz said this involves specialized grading work that is only done by a few local contractors.  Both of the companies that bid on the project have done work for the City in the past.  The Schaefer-Meyer proposal is the least expensive of the two bids and is recommended by the Golf Course Superintendent.

Alderman Fleming is concerned that even though three bids were solicited for this work, only two responded.  He asked if this could be re-bid in an attempt to receive three bids.  City Administrator Kuntz explained that golf course grading is not like asphalt paving or some of the other services that have a wealth of competition.  The funds are budgeted for this project and taking advantage of the time of year enables us to get a better price.  Rebidding does not assure additional bids and could result in a higher price because of weather and seasonal demand issues.

Alderman Fleming asked who the third party was that did not submit a bid.  Director of Parks and Recreation Bruer said the company name is Muni, and it is a golf course grading company located in southern Illinois.  The Golf Course Superintendent John Hawkins contacted all three prospective bidders to see if they were interested in bidding.  All three said they were going to bid.  When the bids came in and the bid deadline was reached, there were only two bids submitted.  She said Muni has done work for our golf course in the past.  We require prevailing wages, prior performance bond, and bid bond.  She said some of the smaller contractors don’t bid because they don’t want to be involved with all of the requirements.

Director or Parks and Recreation Bruer said that this was a bid only for labor.  We would purchase the materials separately to save money by avoiding the mark up.

Alderman Fleming asked how the budget price of $17,000 was determined for this project.  Parks Director Bruer said that a contractor came to the golf course, took the measurements, and gave a rough estimate.  The Golf Superintendent then called other golf courses to determine what they paid for materials, drain tile, sod, soil, sand, etc. for similar work.  City Administrator Kuntz said that we don’t want to under-budget the project.  If this project is bid in the Spring, and there are 6 or 8 other golf courses that are also bidding work before Memorial Day, the true start of the golf season, we are going to pay a higher price because there is more demand and the same supply.  He said this is a good time of the year for this work because it is off-season for the contractors, and we are not conflicting with much golf play.  The bids can be rejected and the work placed in next year’s budget.  The price of the project next year could be higher.  The current numbers are under budget.  City Administrator Kuntz said the department heads are aware and trying to get at least 3 competitive bids on all projects. 

Alderman Robinson asked Parks Director Bruer if she recommends the Board accept this bid.  She said yes. 

A motion was made by Alderman Robinson and seconded by Alderman Pogue to accept the bid from Schaefer-Meyer for the golf course bunker renovations.  A voice vote was taken with 6 Aldermen voting Yes, and Aldermen Fleming and McDowell voting Nay.  The motion passed with a vote of 6-2.

Policy Manual Changes:  Cash Reserves:  Alderman Buermann asked if the proposed policy will set the reserve fund in the Operations Budget be set at 15% at the start of each fiscal year or at 15% at the end of the year.  City Administrator Kuntz said the current policy is that it will be 15% at the end of the year.  He said that he gathered from Board conversation, that this was a meaningless benchmark, that it should be set as the Board is adopting the budget for next year.  This is why he changed it to the beginning of the year to reflect those comments.  He said Mayor Jones made the point that it would be more meaningful and appropriate at the beginning of the year as opposed to the end of the year. 

Alderman Buermann said that the operating reserve fund has never been a goal or an aspiration; it has always been a benchmark.  He said 10% is only 5.2 weeks to keep the city running.  That’s very tight.  The fund used to be 25%, and then went down to 15%.  He said this should be a goal and the City needs to have reserves and they should be clearly stated.  Mayor Jones said that when the department heads are proposing the budget, they should keep in mind that 15% unencumbered cash reserve should be built into the revenue and expenditure projections.  He said this is a tool around which to plan the budget, and only if we plan for a 15% reserve will we ever have a chance of achieving it. 

City Administrator Kuntz said that the reality of the budget situation and the language of the policy were in conflict.  Rather than leave that discrepancy, it was suggested that the policy be amended.  The discussion was to try to capture that philosophy and reflect it in the new policy.  He said this will be reviewed every year as part of the budgeting process. 

A motion was made by Alderman Robinson and seconded by Alderman Lembke to amend the current policy in Section 5-1, “Operation Budget – Cash Reserves”.  A voice vote was taken with 7 Yes notes, and Alderman Buermann voting Nay.  The motion passed by a vote of 7 – 1.

Subdivision Street Acceptance:  City Administrator Kuntz said this is regarding the streets in Remington Place, Hallmark Place, Covenant Place, and Barker Estates Subdivisions.  Alderman McDowell asked what needs to be completed on these subdivision streets before the escrow can be released.  City Engineer Kramer said that in Remington Place Subdivision, the issues are the retaining wall and retention basin.  The originally proposed walkway to the west has not been restored.  Escrow money is being used for this. 

City Administrator Kuntz said that sometime ago, the Board was presented with a suggestion for a more vigorous policy on utilization of the escrow funds to get compliance and closure.  He said Assistant City Administrator Aiken has been doing this.  Snow plowing becomes an issue and there are sufficient escrow funds for the non-street related items. 

A motion was made by Alderman Buermann and seconded by Alderman Lembke to accept the streets and sidewalks for city maintenance in Remington Place, Hallmark Place, Covenant Place, and Barker Estates Subdivisions.  A voice vote was taken with 7 Aldermen voting yes and Alderman Fleming voting Nay.  The motion passed 7-1. 

Excavation Permits:  City Administrator Kuntz said this is part of the ongoing effort to consider cost vs. revenues.  When there is an excavation onto a public right-of-way, a permit is needed.  City Engineer Kramer is recommending that the price of the permit be increased to more accurately reflect the City’s cost.  Mayor Jones asked if the increase must be placed on the ballot.  City Administrator Kuntz said that the last time there was an increase, it was done by ordinance.  He said he will verify this with City Attorney Lucchesi.  Mayor Jones said he doesn’t think it needs to be a ballot issue. 

A motion was made by Alderman Lembke and seconded by Alderman Gatton to draft legislation to increase the Excavation Permit fee from $15 to $30 to reflect the actual cost to the City.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Closed Session:  City Administrator Kuntz suggested postponing the closed session to discuss real estate until City Attorney Lucchesi is present.  The Board agreed.

Employee Recognition:  City Administrator Kuntz complimented Administrative Assistant Marie Clark on the preparation of the Board Meeting packets.  He said the packets are very organized and user friendly.  The Board agreed and expressed their appreciation.

None.

Citizens’ Road Committee:  Alderman Gatton said the Citizen’s Road Committee that is studying the New Ballwin Road development issue met approximately one week ago.  There were 40 people in attendance.  The committee is going to attempt to put together a synopsis of the thoughts of the citizens and present this to the Board for consideration, should the Board elect to pursue redevelopment of New Ballwin Road.

CERT Program:  Alderman Gatton said the CERT program recently had an exercise at Maritz.  There were about 140 attendees for the all-day session.  He highly recommended the CERT program to the citizens of Ballwin.

 Public Health & Safety Committee:  Alderman Robinson reported that the committee met on this date prior to the Board meeting.  By a 3-1 vote, the committee agreed to have a new proposed legislation prepared and be submitted to the Board for consideration.  The suggestions presented in the committee meeting will be forwarded to City Attorney Lucchesi for preparation of the new draft legislation.

Financial Retreat:  Alderman Buermann said since there will be a Board of Aldermen Financial Retreat in January, he asked for feedback about outside help for this meeting related to revenue enhancement and how to present this to the community. 

Arts Festival:  Alderman Lembke thanked the Board and Staff for their participation at the Arts Festival and Silent Auction.  The goal is to raise enough money on outside activities in order to purchase a piece of sculpture for an appropriate location in the City of Ballwin. 

Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Gatton to adjourn.  A voice vote was taken with a unanimous affirmative result and the meeting was adjourned at 8:42 p.m.

MC