Board of Aldermen Meeting

Meeting Agenda

Meeting Minutes

RECORD OF PROCEEDINGS

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

The Pledge of Allegiance was given.

DISCUSSION ITEMS

BALLWIN DAYS

Mayor Jones asked if this expense is covered by Ballwin’s general liability policy. City Administrator Kuntz said that the general liability policy specifically excludes liquor liability related claims for which this policy is specifically targeted. The City pays about $2,000 per year for liquor liability insurance at the golf course/clubhouse, but this is because city employees are serving the liquor at the Golf Club facility, as an ongoing event.

Alderman Gatton said that a year ago, the Board agreed not to permit commercial vendors at Ballwin Days. He asked if this issue should be reconsidered in order to permit beer sales via a vendor who is able to supply liquor liability coverage for themselves and the City of Ballwin. Alderman McDowell said that beer sales should not be the vehicle that controls the whole festival. People are not coming to Ballwin Days just to drink beer. Allowing commercial vendors would change the whole character of the festival. This is why the Board decided not to allow commercial vendors.

Chairman Vincent suggested that since the survey results indicated that June is preferred over August for Ballwin Days, that it be permanently moved but held on the 4th weekend in June instead of the 3rd weekend so that there won’t be a conflict with the "Susan G. Komen Race For The Cure", which draws approximately 45,000 people. The Ballwin Days Walk/Run had to be cancelled this year due to lack of registrations and workers that participated in that run instead of the Ballwin Days run. The Board agreed.

Chairman Vincent said over 80% of the respondents to the survey said they wanted a 3-day festival. The Ballwin Days committee suggested 2 chairmen instead of 3, which will improve communications. City Attorney Lucchesi said this will require an ordinance to reflect this change in the number of co-chairmen.

Alderman Robinson said he is against reducing the co-chairmanships to 2. In the event of a dispute, there isn’t a third vote to break the gridlock. Chairman Vincent said the entire committee could cast a tie-breaking vote. Many decisions are made by the committee.

Mayor Jones and the Board agreed to allow the committee to implement their suggestions.

– Mayor Jones complimented the committee on the report and survey summary that was submitted. Alderman Easter asked about the Liquor Liability Insurance coverage. Ballwin Days Chairman Tim Vincent said that obtaining this type of insurance has become increasingly difficult to obtain. The current rate for this coverage may be $10,000. City Administrator Kuntz said it has been recommended that the vendor, the Jaycees, should obtain this coverage in its name and have Ballwin as a co-insured. It needs to be determined if it is economically feasible to serve alcoholic beverages at Ballwin Days. Mayor Jones said the liquor liability insurance could be made a part of the request for proposals. Alderman Suozzi asked if the Jaycees participate in any other events where they serve alcoholic beverages in order to obtain an annual liquor liability policy. Mr. Vincent said the Jaycees don’t participate in any other festival.

PERSONNEL RULES

Family Leave Act – Medical Leave

Vehicle Accident Policy

Bereavement Leave

Hepatitis Vaccinations

City Vehicle Take-Home Policy

Policy Manual Format

Sexual Harassment Seminar

: Alderman McDowell noted that the employees recently attended a sexual harassment seminar. He asked if this is going to be an annual program. City Administrator Kuntz said that there is a signature sheet indicating that the employee has read the manual. Alderman Robinson asked if this is in compliance with all local, state and federal laws. City Attorney Lucchesi said he hasn’t reviewed it to that extent but believes it is in compliance. City Administrator Kuntz said that none of the federally mandated guidelines were changed in any way. Alderman Buermann questioned the sexual harassment "at work" statement. He believes that "at work" should be eliminated because it is too limiting.: Alderman Anderson inquired about the bold and italic format from page 20 – 25. He didn’t see this in other sections. Human Resource Coordinator Morrison explained that this is to call this to the attention of the employees and department heads.: Alderman Easter inquired about the distance a vehicle could be taken home. City Administrator Kuntz said that all are employees who have this privilege live within the policy’s distance requirements.: Alderman Robinson inquired if life guards are required to get these shots. He said some individuals with certain religious beliefs sometimes ask to be excluded from this requirement. City Attorney Lucchesi said that lifeguards are not required to have these shots, but food handlers are by State law. An individual refusing the shot would have to be moved to a different position or discharged. The vaccination requirement is part of the job description for these positions.: Alderman Buermann questioned lowering the bereavement leave from 3 days to 1 day. City Administrator Kuntz said 3 days became the accepted standard leave time even if only a few hours was used, because the manual allowed for 3 days. The maximum of 6 days per year has not changed.: Alderman McDowell inquired about the vehicular accident policy. City Administrator Kuntz said the departments can set their own standards and as long as they are not inconsistent. They are allowed to impose more strict guidelines for certain procedures. There is an effort to treat every employee in every department as consistently as possible so that there isn’t discrimination.: Alderman McDowell asked if the City adopts the Family Leave Act for leave of absence. City Administrator Kuntz said yes. Human Resource Coordinator Morrison explained the relationship of the Family Medical Leave Act and Ballwin’s medical, and maternity leave policies. – City Administrator Kuntz briefly explained the overview of the changes in the Personnel Manual. He said this manual is reviewed periodically for consistency with State and Federal laws, interpretation, clarity, etc. The Manual has been reviewed by a personnel attorney who represents cities and is knowledgeable in the issues of labor negotiations. Other sections are mandated by federal law and nothing has been changed in those sections. He said the Personnel Manual is the Bible regarding employee conduct from hiring procedures to the end of a person’s career. It has been used in any actions that are taken resulting from infractions, it sets up when and how an employee can come before this Board to challenge an action; it holds the City as responsible as it does the employee. It’s a contractual arrangement and has been used extensively in day-to-day operations as well as serious issues. This isn’t an administrative document, it’s the City’s employment policy.

NEW BALLWIN ROAD UPDATE

– City Administrator Kuntz referred to the cost estimates for this road project provided to the Board for review. If there are no major objections, should staff continue with the dialog with Holy Infant regarding their suggestions? Mayor Jones asked where Ballwin is at in the process with the County of having the informational meeting. City Administrator Kuntz said the County was ready but Holy Infant proposed two new concepts. The neighborhood meeting is the next step. Mayor Jones expressed concern about the additional taking between Old Ballwin Road and Dennison, which would be the extension of Nancy Place. Alderman Gatton said there would be a concomitant partial closing of the curb cut on New Ballwin. It would be right turn only – no left turns at the entrance to the parking lot. Alderman Buermann said he has a problem with the addition because he doesn’t see how it would benefit Ballwin residents.

LOGO OPTIONS

A motion was made by Alderman Lembke and seconded by Alderman Robinson to adopt the newly presented logo. A voice vote was taken with 6 Yes votes, and 2 Nays (Aldermen Easter and McDowell voting no). The motion was declared passed.

– Alderman Lembke briefly presented the recommended logo. The criteria for the recommended logo was to be able to use it across all departments either as a stand-alone or in conjunction with the existing departmental logos. It should be suitable for use in either black and white or color, and can be used on business cards, letterhead, signs and vehicles, from very small to very large. The tag line "Bringing People Together" seemed more appropriate than "Ballwin Has It All", because Ballwin doesn’t have it all. An example is that there isn’t a movie theater in the City of Ballwin. Using The Barn At Lucerne and The Pointe ties the past with the present in the graphic.

ANNEXATION

Alderman Buermann expressed concern about the streets and infrastructure so that Ballwin can maintain the streets already in the Ballwin city limits.

Mayor Jones said he believes the moratorium should be removed effective January 1, and encourage the citizens to come forward. We don’t want to discourage annexation but each petition can be evaluated.

Alderman Gatton said that in the Spring, the Board voted 6 – 2 not to consider any annexation petitions. He asked what has changed in that time that the Board would now be willing to consider further annexations. Alderman Easter agreed and asked why this is being discussed since the date is not yet January 1. Alderman Lembke said the moratorium is not to act before January 1; it doesn’t mean that it cannot be discussed. Alderman Robinson said Olde Town Plaza is completed, cash flow is better, and since some of the problems anticipated didn’t occur, focus can be put on annexation. Alderman Gatton asked what the benefit is to the City to continue annexations. He said that every time an annexation has been done, it cost a lot more money than anticipated and the City had a negative cash flow as a result. He asked how this is a benefit to the City. Alderman Buermann said every time there is an annexation, there is going to be something unseen at the time that will cost more to the City. An annexation project is a time consuming process, and the Board didn’t have the time in the past. Alderman Robinson said that for the City to say that we are not going to grow past these lines is a big mistake. He said his understanding of a moratorium on annexation is saying that we are going to take care of the business we have now before taking on new business. It is a temporary delay.

Alderman Gatton said in an annexation, it costs the City substantial amounts of money to bring the streets up to current standards. As stated in Parks Director Bruer’s reports a year or two ago, every time Ballwin has done an annexation, the revenues from the athletic facility has gone down because people who were non-residents using our facilities are now residents using the facilities. There is a negative revenue impact on the recreational facilities every time an annexation takes place in Ballwin. There are costs to the City to do an annexation and he asked what are the offsetting benefits. He said the City should not state that we are ready to accept petitions for annexation if we don’t give them the criteria for acceptance. This Board is nowhere near being able to say what the criteria to accept petitions is.

Alderman Easter said that the citizens should be told that after January 1, we will look at their petitions. Mayor Jones said that by January 1, we will have gotten through an entire calendar year, another budget session, and will be ready to start looking at these things again. Distinct criteria doesn’t have to be developed at this time. Alderman Easter said annexations should be considered one at a time before more annexations are considered. As long as street repairs in the City of Ballwin are not deterred, she has no problem with annexation. If annexation takes place and takes away some of the money that’s already in the budget or would be in the budget for existing services for the existing City of Ballwin, she would be opposed to the annexation.

City Administrator Kuntz said that annexations also must meet the Boundary Commission’s criteria. All that is being asked at this time is, do you want the moratorium to continue or do you want it to expire. Mayor Jones said that if no one makes a motion to continue the moratorium, it will expire and be lifted.

– Mayor Jones said Ballwin currently has a moratorium on annexations that will expire at the end of the year. The decision needs to be made whether or not to continue in this manner, work on a particular area, stand aside and let the citizens bring their requests to the Board, or a combination of these. Mayor Jones said that a recommendation has been made that a moratorium be declared each time an annexation petition is pending. He asked for an explanation of this. City Administrator Kuntz said that when an annexation has been approved, until the City makes the service delivery adjustments, future submissions should be staggered. Before another annexation be taken on, the City needs to see what impact the previous annexation has had on providing services so that services levels can be maintained before new obligations are taken on. The only plan the City is locked into is the 5-year plan submitted to the Boundary Commission. City Administrator Kuntz suggested that the moratorium not be extended into 2003 and that Ballwin will consider annexation proposals based on their merit, resident interest and viability with the Boundary Commission. This gives the most flexibility. It’s difficult to make a plan. It should be on a case-by-case basis.

ADJOURN

A motion was made by Alderman McDowell and seconded by Alderman Easter to adjourn. The motion passed unanimously and the meeting was adjourned at 8:55 p.m.

Robert E. Jones, Mayor

ATTEST:

Robert A. Kuntz, City Administrator

MC