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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

City Hall

October 21, 2002

Council Chambers

7:00 p.m.

   

The Mayor led with the Pledge of Allegiance.

ROLL CALL

Present: Alderman Boyd, Alderman Marshall, Alderman Leahy, Alderman Golfin, Alderwoman Mehler, Alderman Wynn, Alderman Cross.

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

Absent: Alderman Robertson.

Police Chief Karabas came before the Board and said in a couple of weeks he will be retiring from the Brentwood Police Department and has accepted a position in the City of Florissant as police chief. He expressed his sincere appreciation and thanks to the Board of Aldermen and Mayors, past and present, for sixteen years of employment with the City. He thanked the citizens for their confidence and cooperation that the department has received over the years. He also thanked the men and women of the police department who have made the City of Brentwood a very safe place to live, shop, go to school and work. He has had splendid cooperation from Dr. John Cleary, Superintendent of Brentwood Schools, the civic organizations, particularly the Optimist and Brentwood Lions Clubs. They have been extremely helpful by giving the department money to put on their DARE program, Halloween safety program, bike safety program and the Are You Okay program.

It has been an exciting time, especially the last eight years to see all the progress from when he joined the City sixteen years ago. The City is on the move. It is healthy and growing. The Mayor works very hard to make sure it grows in the right way, so that the citizens get the best deal they can.

The salaries and benefits the City provides for its employees are second to none. The departments are able to attract and retain good qualified people to serve our citizens.

He thanked Chief Niemeyer for working with him as a public safety team. Their philosophy has been to do whatever it takes to get the job done and serve the citizens of the community. It is a big responsibility to have the protection of life and property and to worry about the police officers under your command.

Mayor Kelly said for as long as he has been alderman and mayor, Chief Karabas has strived to see the building and completion of the new police facility. His input ensured that they have a first class police facility. It is something Chief Karabas and the City of Brentwood is very proud of. They owe him many thanks for that.

Mayor Kelly said a retirement party for Chief Karabas would be held on Thursday, October 31 from 2:00 p.m. to 4:00 p.m. Everyone is welcomed to attend.

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF OCTOBER 21, 2002

Motion was made by Alderman Golfin, second by Alderman Wynn to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of October 21, 2002. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF OCTOBER 7, 2002

Motion was made by Alderman Leahy, second by Alderman Cross to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of October 7, 2002. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

BIDS – None

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

Sam Longstreth – owner of Brentwood Plastics – 8734 Suburban Tracks came before the Board and said he received a letter from the Mayor which stated that Mills Properties has withdrawn their proposal. He was opposed to this development. What is somewhat sad is the amount of time the City spent in producing the RFP. It was obviously well written and well thought out. One good thing that has come out of this is that the citizens who live on Brazeau have become more unified.

Bonnie Rasmussen – 8828 Pendleton came before the Board and asked Alderman Leahy for an update on the Russell Avenue properties. She noticed the for sale sign is gone. If it would be possible for Mr. Anderson and Shy to maintain their ownership, then lease those properties to the City of Brentwood on a 50-year or longer lease for the use as public park, it might be an interesting concept. The other possibility is if the properties could be used for parks and there were no other way to get the properties, the City could use eminent domain and take them, rather than put twenty two families in there for FEMA to later come along after it floods again.

Alderman Leahy said at current Mr. Shy and Anderson have submitted a petition to the Zoning Administrator for the ten family development that they are working on. That has gone to the Planning and Zoning Commission and is scheduled for a site plan review meeting on Wednesday night October 30th. He has contacted SEMA to ask them if they would still be interested in looking at picking up those two properties because they were in the 1993 flood buyout proposal. SEMA has said that they would possibly entertain that action. They would have to have an appraisal for the property at the current market value. It has not come forward to the City to do anything further than that.

Mayor Kelly said anything that would be built there would be built to a different standard than before knowing that it is in a flood plain. They can build the buildings to be flood proof. It would be wrong for the City to purchase property that could potentially be used for residential homes and then use that for green space. One of the issues that has come out with this piece of property from a number of the residents is that they don’t want the continuation of residential in this neighborhood or the additional residential of new investment because it would drive up the prices of those properties. There is a certain group out there that would like to see this entire quadrant of the residential community converted to commercial property. Anything that would be built there has to be evaluated and has to go through the Planning and Zoning Commission.

Rick Bauer – 2850 Lawndell came before the Board and said he would like to remind the Mayor that many of the residents that live within that southwest quadrant are concerned about spot rezoning.

Mr. Bauer asked for a clarification from the Mayor on the letter that was sent out to the residents in the southeast quadrant about the Mills Properties withdrawal. Was any courtesy extended to the commercial owners in the area by notifying them either in person or in writing that the Mills proposal had been withdrawn?

Mayor Kelly said they are working on a letter to go out to the commercial property owners. When he received the letter from Mills Properties last Thursday, he thought it was very important to get the word out to the residents first. He stated before that most of the businesses look at this as an economic decision. The residents that live there have different aspects on what is taking place. They have a very emotional tie to their property.

Mr. Bauer said in the letter the Mayor stated that Mills Properties were prepared to pay about $180,000 per homeowner plus moving expenses. He does not recall Mr. Mills ever mentioning any dollar amount. He went to great effort not to mention any dollar amount. He also mentioned that he was not going to be doing any moving expenses with specific reference to the apartment owners in that area.

Mayor Kelly said the figure came from the letter that Mills Properties sent to him. As far as the moving expenses go any redevelopment agreement that the City had with prior developers included moving expenses for everyone involved. It would have been part of this redevelopment agreement as well.

Mr. Bauer asked for a copy of the letter that Mills Properties sent to the Mayor.

Betty Muench – business address – 2818, 2820 and 2828 S. Brentwood came before the Board and said the Mayor mentioned in a meeting that there would be a widening of south Brentwood in the makings. Is the widening documented and when would it be happening?

Mayor Kelly said when the City sold the property that is now owned by TGI Friday’s and when the new Walgreens was built, their plan was to make one continuous parking lot from the ice rink out to Litzsinger and coordinate the parking lots better for those three facilities. They hoped to have better cross access between the three parking lots. At that time they wanted to make one curb cut at the ice rink instead of having the two existing curb cuts which would have been a better situation for the traffic on Brentwood Boulevard. When they went to St. Louis County to apply for a curb cut to redesign the parking lot, St. Louis County said they would do that if the City were to give them another fifteen or twenty feet of easement, so that they could pick up easements as they move along Brentwood Boulevard to widen Brentwood Boulevard. He also pointed out that they did acquire that from Walgreens and TGI Friday’s and any other new construction that has gone along Brentwood Boulevard. St. Louis County’s long term intention is to widen Brentwood Boulevard.

City Administrator Seemayer said when Councilman Odenwald held a town hall forum at City Hall some time back, one of the representatives gave an update on their long-term plans for Brentwood Boulevard which included widening. Mr. Seemayer suggested that Mrs. Muench contact St. Louis County Highway Department for the plans because it is their street.

Mayor Kelly said the first phase was to redo the intersection of Brentwood and Manchester. The second phase was to restripe Brentwood Boulevard adding another lane north of Manchester all the way to Brentwood Square without widening the street. The City has been fighting this restriping since they first became aware of it because of the amount of truck traffic and bus traffic that the City has on a daily basis. In the rush hour traffic, they are going to try to shift cars that are sitting underneath Highway 40 and north of Highway 40 on Brentwood Boulevard. They would then be sitting on Brentwood Boulevard from Manchester north. It would be making a bigger parking lot. It is not going to move any traffic faster because when it gets to Manchester it does not have anywhere to go if the lanes are going to end.

Mayor Kelly said they have concerns about the restriping of Brentwood Boulevard, not only with the traffic issue but also from a safety issue. There are a number of turns that are very difficult with the thirteen foot wide lanes coming out of residential streets, the Brentwood Post Office, etc. The radiuses are not made for ten-foot lanes. It would just be a big burden on the residents and the businesses in Brentwood if they do that type of restriping.

Mayor Kelly responded to the comment made earlier about rumors of Wal-Mart. He can only go by what property owners told them at the time. Some residents stated at a Board of Aldermen meeting early in the process that they had been contacted by commercial property developers. The City’s intent was to make sure that if this area was looked at by developers it would have to have a significant residential component to it.

The Mayor said that at his request, Mills Properties withdrew their proposal from the City of Brentwood. When it came down to refining their site plan and when the property became smaller because of the flood plain issues, they took certain properties out because they knew it was either going to be too expensive or not cost effective to purchase the property for their development. This meant from a developer’s standpoint that the first thing that they were pulling out was their single family housing. Their goal was to increase the City’s single family housing. They are not going to tear down a neighborhood just to add some apartments and some more retail to the City of Brentwood. When that important component was taken out of their proposal, he did not feel it was right for the City to move forward. Although the numbers may have made sense at the time, that was not the plan they had set out to do. The Mayor said he would not back any plan that varies from that RFP which had a major component of residential housing. That is what he has said from the beginning and that is what he was going to stick to, so he asked them to withdraw their proposal. Mayor Kelly said copies of the letter from Mills Properties are available if anyone wants to see them. He appreciates the patience of the residents. At this time, there is no further proposal for that area. If any actions should be taken in the future, the property owners should do it.

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

Bill No. 5120 – Screening of Rooftop Mechanical Equipment

Zoning Administrator Wolf said the issue arose when the service station wanted to put their HVAC units on the roof and in doing so made them visible from some homes on Louis Avenue. They have requested people who want to do that to voluntarily screen them, which they did. One of the Planning and Zoning members wanted to make that a feature of the City’s law as opposed to trying to get voluntary compliance. He went ahead with introducing a proposal to the Planning and Zoning Commission, which subsequently passed. Some questions arose at the Board level on how do you make that equipment not visible from homes that sit on a hill 20 feet above them. There is no way to do that. The wording that is in the amended bill states visible from grade level. The intent is within the immediate vicinity of the commercial or industrial site. If you are up on the hill on Porter Avenue there is no way that they will ever be able to screen rooftop or ground level units down on Manchester Road. If the wording is not satisfactory in the legislation, he would recommend they go back to the Planning and Zoning Commission for more discussion.

Alderman Leahy said the change "at grade level" helps to clarify the first point. The second point that he was asking at the time was at the institution of this becoming an ordinance there is nothing that establishes that this would affect any repairs that would be done on the buildings. It would be understood to be somewhat towards new development or moving of a unit to the roof. He was hoping to get it to the point that as repairs are made they would be asked to comply with the ordinance, so they could see a quicker change over.

Mayor Kelly said the problems with repairs are they would not know when they are doing it.

Zoning Administrator Wolf said someone that is fixing a unit does not require a permit for maintenance. They do require a permit for installation of a new unit. The problem is that he does not know that the Board want to require them to put it on the roof. What they are saying is, if you are going to put it on the roof then you have to screen it. He is not sure it is not better off at grade level, but because the City has a stringent site coverage requirement sometimes they want to put it on the roof, so they could make better use of that square footage on the ground.

Alderman Golfin said the purpose of the bill is constructive and positive. Obviously, it is better to have screening around equipment that is on the roof. It gets to be unsightly in many ways. There are reservations when you say that it shall not be visible. Obviously, if you are at a high elevation it is going to be visible from ground level. The language in the amended bill clarifies it sufficiently that this bill should go forward on that basis.

Motion was made by Alderman Wynn, second by Alderman Golfin to remove Bill No. 5120 from hold and give a third reading. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

City Attorney Murphy gave Bill No. 5120 (Substitute), AN ORDINANCE AMENDING CHAPTER 25 OF THE REVISED CODE OF THE CITY OF BRENTWOOD, MISSOURI BY AMENDING SECTIONS 257(e)(7), 258(e)(7), 259(e)(9) AND 260(e)(7) TO ADD A REQUIREMENT FOR SCREENING OF ROOFTOP MECHANICAL EQUIPMENT UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its third reading.

Motion was made by Alderman Golfin, second by Alderman Marshall to approve and adopt Bill No. 5120 (Substitute). Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5120 (Substitute) duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3847.

Resolution No. 885 – Provide for General Municipal Election April 8, 2003

Mayor Kelly said Resolution No. 885 allows the City to hold an election to put issues on the ballot.

Motion was made by Alderman Wynn, second by Alderman Cross to adopt Resolution No. 885. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

ACCOUNTS AGAINST THE CITY

Motion was made by Alderman Golfin, second by Alderman Cross to approve the warrant list dated October 21, 2002. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

Mayor’s Report

Executive Session

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

Pioneer Bank

Mayor Kelly said back in August, Pioneer Bank was given approval for a new branch at Pine and Brentwood Boulevard. They were still negotiating with the 353 Corporation to try to acquire some tax abatement to build a larger building there. At that time, they said that they would put a 90-day hold on any construction on the site for the branch office, which was approved, until they work out an agreement with the 353 Corporation. At this time, they are still working with the 353 Corporation to see if they could build a larger building there with some type of tax abatement. The 90 days was a self-imposed number by Pioneer Bank, so the City is waiting to see what they are going to bring forward.

Alderman Golfin said his concern is, not withstanding the Chapter 353 funding of it, can that lot sustain a larger building than they have proposed.

Mayor Kelly said yes. They have structured parking and so forth.

November 5th Election

Mayor Kelly reminded everyone of the November 5th election. There are a number of ballot issues that are very important, not only for our area but for the State of Missouri and the United States.

Public Safety Committee – No report

Public Works Committee – No further report

Alderman Golfin said they have had some major improvements at Strassner, Brentwood Boulevard and Wrenwood. Construction is now complete. There is a problem at the Wrenwood end with a double line. It is a long double line and because there are dual curb cuts there, one at Kinko’s and one at OB Clarks, and it is a wide area, they are experiencing vehicles making U-turns, left turns and crossing the yellow line indiscriminately. Many residents from Brentwood Forest are concerned about it. Perhaps there could be a small curbing that follows the yellow line, which would discourage crossing that line and doing the illegal turns. He asked the Public Works Committee to discuss that and make a recommendation.

Mayor Kelly said they would have to get permission from St. Louis County to change that because it was their design on the striping and their jurisdiction.

City Engineer – No report

Parks – No report

Zoning Administrator – No report

Ways and Means Committee – No report

Planning and Zoning – No report

City Attorney – No report

City Clerk/Administrator – No report

Director of Economic Development – No report

Excise Commissioner – No report

Library – No further report

Alderman Wynn said the library’s check out material is up 25% over the year before. They are getting ready for an improvement to their building.

Municipal League – No report

Waste Management Commission – No further report

Stormwater Management – No report

Communication - No further report

Facilities Committee – No report

Insurance Committee – No report

UNFINISHED BUSINESS – None

NEW BUSINESS – None

Recess

The meeting was recessed at 7:50 p.m. for an executive session on legal and real estate matters.

Executive Session

Motion was made by Alderman Golfin, second by Alderwoman Mehler to enter into executive session on a real estate and legal matters at 7:58 p.m. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

After discussion on real estate and legal matters, motion was made by Alderman Golfin, second by Alderwoman Mehler to return to open session at 8:53 p.m. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

Adjournment

Motion was made by Alderman Golfin, second by Alderwoman Mehler to adjourn the meeting at 8:54 p.m. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

Pat Kelly, Mayor

Attest:

Chris Seemayer, City Clerk