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Board of Aldermen Regular Meeting

Regular Meeting

Ballwin, MO · July 27, 2020

AgendaPacketMinutes

Minutes

DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes JULY 27, 2020 7:00 PM 1 GOVERNMENT CTR. BALLWIN, MO 63011 THE MINUTES ARE PREPARED IN SUMMARY TO REFLECT THE OVERALL DISCUSSIONS, NOT VERBATIM QUOTES. The meeting was called to order by Board President Frank Fleming at 6:58 p.m. ROLL CALL Present Absent Mayor Tim Pogue (family obligation) Alderman Mike Utt (family obligation) Alderman Michael Finley Alderman Kevin M. Roach Alderman Mark Stallmann Alderman Frank Fleming Alderman Jim Leahy Alderman Ross Bullington Alderman Raymond Kerlagon City Administrator Bob Kuntz City Attorney Kate Henry MINUTES The Minutes from the June 22, 2020, Board of Aldermen meeting were submitted for approval. A motion was made by Alderman Stallmann and seconded by Alderman Bullington to approve the minutes from the June 22, 2020 Board of Aldermen meeting. A voice vote was taken with a unanimous affirmative result and the motion passed. The minutes from the June 22, 2020, Board of Aldermen closed meeting were submitted for approval. A motion was made by Alderman Bullington and seconded by Alderman Stallmann to approve the minutes from the June 22, 2020 Board of Aldermen closed meeting. A voice vote was taken with a unanimous affirmative result and the motion passed. City of Ballwin- Board of Aldermen Meeting Minutes DRAFT JULY 27, 2020 1 DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes JULY 27, 2020 7:00 PM 1 GOVERNMENT CTR. BALLWIN, MO 63011 LEGISLATION_______________________________________________________________ Bill 4065 – AN ORDINANCE ACCEPTING FRED KEMP COURT FOR PUBLIC MAINTENANCE AS PROVIDED FOR IN THE CODE OF ORDINANCES OF THE CITY OF BALLWIN. A motion was made by Alderman Roach and seconded by Alderman Leahy for a first reading of Bill 4065, title only. A voice vote was taken with unanimous affirmative result and Bill 4065 was read for the first time. In discussion of Bill 4065: None A motion was made by Alderman Stallmann and seconded by Alderman Bullington for a second reading of Bill 4065. A voice vote was taken with unanimous affirmative result and Bill 4065 was read for a second time. A roll call vote was taken for passage and approval of Bill No. 4065 with the following results: Ayes – Aldermen Finley, Roach, Stallmann, Fleming, Leahy, Bullington, Kerlagon Nays -- None. Bill No. 4065 was approved and became Ordinance No. 20-13 Bill 4066 - 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 A NEW STOP SIGN. A motion was made by Alderman Finley and seconded by Alderman Roach for a first reading of Bill 4066, title only. A voice vote was taken with unanimous affirmative result and Bill 4066 was read for the first time. In discussion of Bill 4066: Alderman Finley asked if comments or concerns had been voiced by Ballwin Manor or citizens; City Administrator Bob Kuntz replied that none had been received. Alderman Finley stated he had not received any either. A motion was made by Alderman Roach and seconded by Alderman Finley for a second reading of Bill 4066. A voice vote was taken with unanimous affirmative result and Bill 4066 was read for a second time. A roll call vote was taken for passage and approval of Bill No. 4066 with the following results: City of Ballwin- Board of Aldermen Meeting Minutes DRAFT JULY 27, 2020 2 DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes JULY 27, 2020 7:00 PM 1 GOVERNMENT CTR. BALLWIN, MO 63011 Ayes – Aldermen Finley, Roach, Stallmann, Fleming, Leahy, Bullington, Kerlagon Nays -- None. Bill No. 4066 was approved and became Ordinance No. 20-14 Bill 4067 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO NETWORK REAL ESTATE ON BEHALF OF AT&T MOBILITY FOR A COMMUNICATIONS TOWER AT 15407 CLAYTON ROAD. A motion was made by Alderman Bullington and seconded by Alderman Kerlagon for a first reading of Bill 4067, title only. A voice vote was taken with unanimous affirmative result and Bill 4067 was read for the first time. In discussion of Bill 4067: Alderman Finley asked if Alderman Roach had any questions or comments as he had attended the Planning and Zoning meeting during which this had been discussed. Alderman Roach stated his greatest concern was gaining public comment, but there wasn’t any. Alderman Finley stated that Planning and Zoning Secretary Zimmerman’s concern was the 5G aspect. Alderman Fleming stated the petitioner was in attendance and asked him to come forward; Matt Schlicter addressed the Board regarding concerns. Alderman Leahy stated he would be abstaining from the vote as his brother works for the company. A motion was made by Alderman Bullington and seconded by Alderman Leahy for a second reading of Bill 4067. A voice vote was taken with five affirmative votes, one vote abstaining, and one negative vote (Alderman Roach) and Bill 4067 will be held over for the August 24, 2020 Board meeting. CONSENT ITEMS____________________________________________________________ ADMINISTRATION – Six-Month Financial Statement The City’s six-month financial statement is presented for the Board’s approval. Discussion: None A motion was made by Alderman Bullington and seconded by Alderman Stallmann to approve the six month financial statement. A voice vote was taken with unanimous affirmative result and the motion passed. City of Ballwin- Board of Aldermen Meeting Minutes DRAFT JULY 27, 2020 3 DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes JULY 27, 2020 7:00 PM 1 GOVERNMENT CTR. BALLWIN, MO 63011 ADMINISTRATION – Liquor License - BeerSauce The liquor license for Ballwin restaurant, BeerSauce, is presented for the Board’s approval. Discussion: Alderman Roach stated he and Alderman Finley did not find information in their packets and had some questions. Alderman Fleming stated he had the license information which was signed by Chief Doug Schaeffler and passed the license application to Alderman Finley for review. After reviewing, Alderman Finley stated there was information which caused him to want further discussion with the Chief. Alderman Fleming asked City Attorney Kate Henry if they could go into closed session to discuss Alderman Finley’s concerns. Alderman Leahy stated he would like to see this resolved at this meeting as the business community is struggling and we should have a sense of urgency on this matter. Alderman Stallmann agreed, especially since the next Board meeting is not until the end of August. Alderman Bullington also agreed. A motion was made by Alderman Roach and seconded by Alderman Bullington to go into closed session as authorized by Revised Statutes of Missouri, Section 610.022. A roll call vote was taken with unanimous affirmative result and the Board moved to closed session at 7:22 p.m. A motion was made by Alderman Bullington and seconded by Alderman Stallmann to reconvene. The motion passed by unanimous affirmative vote and the meeting reconvened at 7:28 p.m. A motion was made by Alderman Bullington and seconded by Alderman Stallmann to approve the liquor license. A voice vote was taken with six affirmative votes and one negative vote (Alderman Finley) and the motion passed. MAYOR’S REPORT__________________________________________________________ Nothing to Report CITY ADMINISTRATOR’S REPORT___________________________________________________ City Administrator Bob Kuntz stated the St. Louis County Boundary Commission would hold a Zoom public meeting on July 28 at 7:00 p.m. regarding the City’s petition to annex Waterford subdivision. Mr. Kuntz also shared that Public Works employee Mike Fink retired after 25 years with the City. He was unable to attend the meeting due to health concerns, but Mr. Kuntz shared Mike was a great employee and the City wishes him the best. City of Ballwin- Board of Aldermen Meeting Minutes DRAFT JULY 27, 2020 4 DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes JULY 27, 2020 7:00 PM 1 GOVERNMENT CTR. BALLWIN, MO 63011 STAFF REPORTS____________________________________________________________ PUBLIC WORKS – New Ballwin Rd. Public Works is recommending the Board of Alderman approve legislation to give the City Administrator the authority to sign the federal grant agreements for New Ballwin Road STP project number 4939. Discussion: Public Works Director Jim Link stated this is required by MODOT. A motion was made by Alderman Bullington and seconded by Alderman Stallmann to draft legislation. A voice vote was taken with unanimous affirmative result and the motion passed. PUBLIC WORKS – Slabs/Sidewalk Replacement Public Works is recommending the Board approve increasing the total contract, not to exceed $815,000, to Kelpe Contracting, Inc. This contract was originally awarded on March 9, 2020. Discussion: Mr. Link stated that Public Works has been looking at asphalt overlays and Maymont Dr in particular. Maymont is deteriorating so much that it has been determined it would be better to tear everything out and replace the concrete. He is asking that funds be diverted from asphalt programs to the concrete program. City Administrator Kuntz also provided some feedback to the Board. Alderman Fleming stated this is not uncommon to find with areas that have been annexed from St. Louis County. A motion was made by Alderman Roach and seconded by Alderman Kerlagon to approve the staff recommendation. A voice vote was taken with unanimous affirmative result and the motion passed. CITY ATTORNEY’S REPORT_________________________________________________ Nothing to report City of Ballwin- Board of Aldermen Meeting Minutes DRAFT JULY 27, 2020 5 DRAFT MINUTES BOARD OF ALDERMEN Meeting Minutes JULY 27, 2020 7:00 PM 1 GOVERNMENT CTR. BALLWIN, MO 63011 ALDERMANIC COMMENTS__________________________________________________ Alderman Fleming thanked City Administrator Bob Kuntz for his service and guidance to the City, as this is his last Board meeting as the City Administrator. Alderman Bullington thanked Mr. Kuntz as well, stating his heartfelt dedication to the City has been appreciated. Alderman Stallmann also conveyed his thanks and best wishes to Mr. Kuntz. Alderman Finley thanked Mr. Kuntz again for his distinguished service to the City. Alderman Roach thanked Mr. Kuntz, stating that he has twice now left the City better than he found it. OPEN SESSION______________________________________________________________ A motion was made by Alderman Finley and seconded by Alderman Stallmann to adjourn. The motion was passed by unanimous affirmative voice vote and the meeting adjourned at 7:33 p.m. ______________________________ TIM POGUE, MAYOR ATTEST: ____________________________________ POLLY MOORE, CITY CLERK City of Ballwin- Board of Aldermen Meeting Minutes DRAFT JULY 27, 2020 6

Agenda

BOARD OF ALDERMEN Meeting Agenda JULY 27, 2020 7:00 PM 1 GOVERNMENT CTR. BALLWIN, MO 63011 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Approval of Minutes a. June 22, 2020 Board of Aldermen Meeting b. June 22, 2020 Board of Aldermen Closed Meeting 5. Citizen Comments 6. Legislation a. Bill 4065 – Fred Kemp Ct. b. Bill 4066 – Ballwin Manor Dr. Stop Sign c. Bill 4067 – Cell Tower 7. Consent Items a. Administration – Six-Month Financial Statement b. Administration – Liquor License-BeerSauce 8. Mayor’s Report 9. City Administrator’s Report 10. Staff Reports a. Public Works – New Ballwin Rd b. Public Works – Slabs/Sidewalks 11. City Attorney’s Report 12. Aldermanic Comments 13. Closed Session 14. 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. BOARD OF ALDERMEN Meeting Briefs JULY 27, 2020 7:00 PM 1 GOVERNMENT CTR. BALLWIN, MO 63011 This meeting of the Ballwin Board of Aldermen will be conducted live in accordance with the assembly guidelines limiting attendance to 25% of room capacity. The meeting room has been set up to insure social distancing. To insure compliance, staff and/or members of the general public may be required to wait in the lobby and adjacent spaces. MINUTES: Enclosed please find the June 22, 2020 Board of Aldermen Meeting minutes and the June 22, 2020 Board of Aldermen Closed Meeting minutes. LEGISLATION _________________________________________________________________________________________ Bill 4065 – AN ORDINANCE ACCEPTING FRED KEMP COURT FOR PUBLIC MAINTENANCE AS PROVIDED FOR IN THE CODE OF ORDINANCES OF THE CITY OF BALLWIN. This ordinance is for the Board’s approval to accept Fred Kemp Court in the City of Ballwin for public maintenance. Bill 4066 - 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 A NEW STOP SIGN. This ordinance is for the Board’s approval to add a new stop sign at Ballwin Manor Dr. at Manchester Rd. Bill 4067 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO NETWORK REAL ESTATE ON BEHALF OF AT&T MOBILITY FOR A COMMUNICATIONS TOWER AT 15407 CLAYTON ROAD. This ordinance is for the Board’s approval to grant a special use exception to Network Real Estate on behalf of AT&T Mobility. CONSENT ITEMS _________________________________________________________________________________________ ADMINISTRATION – Six-Month Financial Statement The City’s six-month financial statement is presented for the Board’s approval. ADMINISTRATION – Liquor License - BeerSauce The liquor license for Ballwin restaurant, BeerSauce, is presented for the Board’s approval. BOARD OF ALDERMEN Meeting Briefs JULY 27, 2020 7:00 PM 1 GOVERNMENT CTR. BALLWIN, MO 63011 MAYOR’S REPORT _________________________________________________________________________________________ CITY ADMINISTRATOR’S REPORT _________________________________________________________________________________________ STAFF REPORTS _________________________________________________________________________________________ PUBLIC WORKS – New Ballwin Rd. Public Works is recommending the Board of Alderman approve legislation for an ordinance to give the City Administrator the authority to sign the agreements for New Ballwin Road STP project number 4939. PUBLIC WORKS – Slabs/Sidewalk Replacement Public Works is recommending the Board approve increasing the total contract, not to exceed $815,000, to, Kelpe Contracting, Inc. This contract was originally awarded on March 9, 2020. CITY ATTORNEY’S REPORT _________________________________________________________________________________________ ALDERMANIC COMMENTS _________________________________________________________________________________________

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