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                                                                                               December 6, 2004

Council Chambers                                                                                7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

Present:            Mayor Kelly, Alderwoman Jepsen, Alderman Marshall, Alderman Leahy, Alderman Kramer, Alderman Robertson, Alderman Wynn.

 

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

 

Absent:Alderman Golfin and Alderman Cross.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF DECEMBER 6, 2004

 

Mayor Kelly stated that Ordinance No. 3953 which was approved at the October 18th meeting need to be amended in Section 3, b) to read “5:00 p.m., CST, February 26, 2005”.  Ordinance No. 3953 Section 3, b) states “this property shall revert to the Light Industrial Zoning (“LID”) district if MLP Investments, Inc. has not purchased this property by 5:00 p.m., CST, December 29, 2004”.  The reason for the change is one of the property owners has requested the developer push the closing back to after the first of the year for tax reasons.  They have a closing date set for January 11th, but the owners of the property have an option to go 45 days past that.  

 

Motion was made by Alderman Robertson, second by Alderman Marshall to amend the Agenda of the Regular Board of Aldermen Meeting of December 6, 2004 by adding an amendment to Ordinance No. 3953 under Item E, 1.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.

 

Motion was made by Alderman Leahy, second by Alderman Marshall to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of December 6, 2004 as amended.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 15, 2004

 

Correction:

Motion was made by Alderwoman Jepsen, second by Alderman Leahy to amend the Minutes of the Regular Board of Aldermen meeting of November 15, 2004 on page 11 to reflect the adjournment time at 8:05 p.m. instead of 7:05 p.m.  All in favor none opposed.

 

Motion was made by Alderman Leahy, second by Alderman Marshall to amend the Minutes of the Regular Board of Aldermen Meeting of November 15, 2004 on page 2, line 3, to read “16,000 people” and page 10, line 4, to read “2 million cans”.   All in favor none opposed.

 

Proclamation – Arthur Oppenheim

 

Motion was made by Alderman Kramer, second by Alderman Wynn to approve and adopt the Proclamation for Arthur Oppenheim by acclamation.  There were no objections.

 

Alderman Wynn stated having served as an Alderman under Mr. Oppenheim as Mayor he appreciates all the work he has done for the City. 

 

Accept Certified Election Results

 

City Administrator Seemayer stated the City has the certified election results from the Tuesday, November 2nd election.  Proposition 1 was the tax increase for the Police and Firemen’s Pension fund.  There were 2,609 “yes” votes and 1,753 “no” votes.  Proposition 2 increased the business license fee on gross receipts.  There were 2,609 “yes” votes and 1,753 “no” votes.

 

Motion was made by Alderman Leahy, second by Alderman Kramer to accept the certified election results from the November 2nd election.  All in favor none opposed.

 

BIDS - None

 

HEARING OF ANY MATTER OF PUBLIC INTEREST UPON REQUEST OF ANY PERSON PRESENT - None

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Bill No. 5253 – Tree Preservation

 

Alderman Leahy requested Bill No. 5253 remain on hold and return to the Public Works Committee for discussion.

 

First and Second Readings of Bills

 

Motion was made by Alderman Robertson, second by Alderman Wynn to give Bills No. 5257, 5258, 5259, 5260 and 5261 first and second readings.  All in favor none opposed.

 

Bill No. 5257 – Business License Fee on Gross Receipts

 

City Attorney Murphy gave Bill No. 5257,AN ORDINANCE AMENDING CHAPTER 12 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY DELETING SECTIONS 12-24 (c), 12-185 (a), AND 12-186 (1), AND ENACTING IN LIEU THEREOF NEW SECTIONS 12-24 (c), 12-185 (a), AND 12-186 (1); AS IT RELATES TO BUSINESS LICENSE FEE ON GROSS RECEIPTS; 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 reading.

 

Alderman Kramer read a synopsis of Bill No. 5257 which is attached to the minutes. 

 

Alderman Marshall stated Bill No. 5257 was reviewed by the Ways and Means Committee.   

 

Motion was made by Alderman Kramer, second by Alderman Marshall to approve and adopt Bill No. 5257.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.

 

The Mayor thereupon declared Bill No. 5257 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3957.

 

Public Hearing – 2005 Budget

 

Mayor Kelly announced a public hearing for the 2005 Budget would now be heard at 7:15 p.m. 

 

City Administrator Seemayer thanked the members of the Ways and Means Committee and various staff members who helped put the 2005 Budget together.  The City’s budget is proposed balanced as it is always proposed.  There are a number of areas that will be addressed next year.  About 78% of all revenues are derived from the businesses through sales tax, utility tax from businesses or the property tax.  Of the remaining 22% about 7% of that is parks user fees and such.  The rest are various taxes that the City receives from state and federal government, gasoline taxes and various types of transportation taxes, etc. 

 

Mayor Kelly stated residents do not pay utility and property taxes.  The state changed that a few years ago where the City could charge the businesses and not the residents.  That is one of the reasons they have been able to eliminate the utility and property taxes.

 

City Administrator Seemayer stated that 36% of expenses are related directly to the police and fire departments and municipal operations, which encompasses all the various day-to-day expenses of the City for another 23%.  66% of all expenses are personnel related.  The debt service is 7%, which is very reasonable.  Community services are 2%, capital needs is 5% and general operating is 20%.   

 

Alderwoman Jepsen asked what was the increase in health insurance premiums. 

 

City Administrator Seemayer stated the co-pays would be increased.  They initially started off with a 19% increase and some changes where made with the addition of more deductibles for the employees and higher prescription benefit.  They got it down to a 10% increase. 

 

Alderman Kramer asked City Administrator Seemayer to explain the sales tax revenue, which may not be up to what they were hoping for, but December is an extremely large month. 

 

City Administrator Seemayer stated they get half of the sales taxes in December.  They were very high as they had hoped and expected.  At the very end of the year you see that gap shrink and will be right at the budgeted amount for 2004.  The ledger sheets can be misleading by the way revenues come in and likewise by the way expenses are paid out.  At the very beginning of the year they pay enormous amounts of expenses for the street and park bond debt service, so in January it looks like they spent the full amount on some things. 

 

Alderman Kramer stated in Brentwood Forest the Board of Managers commission a study every year to work on the reserves and help to fund their capital reserves.  Does the City have a study or guidelines to work with?

 

City Administrator Seemayer stated that they have a five-year capital plan.   They will be giving that to the Ways and Means Committee in January.  It is more for a reference and planning tool.  It is not a document that is adopted as part of the budget.  It is updated every year. 

 

Alderman Marshall stated that several municipalities around the county are having problems meeting their budget needs.  Brentwood has been very fortunate to maintain a level of service without raising taxes, which says a lot for the City itself.

 

Alderwoman Jepsen asked if the City is still planning to take a set amount from the increased sales tax.  Is it still the City’s policy to pay down the TIFs earlier?

 

City Administrator Seemayer stated the City has a contractual agreement with other taxing districts. 

 

Mayor Kelly stated the City currently has an agreement with the school district which has seen a $300,000 increase in revenue for each one of those projects.  Everything else goes back to pay off the TIFs early. 

 

Mayor Kelly announced the public hearing for the 2005 Budget closed at 7:25 p.m.

 

Public Hearing – Amending Chapter 25

 

Mayor Kelly announced the public hearing for amending Chapter 25 would now be heard at 7:25 p.m.

 

Mayor Kelly asked if there were any comments from the audience.  There were none.

 

Mayor Kelly announced the public hearing closed at 7:26 p.m.

 

Ordinance No. 3953 - Rezoning Property

 

Mayor Kelly requested the amendment of Ordinance No. 3953 in Section 3, (b) to read as follows: “This property shall revert to the Light Industrial Zoning “(“LID”) district if MLP Investment, Inc. has not purchased this property by 5:00 p.m., CST, February 26, 2005”.

 

Motion was made by Alderman Wynn, second by Alderman Marshall to amend Ordinance No. 3953 in Section 3, (b) as stated above.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.

 

Bill No. 5258 – 2005 Budget

 

City Attorney Murphy gave Bill No. 5258, AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BRENTWOOD FOR THE CALENDAR YEAR 2005; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Motion was made by Alderman Marshall, second by Alderman Leahy to approve and adopt Bill No. 5258.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.

 

The Mayor thereupon declared Bill No. 5258 duly passed and signed same into approval thereof.   Said Bill was given Ordinance No. 3958.

 

Bill No. 5259 – Sunset Clause

 

City Attorney Murphy gave Bill No. 5259, AN ORDINANCE AMENDING ORDINANCE NO. 3945, SECTION 3, WHICH ESTABLISHES A SUNSET CLAUSE FOR THE ADOPTION OF CONSTRUCTION REGULATIONS APPLICABLE TO THE CONSTRUCTION OF NEW HOUSES; 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. 5259 into record.  The synopsis is attached to the minutes.

 

Alderman Leahy asked how many permits were issued since the bill was originally passed and how many came under the current limitations.

 

Zoning Administrator Wolf stated that he does not have an exact tally but he will guess there were six new home construction permits issued since this legislation was enacted. 

 

Alderman Leahy asked Zoning Administrator Wolf if his office has received any complaints from the neighbors or anybody that would reflect why the clauses are good or bad.

 

Zoning Administrator Wolf stated they do not get many complaints from the neighbors.  The only complaints they generally get are about messy streets. 

 

Alderwoman Jepsen asked if it is working the way it should.  There was a situation where sub contractors were delivering equipment and were not putting the fencing back up.  Is the legislation making the whole situation go smoother within the neighborhoods?

 

Zoning Administrator Wolf stated that the compliance with the letter of the law is not as good as it would be in an ideal situation.  It is very difficult to keep that kind of fencing up and to put it back up every night.  That is not meant to justify their failure to do so.  In this kind of weather it is difficult to keep the mud off the streets.  They have sent the sweeper almost every day to the construction sites, but sometimes you just cannot pick up the dirt. 

 

Alderman Wynn asked if the builders have gotten complaints.

 

Zoning Administrator Wolf stated he has not heard complaints from the builders. 

 

John Suelthaus – Kingbridge Homes came before the Board and stated they went through and signed on prior to the regulations being adopted and the Aldermen were going to come back to the builders and see how things were going.  He has not gotten any phone calls.  He would like to see it go to committee to have some insight on it along with some of the other builders.   

 

Alderman Kramer stated the last conversation he had with Alderman Cross was that she had contacted Mr. Suelthaus.  They have heard from several of the neighbors with construction in those wards.  The consensus was that they are in favor of this type of protection for the neighborhoods.  Not so much to sway builders from conducting their business but so they conduct it in consideration of the neighbors and the neighborhoods.  He has heard only positive things from the actual residents. 

 

Alderman Leahy asked Alderman Kramer if he would consider changing the termination date of the Sunset Clause and establishing a new date to give them time to continue working on the bill and evaluating it. 

 

Alderman Kramer stated this topic was discussed at the Public Works Committee level and there was an opportunity for discussion at that time.  He got the impression that the guidelines that were in place were reviewed extensively.  He has no problem with putting an extension on the bill, but as to what date that would be he does not know.  They could put a sixth month extension to give some of the folks in the building community an opportunity to interact and give their viewpoint.  He has no recommendation as to a specific date.  Just picking one out in a sixth month timeframe might allow them to have those conversations. 

 

When they spoke about this topic at the Public Work Committee level the comments that came up were more along the lines of enforcement, rather than a problem with the actual ordinance itself.  It is always helpful to hear both sides of the conversation.   It is also helpful to realize who stands to gain when you have those conversations. 

 

John Cavanaugh - Highland Homes came before the Board and stated he has not been contacted at all.  They are building a home on St. Clair.  He would love to sit down with someone and would be happy to cooperate.  The Architectural Review Board is doing the ten-year outlook for the City of Brentwood and he would like to be invited to the meeting.  There are a few practicalities that could be worked out from neighboring areas that the ordinance does not address, so an extension would be helpful.   

 

Motion was made by Alderman Kramer, second by Alderman Leahy to amend Bill No. 5259 in Section 3, by extending the Sunset Clause date to June 30, 2005.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.

 

Motion was made by Alderman Kramer, second by Alderman Leahy to approve and adopt Bill No. 5259 as amended.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.

 

The Mayor thereupon declared Bill No. 5259 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3959. 

 

Bill No. 5260 – Canvassers and Solicitors

 

Motion was made by Alderman Wynn, second by Alderman Robertson to place Bill No. 5260 on hold and forward to the Public Safety Committee for discussion.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.

 

Bill No. 5261 – Consent and Agreement

 

City Attorney Murphy gave Bill No. 5261, AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONSENT AND AGREEMENT AMONG THE CITY OF BRENTWOOD, MLP HANLEY STATION, LLC AND UNION PLANTERS BANK, NATIONAL ASSOCIATION, its first and second readings.

 

Director of Economic Development Shelton came before the Board and stated that there are two amendments proposed for the Consent and Agreement on page 5, Section 8.2, last sentence.  It is basically acknowledging the developer did not close under the original agreement.  In being consistent with the zoning proposal tonight to extend that date to February 26th for the rezoning, he would like to propose the date in the document be changed from February 15, 2005 to February 26, 2005.  The other proposed amendment is under Exhibit B, 3, which would be the current approved site plan. 

 

The Consent and Agreement provides for when the developer takes out their construction and acquisition loan, if they were to default then the bank that is loaning them the money would have the right.  This is provided within the redevelopment agreement but this document further lays out the specifics of that.  It basically says that the City agree that the bank could come in and finish the project, if they were to default, under the exact same circumstances.  A good example of that is on page 2, #1, Consent.  The City hereby consents to the assignment by developer to the bank of all of the developer’s rights.  It states that as long as the loan is outstanding, once they have taken out the TIF notes and they are complete then the bank does not have any rights.  The developer has fulfilled their obligations under the construction financing.  Any agreements, amendments that the developer would want from this time forward, the documents provide that the bank would also have to be notified of any changes. 

 

City Attorney Murphy asked if #3 would then become #4 under Exhibit B. 

 

Director of Economic Development Shelton stated when it was drafted on behalf of the bank and reviewed by Mark Grimm, Special Counsel it was stating whatever other things the City would want to put in there like amendments, modifications, restatements and renewal.  The only amendment the City has is the first amendment, so the only other document the City has is the site plan.

 

City Attorney Murphy stated he presumed that was put in there to have a little flexibility for future events.  The current site plan would become #3 and the previous #3 would become #4.

 

Alderman Leahy stated that the zoning ordinance should be listed specifically.  That zoning ordinance could affect holding in the development of this property because it is in conflict.

 

Director of Economic Development Shelton stated that it would be fine to add the zoning ordinance as #5.

 

Alderman Kramer asked if the City has precedence for doing that.

 

Mayor Kelly stated all of the projects that the City has been involved with in the past that have gone to a conventional bank in order to get the construction loan have had this same kind of agreement like Brentwood Square and Meridian.  That was not done with the Promenade and Dierbergs projects.   It is a protection for the bank that if they are making the loan for the construction that if in the middle of the project the developer were to pull out it gives the bank the ability to finish the project.  Without that they would be stuck with the land and half filled buildings but they wouldn’t have any rights according to the City to finish the project.  They would have to go through all those processes again in order to build out the project.

 

Alderman Leahy stated that Section 8.3 states any amounts required to be paid prior to the date of the developer to the City pursuant to the Development agreement.  The City is in full current standing with no outstanding bills.

 

City Administrator Seemayer stated that is correct.

 

Alderman Leahy stated Section 8.6 is the modification and plans that they modified and approved at the time they approved the zoning change and the development.  There are no other plans that are officially of record anywhere that have been submitted.  They have conditionally approved those plans and there was a conditional approval for a sign package to come in later. 

 

Mayor Kelly stated the sign package and the site could change.  It is an approved site plan but is not a final site plan.  The concept is approved.  

 

Motion was made Alderman Kramer, second by Alderman Marshall to approve and adopt Bill No. 5261 as amended.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.

 

The Mayor thereupon declared Bill No. 5261 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3960.

 

Alderman Leahy stated this is the fifth extension in the way of delivery time to get the project moving forward.  He would like to know that they would not be asked again in February to push it back. 

 

Resolution No. 917 – Beer and Wine at Holiday Open House

 

This Resolution would allow the City to serve beer and wine at the Holiday Open House on December 20th.

 

Motion was made by Alderman Wynn, second by Alderman Marshall to approve Resolution No. 917.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, no.

 

ACCOUNTS AGAINST THE CITY

 

Alderman Marshall asked about the CDG Engineer bill in the amount of $13,828.50. 

 

City Administrator Seemayer stated this is another bill for the study and design work for the Helen Avenue storm sewer project.  They have now completed the study and will be forwarding it to the next Public Works Committee meeting with three options for them to consider for that project. 

 

Alderman Leahy stated that this $39,000 total bill might be reimbursable from MSD if they can get them on board.

 

Alderwoman Jepsen asked for clarification on item #2 regarding the fencing on the south driveway of the Brentwood Recreation Center.

 

City Administrator Seemayer stated he is not sure but would find out.

 

Alderwoman Jepsen asked if they have to fence off something from the construction of the south driveway of the recreation center would it be at the City’s expense? 

 

City Administrator Seemayer stated if that were the case it would not be the City’s expense.  That would fall on the developer for that site. 

 

Motion was made by Alderman Marshall, second by Alderman Wynn to adopt the warrant list dated 12/6/04 as submitted.  All in favor none opposed.

 

REPORT OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Executive Session

 

Mayor Kelly stated the executive session scheduled for a legal matter would not be needed tonight.   

 

Holiday Open House

 

Mayor Kelly stated the Holiday Open House would be held on December 20th at 5:00 p.m. at the Brentwood Recreation Center.  There will be free ice-skating at 6:45 p.m. 

 

Sewer Projects

 

Mayor Kelly stated he had a meeting with MSD’s Planning Director last week.  They have not finalized their budget for next year.  They are still trying to find money to do work on the Helen Avenue sewer project as well as the Mount Calvary storm water project.  One of the things he has suggested to them in their planning for their budget is given the amount of money the City has budgeted in the 2005 budget is to work with MSD to help facilitate those projects.  They could fund both of those projects 100% or the City could fund the projects with an agreement that the City could be reimbursed in the future. 

 

Alderman Marshall stated he had several neighbors ask him about the sewer project.  He was under the assumption that they were sending notification to the people on Eulalie and Rosalie that are going to be affected by it.  He requested a letter be sent to the residents because it will directly impact their yards. 

 

Alderwoman Jepsen stated as a member of the Storm Water Committee she requested some reports from MSD.   She asked if the reports were here and what is the timeline.

 

Mayor Kelly stated as a City they need to go through the Public Works Committee or himself so that they are not asking different people to do the same things. 

 

Hanley Road

 

Mayor Kelly stated they had a Hanley Road meeting today with Richmond Heights and Maplewood and the steering committee that is putting that proposed plan together for the improvements to the Hanley Road corridor.  They tried to get all the elected officials from the county and state level to attend the meeting.  They are at the stage where they need to determine how they are going to come up with the $45 million to make those improvements to Hanley Road between Manchester and I-64.  It was a very productive meeting with Charlie Dooley attending and a number of representatives for state representatives were there.   He will forward the information to the Board of Aldermen. 

 

Manchester Road

 

Mayor Kelly stated a while back they were notified by MoDOT that they had allocated $9 million for improvements to Manchester Road and they were going to do some resurfacing and curb work and work with the municipalities to try to make some improvements along those lines, even though it’s going to be limited by the fact that the TDD did not pass.   They were now notified that they have reallocated $9.5 million and scheduled to do smooth road work which is a quick milling and overlay.  They are in conversations with MoDOT to see who reallocated those funds and see if they could get some of that money back to make curb and sidewalk improvements that the money was allocated for. 

 

Parking Spaces

 

Mayor Kelly stated there are currently parking spaces up to the sidewalk at Brentwood Center south entrance as you enter the driveway.  Having those parking spaces that close to the entrance of the driveway is a bad situation.  While they are constructing their landscaping and doing their concrete work it might be an opportunity to cut out those two spaces, put a curb in and landscape that corner of the parking lot as well to eliminate that hazard.  He asked that the Public Works Committee look at that. 

 

Motion was made by Alderman Leahy, second by Alderman Kramer to send the matter to the Public Works Committee and if agreeable to move forward with the removal of those two parking spaces.  All in favor none opposed.

 

Public Safety Committee

 

Alderman Robertson stated he would like to hold a meeting on Wednesday, December 22nd from 4:00 to 5:30 p.m.

 

Public Works Committee – No report

 

City Engineer – No report

 

Parks – No report

 

Zoning Administrator – No report

 

Ways and Means Committee

 

2005 Budget

 

Alderman Marshall thanked everyone for their help with the 2005 Budget.   The Ways and Means Committee allocated the money for the storm water projects.  They look at the City as a whole and decide what the City can afford.  It is the Board of Aldermen and the Ways and Means Committee that came up with the numbers and pushed it through.

 

Planning and Zoning – No report

 

City Attorney – No report

 

City Clerk/Administrator

 

Work on Private Property

 

City Administrator Seemayer stated Alderwoman Jepsen had requested an update regarding the City doing work on private property.  Being more of a legal matter, he turned it over to City Attorney Murphy who responded with a letter.  The letter basically addresses if the City need contracts to do those types of work.  The city attorney’s opinion is that a written contract is not needed. 

 

Alderwoman Jepsen thanked the City Attorney Murphy for his very complete and thorough answer to her question regarding the issue.  She asked what is going to be the procedure for similar work. 

 

Mayor Kelly stated the Board decided to agree with the current procedures on how those situations are handled.

 

Alderwoman Jepsen asked City Attorney Murphy if he checked specifically with the state.  She stated there is no legal precedent for this, yet the stated auditor’s letter stated that such an agreement maybe required.  Why would they recommend it if there is no precedent or format to follow.

 

City Attorney Murphy stated he could not answer that.  One of his associates researched that specific issue and that was her answer, that it was not required.  He stated no one checked with the state. 

 

Mayor Kelly responded does that mean the City should have a contract with the Boy Scouts when they do the can food drive at the fire department every year.  The firemen are working all day on that with loading trucks and collecting can goods.  He does not know that they want the community to be like that.

 

Alderman Marshall stated as a longtime resident of Brentwood he has witnessed goodwill type things to the neighborhoods.  He does not think you could mandate goodwill.  The city administrator or public works could make those decisions on their own.  He is not for micromanaging and believes that would be what you would be doing if you have to have a meeting on every little issue.  He would not be for mandating any kind of ordinance or anything for that matter.

 

Alderman Wynn stated Brentwood is a “City of Warmth”.  Warmth implies generosity, etc.  The City has to be very vigilant with someone that is doing something for political reasons or profiting from it.  If they find that someone is trying to do something nice he does not have a problem with it. 

 

City Administrator Seemayer stated in the report from the state auditor it prohibited cities from granting public money or property to an individual, corporation or such.  Sometimes those phrases can be construed ten different ways.  The City is not providing money or property to anyone.  He does not know that they are talking about two different things.   It could be that this is not applicable to what the City does.

 

Alderwoman Jepsen stated she came forward because people downhill whose homes were flooding saw the parks department crew working at Mount Calvary Church and this is the property that is contributing to the flooding of their homes.  The Ways and Means Committee has taken a giant step in putting forth $400,000 to start working on the storm water.

 

Mayor Kelly stated it is $200,000. 

 

Alderwoman Jepsen stated that it did not look like they were robbing peter to pay Paul.  It just looked like nothing was being done to alleviate their situation and they did not understand why the City employee was doing work when the church that by its own admission stated they were not going to do anything because if they do something and it fails, they would be liable.  The people did not understand what was going on and that is why she came forward.

 

Mayor Kelly stated as elected officials they should try to explain things to people when situations like this occur.

 

Director of Economic Development

 

Comprehensive Plan

 

Director of Economic Development Shelton came before the Board and stated that the Board has before them the Comprehensive Plan Steering Committee report for the month of November.  They are starting to make good progress.  The focus is now turning to focus groups and individual interviews.  The committee has identified some groups of individuals to get initial feedback from the community, and to put together a community survey.  The economic resources associates, which is a co-group and subcontractor with Woolpert has toured the community and begun looking at what’s happening in Brentwood and surrounding communities and what kind of impact it would have.  They will develop all kinds of economic figures.  They have looked at some of the residential aspects that have been facing the community.  Vector Communications is doing some public engagement types of things.  They have taken advantage of St. Louis County’s mappings, statistics and the information they have.  The next meeting will be held on December 15th in the Council Chambers from 7:00 p.m. to 9:00 p.m.

 

Alderman Kramer asked if there is a handle on the timeline for the topic of the focus groups, the residents input and the amount of those that will take place.

 

Economic Development Director Shelton stated that it would be a combination of six different focus groups and an equal number of individual interviews.  The Board of Aldermen will be interviewed either as a group or as individuals when there is actually some information to respond to, as well as the Planning and Zoning Commission.  

 

Mayor Kelly stated the Comprehensive Plan Steering Committee would be putting out an introduction letter about the Comprehensive Plan to try to inform the residents to be aware of the survey and to return it.  The letter is on the cover of the December newsletter.       

 

Alderman Robertson asked if there would be any open meetings held.

 

Economic Development Director Shelton stated they would have open meetings, forums, etc.  The committee went through an extensive interview process and selected Vector Communications firm because of their ability to do public engagement.

 

Shady Creek Greenway

 

Economic Development Director Shelton stated there would be an open house tomorrow on the Shady Creek Greenway beginning at 4:30 p.m. until 8:00 p.m.  He encouraged everyone to take a couple of minutes to come in and see what they are proposing.  The trail system is going to start in Webster Groves, run through Maplewood and hook up with River Des Peres.  They believe it would be good to get it in Brentwood.  It would be helpful for residents to attend the open house and express their need for Brentwood to be included in the trail system.

 

Library

 

Alderman Wynn stated the library recently had a book sale.  

 

Municipal League – No report

 

Waste Management

 

Solid Waste

 

Mayor Kelly stated they made it through the first leaf season smoothly.  The trash has been a big success this year.  The City is saving almost $9,000 a month on trash hauling. 

 

Storm Water Management – No report

 

Communication – No further report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS – None

 

NEW BUSINESS

 

Ward 3 Meeting

 

A Ward 3 meeting will be held on Tuesday, December 28th, 2004 at 7:00 p.m. for an open forum of talking with the aldermen.

 

Boy Scouts Can Food Drive

 

Alderman Leahy stated last month he asked the residents to help support the Boy Scouts in their Scouting for Food Program, which took place on Saturday, November 20th.  Based on the response they received from the residents and with the help of the Brentwood Fire Department, this is their 21st year of collecting food for the needy.  The Boy Scouts in the Greater St. Louis area collected over 2.5 million cans of food for the needy.  It will probably feed the hungry in St. Louis for approximately 4 months.  This program would not have been possible without a whole lot of behind the scenes help from both the businesses, the fire departments of the Greater St. Louis Area, the Boy Scouts and the residents for filling the bags and getting them out to the curb.  He thanked everyone for supporting the program.

 

Rock Hill Fire Department

 

Alderwoman Jepsen asked what is the status of the Rock Hill fire department.

 

Mayor Kelly stated a meeting is being scheduled with some of the surrounding mayors to talk about that issue.  It is his understanding that Rock Hill has approached the City of Glendale and asked them to take over their fire service.  They wanted it to take place before the middle of December.  He has not heard if they have come to an agreement or if they are working towards that.    He wrote a letter to the aldermen and mayor of Rock Hill and told them from the City of Brentwood standpoint, they have some real concerns with that like the mutual aid.  If Rock Hill were to relocate their fire department in Glendale, Brentwood would not only become the first responders to at least 1/3 or 1/2 of their calls but when Brentwood is in need of assistance they would be five to eight minutes away, putting their property, lives and firemen in jeopardy.  The question is what would it do to that mutual aid calculation and how are they going to reimburse the City if they are taking on that added responsibility.  He has not heard a response back from them.

 

Postal Service

 

Alderman Leahy asked if they have heard anything from the United States Postal Service about relocating back into the City of Brentwood.

 

Mayor Kelly stated they have not.  They offered them a number of sites to move their retail back into Brentwood and he does not know that they have even approached any of them.  He believes they are right where they want to be.   

 

ADJOURNMENT

 

Motion was made by Alderman Leahy, second by Alderman Wynn to adjourn the meeting at 8:45 p.m.  All in favor none opposed.

 

 

 

 

 

                                                                                                                                               

                                                                                    Pat Kelly, Mayor

 

Attest:

 

                                                           

Chris Seemayer, City Clerk