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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                               February 7, 2005

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 and Alderman Cross.

 

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

 

Absent:            Alderman Golfin.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF FEBRUARY 7, 2005

 

Motion was made by Alderman Cross, second by Alderman Leahy to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of February 7, 2005.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF JANUARY 3, 2005

 

Correction:

Page 2, last paragraph should read, “The sewer will be relocated from underneath residents’ houses”.

 

Motion was made by Alderman Leahy, second by Alderman Robertson to approve and adopt the Minutes of the Regular Board of Aldermen meeting of January 3, 2005 as amended.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Bids – ADA Restroom Renovations

 

City Clerk/Administrator Seemayer stated bids were opened on Friday, January 21, 2005 for ADA restroom renovations in City Hall.  One bid was received from Interior Construction Services for $32,400.00.  $25,000 of that amount will be paid by a grant through the Community Development Block Grant Funds.

 

The bid was referred to the Ways and Means Committee.

 

Mayor Kelly stated that the Boy Scouts Troop 339 from the Brentwood area is present tonight.  They are working on their merit badge.  Ryan Marshall/8522 Rosalie Avenue, Andy Drier/2424 Mari Kay Court, Jack Suntrup/8710 Bridgeport, Sam Drier/2424 Mari Kay Court, Sam Hopwood/8121 Fawn Avenue and Evan Marshall/8522 Rosalie Avenue came before the Board and introduced themselves.

 

Ryan Marshall stated that they were working with the local government for the citizenship in the community merit badge.  One of the requirements is to attend a local aldermanic meeting.

 

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

 

Pat King – 8821 Bridgeport came before the Board and stated that Double D Lounge is not adhering to the parking arrangements and agreements made with Police Chief Knight.  They would like to be treated like the Lawn Avenue residents that live near O B Clark’s who has a full time parking attendant and there patrons are not allowed to park on Lawn.  The residents received a letter on December 13th that stated they were going to move towards a resident only parking on Bridgeport and Moritz.  The bill did not pass at the last meeting.   They are tax-paying citizens and deserve the right to park in front of their homes and not have fighting, urination, litter, yelling, carousing and property damage on their street.   He stated that if Double D Lounge was in any of the other aldermen’s wards he wonders if they would vote for the bill. 

 

Public Hearing – ARB Standards/Amending Chapter 25

 

Mayor Kelly announced a public hearing for the ARB standards would now be heard at 7:15 p.m.  He asked if there were any comments from the audience.

 

There were none.

 

Alderman Cross stated the bill would come before the Board at the first meeting in March. 

 

Mayor Kelly stated the public hearing would be continued to the March 7th meeting.

 

Alderwoman Jepsen asked Aldermen Kramer and Cross if they were contemplating any type of changes to the bill. 

 

Alderman Kramer stated the bill received a positive recommendation from the Planning and Zoning Commission and they are looking forward to inviting as many public comments as possible.  

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Removal of Bills from the Agenda

 

Motion was made by Alderman Kramer, second by Alderman Wynn to remove Bill No. 5250 from the agenda.  All in favor none opposed.

 

Motion was made by Alderman Marshall, second by Alderman Wynn to remove Bill No. 5253 from the agenda.  All in favor none opposed.

 

1st and 2nd Readings of Bills

 

Motion was made by Alderman Leahy, second by Alderman Marshall to give Bills No. 5267, 5268 and 5269 first and second readings.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Bill No. 5267 – Agreement with SSM St. Mary’s Health Center

 

City Attorney Murphy gave Bill No. 5267, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF BRENTWOOD, MISSOURI, FOR MEDICAL SERVICES WITH SSM HEALTH CARE ST. LOUIS OWNING AND OPERATING SSM ST. MARY’S HEALTH CENTER, 6420 CLAYTON ROAD, ST. LOUIS, MISSOURI 63105, IN CONNECTION WITH PROVISION OF MEDICAL SERVICES, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5267 into record.  The synopsis is attached to the minutes. 

 

Mayor Kelly stated the Medical Director Agreement is a benefit to the City that the hospital does free of charge as a community service.  The Medical Director oversees the ambulance, paramedics and EMTs and ensures that any updates are brought to their attention.  It is also required for having an ambulance service in the City of Brentwood.

 

Alderman Leahy stated page 2, section 4, establishes that the City has a requirement providing two different types of insurance policies.  He asked if those policies are in place. 

 

City Administrator Seemayer responded that the policies were in place.

 

Alderman Leahy stated in entering into the agreement the City is not establishing St. Mary’s Health Center as being the preferred carrier.  The residents still have the right to declare where they wish to be serviced.

 

Mayor Kelly responded that is correct.

 

Alderman Marshall stated as he understands it if it is an emergency they go to the closest facility. 

 

Motion was made by Alderman Leahy, second by Alderman Wynn to approve and adopt Bill No. 5267.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5267 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3964.

 

Bill No. 5268 – Resident Permit Parking Only

 

Alderman Cross stated she was not able to attend the last few Board meetings because of some illnesses in her family.   The City sent a letter out to the residents on Moritz and Bridgeport and received about 12 to 15 calls from people who were in favor of doing the resident permit parking only.  They received a call from a gentleman that was not crazy about having the permit in his car but did not have a better idea to deal with the problem.  There is a parking lot for the patrons of Double D Lounge to park in.  She has had a conversation with the owners and there is plenty of space there for parking.  This was an agreement that the owners of Double D Lounge went along with.   Double D Lounge requested the resident only parking because they are paying a parking attendant to monitor the parking and to also clean up the litter at 2:00 a.m. in the morning.  It was mutually agreeable between the residents and businesses.  She requested the bill be changed to the 8800 blocks of Moritz and Bridgeport, Thursday, Friday and Saturday from 4:00 p.m. to 6:00 a.m.  She also requested that the Public Safety Committee review the parking situation in the next coming weeks to see if it is working out.

 

Motion was made by Alderman Cross, second by Alderman Robertson to amend Bill No. 5268 by implementing resident permit parking only on the north and south sides of the 8800 blocks of Moritz and Bridgeport, Thursday through Saturday from 4:00 p.m. to 6:00 a.m.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes. 

 

Alderwoman Jepsen stated she believes that takes care of Alderman Wynn’s concern of event parking for the school.  It frees up the parking for the area close to the school. 

 

Alderman Wynn stated there are things going on far beyond parking problems.  The business should not be there if they can’t control their patrons.  People are coming to that place of business, so the business should be doing something to straighten the problem out. 

 

Mayor Kelly stated some of the issues that have been brought to light this evening are more extensive than things that had been brought to their attention in the past.  He asked that the Public Safety Committee and Police Chief Knight talk about those issues and more stringent enforcement or observations in that area.

 

Alderman Marshall stated as he understands it patrons are not supposed to bring open alcoholic beverages outside the establishment.

 

City Administrator Seemayer stated he would check to see if they have a package liquor license.  If they do not have one then they should not be bringing anything out of the building.

 

Mayor Kelly stated even with a package liquor license they could not bring open bottles out of the building. 

 

Alderman Leahy stated he is not in favor of the bill because they are establishing a bad precedent of making public streets that are paid for by the City’s general fund, that is contributed both by the residents and the business, and establishing them as resident only usage.  His fear is you may only invoke more of a problem with the residents.  He asked the Aldermen from Ward 1 to explain how a resident in the 8800 block of High School Drive wishes to have a party on a Thursday or Friday night would go about accomplishing getting their residents and guests to attend the party and not be ticketed versus a patron that would come and park in that block and use the bar at that time.

 

Alderman Cross stated the residents would get a permit for as many cars as they own.  Then they would get four visitor cards for their visitors to place in their cars and the owner would have to get that back from the visitors when they leave.  She suggested that when someone is going to have a large party that they contact the police department ahead of time and inform them that they are going to have a number of cars on the street.

 

Mayor Kelly stated with any law dealing with the police they have the right to sometimes use their discretion.  They would know what the ordinance is trying to accomplish.  If a resident on that street were having a family party, it would not be the intention of the City to ticket or tow away cars.  The idea is to try to stabilize the neighborhood so it could remain a community type atmosphere.

 

Alderman Wynn asked how would they know if those vehicles were parked there for something else.

 

Mayor Kelly stated if they did ticket the cars by mistake he is sure those people would call City Hall.  They would deal with that situation when it occurs.

 

City Attorney Murphy gave amended Bill No. 5268, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING TWO NEW PARAGRAPHS TO SECTION 14-1038, SCHEDULE LL, NO PARKING EXCEPT BY PERMIT; 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 Wynn stated he is going to vote for the bill because they have a problem that needs to be solved.  He does not think it is a long-term solution.  They do not want to keep shifting the parking in Brentwood. 

 

Alderman Leahy stated that Mr. King in the public session asked them to put themselves as alderman in a resident’s position on those streets and how would they like to see the street taken care of compared to representing the streets that they are the aldermen of.   Brentwood Park is in Ward 3.  The residents on the four streets that are perpendicular to Brentwood Park have had the discussion with him concerning the use of those streets as overflow parking for the park.  Reality is by space they do not see a way of putting a bigger parking lot in down there, so the residents are going to have to allow some give and take. The residents understood that the park was there at the time they purchased their property and have to work with the inconvenience of the extra overflow parking.  The police have been supportive in watching for blocked driveways.   They had a couple of incidences where people had open containers of alcohol in the park, which is not allowed and the Brentwood Parks Department have had to deal with uncooperative sports teams that have gotten a little aggressive.  There is no perfect solution. The police have done a very nice job of addressing those issues.  The issue he keeps going back to is the cost of maintaining the streets of the City of Brentwood.  It is a contributory arrangement by businesses and residents.  It is not something that is paid for individually by residents to maintain those blocks.  If they keep limiting the parking they will end up sending some of their businesses out of the area?  Maybe this business will be better suited somewhere else, but until then it is generating revenue for the City.  He would like to at least keep an open mind to both benefiting the residents and the businesses in Brentwood. 

 

Alderman Marshall stated residents in Brentwood paying taxes earn the right to park in front of their houses.  They should work with the residents to try to maintain that ability.   The owner of Double D Lounge has stated several times that there is sufficient parking on their premises.  There is no reason for the patrons to go down into the streets to park. 

 

Alderman Kramer read a synopsis of amended Bill No. 5268 into record.  The synopsis is attached to the minutes.

 

Motion was made by Alderman Cross, second by Alderwoman Jepsen to approve and adopt Bill No. 5268 as amended.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, no; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5268 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3965.

 

Mayor Kelly stated that Double D Lounge lost their Sunday liquor license.   

 

Public Hearing – ARB/Amending Chapter 25

 

Mayor Kelly announced a public hearing for the ARB/Amending Chapter 25 would now be heard at 7:25 p.m.  He asked if there were any comments. 

 

There were none.

 

Mayor Kelly announced the public hearing would be continued to the March 7th Board meeting. 

 

Bill No. 5269 – Signage Package – 2511-2521 S. Brentwood Blvd.

 

City Attorney Murphy gave Bill No. 5269, AN ORDINANCE AMENDING ORDINANCE NO. 3961, WHICH APPROVED A SIGNAGE PACKAGE DETAILING PROJECT AND MERCHANT IDENTITY SIGNAGE FOR 2511-2521 S. BRENTWOOD BLVD.; PROVIDING THE CONDITIONS OF SUCH APPROVAL; AND, ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer stated in Bill No. 5269 it seems as though everything is in place that they talked about at the Public Works meeting.  The petitioner pledged to keep the color uniform throughout the existence of the sign.  The color of the sign is apparently changeable and they have not addressed that. 

 

Zoning Administrator Wolf stated the petitioner stated that they are not going to change the colors but they still have the right to do that, much the same as painting a different color on the walls.  If the Board wants the sign to be green, it needs to be in writing.

 

Alderman Kramer stated they all seem to agree on the aquamarine color. 

 

Motion was made by Alderman Kramer, second by Alderman Leahy to amend Bill No. 5269, section 1, to read “placement of the large logo on the south lit panel with the lighted portion behind the figurine to remain an aquamarine color as depicted in the December 14, 2004 revision from Warren Signs”. 

 

Alderman Wynn stated the sign has not changed since they started and his opinion of it has not either.  He is opposed to the sign.  The sign is displaying something that represents a nude figure.  It may be modernistic but it is not a good thing to have along Brentwood Boulevard.  He asked that it be made smaller.  He is opposed to it being so big.

 

Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, abstained; Alderman Wynn, yes; Alderman Cross, yes.

 

Alderwoman Jepsen stated initially she was a strong opponent of the bill.  The site has changed and she has changed her mind.  As you drive by, with the Eagle Bank signs in place, the trees in place, cars on the lot and the passage of time, those panels have faded from being as predominant as they once were.  She was approached and invited by the owners to look at the site.  The owner walked her through the facility and explained that they do a lot of the tone on tone and are in the business of good taste.  She respects Alderman Wynn’s concerns about the sign depicting a nude female figure, but she thinks it will be seen as an artistic logo.     

 

City Attorney Murphy gave revised Bill No. 5269 first and second readings. 

 

Alderman Kramer read a synopsis of revised Bill No. 5269 into record.  The synopsis is attached to the minutes.

 

Alderman Leahy stated the amendment of Bill No. 5269 was made to section 1.  Section 1 allows them to delete what was taken out last month for approval.  Do they need to make it section 1, a, in order to establish that the aquamarine lighting would be included in the bill as a requirement?

 

City Attorney Murphy responded yes.

 

Motion was made by Alderman Leahy, second by Alderman Kramer to amend section 1 by leaving it as it originally was permitted and add a second sentence to establish that the back lighting of the panel should remain the aquamarine color and will be changed to the color anytime that the equipment needs to be reset due to power outages.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, abstained; Alderman Wynn, yes; Alderman Cross, yes.

 

Motion was made by Alderman Leahy, second by Alderman Marshall to approve and adopt revised Bill No. 5269.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, abstained; Alderman Wynn, no; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5269 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3966.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderman Cross to adopt the warrant list dated 2/7/05.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Mayor Kelly extended his condolences to Alderman Cross and her family.  Alderman Cross missed a couple of meetings because of a family member’s illness.  He thanked her for attending the meeting that evening.

 

Executive Session/Legal Matter

 

Mayor Kelly announced an Executive Session/Legal Matter would be held following the regular meeting. 

 

Metro Electric

 

Mayor Kelly announced that Metro Electric would be coming to the City of Brentwood.  They have been working with Metro Electric for a couple of months for a site in Hanley Industrial Court.  They purchased and closed on the property Thursday afternoon, which is the building south of Dobbs in Hanley Industrial Court that has been vacant for about two years.  They plan on putting a showroom out front and using the rest of the warehouse for their inventory.  It will be a great addition to the City. 

 

Mayor Kelly stated the City had been looking at the bond rates and the ability to refinance the bonds for the Dierbergs project.  The initial evaluation looks very positive.  The City would be saving anywhere from a few hundred thousand dollars to close to a million dollars in interest and shorten the length of those bonds as well.  The information will be forwarded to the Ways and Means Committee for review. 

 

Public Safety Committee

 

Alderman Robertson announced a Public Safety Committee meeting will be held on Wednesday, February 16th at 4:00 p.m.

 

Public Works Committee – No report

 

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

 

Director of Economic Development

 

Director of Economic Development Shelton came before the Board and stated that the Board should have the January update regarding the Comprehensive Plan.  The next big event for the entire community both business and residential is the open house scheduled for February 16th at the Brentwood Recreation Center.  He encouraged people to stop by and give their comments.  There will be a visioning session on March 22nd where they will be asked to look at different images within the community and outside the community and engage things that they would like the community to include or not include.

 

Director of Economic Development Shelton stated the responses are still coming in from the surveys.  Their initial volume was very strong but then it tapered off very quickly.  The original deadline was February 1st.  The original plan was to do random samplings across the board.  The bottom line is that they would not get that many.  All the surveys are tabulated and counted.  Vector did the survey and they talked about a 10% overall return in order to have a good sample. 

 

Excise Commissioner – No report

 

Library – No report

 

Municipal League – No report

 

Waste Management Commission – No report

 

Storm Water Management – No report

 

Communication – No further report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS

 

Alderman Leahy asked about a conceal/carry bill that was on the agenda several months ago when the State was reviewing its conceal/carry law.  He asked that bill be brought back to the Board.

 

NEW BUSINESS

 

Redevelopment

 

Alderman Leahy stated he would like to know what the present status is on the MLP project on area 1 and how MLP is currently standing on the redevelopment area for areas 2 and 3 in the Hanley Industrial Court. 

 

Director of Economic Development stated they have closed on the Walsh property.  The only other property is the Moog family property.  The trustees for the Moog family will be in town February 25, which is their closing date.  They have begun all their permit work with St. Louis County and MSD, etc. and are moving forward on that. 

 

They have not had any discussions, contacts or further negotiations on project areas 1 and 3, phase 2. 

 

Mayor Kelly stated the Metro Electric building that was just bought would be in this redevelopment area, which they are aware of.  One of the benefits of this new roadway going through Hanley Industrial Court is that it has spurred some new activity in the Court.  There is another large tenant that is looking at the Indeeco property.  This resurgence and new interest in the existing buildings is solidifying the Court.  They never started negotiating a redevelopment agreement because he wanted to make sure that those two projects were not tied together.   That the Hanley Road project stands on its own and move forward on its own.  He believes that commitment is there now.  It is going to be a very difficult time for them to acquire the property in Hanley Industrial Court.  They will have to make a decision as to whether they can do that and if not he will ask them to withdraw as the preferred developer.

 

Alderman Leahy stated he would appreciate it being done in a timely manner.

 

Redeveloping Manhasset Village

 

Alderman Kramer stated there has been a good amount of conversation over the last six months to a year about a presentation made by a group called Waveland Partners from Chicago regarding the Manhasset Village project owned by Draper & Kramer, no relation.  The project is moving forward.  The April 1st timeframe seems more realistic for a demolition commencement.  The holdup had a lot to do with the neighborhood improvement district that they were applying for to allow them to extend McCutcheon Road south to Eager Road, which would in essence divide the property.  The roadway improvements would also be included on the parkway and some beautification along Eager Road on the Richmond Heights side.  Phase 1 of the development would include the townhouses to the west side of McCutcheon Road and the mid-rise building to the east side of the new McCutcheon Road.  They have also pledged to have one more meeting with the residents, members of the Brentwood Forest Association and the City. 

 

Ward 3 Meeting

 

Alderman Leahy stated the Ward 3 meeting would be held Tuesday, February 22 at 7:00 p.m.   He will not be in attendance.  Alderman Robertson will be hosting the meeting solo.

 

Recess

 

The meeting was recessed at 8:10 p.m. for an executive session/legal matter.

 

Executive Session

 

Motion was made by Alderman Wynn, second by Alderman Leahy to enter into executive session/legal matter at 8:16 p.m.  All in favor none opposed.

 

After discussion on a legal matter, motion was made by Alderman Leahy, second by Alderman Marshall to enter into a settlement agreement with Jerry Germain Rides.   All in favor none opposed.

 

Motion was made by Alderman Leahy, second by Alderman Robertson to return to open session at 8:29 p.m.  All in favor none opposed.

 

ADJOURNMENT

 

Motion was made by Alderman Leahy, second by Alderman Cross to adjourn the meeting at 8:30 p.m.  All in favor none opposed.

 

                                                                                                                                               

                                                                                                Pat Kelly, Mayor

 

Attest:

 

                                                           

Chris Seemayer, City Clerk