Go To Search
Emergency Alert
 

View Other Items in this Archive | View All Archives | Printable Version

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                   April 5, 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, Alderman Kramer, Alderman Robertson, Alderman Wynn, Alderman Cross.

 

City Attorney Murphy, City Clerk/Administrator Seemayer and Treasurer Reynders.

 

Absent:             Zoning Administrator Wolf, Economic Development Director Shelton and Executive Secretary Williams.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF APRIL 5, 2004

 

Motion was made by Alderman Golfin, second by Alderman Wynn to approve and adopt the Agenda of the Regular Board of Aldermen meeting of April 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 REGULAR BOARD OF ALDERMEN MEETING OF MARCH 15, 2004

 

Motion was made by Alderman Cross, second by Alderman Leahy to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of March 15, 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.

 

PROCLAMATION – Arbor Day

 

Motion was made by Alderman Cross, second by Alderman Marshall to approve the proclamation for Arbor Day on April 28, 2004 by acclamation.  All in favor none opposed.

 

BIDS – Ice Resurfacer

 

City Administrator Seemayer stated that bids were opened on March 26th for the purpose of soliciting bids for a new ice resurfacer.  Two bids were received from the following vendors:

 

                        Becker Arena Products, Inc.               $68,200.00

                        Frank J. Zamboni & Co., Inc.                       $61,918.25

 

The bids will be referred to the Public Works Committee for review.

 

HEARING OF ANY MATTER OF PUBLIC INTEREST UPON REQUEST OF ANY PERSON PRESENT

 

Maureen Saunders – 2326 Parkridge Avenue came before the Board and stated that she had written a letter to Mayor Kelly and the members of the Board of Aldermen.  It was emailed last week, and she followed up by delivering copies.  She asked that the letter be entered into the record.  The first issue in the letter was the Comprehensive Plan and not letting cost dictate the plan.  Their goal is to get a vision that the community can get behind and get extensive public input with the process. They need to include an objective for the school district alone, for maintaining the schools as an independent district and their excellent reputation. 

 

Mayor Kelly stated that he met with Mrs. Saunders and agrees with her 100%.  Long range planning for the Brentwood School District is something he has asked about for a number of years.  The school district need to play an active role in the planning of the Comprehensive Plan, even to the point of being a financial partner to ensure that they want to be more active in that process.  It is crucial to make a good plan.  The public input process as they go through the Comprehensive Plan is the only thing that will make a good Comprehensive Plan.  The cost should not dictate it.   Obviously the City has to have some limits but they need to allocate those funds even if it is over a two-year period.

 

Mayor Kelly asked for a show of hands from the members of the Board. The members indicated that they support the Comprehensive Plan and the Brentwood School District involvement.

 

John Kraska – President of the Hanley Industrial Court Association came before the Board and stated that any data that he signed off on as President of the Hanley Industrial Court Association relative to TDD and recommending certain Aldermen personnel was reviewed and approved by six of the seven Hanley Industrial Court Association members.  Their opinions are not shared by one of the members who have moved most of his businesses out to other cities.  Mayor Kelly’s statement to not use eminent domain for the owner occupied businesses in the Court has very little merit.  There is only one building out of the thirteen in RPA 1 and 3 that fall into that category and only fifteen out of the other 68 in the entire Court.  Eminent domain is presently being used by the City of Brentwood relative to the two buildings on Hanley Road in RPA 2.  Based on the poor showing of occupancy in the Promenade, the lack of progress with completion and occupancy of the new Villa Apartment Complex, along with the added retail on Hanley Road with Sam’s Club, Walmart and Lowe’s, any further retail in the area seems to be a very risky endeavor.   The extension of West Bruno into Hanley Industrial Court is desirable but not essential to the businesses in the Court.  Mayor Kelly has committed Brentwood funding to accomplish this extension.  If a development is truly worthwhile a developer can and will come up with the necessary funding without such assistance.   

 

Mayor Kelly stated that the City is not using eminent domain for the MLP project on Hanley Road.  They just received notice of acquisition from the developer.  One of the property owners is a partner in the project.  The other property owner has been offered a contract to purchase the property.  If eminent domain was being used it would have to be approved by the Board of Aldermen and that has not been done.  They may be using an eminent domain working with the two property owners under our friendly condemnation for their own tax purposes.   The owners of the Walsh Property are partners in the project. 

 

City Administrator Seemayer stated that both sides filed for a friendly condemnation for strictly tax purposes only. 

 

Mayor Kelly stated the issue of eminent domain obviously is one that has been coming up and taken out of context with respect to City uses.  It is not the intention of this Board to use eminent domain for any owner occupied properties for this project or any other project.  There are three owner occupied properties within this redevelopment area, one of which is the City, Missouri Boiler and Southside Roofing. In any of the redevelopments in the past, the redevelopment agreements set forth that a developer is given the right of eminent domain.  In all of the redevelopment agreements the developers have that right but they have to come back to the Board of Aldermen for approval, so the Board has some control in making sure they are not misusing that eminent domain.  Mayor Kelly asked for a show of hands from the Board members that would not use eminent domain to take owner occupied properties in Hanley Industrial Court or any place else in the City.  Mayor Kelly stated that he wanted to clarify that the City has no intention of doing that.  

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS – NONE

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderman Robertson to approve the warrant list dated April 5th.  All in favor none opposed. 

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Circulation of Literature

 

Mayor Kelly stated that he received literature that had been sent out by the Hanley Industrial Court Association and it seems that there are some unethical things in the way the information was sent out.  He also received some information on the bylaws of the Hanley Industrial Court Association.  Article Six of the bylaws points out what they are supposed to be about.  The mayor read as follows, “Article Six gives our purpose as, “. . . enhance the development of Hanley Industrial Court; to improve its infrastructure, including but not limited to roads, sewers, outdoor lighting, landscaping, ingress and egress”.  It goes on to point out some inconsistencies that went out by the Hanley Industrial Court Association.  This was forwarded to him by one of the Board members of the Association.  Article Seven states “no substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.” “Both the brochures urging voters to defeat a means of financing these public improvements in the Court and the letter urging voters to vote for a certain candidate are clearly direct violation of this article”.  That article goes on to say, “Not withstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on by the organization exempt from Federal income tax under Section 501 (c) (4) of the Internal Revenue Code”.  “This is an aspect of the actions that has the most serious repercussions for the Association.  The code strictly prohibits organizations from supporting candidates for public office . . .” 

 

Mayor Kelly stated that he is forwarding the information, along with the literature to Brentwood’s City Prosecutor and if there is any action to be taken. 

 

Mayor Kelly stated that he has been getting many phone calls about the negative campaigning and the amount of literature being sent out in the neighborhoods in the last couple of weeks.  Today was another example of one being handed out by the Vox Populi group.  The inaccuracies and misquotes of things being put into the literature misrepresents the City and is slanted towards the goals of this group.

 

Alderman Leahy stated that he appreciates the Mayor’s point of view on what is going on with Vox Populi and their literature.  He would challenge the Board to refute what Vox Populi’s intent of educating the public alternative methods instead of attacking the information that they have presented.  He will agree that the negative campaigning is a lousy way to get information back and forth to the citizens.  It gives the residents a good reason not to trust government.  He will agree that alternate opinions do not always have to agree with each other.  In a civil society the right to disagree with each other is still a respectable right.  As far as Hanley Industrial Court and the bylaws, he does not see where anybody getting involved should be penalized for getting into the discussion of what should be done as a city.  He was one of the candidates of which the Hanley Industrial Court Association came out with an endorsement for and when he was asked if he would like the endorsement he wholeheartedly loved it.  Anytime that somebody says that they are doing something good, that ought to be publicized. 

 

Mayor Kelly stated that it is important that people show the ability to work together instead of shutting the door and not having those conversations.

 

Manchester Road

 

Mayor Kelly stated that there is a conceptual plan and a Manchester Road redevelopment plan.  The plan for the Manchester Road TDD is to use those funds to go out and acquire state and federal grants to make repairs such as utility pole relocation, sidewalks, curbs, gutters, existing roadway, sewers and inlets along that corridor.  Within the past month or so the highway department has announced that they have now allocated $9.2 million for the resurfacing of Manchester Road along this corridor from Lindbergh to Big Bend. If the TDD were in place, it would be a great opportunity to work with them to do some as the process moves forward.   

 

The initial grant request to study the corridor for improvements that needed to be done was granted to the City of Brentwood by East-West Gateway who controls the grant money in the St. Louis region.  In the process of working with them and the ability to get future grants they had to go through the process of what they called visioning of Manchester Road.  In those visioning meetings, the ideas came from public input.   Some of the ideas were very drastic and some were very good.  They took the input and decided what the major concerns were which was safety on Manchester Road.  One of the key components was the utility poles and lines.  Then they had to come up with a funding source, which was the TDD.  They were not looking for redevelopment and were not going to use TIF, or make neighborhood improvement district and put the burden on the businesses by raising property taxes.  The City does not have the money to draw plans for what is actually going to be done.  That would cost hundreds of thousands of dollars, if not millions for 6.2 miles.  

 

Naming Ball Field

 

Mayor Kelly stated that he had a request from Brentwood Public Schools with respect to naming one of the baseball fields after Jim Taylor.  He will turn the request over to the Public Works Committee for review.

 

York Village Streets

 

Mayor Kelly stated that they have talked about working with York Village to bring their streets up to City Code, so that they could turn them over to the City of Brentwood.  They do not want to maintain them any longer.   The initial estimate for studying the streets is $12,000.  They would contribute half of that money if the City could accelerate that project and work together to try to get that evaluation stage done.   That will be forwarded to the Public Works Committee as well.

 

DCM Management

 

Mayor Kelly stated that DCM Management is requesting the release of the remainder of the $2 million from their TIF notes from the first phase of their project now that they have submitted their notice of substantial completion.  Mayor Kelly requested that the Ways and Means Committee review that.

 

Committee Appointment

 

Mayor Kelly requested the appointment of Mike Morton to the Planning and Zoning Commission to fill a vacancy that occurred. 

 

Motion was made by Alderman Marshall, second by Alderman Wynn to appoint Mike Morton to the Planning and Zoning Commission.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, no; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Public Safety Committee

 

Alderman Robertson announced a Public Safety Committee meeting will be held on Wednesday, April 7, 2004 from 4:00 p.m. to 5:30 p.m. at the Recreation Center.

 

Public Works Committee

 

Alderman Wynn announced a Public Works Committee meeting will be held on Wednesday, April 14, 2004 at 4:00 p.m. at City Hall.

 

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

 

City Administrator Seemayer stated that he has three applications for consideration for special use permits.  The first is from Home Depot.  They want to erect a tent on their parking lot on April 7th for a contractor’s sale. 

 

Motion was made by Alderman Wynn, second by Alderman Marshall to approve the special use permit for Home Depot to erect a tent on their parking lot on April 7th for a contractor’s sale.  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.

 

City Administrator Seemayer stated that McCarthy Building Companies plan to hold their annual charity softball tournament at Brentwood Park on May 5th and they would like to serve beer. 

 

Alderman Leahy asked if by allowing them to serve beer does that put the City at liability for anyone’s behavior or action on or off the playing field. 

 

City Administrator Seemayer stated that they are required to submit a certificate of insurance for that.

 

Motion was made by Alderman Kramer, second by Alderman Moreno to approve the special use permit for McCarthy Building Companies to serve beer at their annual charity softball tournament on May 5th.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, no; Alderman Cross, yes.

 

City Administrator Seemayer stated that American Legion Post 101 would like to hold a tailgate sale on their parking lot on May 15th.  They are requesting permission to do that.

 

Motion was made by Alderman Leahy, second by Alderman Golfin to approve the special use permit for American Legion Post 101 to hold a tailgate sale on their parking lot on May 15th.  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.

 

Director of Economic Development

 

Alderman Kramer stated that they had been fortunate to receive some updates regarding the Comprehensive Plan.  He asked the Mayor if he has any updates.

 

Maureen Saunders stated that they did interview six planners over the course of the last two months.  The next meeting is April 21st at 7:00 p.m.  At that time they will review the draft of the RFP.  There were some budget questions asked.   They had plans that expand over two years by some of the developers.  They will have a better idea once they talk about what they want them to do. 

 

Library – No report

 

Municipal League – No report

 

Waste Management Commission

 

Alderman Golfin stated that the citywide trash services are in place and it is doing very well.  He has had favorable reports on the first day.  He noticed there were a great deal more recycle bins out.  The literature, educational material, and the fact that you can recycle many more items are a great thing for the environment and costs. 

 

Mayor Kelly stated that Rock Hill has contacted the City to talk about trash.  He is asking for a letter from Rock Hill Mayor and Board to look into the trash issue again.  Maplewood is very excited about it as well.  They have a property tax for trash collection on the ballot.   If that passes they would like to join the City by the first of next year. 

 

Storm Water Management

 

Mayor Kelly stated that MSD is moving forward with the homes on White, Tilles and Parkside that are having problems.  MSD is committed to installing one of the grinder pump system for a resident on Tilles Drive at their full expense.  They are starting the evaluation process of the homes in the White Avenue area.  They started that by sending out a questionnaire, which is their initial step to see if they qualify.  They have designated that area as a project for the sewer separation, which will alleviate some of the problems.  They still think that some of the homes sit so low that the sewer separation will not solve the problem 100%, that they will still need the grinder pump system.  The important thing is that they have designated it as a project and have a completion date of no later than 2009.  That will be fully funded by MSD.  With the grinder pump program MSD is going to supply all the materials and Brentwood Public Works crews will install them, working on a joint effort to relieve the problem on a temporary basis until the sewer separation takes places. 

 

Communication – No further report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS – None

 

NEW BUSINESS

 

Ward 3 meeting will be held on Tuesday, April 20th at City Hall.

 

Mayor Kelly stated that the executive session scheduled for tonight will not be held. 

 

ADJOURNMENT

 

Motion was made by Alderman Wynn, second by Alderman Golfin to adjourn the meeting at 7:54 p.m.  All in favor none opposed. 

 

 

 

                                                                                                                                               

                                                                                    Pat Kelly, Mayor

 

 

Attest:

 

                                                           

Chris Seemayer, City Clerk