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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                           June 20, 2005

Council Chambers                                                                                             7:00 p.m.

 

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

 

City Attorney Albrecht, City Clerk/Administrator Seemayer, Director of Public Works/City Engineer Payken, Director of Economic Development Shelton and Executive Secretary Williams.

 

Absent:City Treasurer Reynders.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF JUNE 20, 2005

 

Motion was made Alderman Kramer, second by Alderman Leahy to amend the Agenda of the Regular Board of Aldermen Meeting of June 20, 2005 by removing Item D., 1., “Appeal of ARB Decisions” and adding Item E., 1., to amend Ordinance No. 3943 regarding “construction guidelines” by removing the “sunset clause”.  Alderman Kramer stated the Public Works Committee recommended at the June 10th meeting removal of the “sunset clause” placed on Ordinance No. 3943.  City Administrator Seemayer has acknowledged while this is possible they would additionally have some paperwork at the next meeting.  The “sunset clause” deadline is June 30th. 

 

Mayor Kelly stated the reason for the removal of the “Appeal of ARB Decision” from the agenda is the two applicants have met with the ARB and they have resolved their issues. 

 

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

 

Motion was made by Alderman Leahy, second by Alderman Robertson to approve the Agenda of the Regular Board of Aldermen meeting of June 20, 2005 as amended.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MAY 16, 2005

 

Motion was made by Alderman Golfin, second by Alderman Robertson to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of May 16, 2005.  All in favor none opposed.

 

BIDS – None

 

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

 

Joan Beeman – 8500 Rosalie Avenue came before the Board and asked who is responsible for maintaining the easements in Brentwood. 

 

Mayor Kelly stated if it is an easement behind the resident’s house, usually it is a utility easement, and the property owner is responsibility for maintaining that easement. 

 

Barb Hughes – 2001 Urban came before the Board and thanked the Public Works and Park Departments for the park agreement with Richmond Heights and Maplewood.  Maplewood now has a dog park by the new Metro Link station off Manchester and Hanley Roads.  The grand opening celebration will be held in July. 

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Bill No. 5260 – Canvassers and Solicitors

 

Bill No. 5260 will remain on hold.

 

1st and 2nd Readings of Bills No. 5284 and 5285

 

Motion was made by Alderman Cross, second by Alderman Leahy to give Bills No. 5284 and 5285 first and second readings.  All in favor none opposed.  

 

Bill No. 5284 – Resubdivision of 2323 St. Clair

 

City Attorney Albrecht gave Bill No. 5284, AN ORDINANCE OF CONDITIONAL APPROVAL OF A PRELIMINARY PLAT RESUBDIVIDING LOT 12 AND 13 OF PARKRIDGE SUBDIVISION ALSO KNOWN AS PROPERTY NUMBERED 2323 ST CLAIR AVENUE, ESTABLISHING CONDITIONS TO THAT PRELIMINARY APPROVAL OF THE RESUBDIVISION AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5284 into record, which is attached to the minutes.

 

Motion was made by Alderman Leahy, second by Alderman Cross to approve and adopt Bill No. 5284.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5284 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3981.

 

Bill No. 5285 – Resubdivision of 2520 Annalee

 

City Attorney Albrecht gave Bill No. 5285, AN ORDINANCE APPROVING A PRELIMINARY AND FINAL PLAT WHICH RESUBDIVIDES PART OF LOT 8, BLOCK 6 OF WARREN PLACE SUBDIVISION INTO TWO LOTS AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5285 into record, which is attached to the minutes.

 

Motion was made by Alderman Golfin, second by Alderman Robertson to approve and adopt Bill No. 5285.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5285 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3982.

 

Mayor Kelly stated that the two subdivisions re-enforces the attitude that people want to live in Brentwood.  Both of the subdivisions are with current property owners who are building new homes on their lots so they could stay in the City of Brentwood. 

 

Alderwoman Jepsen asked if the existing homes on either one of the properties are going to be torn down. 

 

Mayor Kelly stated he is aware that the home on Annalee will be torn down but is not sure about the St. Clair property.

 

Alderwoman Jepsen stated that neighbors are being taken by surprise.  They leave in the morning and leave their windows open.  When they return home, the homes have been destroyed and the dust and debris have blown into their homes.  In the Public Works Committee meeting, they talked about notifying the immediate neighbors when the demolition was going to take place so people could close their windows the day of the demolition.

 

Resolution No. 922 – ARB

 

Alderman Cross stated they made an amendment to Resolution No. 920 at the Public Works Committee meeting last Thursday.  They added a sixth “whereas” and “Exhibit B”.  It is a growing pain that they are finding in the ARB legislation.  The original legislation required sealed drawings to come before the ARB.  They wanted to change that so the applicant could come forward with just schematic drawings and not invest in a set of sealed drawings before their approval and Resolution No. 922 takes care of that.  Their Committee is hoping to use Resolution No. 922 as a catchall for the things that they are finding out that need to be changed.  At some point they will have the Public Works Committee, along with the ARB and the new zoning administrator discuss the needed changes and then do that one time before the Planning and Zoning Commission.

 

Motion was made by Alderman Cross, second by Alderman Wynn to approve and adopt Resolution No. 922.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Removal of the “Sunset Clause” on Construction Regulations

 

Alderman Wynn asked if they have had any problems with the regulations.

 

Mayor Kelly stated they have had problems with people’s interpretation of their enforcement but not with the actual guidelines.

 

Motion was made by Alderman Golfin, second by Alderman Kramer to remove the “Sunset Clause” from Ordinance No. 3943, the construction guidelines ordinance.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderman Golfin to approve the warrant list dated 6/20/05. 

 

Alderwoman Jepsen asked if the $12,661.00 for ERB Equipment being charged against storm water/parks is for a utility vehicle.  She asked why that was not taken out of the parks budget.

 

City Administrator Seemayer stated that is one fund, which is for storm water and park usage.  Within that fund there are certain accounts for storm water expenses and certain accounts for park expenses.  That is actually charged to the capital improvement account but it comes out of Fund 50 Storm Water/Park Fund.

 

Alderwoman Jepsen asked if the City received a grant for the lighting.  If the City pays for the lighting will the grant reimburse the City?

 

City Administrator Seemayer stated the City received a grant for $154,000.  The City makes the payment to the contractor then they submit for the reimbursement through the municipal grant district.

 

Alderwoman Jepsen stated the warrant list shows interest payment for the C.O.P. police station.  She asked if the City is also making payments towards the principal.

 

City Administrator Seemayer stated the general obligation bonds and certificate of participation are semi-annual payments.  One payment is interest only and the other payment, six months later, is interest and principle.

 

Alderman Golfin stated relative to that storm water/sewer park charge, while it is not on the warrant list, how are they charging the lateral sewer charges.

 

City Administrator Seemayer stated that is a totally separate fund.  It would appear on that warrant list as a lateral sewer fund if they had an item over $2,000. 

 

Alderman Leahy asked for an explanation as to what were the repairs at 6579 Parkridge Avenue.

 

City Administrator Seemayer stated that was for the sleary seal that was done on the entire section of Parkridge Avenue.  It was misinterpreted. 

 

Alderman Leahy asked for a copy of the material safety data sheets on the chemicals they are using on the mosquito spraying and any related information the City may have on health hazards to both humans and family pets.

 

Roll call to accept the warrant list as submitted:  All in favor none opposed.

 

REPORT OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Mayor Kelly announced an Executive Session/Legal and Personnel Matters would be held following the meeting.

 

Committee Appointments

 

Mayor Kelly recommended Ellen Walthers be appointed to the Library Board to replace Suzanne Matthews who has resigned. 

 

Mayor Kelly also recommended Bryan Kaemmerer to serve as the new Public Defender. 

 

Motion was made by Alderman Cross, second by Alderman Wynn to approve the appointment of Ellen Walthers and Bryan Kaemmerer to the positions stated above.  All in favor none opposed.

 

Going out of Business Sale

 

Mayor Kelly stated there were signs up over the weekend that Organized Living was having a going out of business sale.  The City received notice on Friday that they had filed for bankruptcy.  It is their indication that people are already interested in that site. 

 

Alderman Leahy stated Organized Living had people on the corners with signs.  By ordinance that is allowed because they are not posting signs as much as they have a person hand holding the signs.

 

Mayor Kelly stated they were doing both and for those types of signs he does not know if there is an ordinance against them.

 

Director of Public Works/City Engineer Payken stated it is his understanding that all premises signs are not allowed by the sign code whether they are held in someone’s hand or posted on a sign in the ground, etc. 

 

Alderman Leahy asked that the City advise Organized Living of that arrangement and see if they will work to coordinate with the ordinance. 

 

Director of Public Works/City Engineer Payken stated he will pass the information on to the manager of Organized Living but he is not sure how cooperative they will be lacking any other kind of enforcement efforts.

 

Mayor Kelly stated Ultimate Electronics is doing the same thing, so the City should have those signs picked up as well. 

 

Jerry Wolf - Retirement

 

Mayor Kelly stated Jerry Wolf is in attendance this evening and it will most likely be his last Board of Aldermen meeting.  Mayor Kelly asked Mr. Wolf to come forward and accept a plaque from the City in recognition of his 11 years of service to the community of Brentwood.  Mr. Wolf will be officially retired at the end of June.   

 

Mr. Wolf stated it has been a distinct pleasure.  His job has been about 97% enjoyable and you cannot ask for anymore than that out of a job.

 

Public Safety Committee – No report

 

Public Works Committee

 

Alderman Cross stated a Public Works Committee meeting will be held on Thursday, June 23rd at 2:00 p.m. in the Conference Room.

 

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

 

Comprehensive Plan

 

Director of Economic Development Shelton came before the Board and stated the committee for the Comprehensive Plan met this past Wednesday.  A packet was distributed to the Board, a status report from the consultant, and some of the other consultants work product was in there as well.  One of the reasons the committee wanted to hand the information out is the consultant is going to be in the City Hall Conference Room each Wednesday between now and July 13th from 4:00 to 6:00 p.m.  He would like the Board members to attend because it will be a great opportunity for interaction with the consultant.

 

Alderman Kramer asked Mr. Shelton to remind the Board and the residents about the timeline and when they might expect a finished product. 

 

Mr. Shelton stated they hope to have a draft plan and an open house to go over that at the end of the summer.  They would probably have a draft document in August and an open house in September. They are also planning to have resident focus groups at the end of August and September as well to give feedback on the draft plan.  They want to get that input from the focus groups and then bring it back to the steering committee and they will have a document to take to the Planning and Zoning Commission and the Board.

 

Development

 

Mr. Shelton stated Organized Living is going out of business but the Brentwood store is the #4 store in the country, which speaks to the quality of the stores in Brentwood and of the development projects. 

 

Mr. Shelton stated that they have been working with DCM Management.  Metro had filed condemnation on DCM, the developer of the Meridian, to take the property to build a parking garage, which would take it off the tax roles for the schools and the City.  They have gotten involved and now they meet once a week with the developer and Metro and are making great progress to have a garage that meets the need of the developer, the City and Metro Link.  One of the great things is it will have bus turnaround space in it and it will be shared use parking, so when the office parking spaces are not being used Metro Link customers will have an additional 800 spaces. 

 

Mayor Kelly stated one of the ways they got them to come to the table was they initially offered a three way agreement working with the developer and Metro that the City would actually finance the garage in order to make it appealing to everyone.  It made sense to the City because the City needed some things in that garage like the bus turnaround, which they were not going to do.  It would not have cost the City anything.   The City would have just been the bearer of the bonds.  The City will probably not have to play any part in that financing.  Metro has said that they can move forward and pay for it with their own means and DCM is going to move forward as well.

 

Alderman Robertson asked what would be the height of the garage and how many spaces will it have.  Will they be bringing it before the Board, the Planning and Zoning Commission and the ARB?

 

Mr. Shelton stated they would have to come to the Board of Aldermen for approval.  The concept site plan approval has been through the Planning and Zoning Commission so it will be a question of whether it is a significant change. 

 

Mayor Kelly stated they would have to go to the Planning and Zoning Commission for final approval.  The garage will have 1200 plus spaces.  To get an idea of what it would look like, picture the Clayton garage, which is about the same footprint and height with 1200 spaces. 

 

Mayor Kelly stated that the Purina building would be coming down.  They have to do that in order to have enough parking for BJC to move into their offices hopefully by November.  Once the garage is complete they will have 444 spaces available for Phase I BJC parking.  At that point it will free up the other space to start the construction of the office building. 

 

Excise Commissioner

 

Goff Moll Legion Post – Temporary Liquor License

 

Excise Commissioner Clements stated the Goff Moll Legion Post has asked for a two-day permit to sell beer at Brentwood Days on September 16 and 17.  All is in order.

 

Motion was made by Alderman Cross, second by Alderman Robertson to approve the temporary liquor license for Goff Moll Legion Post for Brentwood Days.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Liquor License Renewals

 

Excise Commissioner Clements stated the annual renewals for the liquor licenses are before the Board for approval.

 

Motion was made by Alderman Golfin, second by Alderman Cross to approve the liquor license renewals as presented.  Roll call: Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Library

 

Alderman Wynn stated the Library Board would not be meeting in July and August.  They take those months off.  Comparing last year to this year, they were up 20% in the amount of usage in the library.  It just continues to grow and they are doing a fine job. 

 

Alderman Leahy stated they received notification from St. Louis County Library that the City of Brentwood, Rock Hill and a couple of other municipalities no longer extend the courtesy of holding library materials from the county library system.  You have to go in and pick up an item yourself and pull it or you have to pay an additional $50.00 fee. 

 

Alderman Wynn suggested Alderman Leahy talk to John Furlong about the fee.

 

Municipal League – No report

 

Waste Management Commission

 

Alderman Golfin stated a meeting would be held on Thursday, August 18th at 7:00 p.m. at City Hall.  They hope to have some information on their recycling progress.  Bob Shelton has been working on a grant request so they can publicize and educate people about recycling and hopefully get some better procedures in place for condominiums and apartments.

 

Alderwoman Jepsen stated she and Mr. Shelton attended a forum put on by the Municipal League on recycling at Creve Couer City Hall.  Everyone has done a good job on the recycling in Brentwood. It struck her as they listened to people ask question how far ahead of many municipalities Brentwood is in the recycling efforts.  It was a good feeling.  There were many people who sounded like they were just getting started.  There were also some questions that were highlighted on all the hard work that Brentwood now picks up its own trash and there were people expressing a lot of interest in how that was done too.

 

Communication – No further report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS

 

Alderman Marshall asked Mr. Shelton for a status report on the path and the bridge.

 

Mr. Shelton stated they spoke to the consultant late last week and they wanted to get the bridge ordered.  They have asked for more updated materials on the bridge decking to alleviate any noise that may go out into the neighborhoods.  He is having difficulty pulling that information together.  As soon as he can get that information together and give them a price for those materials they will be able to order the bridge.  The bridge will take 12 to 14 weeks to come back. 

 

Mr. Shelton stated that the consultant has submitted the right of way request to both Target and the owners of the shopping center, which is Developers Diversified. They have been working through the Sansone Group who represents them.  Once they have all the final drawings from St. Louis County, they will move forward.

 

NEW BUSINESS

 

Ward 3 Meeting

 

 

Alderman Leahy stated a Ward 3 meeting would be held on Tuesday, June 28th at 7:00 p.m. in the Council Chambers.

 

Cancellation of Meeting

 

Mayor Kelly stated he would like the Board to consider canceling the July Board of Aldermen meeting, being prepared to schedule a special meeting if one is needed.  He knows that three of the aldermen will not be in town for that meeting and potentially he could be out of town that week as well.

 

Motion was made by Alderman Golfin, second by Alderman Robertson to cancel the July 18th Board of Aldermen meeting with the ability to schedule a special meeting if needed.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Recess

 

Motion was made by Alderman Cross, second by Alderman Leahy to recess the meeting at 7:55 p.m. for an executive session legal and personnel matter.  All in favor none opposed.

 

Executive Session

 

Motion was made by Alderman Cross, second by Alderman Marshall to enter into executive session on legal and personnel matters at 8:10 p.m.  All in favor none opposed.

 

Present for the executive session were Mayor Kelly, all aldermen, City Attorney Albrecht, Special Counsel Jerry Murphy and Chris Seemayer.

 

After discussion, motion was made by Alderman Marshall, second by Alderman Robertson to send Resolution No. 921 to the next Board of Aldermen meeting with amendments made in executive session.  All in favor none opposed.

 

Motion was made by Alderman Marshall, second by Alderman Leahy to return to open session at 9:12 p.m.  All in favor none opposed.

 

ADJOURNMENT

 

Motion was made by Alderman Leahy, second by Alderman Kramer to adjourn the meeting at 9:14 p.m. All in favor none opposed.

 

 

                                                                                                                                               

                                                                                    Pat Kelly, Mayor

 

Attest:

 

                                                           

Chris Seemayer, City Clerk