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     MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                           May 17, 2004

Council Chambers                                                                                             7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

Present:            Alderwoman Jepsen, Alderman Marshall, Alderman Leahy, Alderman Golfin, Alderman Kramer, Alderman Robertson, Alderman Wynn, Alderman Cross.

 

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

 

Absent:None.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF MAY 17, 2004

 

Motion was made by Alderman Golfin, second by Alderman Robertson to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of May 17, 2004.  Roll call:  Alderwoman Jepsen, 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 MAY 3, 2004

 

Alderman Kramer stated that an insertion was added to page 8 of the minutes regarding a discussion with he and Jim Lahay.  The change has been reflected in the minutes.

 

Motion was made by Alderman Kramer, second by Alderman Golfin to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of May 3, 2004 as amended.  Roll call:  Alderwoman Jepsen, 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

 

1st and 2nd Readings of Bills

 

Motion was made by Alderman Robertson, second by Alderman Marshall to give Bills No. 5231, 5232, 5233, 5234 and 5235 first and second readings.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Bill No. 5231 – Through Streets

 

City Attorney Murphy gave Bill No. 5231, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY DELETING TWO PARAGRAPHS IN SECTION 14-1030, SCHEDULE DD OF SAID CHAPTER RELATING TO THROUGH STREETS; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5231 into record.  This Bill revises the traffic code by eliminating the stop sign north and south bound on Melvin at Fawn. The stop sign on Fawn will remain. This Bill was reviewed by the Public Safety Committee and has been recommended for passage.

 

Motion was made by Alderman Robertson, second by Alderman Leahy to approve and adopt Bill No. 5231.  Roll call:  Alderwoman Jepsen, 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. 5231 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3933.

 

Bill No. 5232 – Agreement with Children’s Home Society

 

City Attorney Murphy gave Bill No. 5232, AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BRENTWOOD TO EXECUTE A BUSINESS AGREEMENT WITH THE CHILDREN’S HOME SOCIETY IN ORDER TO COMPLY WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5232 into record. This Bill adopts legislation that requires compliance with the Health Insurance Portability and Accountability Act of 1996, (HIPPA) between the City of Brentwood and the Children’s Home Society. The Act restricts medical information from being made available without the individuals consent.

 

Alderman Leahy stated that the City would be given information on certain individuals from the Children’s Home Society as they participate in Brentwood programs.  He asked City Attorney Murphy if the City would be liable for treatment in case of emergencies and does City personnel need to be able to handle those types of medical conditions.

 

City Attorney Murphy stated no.  The HIPPA deals with information and the privacy of that information.  It does not expose any, other than violating the act itself, other exposure.

 

Mayor Kelly stated the children that participate have people assisting them. 

 

Motion was made by Alderman Golfin, second by Alderman Marshall to approve and adopt Bill No. 5232.  Roll call:  Alderwoman Jepsen, 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. 5232 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3934.

 

Bill No. 5233 – Plat for Subdivision

 

City Attorney Murphy gave Bill No. 5233, AN ORDINANCE APPROVING A PLAT FOR SUBDIVISION OF PROPERTY NUMBERED 9121 PINE AVENUE ENTITLED “PINE ESTATE” AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5233 into record.  This Bill approves subdividing 9121 Pine Avenue into two lots. This Bill was reviewed and approved by the Planning & Zoning Commission.

 

Alderman Kramer stated that he and Alderman Cross met with the petitioner before the meeting about Bill No. 5229, which deals with construction requirements for infill housing and his potential ability to entertain the items mention in Bill No. 5229. 

 

John Suelthaus - President of Kingbridge Homes/8412 Manchester Road came before the Board and stated that he looked over the requirements of the new bill for infill construction and is in full compliance with the requirements, with a few exceptions. 

 

Alderwoman Jepsen stated that she attended a Planning and Zoning Commission meeting last month and was glad to hear Mr. Suelthaus say, even though he was not legally bound, that he was meeting the indentures of the Parkridge subdivision.  He has gone the extra mile to get his homes in and she wishes him success. 

 

Mr. Suelthaus stated that they would have a meeting for the homeowners on Pine to come and preview the houses they are planning on building.

 

Motion was made by Alderman Kramer, second by Alderman Cross to approve and adopt Bill No. 5233.  Roll call:  Alderwoman Jepsen, 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. 5233 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3935. 

 

Bill No. 5234 – Affirming Validity of Lots 3 and 4

 

City Attorney Murphy gave Bill No. 5234, AN ORDINANCE AFFIRMING THE VALIDITY OF LOTS 3 AND 4 OF BLOCKS 8 OF THE ORIGINAL PLAT OF PARKRIDGE SUBDIVISION FOR PROPERTY NUMBERED 2008 PARKRIDGE AVENUE AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5234 into record.  This Bill approves subdividing 2008 Parkridge into two lots. This Bill was reviewed and approved by the Planning & Zoning Commission.

 

Alderman Golfin stated that perhaps they could take advantage of the Architectural Review Committee and have them meet with this developer. 

 

Mayor Kelly stated that the bill concerning infill housing deals more with the construction site during construction.  That would not have anything to do with architectural review. 

 

Alderman Golfin stated that it seems that one of the issues has been how does the development conform to the traditional architecture of the neighborhood.  Maybe that would be some additional control in the way they subdivide the plat and proceed with infill development.

 

Mayor Kelly stated that one of the problems with the Architectural Review Board is that they do not have any guidelines to follow.  Zoning Administrator Wolf has worked up some criteria that the Architectural Review Board could follow.  By setting up some specific criteria when a building application comes in they can send that application back to the Architectural Review Board if they have those standards to follow.  He will be recommending the criteria to the Public Works Committee as well as the Planning and Zoning Commission.

 

Motion was made by Alderman Kramer, second by Alderman Golfin to approve and adopt Bill No. 5234.  Roll call:  Alderwoman Jepsen, 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. 5234 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3936.

 

Bill No. 5235 – Intergovernmental Cooperation Agreement

 

City Attorney Murphy gave Bill No. 5235, AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND THE BRENTWOOD/STRASSNER ROAD TRANSPORTATION DEVELOPMENT DISTRICT, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5235 into record.  This Bill allows the Mayor to enter into an intergovernmental cooperation agreement with the Strassner Road Transportation Development District for the purpose of collecting the one-half cent transportation sales tax. The City will receive one percent of the collected amount to offset the expenses related to the bookkeeping.

 

Mayor Kelly stated the first Strassner Road TDD meeting was held this past week.  The agreement was adopted by the TDD board.  The City will be the office for collection of the TDD tax and will get 1% as its fee to cover costs in doing that. 

 

Alderman Leahy stated page 3 of the indenture Exhibit C is cited, which is the indenture itself.  That document has yet to be provided.  He asked what side of Strassner Road would properties need to be acquired on.

 

Mayor Kelly stated that Strassner Road is not changing at all.

 

Economic Development Director Shelton came before the Board and stated that the TDD that is being contemplated would not impact that.  The TDD would not pay for any work through that area of the Court.

 

Alderman Leahy asked how does the Kenilworth Tax Increment Financing become part of this TDD.

 

Economic Development Director Shelton stated that the Kenilworth TDD is already a transporation development district, just as the City of Brentwood and the County, so it has to be included. 

 

Alderman Leahy stated that the City will collect a 1% operating administration fee which is basically, according to page 7, $2,500 a month which is $30,000 a year.  Is that 1% they are looking at versus the $300,000 in actual TIF money that would come into the general revenue.

 

Shannon Creighton – Gilmore & Bell came before the Board and stated that the 1% is based on total collections.  The $2,500 a month is actually administrative cost for the district.  That goes to any additional cost unrelated to the collection of tax.

 

Alderman Leahy asked if he is correct in that the TDD has no actual time limit.

 

Ms. Creighton said yes.  They are not permitted to repeal the tax until the TDD obligations are paid off.  In no circumstance will the TDD extend past 40 years.

 

Alderman Leahy stated that is not established in this document, unless it is a state statute provision. 

 

Ms. Creighton stated the voters approved a tax for 25 years.

 

Alderman Leahy asked if they need to spell that out in the intergovernmental agreement.

 

Ms. Creighton said no.  This provision restates what the state statute says, which states that the TDD sales tax can not be repealed until the TDD obligations are paid.  They believe they will be paid off within the 25 years.

 

Alderwoman Jepsen stated that on page 7, section 4.2 states, . . . the moneys deposited into the TDD sales tax trust fund . . . She asked if bonds are sold to finance those.

 

Mayor Kelly stated that the bonds would be sold around the middle of June for the amount somewhere between $8.4 and $8.6 million.  The funds go to pay for the Metro link bridge, which is probably $6.5 million. They have allocated $400,000 for the improvements in front of the Promenade on Eager Road.  They have improvements at Wrenwood entering Brentwood Forest and also exiting the park trails and funding the new bridge over the creek to tie those trails together.  If additional funds are left over after those projects are paid for they could use those funds to help relocate the public works facility.  If funds are available they could also use those funds to contribute the $300,000 for the improvements to the intersection of Hanley and Manchester.  Because of the way the language was stated with St. Louis County who is a partner in this, the funds could be used on Hanley Road.  The bonds would be issued and the projects would then be funded.   The sales tax is collected, put into a special account and payments are made. 

 

Ms. Creighton stated that the money is transferred to the bond trustee every 15th of the month.

 

Alderwoman Jepsen asked if the 2% are paid off with the bonds or does it go into the sales tax pool.

 

City Administrator Seemayer stated that the City does not receive that.  Anybody that pays sales tax, that pays it within the first ten days of the month, is allowed to take a 2% credit.

 

Alderman Leahy asked when does the tax take effect and when and who notifies the businesses in order to adjust the tax rate. 

 

Mayor Kelly stated City staff is working on that and it will take effect July 1st.  The TDD is a ½ cent sales tax.  A ¼ cent goes to the TDD.  The other ¼ cent is used to pay back the TIFs in the area sooner.  The Promenade will benefit from the ¼ cent sales tax to help pay them down sooner.

 

Alderman Leahy asked when would the indenture agreements be written up identifying the projects.

 

Ms. Creighton stated that the indenture is written.  The TDD is the one that enters into the indenture with the bond trustee.  The bonds are not obligations of the City they are obligations of the district.  The indenture will not be before this board.  The project description that is included in the indenture is the same project description that is included in the petition.    

 

Motion was made by Alderman Cross, second by Alderman Marshall to approve and adopt Bill No. 5235.  Roll call:  Alderwoman Jepsen, 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. 5235 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3937.

 

Resolution No. 908 – MSD

 

Mayor Kelly stated that Resolution No. 908 is to support MSD’s program for buying out properties in the flood way.  There are two pieces of properties in Hanley Industrial Court that are for sale and MSD is working with them.  The two pieces of properties are the Aquarium and Lawlor’s Construction. 

 

Alderwoman Jepsen stated that City Administrator Seemayer and Economic Development Director Shelton explained that once MSD buy the property, it is deeded back to the City and would be used as park property.  Is there any sort of mechanism in place that would flood proof some of the buildings and keep them as viable producers for the tax base.

 

Economic Development Director Shelton stated that the study identifies the cost to flood proof.  If the cost to flood proof and the number of frequencies of damages exceeds a certain amount they say it is not cost effective and they will not flood proof in the flood way.  They will do flood proofing as part of this program.  There are properties that they would flood proof but they have to be in the flood plain, outside of the flood way which is much worse.  This is a program to flood proof in the flood plain and remove in the flood way. 

 

Alderwoman Jepsen stated that there are a lot of properties indicated on the map and rather than see them all go, with the school district clamoring for every property tax dollar they can get, it just seems that something else might be tried to keep the properties viable and keep them producing the taxes.

 

Mayor Kelly stated that a lot of areas indicated on the map are not areas that they could afford to buy out.  The City could wait for something like that to happen but whether it is going to happen or not is another story.  There are certain areas that you are not going to be able to fix.

 

Alderman Golfin stated that in flood ways and flood plains the buyout of property and especially for park areas is by far the preferred solution.  Any type of flood proofing you could do by mechanical means or even structural means is ultimately going to be structured to some failure in time. 

 

Alderman Marshall stated that most of the people that bought property down there bought it knowing that it flooded.  He has a problem with fixing something that was bought at a much more depressed price, fixing it so they get the benefit.  That would increase the value of the property considerably. 

 

Alderman Robertson asked what is the condition they will leave it in.  Will they remove the structure and any hard surfaces?

 

Economic Development Director Shelton stated that they would work with the City and if funds were available they would probably prepare the area.  If funds were not available they would probably want the City’s cooperation to prepare it. 

 

Alderman Robertson asked what is the size of the property.

 

Economic Development Director Shelton stated that they did not measure total square footage of those particular properties. That would be up to MSD.  They would have to complete an appraisal. 

 

Alderman Marshall asked if the properties that are flooding have to obtain flood insurance.

 

Mayor Kelly stated yes.

 

Alderman Marshall asked if they refuse the buyout are they excluded from the insurance.  Does it have any impact on flood insurance as a City?

 

Economic Development Director Shelton stated that he does not believe they would be excluded.  They are still entitled to flood insurance.  It has no impact on the City’s insurance.

 

Alderman Golfin asked if MSD has the final discretion in doing the buyout.

 

Mayor Kelly stated yes. 

 

City Administrator Seemayer stated that this is a voluntary program.  The offer is made and no one is forced to leave.

 

Alderwoman Jepsen asked what is the difference between a resolution and an ordinance and why is the MSD buyout program coming in resolution form.

 

City Attorney Murphy stated that a resolution is a statement of policy and an ordinance is an enactment of legislation.  This is not enacting legislation; it is stating a policy of the City.  It will remain the policy of the City until there is some affirmative action to repeal it.

 

Motion was made by Alderman Leahy, second by Alderman Golfin to approve and adopt Resolution No. 908.  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Resolution No. 909 – Moratorium

 

Mayor Kelly stated that Resolution No. 909 was introduced at the last meeting.  Mayor Kelly read the Resolution into record.  It is attached to the minutes.  The Resolution would place a moratorium on City issued RFPs until the completion of the City’s Comprehensive Master Plan.  RFPs would only be considered if initiated by the property owners or in specific areas already approved for development. 

 

Mayor Kelly stated he brought the resolution up because it is important to encourage participation in the Comprehensive Plan as they go through the process and to calm some of the misinformation and information that’s circulating that areas of the City are up for redevelopment and that there are secret plans taking place in order to redevelop parts of the City.  Any future redevelopment or improvements need to come out of the Comprehensive Plan.  There is nothing wrong with the City taking a step back and saying they do not have to look at this and do not have to worry about that until the Comprehensive Plan is completed.  It will encourage people to participate and have an open mind as they go through that process over the next year to year and a half.

 

Alderman Wynn stated that for quite some time now he has had people approach him with the same fear that the Mayor is talking about.  This will be very good in helping to give them some time to let the people know they are not just rushing out and taking up all the land for development.

 

Alderman Leahy stated that he would like to make an amendment to the Resolution.  He would like to make a motion that they amend the Resolution to remove the words “until such time as the City’s Comprehensive Plan update is completed and approved” in the resolution title and in section 1.  He asked to establish that the City of Brentwood would not go out for RFPs without the written permission and agreement of the property owners at any time in the future.

 

Alderman Marshall stated he was under the impression that the Comprehensive Plan was the voice of the people.  That is the guide they need to follow.  He does not think they should make any changes until that plan is in place. 

 

Alderman Leahy stated as the resolution is currently written upon that document being approved this resolution would become ended.  He would like to change it so that it goes perpetual; as long as the properties owners of record are in writing that they approve the City going out for an RFP?

 

Alderman Marshall asked that it be kept as is, wait and see what the Comprehensive Plan says.  He does not like making blind decisions.

 

Alderman Golfin suggested referring the resolution to the Ways and Means Committee for full discussion where everyone can bring up their concerns about it and then bring it back to the Board.  It is very comprehensive.  The fact that they would never do something, no matter what it is, is like never say never.  It precludes the judicious legislation by this Board for an indefinite period of time.

 

Mayor Kelly asked that the Board entertain it tonight.  He understands Alderman Leahy’s concerns.  Over the period of the next year or so as they go through the Comprehensive Plan process if that is something the Board wants to initiate they could always add it.  One of the concerns with saying that the City would never issue an RFP without written consent of the residents is getting into issues of how many property owners are you talking about.  If a developer comes in and gets 50% of a property and brings a proposal to the City which the City is required to put out an RFP for then what is going to be the process then. 

 

Alderman Wynn stated that the Mayor has brought it up and it is now public.  It should be decided on.  He thinks a lot of people would be glad to hear you are going to do it for a year to year and a half.  He wonders what it would be if they started backing up on it and taking it apart.  It is a resolution, which does not carry the weight of an ordinance. 

 

Alderman Kramer stated that he concurs with Alderman Golfin.  In section 1 there is a question about the percentage of property owners that may or may not come into play.  In a nutshell this is taking the opportunity for evaluation out of their hands and out of whoever may become elected next April and perhaps the election after that.  He does not have any problem with being critical with development, developers or RFPs.  Some folks may know that he was the only member of the Planning and Zoning Commission that voted no on the request by the petitioner for the West Community Credit Union.  Through some great deal of machinations with the developer and the neighborhood and a number of conversations that took place, things change with petition.  The developer and the neighbors gave a little bit and eventually the neighborhood appeared to be an affirmation of that proposal.  With Resolution No. 909, they would be foregoing the opportunity for the same type of critical evaluation as each opportunity may or may not arise to do what is or is not in the best interest of the entire City.  He does not want to take that choice away from this group, himself or the next class of aldermen.  Who know what they think may or may not happen in terms of future development and those opportunities and what the Comprehensive Plan may or may not say?  They do not know exactly what the facts are going to be.  They have a very well thought out Comprehensive Plan, though showing some age admittedly from the fall of 1991.  They do have a little known potentially by some book of recommended amendments to that plan from CDG, which took place in the fall of 1995.  Some of the development that has taken place since 1991 has borrowed from both of those ideas, some has not.  Each request for proposals was carefully considered by the Aldermen with the facts in hand at the time before the issuance.  Therefore since the budgeting for a Comprehensive Plan seemingly only becomes available once or maybe twice in a decade, it is unrealistic to say that they can’t do a critical evaluation as aldermen or are not skilled enough to do a critical evaluation during the interim between those plans. 

 

Mayor Kelly stated that this resolution is only saying that the City will not initiate the RFPs, meaning that the City is not going to designate an area of the City and say now they want to go out for an RFP to see if there is a developer interested.  If property owners come to the City and say that they want to do something that is a completely different story.  What he is trying to say to the residents of Brentwood and the business owners is that the City is not going to initiate that.  He does not think it is going to tie their hands.  Right now there are no areas that the City is considering redeveloping.   It would be wrong for them to do that now until the Comprehensive Plan is completed.

 

Alderman Golfin stated that it is obvious they need some full discussion on this.  He does not want to take a position against the resolution.  He sees what the objective is and thinks it is good.  However it will take some good examination before they commit to it.  There are a lot of inferences that he does not like.  He wonders for instance, what kind of message does it send to good and valid developers that they really want to work and cooperate with.  What would they have in Brentwood if they did not have good cooperation with some developers that are doing good things?  Are they going to succumb to the charge, and he does not know that it is a charge, that what they have done in Brentwood is not good.  He does not like that concept of this resolution.  What they have done in Brentwood is good.  The inferences that they have taken residential property all over the place, is not true.  They have correctly redeveloped areas that were not at their best land use.  He can see that they require some education, information and correction of false information that is out there, but he will not support the resolution this evening without further discussion.

 

Alderman Leahy stated that he is in the same position as Alderman Golfin.  His request is per the public comment sessions that they have had prior to the current RFP that they voted on two weeks ago.  It is his understanding that only two property owners were ever consulted on the second release of the RFP and one of which was not even in the boundary of the information that has been brought to the Board.  He is asking that it be in writing to the members of the Board, that they know that when they go out for an RFP they actually have the support of the people coming forward because they have some written documentation.  At present he is not aware that any written documentation exists for the Kenilworth group, Evans Place group or for the RFP put out for the southwest Brentwood area.  This is why he is asking for the resolution to be changed so that they make sure they get it in writing and document that they do have the support of the neighborhood, residents, or businesses.  He is in the position of having in front of him a resolution he would love to support but can not in the form that it is in.

 

Mayor Kelly stated that the Rankin area development was petitioned by the residents.  There was also request from Kenilworth for that RFP.  It was almost 100 of the 120 property owners in Evans Place that petitioned the City.  The request from Rankin area is in writing.  The other ones would have been where they came up to the Board meetings.

 

Economic Development Director Shelton stated that for the Kenilworth redevelopment you could probably go back and check the minutes.  Meeting after meeting the residents came and said move it forward. 

 

Mayor Kelly stated that with respect to notification with the current RFP, all of those properties were notified that the RFP was going out.  They met with two of the property owners of the owner occupied properties.  Every property owner that was included in the RFP area that they could find, because some of them are hidden corporations, was notified. 

 

Alderwoman Jepsen stated that in the form the resolution is in she agrees that it should not be passed tonight.  She asked what is the emphasis behind this.  There are those that would say because the Comprehensive Plan Committee first started meeting in May of 2003, literally a year ago, the second RFP for the Hanley Industrial Court was put out in October.  The Comprehensive Plan Committee was already meeting.  The RFP went out.  What is the major event that now they are closing the barn door.  It would seem the cows are already out wandering around the highway.  Why was this announced at the end of the last meeting when they started the ball rolling on Hanley Industrial Court at the beginning of the meeting?

 

Mayor Kelly stated it was brought up under Resolutions at the last meeting because it is in resolution form.  The reason for the RFP on Hanley Industrial Court was as much of a protection from the City’s standpoint because they knew that developers were looking at that area and in order to let the developing public know that they were not interested in big boxed development and that if developers were looking at that area in Hanley Industrial Court that they were looking for a different type of development.  What the City is focusing on now is more mixed-use development with a residential component, which is what the RFP said.  From the City’s standpoint, what the Board discussed back then was that to a certain extent the RFP was as much of a defensive thing instead of just waiting for developers to come in get control of property and then come to the City with something that they don’t want.  His goal is to let the residents and the business owners know that Pat Kelly does not have a secret plan to redevelop Hanley Industrial Court.  He does not have any plans to redevelop anything in Brentwood.  They want to encourage people to come out and work on the Comprehensive Plan.  It will also encourage the Board to make sure the Comprehensive Plan is done.  The resolution makes a statement to the residents that the City is going to focus on the Comprehensive Plan as they move forward and not be focused on redeveloping areas in the City of Brentwood. 

 

Alderman Golfin stated that he is in perfect agreement with the intent of the resolution.  He does not think they have written it to consider all the questions that have been raised.  He is not inferring that it should be more restrictive or less restrictive.  It needs studying.  He will vote against it but hope that it will come back from the Ways and Means Committee so they could review it again more thoroughly rather than push it through.

 

Motion was made Alderman Wynn, second by Alderman Marshall to approve and adopt Resolution No. 909.  Roll call:  Alderwoman Jepsen, no; Alderman Marshall, yes; Alderman Leahy, no; Alderman Golfin, no; Alderman Kramer, no; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes. 

 

Since the vote is tied at four for the resolution and four against the resolution, the Mayor voted yes to break the tie vote. 

 

Resolution No. 909 passes.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderman Robertson to approve the revised warrant list dated May 17th.  All in favor none opposed.

 

Alderman Leahy stated there was a listing of $6,900 to Development Strategies for services rendered.  He asked for an explanation.

 

City Administrator Seemayer stated that the $6,900 is for work they are doing on the analysis of the proposed development within Hanley Industrial Court.  Those funds are reimbursed to the City by the developer in the funding agreement. They pay Development Strategies but they receive the money through MLP. 

 

Alderman Leahy asked if this is a partial billing for that effort.

 

City Administrator Seemayer responded yes. 

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Mayor Kelly stated an executive session would be held following the regular meeting on real estate and personnel matters.

 

Mayor Kelly stated that Coffee with the Mayor would be held on May 28th at 9:00 a.m. 

 

Mayor Kelly stated that it was brought to his attention the weekend before last and then confirmed last Tuesday when he met with the Mayor of Rock Hill that they are considering farming out their police and fire department in order to help their financial situation.  They would like the City of Brentwood to submit a proposal.  They want the City’s proposal by tomorrow for their Board meeting.  The only reason the City would consider taking over their police is that the City does have a five-year contract with them to do their dispatching.  If they are going to contract with St. Louis County to do their policing, he is sure they are not going to pay the City to do their dispatching because that would be done through St. Louis County, would mean that the City would have to terminate the three employees that were hired to work for Brentwood to take on the added duties of their dispatch services.  That is a five-year contract and they are not even a year into the contract yet.  

 

Mayor Kelly stated that he will attend their meeting tomorrow night and convey to them that the City would entertain something but could not make a presentation by tomorrow evening at their Board of Aldermen meeting.   

 

Mayor Kelly announced the annual charity golf tournament coming up on June 18th at Paradise Valley Country Club.  The recipients this year will be Brentwood Congregational Early Childhood Center, Brentwood Foundation and St. Mary Magdalen Athletic Association. 

 

Mayor Kelly stated committee appointment list was at everyone’s places. 

 

Alderman Leahy requested to serve on the Ways and Means Committee.

 

Mayor Kelly stated that would be fine.

 

Motion was made by Alderman Kramer, second by Alderman Golfin to adopt the amended committee appointment list.  All in favor none opposed.

 

Mayor Kelly thanked Greg Reynders for bringing the article that was in the business section of the paper this weekend.  He would like to recognize Christine Bierman owner of Brentwood based Colt Safety Fire and Rescue.  The article stated that Christine Bierman is one of five women entrepreneurs nationally who will be honored next week by the Small Business Administration.  Christine Bierman Colt’s founder and Chief Executive were chosen for outstanding achievement in business.  She will be recognized by the SBA on Thursday in Orlando Florida.  Mayor Kelly congratulated Christine Bierman.  She works very hard.  She was a big supporter of the Manchester Road TDD when they were going through that process and has been involved with the Brentwood Economic Council for a number of years.  

 

Public Safety Committee

 

Alderman Robertson stated that he would like to present an honor that Brentwood Fire Department has earned for the depth of its training and expertise.  He would ask that everybody recognize the accomplishments of the fire department and how excellent they really are.  This certifies that they have completed 304 hours of non-compensated special training beyond their normal requirements. It was presented by the Greater St. Louis Area Fire Chief’s Association. 

 

Public Works Committee  

 

Alderman Wynn stated that the committees have changed and he is no longer on the Public Works Committee.  Out of the seven terms he has served as alderman most of them were spent with the Public Works Committee.  It has been a delightful time working with Zoning Administrator Wolf, Superintendent Nahmensen, Former Director of Parks and Rec. deJong, City Administrator Seemayer and others that came in.  It is wonderful to see the work they have accomplished.  The way they have taken care of the streets in snow and everything that has been asked of them.  It has been a privilege and he enjoyed his time there. 

 

City Engineer – No report

 

Parks – No report

 

Zoning Administrator – No report  

 

Ways and Means Committee – No report

 

Planning and Zoning – No report

 

City Attorney

 

City Attorney Murphy stated that he is happy to report that the Lennox Group has dismissed their appeal in the case involving a denial of zoning issue.

 

City Clerk/Administrator – No report

 

Director of Economic Development

 

Economic Development Director Shelton reminded the Board that Metro would be having a bus tour of the Metro link construction for public officials.  If you would like to attend both of them are going to be in the morning.

 

The next meeting for the Comprehensive Plan Committee will be held on June 23rd.

 

Excise Commissioner – No report

 

Library – No report

 

Municipal League – No report

 

Waste Management Commission

 

Alderman Golfin stated that the City municipal services are doing very well.  He had a conversation with City Administrator Seemayer and informed him that residents are now requesting 65 and 95-gallon containers for their recycle goods.  The City will have more recycle than it has garbage and that is a big plus.

 

Storm Water Management – No report

 

Communication – No report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS - None

 

NEW BUSINESS

 

Mayor Kelly stated that they sent out notices to all the businesses on Manchester Road regarding a meeting on Thursday at 1:30 p.m. to talk about the future of the TDD for Manchester Road.  On a disappointing note they received a fax from Kirkwood last week that they no longer want to participate in any future TDD for Manchester Road.  They decided that they could not overcome the negative information that was put out there. 

 

There will be a Ward 3 meeting Tuesday, May 25th 7:00 p.m. at City Hall.

 

Recess

 

Motion was made by Alderman Kramer, second by Alderman Robertson to recess the meeting at 8:19 p.m. for executive session.  All in favor none opposed.

 

Executive Session

 

Motion was made by Alderman Leahy, second by Alderman Marshall to enter executive session on a real estate and personnel matters at 8:30 p.m.  All in favor none opposed.

 

After discussion, motion was made by Alderman Marshall, second by Alderman Robertson to return to open session at 8:52 p.m.  All in favor none opposed.

 

Motion was made by Alderman Leahy, second by Alderman Golfin to place an ordinance repealing Ordinance No. 3912 on the next meeting agenda.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, no.

 

ADJOURNMENT

 

Motion was made by Alderman Wynn, second by Alderman Leahy to adjourn the meeting at 9:02 p.m.  All in favor none opposed.

 

 

 

                                                                                                                                               

                                                                                                Pat Kelly, Mayor

 

Attest:

 

 

                                               

Chris Seemayer, City Clerk