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City Hall                                                                                                           May 16, 2005

Council Chambers                                                                                             7:00 p.m.


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


                        City Attorney Murphy, City Clerk/Administrator Seemayer, Director of                                Economic Development Shelton, City Treasurer Reynders.


Absent:            Alderman Wynn and Executive Secretary Williams.




Motion was made by Alderman Golfin, second by Alderman Leahy to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of May 16, 2005.   Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.




Motion was made by Alderman Golfin, second by Alderman Marshall to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of May 2, 2005 as presented.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.


PROCLAMATION – Youth Art Month


Mayor Kelly stated that some students from the Brentwood School District were in attendance to receive a proclamation for Youth Art Month.  He read the proclamation into the record, which is attached to the minutes. 


Mayor Kelly invited Tim Rempel, Art Teacher for Mark Twain School to come before the Board.


Mr. Rempel came before the Board and thanked the Mayor, Board of Aldermen and City of Brentwood for giving the students the opportunity to display their artwork in City Hall.  He also thanked Artmart Frame Center for donating the frames a few years ago.   He stated it was a pleasure to see the children’s work up and the looks on their faces as they look at their work.  He invited all students with artwork displayed at City Hall to come forward, receive their proclamation and get their photo taken.  The students came before the Board, introduced themselves and received their proclamation.    


Mayor Kelly stated Artmart Frame Center stated they would donate all the supplies for the Beautify Brentwood activity, which is the painting of the trash cans in September.  The City appreciates their support of the school district and the children.


Alderwoman Jepsen stated that she is a commercial artist.    When she was their age she started winning awards.  She went to college and received her degree.  She encouraged the children to stick with it.  If it is truly in their hearts they will be successful.




Alderman Kramer came before the Board and was sworn in by Mayor Kelly as Alderman for Ward IV.


BIDS – Surplus Property Sale


City Administrator Seemayer stated bids were opened on Tuesday, May 10th for the sale of surplus equipment.  The highest bids were read as follows:  


Ami Auto Broker            Car#1              $3,526                        Car#2              $3,526

ABC Investment                    Vehicle#7        $2,802

Tom Moore                              Car#3              $3,262                        Car#4              $3,363

DC Sales                                  Car#5              $577

Imperial Tractor            Vehicle#6        $3,301




Presentation by the Great Rivers Greenway


Nancy Ullman – Project Manager with Great Rivers Greenway came before the Board and stated the Great Rivers Greenway District was formed when the voters in St. Louis County as well as St. Louis City and St. Charles County voted in November of 2000 favorably on Proposition “C”, which was billed as the clean water, safe parks and community trails initiative.  The legislature had shortly before that set out a procedure in which Metropolitan St. Louis could create an ultra parks district for the purposes of furthering trails and interconnected system of parks.  This is funded by a 1/10th cent sales tax within St. Louis County as well as the City and St. Charles County.  Half of that money goes into a municipal parks commission in St. Louis County and there is a competitive grant process.  The other half goes directly to their district, which is made up of an executive director, six other staff members and herself.  Shortly after their district was formed, the board decided that they would do a regional plan for their district, figure out what to do with the new money and the new mandate.  They came up with the concept of the river ring because they noticed that the Missouri, Mississippi and Meramec Rivers almost form a ring around St. Louis.  The long-range vision is inside the brochure.  They decided they would have a couple of pilot projects.  The Shady Creek Greenway, which was called out in the plan, is one of the two pilot projects.  The other one is the Centennial Greenway.  She illustrated on the map the area included in the Shady Creek Greenway. 


The team is led by HNTB, a local consulting firm.  They are helping them to identify, not only a trail but other things they could do along the greenway to help improve water quality, educate about water quality and improve the look of Shady Creek.  They became aware of Brentwood’s interconnected trails system.  She thinks Brentwood is way ahead of most surrounding communities because they recognized that interconnecting the parks makes them more valuable. 


The timeframe for building a main trail through the Shady Creek Greenway is about five years.  MSD is telling them they will be doing a major sewer project along Shady Creek in the next several years. 


They build things completely with their funds.  Then they try to make a deal with a municipality that they would maintain them.  That gives that municipality buy-in, the flexibility to maintain to the standard they would like, and have local control. 


They would begin by working on Lorraine Davis Park, which does not have a lot of facilities or activities.  The trial would go through that area, go across Brentwood and then go by the Metro garage.  Metro has given them permission to go on their land and to follow the curve of their property.  When they get up to the trestle for the railroad spur, they will need to go under that.  They have talked to the railroad and they agreed.  And then they will try to follow the creek around.  North of the railroad spur is land that is substantially lower in elevation.  The owner will allow them to go through that property.  Then they will go on the north side of the creek because it will save money and come into Deer Creek Park.  The trail projects avoid streets for the most part.  The only street they will have to worry about is Kirkham with a signal, right at Marshall before South of Brentwood and a point in Breckenridge Industrial Court.  Other than that you will have 1.7 miles of trails with no traffic problems whatsoever. 


Alderman Marshall stated he is a big supporter of the trails in Brentwood.  They are currently looking to add a link to one of the trails that they have.  He asked about connecting the trials.


Ms. Ullman stated one of the parts of the plan is to talk about what the neighborhood connectors are to the main trial system. 


Alderwoman Jepsen asked if it is a greenbelt about 20 feet wide with an eight-foot asphalt path.


Ms. Ullman stated the standard for the trial would be ten feet of asphalt.  That is not to say that there could not be other kinds of neighborhood connections that would be a different dimension. 


Alderman Cross asked if the trails are going to be lighted.


Ms. Ullman stated it is not their thought at the moment although that is still open to question.  That is something that could be a project for next year.  They will be back to get input and detailed approval from city councils and appropriate community groups. 




Bill No. 5282 – Reciprocal Easement Agreement


Motion was made by Alderman Golfin, second by Alderman Marshall to remove Bill No. 5282 from hold.  All in favor none opposed.


1st and 2nd Readings of Bills


Motion was made by Alderman Robertson, second by Alderman Cross to give Bills No. 5282 and 5283 first and second readings.  All in favor none opposed.


Bill No. 5282 – Reciprocal Easement Agreement




Alderman Golfin stated the construction is scheduled to begin tomorrow.  They have been alerted and the signage is up for that.  They need to let residents know that Wrenwood at Brentwood Boulevard will not be accessible.  There will be detours along High School Drive to the north and to the south. 


Alderman Kramer stated they are very excited about the project.  He believes the westbound traffic is what is going to be allowed and the eastbound traffic will be detoured.


Alderman Kramer read a synopsis of Bill No. 5282 into record, which is attached to the minutes. 


Alderman Kramer requested his name be added to the bill.


Motion was made by Alderman Kramer, second by Alderman Golfin to approve and adopt Bill No. 5282.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.


The Mayor thereupon declared Bill No. 5282 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3979.


Bill No. 5283 – Metro Lighting Site Development Plan




Mayor Kelly stated this bill is relating to the Metro Electric building in Hanley Industrial Court for renovations of the new retail part of the store and the façade on the exterior of the building.


Alderwoman Jepsen stated it seems to be mostly a warehouse.  Was there feeling that they would exceed the original 46 parking spaces and possibly need the 126 spaces.


Zoning Administrator Wolf came before the Board and stated it is the opinion of the owner of the property that he is only going to need the 46 spaces.  The additional parking spaces up to the 126, is what the calculations end up at.  He shows the ability to hit that number but he does not need it.  There is a section in the code that allows the Board to waive furnishing all the spaces that are required as long as they can be furnished if and when you choose to require them.   If parking problems arise at the site the Board could request that they add another 60 or 80 parking spaces.  


Alderwoman Jepsen asked if delivery trucks would be coming in at what is the upper left hand corner of the property. 


Zoning Administrator Wolf stated they would all come in from the west side of the building.  


Alderman Kramer stated when the façade is complete and the retail side of the business is opened are they going to have signage anywhere on Hanley or Eager Road. 


Zoning Administrator Wolf stated no, only on their property.


Alderman Cross asked what are the hours of the retail store.


Bill Frisella – owner of Metro Lighting came before the Board and stated the hours on the wholesale electric, which is in the rear is Monday through Friday 7:00 a.m. til 5:00 p.m. and Saturday 8:00 a.m. til noon.  The retail will be opened from 8:00 a.m. through 8:00 p.m. three days a week and the other days and Saturday they will be opened until 5:00 p.m.  They are closed on Sunday.


Motion was made by Alderman Cross, second by Alderman Leahy to approve and adopt Bill No. 5283.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.


The Mayor thereupon declared Bill No. 5283 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3980.


Resolution No. 919 – Ambulance User Fee Policy


Alderman Robertson stated the increase in the ambulance user fee went through the Public Safety Committee with a positive recommendation to bring the City in line with the rising rates that are being charged for those services.


Mayor Kelly stated that the residents do not have any ambulance fees.  The City collects what the insurance companies pay.  They reimburse the deductibles.  If a resident does not have any insurance at all they do not pay anything. 


City Administrator Seemayer stated if anybody had an ambulance call where they were transported and it was $650.00 and you had a $500.00 deductible, the bill would be submitted to the insurance carrier.  The insurance carrier would then pay the City $150.00 and send a notice to the resident that they have paid their portion and that the resident from the insurance standpoint would be responsible for the deductible or any co-insurance if they have 80% coverage.  The residents are not sent a bill by the City for that amount. 


Alderman Marshall stated they are following Medicare guidelines with the charges. 


Alderman Leahy stated in the change of the fee from the $425.00 figure to the $650.00 figure, it is his understanding that it will also cover the medical materials that might be used on that call versus where they currently bill separately.


Alderman Marshall stated that was one of the questions that was brought up in the Ways and Means Committee meeting to see if they could also recoup that cost.  They would actually be going over the Medicare charges if they did that.


City Administrator Seemayer stated the previous resolution had an attachment with the list of what those fees were.  That is no longer applicable so it is not on this resolution.  They will not be charging any line item fees for any type of medicines. 


Alderman Leahy stated it was a one bill covers all arrangement.


City Administrator Seemayer stated that was correct.


Alderman Golfin stated the amendment to the ambulance fee policy also received a positive recommendation from the Ways and Means Committee.


Motion was made by Alderman Golfin, second by Alderman Kramer to approve and adopt Resolution No. 919.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.


Resolution No. 920 – ARB


Alderman Cross stated Resolution No. 920 came through the Public Works Committee with a positive recommendation.


Alderman Kramer requested an amendment to Resolution No. 920, Exhibit “A”.  He would like the words “and condominium” added after the words “existing home”. 


Motion was made by Alderman Robertson, second by Alderman Cross to amend Resolution No. 920 by adding the words “and condominium” after the words “existing home” in the attached Exhibit “A”.  All in favor none opposed.


Alderman Kramer read a synopsis of Resolution No. 920 into record, which is attached to the minutes.


Alderwoman Jepsen stated although those items don’t have to go in front of the ARB a certain amount of them still require permits. 


Motion was made by Alderman Cross, second by Alderman Marshall to adopt Resolution No. 920 as amended.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.




Warrant List


Motion was made by Alderman Marshall, second by Alderman Robertson to accept the revised warrant list dated 5/16/05.  All in favor none opposed.


Alderman Kramer asked about the amount listed on the warrant list for police car computers.


City Administrator Seemayer stated the computers are rather expensive, so they have been slowly installing them in all the vehicles.  This brings them up to a total of six.  They would like to have somewhere around 8 to 10 total.




Mayor’s Report


Committee Appointment List


Mayor Kelly submitted a committee appointment list to the Board for consideration.  There were two significant changes to the list. There is no longer a storm water committee and City Attorney Murphy is resigning, and a new city attorney is being appointed. The Mayor’s recommendation is to appoint Frank Albrecht.  They decided as a Board that storm water issues could be handled by the Public Works Committee.  Jerry  Murphy will continue with the open files they are working on and also help Mr. Albrecht with the transition.


Alderwoman Jepsen requested being added to the Waste Management Task Force.   


Motion was made by Alderman Cross, second by Alderman Marshall to approve the committee appointment list as amended.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.




Mayor Kelly stated EverBank would be having an Art Show and an Open House on May 26th from 4:30 p.m. to 7:00 p.m.   The Board and the Planning and Zoning Commission are welcome to attend.


Golf Tournament


Mayor Kelly reminded everyone of the Golf Tournament scheduled for Friday, June 17th.  The beneficiaries for this year are the Brentwood Foundation, Brentwood Football League and Special Education Foundation. He encouraged residents to come out and play in a relaxed atmosphere.  The tournament is also well supported by the businesses, which the City greatly appreciates.




The summer schedule for the Board of Aldermen meetings will start next month.  There will be one Board of Aldermen meeting on the third Monday of each month through September. 


Meridian Pharmaceuticals


Mayor Kelly stated Meridian Pharmaceuticals would be moving out of Brentwood.  They will be leaving eleven of the twelve buildings that they are in in Hanley Industrial Court.  This will be a big hit to the City from a revenue standpoint for business license fees, which is around $175,000, as well as the number of employees that work there who shop in the area and go to the restaurants, etc.


Alderman Marshall stated King Pharmaceuticals bought them.  Their goal is to move everything into one area.   


Mayor Kelly stated it is a concern in that area not only with Meridian Pharmaceuticals but KV Pharmaceuticals.  The fact that they are in so many different buildings is inadequate.  That is why Meridian is moving.  They want to consolidate and move their employees into one facility.  The only building that they are staying in is the actual production lab, which is about 40,000 square feet.


Richard Byrd


Mayor Kelly stated Richard Byrd, a House of Representative member from Kirkwood passed away from a heart attack Saturday evening.  He extended his condolences to Representative Byrd’s family and friends in the Kirkwood area.  Richard was instrumental in helping the City with TDD legislation to get it passed for the multi-jusrisdiction of TDDs.  He sponsored the bill at the House level to get that done.  He was one of the hardest working people in the Capitol.  Our thoughts and prayers go out to his family.


Public Safety Committee – No report


Public Works Committee – No report


City Engineer – No report


Parks – No report


Zoning Administrator – No report


Ways and Means Committee – No further report


Planning and Zoning – No report


City Attorney




Mayor Kelly stated City Attorney Murphy is resigning and he appreciates his service to the City since 1997.


City Clerk/Administrator – No report


Director of Economic Development


Design Forum


Director of Economic Development Shelton came before the Board and stated there will be a Brentwood Design Forum at the Brentwood High School cafeteria from 6:30 – 8:30 p.m. as part of the Comprehensive Plan.


Their working documents are posted on the website at


Business Group Focus Meeting


This past Thursday they had a business group focus meeting.  The interesting thing is from the 100 businesses they contacted, 7 businesses showed up.  The positive side of that from the consultant’s standpoint was that most of the businesses are happy in Brentwood, so they did not see a need to come out on a Thursday evening and participate.




Economic Development Director Shelton stated that the Mayor discussed some meetings ago a couple of property owners on Manchester Road that expressed an interest in the RFP.  He indicated at the time there was a third property owner that they had not received a response from.  They talked to them today.  It is the 8500 block of Manchester between Ruth and Helen.  They have talked to all the property owners and they are in agreement to go ahead with the RFP.  He recommended that they go ahead with the RFP and see what kind of response they get for that area.


Alderman Leahy stated this is an RFP being initiated by the property owners and thus it does not fall under the moratorium currently in place until the Comprehensive Plan is completed.


Mayor Kelly stated that is correct.


Excise Commissioner – No report


Library – No report


Municipal League – No report


Waste Management Commission – No report


Communication – No report


Insurance Committee – No further report


Historical Society – No report




Swim Club Road


Alderman Marshall stated he received a letter from Brentwood Swim Club requesting that some repairs be made to Swim Club Road.  It is their belief from an attorney that they hired that found documentation that the road is owned by the City of Brentwood.  They are not asking to completely repave the road.  They are requesting the road be kept maintained.  There is some talk about removing the speed bumps. 


Mayor Kelly stated this is an issue that seems to come up every four or five years as to whose road it is, etc.  From a City’s standpoint they wouldn’t want to totally abandon the road because at some future time they may want to put another north/south road in there and use that as an access to Hanley Industrial Court.  He does not think it would be a major expense removing the speed bumps and fixing potholes, which could be done by Public Works.  The issue will be discussed in the Public Works Committee meeting.


Alderman Leahy stated from what he recalls on this issue the actual ownership of the road is in question.  Could documentation be presented to the Board, so they can make an informed decision. 


Mayor Kelly stated he does not want to go into the legalities of it because of the money the City will have to spend.  It is not worth spending the money to determine who actually owns it at this point.  If the City wants to own it, it should be left the way it is.  If somebody ever tries to take ownership of it then at that point the City could do a quit claim on it. 


Alderman Leahy asked if it is possible that the City post notice to claim ownership. 


Mayor Kelly asked City Attorney Murphy what would be the process for taking ownership.


City Attorney Murphy stated it would need to be researched.


Mayor Kelly stated the City has spent a lot of money researching it a number of times and they end up at the same place where nobody wants to take any action.


Alderman Marshall stated there were two roads that ran along pool road, which was the right of way, similar to where the park goes down to Manchester.  The landowners that built the subdivision on either side deeded those roads to Brentwood when it became clear there was no use for them.  That is what they are basing their facts on.  They went all the way back to 1895.


Alderman Golfin stated he would agree that if the Public Works Committee approves this action to maintain the road they should move ahead with it. 


The Board indicated they agree to move forward.




Yorkshire Storm Water Detention


Alderman Kramer stated he and Alderman Golfin wanted to extend a very large thank you for a project that was quite extensive on the west side of Brentwood Forest now complete.  The re-plumbing of the Yorkshire storm water detention egress on the Brentwood Forest property was left in fine fashion upon completion. 


Manhasset Village


The Manhasset Village demolition is now undergoing an extensive asbestos abatement that has been mandated.  That abatement process is going to take a little bit longer than originally anticipated.  It will be phased for most of the summer.  The first construction will take place after the abatement is completed.  The western most edge of the property with the townhouse upstairs and downstairs configurations as well as the re-routing and configuration of the McCutheon Road headed directly south to Eager approximately at Peacock Lane.


Ward 3 Meeting


Ward 3 meeting will be held Tuesday, May 31 at 7:00 p.m. in the Council Chambers.  All residents are invited.




Motion was made by Alderman Cross, second by Alderman Marshall to adjourn the meeting at 8:20 p.m.  All in favor none opposed.



                                                                                    Pat Kelly, Mayor





Chris Seemayer, City Clerk