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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                   February 2, 2004

Council Chambers                                                                                     7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

ROLL CALL

 

Present:            Alderman Moreno, Alderman Marshall, Alderman Leahy, Alderman Golfin (by telephone), Alderman Kramer, Alderman Robertson, Alderman Wynn, Alderman Cross.

 

City Attorney Murphy, City Clerk/Administrator Seemayer, Economic Development Director Shelton and Executive Secretary Williams.

 

Absent:Zoning Administrator Wolf and Treasurer Reynders.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF FEBRUARY 2, 2004

 

Motion was made by Alderman Cross, second by Alderman Wynn to approve and adopt the Agenda of the Regular Board of Aldermen meeting of February 2, 2004.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF JANUARY 5, 2004

 

Motion was made by Alderman Leahy, second by Alderman Kramer to approve and adopt the Minutes of the Regular Board of Aldermen meeting of January 5, 2004.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SPECIAL BOARD OF ALDERMEN MEETING OF DECEMBER 16, 2003

 

Motion was made by Alderman Robertson, second by Alderman Leahy to approve and adopt the Minutes of the Special Board of Aldermen Meeting of December 16, 2003.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

BIDS – None

 

HEARING OF ANY MATTER OF PUBLIC INTEREST UPON REQUEST OF ANY PERSON PRESENT – NONE

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Synopsis of all bills is attached to the minutes.

 

1st and 2nd Readings of Bills

 

Motion was made by Alderman Cross, second by Alderman Leahy to give Bills No. 5222, 5223, 5224 and 5225 first and second readings.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Bill No. 5222 – Residential Garage Construction

 

City Attorney Murphy gave Bill No. 5222, AN ORDINANCE AMENDING CHAPTER 6, OF THE REVISED CODE ORDINANCES FOR THE CITY OF BRENTWOOD TO PROVIDE GREATER FIRE PROTECTION MEASURES FOR RESIDENTIAL GARAGE CONSTRUCTION BY AMENDING SECTIONS 309.1, 309.2 AND SECTION 316 OF THE “INTERNATIONAL ONE AND TWO FAMILY DWELLING CODE/1998 FIRST PRINTING”; SECTIONS 407.3 THROUGH 407.7 OF THE “BOCA NATIONAL BUILDING CODE, 1999 EDITION”; SECTION 705.7 OF THE “INTERNATIONAL PROPERTY MAINTENANCE CODE/1998 FIRST PRINTING” AS AMENDED BY ORDINANCE #3657; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES; AND, PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Mayor Kelly stated that Bill No. 5222 came about as a result of the fire on Collier.  Some of the changes include wired in smoke detectors in garages; garages should be drywall instead of open frame on the inside and a one-hour fire resistant door. 

 

Alderman Leahy stated that page 2 paragraph 1, establishes that all detectors shall be interconnected such that the actuation of one alarm will actuate all the alarms.  He would like to insert for further clarification that all detectors would be both heat and smoke detectors.  It is enumerated in the lower sections but not in 316.1.

 

Mayor Kelly stated that he is not sure that they are requiring a heat detector in each room.

 

City Administrator Seemayer stated that the unit as described by the fire marshal would be a smoke and heat detector.  If just heat only activated that, it would activate the other smoke detectors because the heat detectors would be activated.  He was not asking that the in home units have the heat detector requirement, only the one in the garage.

 

Mayor Kelly suggested moving forward on the bill and changing it later if needed.

 

Motion was made by Alderman Cross, second by Alderman Wynn to approve and adopt Bill No. 5222.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5222 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3925.

 

Bill No. 5223 – Housing of Municipal Inmates

 

City Attorney Murphy gave Bill No. 5223, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT ON BEHALF OF THE CITY OF BRENTWOOD, MISSOURI, WITH ST. LOUIS COUNTY, MISSOURI, 41 SOUTH CENTRAL, CLAYTON, MISSOURI 63105 FOR HOUSING OF MUNICIPAL INMATES, its first and second readings.

 

Mayor Kelly stated that Brentwood cells are holding cells for prisoners.  When prisoners are held over 48 hours, they have to be transferred to a facility that offers them more amenities like St. Louis County Jail and there is a fee involved in doing that.       

 

Motion was made by Alderman Robertson, second by Alderman Cross to approve and adopt Bill No. 5223.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5223 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3926.

 

Bill No. 5224 – Access Easement Across

 

City Administrator Seemayer stated that after speaking with the City Attorney and Zoning Administrator Wolf, it was suggested that they make a change to the agreement.  The agreement should be stated as a mutual cross access agreement, mutual so that the City has the same rights to cross over.  The applicant is in agreement with that. 

 

Alderman Robertson stated that he would abstain from discussion and vote on this bill. 

 

City Attorney Murphy gave Bill No. 5224, AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BRENTWOOD TO ENTER INTO AN ACCESS EASEMENT ACROSS AND UPON PROPERTY NUMBERED 2505 SOUTH BRENTWOOD, its first and second readings.

 

Mayor Kelly stated that this bill is for the former Essen Hardware property and the Brentwood Post Office.  It establishes a mutual cross access easement agreement so that when the site is revitalized with the new project they will have access going across, not only the Brentwood Recreation Center parking lot, but TGI Fridays and Walgreens to allow patrons to get to the light at Litzsinger Road and anyone going to the Brentwood Recreation Center that may want to use that parking to patronize the new businesses.

 

City Attorney Murphy pointed out to the Board that page 2, paragraph B, is an addition to the agreement and paragraph 6 states each party is covenants, not just the City.  Those are the main changes in the revised agreement.

 

Motion was made by Alderman Cross, second by Alderman Marshall to approve and adopt Bill No. 5224 as amended.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, abstain; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5224 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3927.

 

Bill No. 5225 – Cancellation of Solid Waste Disposal Contract

 

City Attorney Murphy gave Bill No. 5225, AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BRENTWOOD, MISSOURI TO TAKE THE STEPS NECESSARY TO CANCEL THE EXISTING CONTRACT WITH WILSON WASTE SYSTEM, INC./SUPERIOR OF MISSOURI, INC./ONYX FOR COLLECTION, REMOVAL AND DISPOSAL OF SOLID WASTE, RECYCLING SERVICES AND YARD WASTE REMOVAL, its first and second readings.

 

Alderman Golfin asked if the City is going to partner with another city for solid waste pickup.

 

Mayor Kelly stated that Brentwood is proceeding alone. 

 

Alderman Golfin asked if the bill has received a positive recommendation by the Public Works Committee. 

 

Mayor Kelly said yes. 

 

Motion was made by Alderman Cross, second by Alderman Wynn to approve and adopt Bill No. 5225.  Roll call: Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5225 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3928.

 

Alderman Kramer asked if Brentwood Forest would still have two days of pickup. 

 

City Administrator Seemayer said yes.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderman Wynn to approve the revised warrant list dated February 2, 2004.  All in favor none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Residential Garage Construction

 

Mayor Kelly stated that there was a question whether the new fire codes would be enforced if someone were to sell their house.  Without researching it, he would assume that it would also be enforced for sale of a house or remodeling if it involved the garage or basement.  Typically those codes are enforced when there is a change of occupancy or major remodeling.  

 

Historical Society

 

Mayor Kelly requested the “historical society” be added to the agenda under item G as #15. 

 

Motion was made by Alderman Wynn, second by Alderman Marshall to add the “historical society” to the agenda as item G, 15.  All in favor none opposed.

 

MSD

 

Mayor Kelly stated that there is an election tomorrow and MSD has a bond issue on the ballot that if approved will increase the average rate from $17.00 a month to around $23.00 a month.  If the bond issue is not approved the rates will increase from the average $17.00 to about $36.00 a month.  The reason for that is to make the necessary improvements in Cities such as Brentwood.    If it is approved it will be under a 20 to 25 year bond issue.  They will proceed under the extended life of the bond issues.  If it is not approved they will be under a five-year bond.  Not only will they have to take out the bonds to start the work, they will have to pay them back in five years, which will mean that our rates will be much higher for that period of time.  The Municipal League voted to support that and so did the Mayors of Small Cities at their meeting last week. 

 

Alderman Golfin stated that they have been working in the Storm Water Flood Committee and the work required is capital expense and should be a long-term financed project.  If they are going to get any work done, they should get the bond passed.  He urged everyone to go out and vote.  It is much easier to get the improvement done promptly and pay back on a long-term basis because sewers also depreciate over a long period of time.

 

Post Office

 

Mayor Kelly stated that the Brentwood Post Office over two years ago was planning to build a new building in the Promenade where the Golf Galaxy is now being built.  They did not renew their lease, went to a month-to-month lease, and decided not to build the new building.  The post office nationally had put a hold on any new construction.  The question is where are they going to go.  Temporarily they are moving down to Deer Creek Shopping Center in Maplewood.  They hope to have a new retail store within the year.  Meetings will be held at the Brentwood Recreation Center on Wednesday, February 11th at 7:00 p.m. and Friday, February 13th at 10:00 a.m.  It is the City’s goal to have them relocate in Brentwood from a retail standpoint. 

 

Trash

 

Mayor Kelly stated that the City would be starting its own trash service.  The trucks have been ordered and hope to start around April 1st.   

 

Public Safety Committee – No report

 

Public Works Committee

 

Street Department

 

Alderman Wynn stated that the Street Department has been doing an incredible job with the streets.  He thanked them for the great job they are doing. 

 

Meeting

 

Public Works Committee meeting will be held on Wednesday, February 11th at noon.

 

City Engineer – No report

 

Parks – No report

 

Zoning Administrator – No report

 

Ways and Means Committee – No report

 

Planning and Zoning – No report

 

City Attorney – No report

 

City Clerk/Administrator – No report

 

Director of Economic Development – No report

 

Excise Commissioner – No report

 

Library – No further report

 

Municipal League – No report

 

Waste Management Commission – No report

 

Storm Water Management – No report

 

Communication – No further report

 

Insurance – No report

 

UNFINISHED BUSINESS

 

Signage

 

Alderman Leahy requested the sign issue distributed to the Board in a memo be sent to committee for review. 

 

Fire Department Renovations

 

Alderman Leahy stated that the Mayor’s Newsletter established that the Board of Aldermen have decided to put the fire house renovations on hold because the bids came in high.  He is not aware they voted for that.  He is aware that the opening and reading of the bids took place, but he thought they were awaiting a report back from the City Administrator on the bids.

 

Mayor Kelly stated that the bids came in higher than expected.  The Board did not take a vote because he did not think there was a vote to be taken.  They would not have proceeded because the funds were not there for that construction.  The bids that came in were all within 5% of each other, which means they were competitively bid out. 

 

NEW BUSINESS

 

Hanley Industrial Court Project

 

Mayor Kelly stated that they received final information on the RFP for the Hanley Industrial Court project.  He recommended that Aldermen Marshall or Wynn represent the staff and himself as they evaluate that project and be available for meetings where they discuss the RFP.

 

Motion was made by Alderman Kramer, second by Alderman Robertson to appointed Alderman Marshall as the Aldermanic representative to the Hanley Industrial Court project.  All in favor none opposed.

 

ADJOURNMENT

 

Motion was made by Alderman Cross, second by Alderman Marshall to adjourn the meeting at 7:46 p.m.  All in favor none opposed.

 

 

                                                                                                                                               

                                                                                    Pat Kelly, Mayor

 

 

Attest:

 

 

                                                           

Chris Seemayer, City Clerk