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Board of Aldermen Regular Meeting

Regular Meeting

Ballwin, MO · March 8, 2021

AgendaPacketMinutes

Minutes

DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes March 8, 2021 7:00 PM 1 GOVERNMENT CTR/ZOOM. BALLWIN, MO 63011 THE MINUTES ARE PREPARED IN SUMMARY TO REFLECT THE OVERALL DISCUSSIONS, NOT VERBATIM QUOTES. The meeting was called to order by Mayor Pogue at 7:00 p.m. ROLL CALL Present Absent Mayor Tim Pogue Alderman Mike Utt Alderman Michael Finley Alderman Kevin M. Roach Alderman Mark Stallmann Alderman Frank Fleming Alderman Jim Leahy Alderman Ross Bullington Alderman Raymond Kerlagon City Administrator Eric Sterman City Attorney Robert Jones MINUTES The Minutes from the February 22, 2021, Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Fleming and seconded by Alderman Finley to approve the minutes from the February 22, 2021 Board of Aldermen meeting as submitted. A voice vote was taken with unanimous affirmative result and the motion passed. The Minutes from the February 22, 2021 Board of Aldermen closed meeting were submitted for approval. A motion was made by Alderman Fleming and seconded by Alderman Kerlagon to approve the minutes from the February 22, 2021 Board of Aldermen meeting as submitted. A voice vote was taken with unanimous affirmative result and the motion passed. City of Ballwin- Board of Aldermen Meeting Minutes DRAFT March 8, 2021 1 DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes March 8, 2021 7:00 PM 1 GOVERNMENT CTR/ZOOM. BALLWIN, MO 63011 LEGISLATION_______________________________________________________________ BILL 4089 - AN ORDINANCE SETTING THE REAL ESTATE TAX RATE OF ZERO (0%) PERCENT IN THE CITY OF BALLWIN FOR THE FISCAL PERIOD BEGINNING JANUARY 1, 2021 AND ENDING DECEMBER 31, 2021. This ordinance sets the real estate tax rate at 0% in Ballwin for 2021. A motion was made by Alderman Fleming and seconded by Alderman Finley for a first reading of Bill 4089, title only. A voice vote was taken with unanimous affirmative result and Bill 4089 was read for the first time. Discussion: Alderman Fleming stated this is a significant piece of legislation and highlighted several items in this ordinance such as the city has maintained a zero percent tax rate for 34 years; this is something other communities do not do. This ordinance has to be passed every year. Alderman Fleming also gave credit to city staff who continue to successfully manage the budget and noted the zero real estate tax is a benefit to residents as well. Alderman Finley agreed with Alderman Fleming’s statements and thanked department heads and city staff, whose work through the years has made this possible. Alderman Roach shared that the three final statements of the ordinance were amendments he made in 2019 with the Board’s approval. A motion was made by Alderman Roach and seconded by Alderman Fleming for a second reading of Bill 4089, title only. A voice vote was taken with unanimous affirmative result and Bill 4089 was read for a second time. A roll call vote was taken for passage and approval of Bill 4089 with the following results: Ayes – Aldermen Finley, Roach, Stallmann, Fleming, Leahy, Bullington, Utt, Kerlagon Nays -- None. Bill No. 4089 was approved and became Ordinance No. 21-06 BILL 4090 - AN ORDINANCE AMENDING SECTION 15-480 (SCHEDULE E) OF ARTICLE XII OF CHAPTER 15 OF THE ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO NEW STOP SIGNS. This ordinance will add two new stop signs on Seawind Dr. A motion was made by Alderman Finley and seconded by Alderman Stallmann for a first reading of Bill 4090, title only. A voice vote was taken with unanimous affirmative result and Bill 4090 was read for the first time. Discussion: City of Ballwin- Board of Aldermen Meeting Minutes DRAFT March 8, 2021 2 DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes March 8, 2021 7:00 PM 1 GOVERNMENT CTR/ZOOM. BALLWIN, MO 63011 Alderman Roach stated he had some concerns with how the streets were labeled (Industrial instead of Seawind). City Attorney Jones clarified the purpose of the legislation. Alderman Roach asked Mr. Jones if the fact that the sign says Seawind is immaterial. Mr. Jones stated that after talking with the police department and once the signs are installed, they will have the desired affect. A motion was made by Alderman Roach and seconded by Alderman Finley for a second reading of Bill 4090, title only. A voice vote was taken with unanimous affirmative result and Bill 4090 was read for a second time. A roll call vote was taken for passage and approval of Bill 4090 with the following results: Ayes – Aldermen Finley, Roach, Stallmann, Fleming, Leahy, Bullington, Utt, Kerlagon Nays -- None. Bill No. 4090 was approved and became Ordinance No. 21-07 BILL 4091 - AN ORDINANCE AMENDING AND RETITLING THE ORDINANCE VIOLATION OF FAILURE TO SUPERVISE MINOR TO REFLECT “SOCIAL HOST ORDINANCE.” This ordinance will amend the current ordinance to Social Host Ordinance. A motion was made by Alderman Stallmann and seconded by Alderman Finley for a first reading of Bill 4091, title only. A voice vote was taken with unanimous affirmative result and Bill 4091 was read for the first time. Discussion: Alderman Roach had a question regarding the phrase “person or person responsible” contained in item two of section two. City Attorney Jones further clarified that this means whoever is in control of the property and that the language used was intentionally loose to give law enforcement the opportunity to investigate as to who is responsible; he also further explained the two changes which were made to the ordinance. Alderman Roach asked about what being held liable for costs means. Mayor Pogue asked Mr. Jones if Sunset Hills ever invoiced responsible parties for costs. Mr. Jones stated that was done as part of the sentence in cases and then further explained the penalty provision in the code. A motion was made by Alderman Stallmann and seconded by Alderman Fleming for a second reading of Bill 4091, title only. A voice vote was taken with unanimous affirmative result and Bill 4091 was read for a second time. A roll call vote was taken for passage and approval of Bill 4091 with the following results: Ayes – Aldermen Finley, Roach, Stallmann, Fleming, Leahy, Bullington, Utt, Kerlagon Nays -- None. Bill No. 4091 was approved and became Ordinance No. 21-08 City of Ballwin- Board of Aldermen Meeting Minutes DRAFT March 8, 2021 3 DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes March 8, 2021 7:00 PM 1 GOVERNMENT CTR/ZOOM. BALLWIN, MO 63011 CONSENT ITEMS____________________________________________________________ Administration – GeoTech Services – Police Department Discussion: Alderman Roach asked if the geo borings would only be done on our property or bank property as well. City Administrator Sterman responded that it would be only on our property which was previously acquired from the bank and anywhere affected by construction. A motion was made by Alderman Roach and seconded by Alderman Utt to approve staff’s recommendation. A voice vote was taken with unanimous affirmative result and the motion passed. Police – Watch Guard System Staff is recommending the purchase of an extended warranty for the Watch Guard System to keep it in reliable working order. Discussion: Alderman Roach asked Chief Schaeffler what the plan would be once the warranty is up in a year. Chief Schaeffler responded they would reevaluate and look for another warranty. A motion was made by Alderman Roach and seconded by Alderman Utt to approve staff’s recommendation. A voice vote was taken with unanimous affirmative result and the motion passed. Public Works – Concrete Slabs Staff is recommending awarding this unit price contract to the low bidder, M&H Concrete Contractors, not to exceed $937,630.00. Discussion: Alderman Roach asked if M & H Concrete is the same company we had last year. Public Works Director Jim Link responded we had Kelpe last year, but M & H the nine years prior. He also stated that, in 2019, there was a new crew and inspector which may have caused some issues, but those have been resolved. A motion was made by Alderman Roach and seconded by Alderman Utt to approve staff’s recommendation. A voice vote was taken with unanimous affirmative result and the motion passed. City of Ballwin- Board of Aldermen Meeting Minutes DRAFT March 8, 2021 4 DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes March 8, 2021 7:00 PM 1 GOVERNMENT CTR/ZOOM. BALLWIN, MO 63011 MAYOR’S REPORT__________________________________________________________ Mayor Pogue reported that St. Louis County Executive Sam Page has loosened Covid restrictions so Board of Aldermen meetings starting with March 22 will be in person. CITY ADMINISTRATOR’S REPORT___________________________________________________ City Administrator Sterman reported that Ballwin Days will be held but will be postponed until August 21. It is hoped that by waiting, some of the current Covid restrictions will be lifted and we would be able to have a more normal event. CITY ATTORNEY’S REPORT_________________________________________________ Nothing to report ALDERMANIC COMMENTS_________________________________________________ None A motion was made by Alderman Fleming and seconded by Alderman Finley to adjourn. The motion was passed by unanimous affirmative voice vote and the meeting adjourned at 7:27 p.m. ______________________________ TIM POGUE, MAYOR ATTEST: ____________________________________ POLLY MOORE, CITY CLERK City of Ballwin- Board of Aldermen Meeting Minutes DRAFT March 8, 2021 5

Agenda

BOARD OF ALDERMEN Meeting Agenda MARCH 8, 2021 7:00 PM 1 GOVERNMENT CTR/ZOOM BALLWIN, MO 63011 1. Call to Order 2. Roll Call 3. Approval of Minutes a. February 22, 2021 Board of Aldermen Meeting Minutes b. February 22, 2021 Board of Aldermen Closed Meeting Minutes 4. Legislation a. Bill 4089 – Zero Property Tax 2021 b. Bill 4090 – Seawind Stop Sign c. Bill 4091 – Social Host 5. Consent Items a. Administration – GeoTech Services – Police Department b. Police – Watch Guard System c. Public Works – Concrete Slabs 6. Mayor’s Report 7. City Administrator’s Report 8. City Attorney’s Report 9. Aldermanic Comments 10. Closed Session 11. Adjourn NOTE: Due to ongoing City business, all meeting agendas should be considered tentative. Additional issues may be introduced during the course of the meeting. CLOSED SESSION: Pursuant to Section 610.022 RSMo., The Board of Aldermen could, at any time during the meeting, vote to close the public meeting and move to closed session to discuss matters relating to litigation, legal actions, and/or communications from the City Attorney, as provided under Section 610.021(1) RSMo., and/or personnel matters under Section 610.021(13) RSMo., and/or employee matters under Section 610.021(3) RSMo., and/or real estate matters under Section 610.021 (2) or other matters as permitted by Chapter 610. This meeting of the Board of Aldermen will be conducted via Zoom. Please click the link below to join the webinar: https://zoom.us/j/96691122559 Or iPhone one-tap : US: +16465588656,,96691122559# or +13017158592,,96691122559# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 966 9112 2559 No comments will be taken from the public during the meeting. If you wish to submit comments, please submit them in writing to esterman@ballwin.mo.us no later than 5 p.m. on Monday, March 8. Any comments received will be read aloud into the record during the meeting. Comments must not contain vulgar language or exceed three minutes in duration. BOARD OF ALDERMEN Meeting Briefs MARCH 8, 2021 7:00 PM 1 GOVERNMENT CTR/ZOOM BALLWIN, MO 63011 MINUTES Enclosed, please find the Minutes from the February 22, 2021 Board of Aldermen Meeting and the February 22, 2021 Board of Aldermen Closed Meeting. LEGISLATION ______________________________________________________ BILL 4089 - AN ORDINANCE SETTING THE REAL ESTATE TAX RATE OF ZERO (0%) PERCENT IN THE CITY OF BALLWIN FOR THE FISCAL PERIOD BEGINNING JANUARY 1, 2021 AND ENDING DECEMBER 31, 2021. This ordinance sets the real estate tax rate at 0% in Ballwin for 2021. BILL 4090 - AN ORDINANCE AMENDING SECTION 15-480 (SCHEDULE E) OF ARTICLE XII OF CHAPTER 15 OF THE ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO NEW STOP SIGNS. This ordinance will add two new stop signs on Seawind Dr. BILL 4091 - AN ORDINANCE AMENDING AND RETITLING THE ORDINANCE VIOLATION OF FAILURE TO SUPERVISE MINOR TO REFLECT “SOCIAL HOST ORDINANCE.” This ordinance will amend the current ordinance to Social Host Ordinance. CONSENT ITEMS _________________________________________________________________________________________ Administration – GeoTech Services – Police Department Police – Watch Guard System Staff is recommending the purchase of an extended warranty for the Watch Guard System to keep it in reliable working order. Public Works – Concrete Slabs Staff is recommending awarding this unit price contract to the low bidder, M&H Concrete Contractors, not to exceed $937,630.00. MAYOR’S REPORT _________________________________________________________________________________________ CITY ADMINISTRATOR’S REPORT _________________________________________________________________________________________ CITY ATTORNEY’S REPORT ______________________________________________________ BOARD OF ALDERMEN Meeting Briefs MARCH 8, 2021 7:00 PM 1 GOVERNMENT CTR/ZOOM BALLWIN, MO 63011 ALDERMANIC COMMENTS ___________________________________________________________________

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