Go To Search
Emergency Alert
 

View Other Items in this Archive | View All Archives | Printable Version

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                     August 15, 2005

Council Chambers                                                                                                   7:00 p.m.

 

Roll Call

 

Present:            Mayor Kelly, Alderman Marshall, Alderman Golfin, Alderman Kramer, Alderman Robertson, Alderman Wynn and Alderman Cross.

 

City Attorney Albrecht, City Clerk/Administrator Seemayer, Director of Public Works/City Engineer Payken, City Treasurer Reynders and Executive Secretary Williams.

 

Absent:             Alderwoman Jepsen, Alderman Leahy and Director of Economic Development Shelton.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF AUGUST 15, 2005

 

Motion was made by Alderman Golfin, second by Alderman Robertson to approve the Agenda of the Regular Board of Aldermen Meeting of August 15, 2005.  Roll call:  Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SPECIAL BOARD OF ALDERMEN MEETING OF AUGUST 1, 2005

 

Motion was made by Alderman Cross, second by Alderman Marshall to approve the Minutes of the Special Board of Aldermen Meeting of August 1, 2005 as presented. Roll call:  Alderman Marshall, 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 JUNE 20, 2005

 

Motion was made by Alderman Cross, second by Alderman Kramer to approve the Minutes of the Regular Board of Aldermen Meeting of June 20, 2005 as presented.  Roll call:  Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

BIDS – 2006 One (1) Ton Pickup and Plow Trucks

 

City Administrator Seemayer read into record the bid results for 2 - 2006 One (1) Ton Pickup and Plow Trucks as follows:

 

Reuther Ford                 2 – 2006 F 350 Pickup Trucks            $53,742.00

 

Broadway Ford            2 – 2006 F 350 Pickup Trucks            $55,999.60

 

The bids were reviewed in the Public Works Committee meeting of August 3rd.

 

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

 

Presentation of 2004 Audit

 

Mayor Kelly stated the presentation of the 2004 Audit would be postponed until the next meeting. 

 

Presentation by American Traffic Solutions

 

Mayor Kelly stated American Traffic Solutions has a video monitoring system that monitors people illegally running red lights.  He requested the Public Safety Committee review the proposal and make recommendation to the Board.

 

Jay Specter – American Traffic Solutions came before the Board and stated the purpose of a video monitoring system is to reduce accidents and fatalities at intersections.  Red Light Camera Systems are currently used in 22 states, including the District of Columbia.  Their experience has been that you see a reduction of 72% in violations, 35% in fatalities and 41% in accidents at intersections.  The Red Light Camera System photographs anybody who enters the intersection when the signal is red by taking a photograph of the rear of the vehicle and license plate.  The violation is then mailed out to the registered owner of the vehicle and that person is responsible for the ticket.  If the owner of the vehicle were not driving at the time, the ticket would be issued to the individual that was.  The system produces a clear picture of the license plate in all conditions.  The system has proven time and time again its reliability and there would be no cost to the City. 

 

Mayor Kelly stated that another big safety factor that would be a great advantage to the police officers is the 24-hours a day video camera that is part of the system.  If there was an accident at an intersection and the police arrive on the scene they would immediately log onto the website and be able to watch the accident just seconds after it happened.       

 

Public Hearing – 7:15 p.m. – Property Tax Rates

 

Mayor Kelly announced the public hearing for the setting of the 2005 property tax rates would now be heard at 7:15 p.m. 

 

City Administrator Seemayer stated the proposed tax rates for the year 2005 are as follows:

 

General Fund

                                    Residential Rate $.000            Commercial Rate $.158

Library Fund   

                                    Residential Rate $.157            Commercial Rate $.136

 

Police and Firemen’s Retirement Fund

                                    Residential Rate $.388            Commercial Rate $.411

 

The total real estate rate for residential is $.545 and commercial is $.705, which brings the property tax rate for both to $.771.

 

Mayor Kelly asked if there were any comments from the audience. 

 

There were none.

 

Mayor Kelly announced the public hearing closed at 7:17 p.m.

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

First and Second Readings of Bills

 

Motion was made by Alderman Golfin, second by Alderman Cross to give Bills No.

5290, 5291, 5292, 5293, 5294 and 5295 first and second readings.  All in favor none opposed.

 

Bill No. 5290 – Removing Sunset Clause

 

City Attorney Albrecht gave Bill No. 5290, AN ORDINANCE AMENDING ORDINANCE NO. 3959, SECTION 3, BY REMOVING THE SUNSET CLAUSE ESTABLISHED FOR CONSTRUCTION REGULATIONS APPLICABLE TO THE CONSTRUCTION OF NEW HOUSES; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND, PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings.

 

Mayor Kelly stated the Board had approved the removal of the sunset clause established for construction regulations at the June meeting.  This bill makes it official. 

 

Alderman Kramer read a synopsis of Bill No. 5290 into record.  A copy of the synopsis is attached to the minutes.

 

Motion was made by Alderman Kramer, second by Alderman Cross to approve and adopt Bill No. 5290.  Roll call:  Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5290 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3987.

 

Bill No. 5291 – Amending Chapter 5

 

City Attorney Albrecht gave Bill No. 5291, AN ORDINANCE AMENDING CHAPTER 5 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY DELETING SECTION 5-5 IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW SECTION 5-5 (a), (b), (c), AND (d) 1, 2 AND 3; BY ADDING A NEW SECTION 5-5.1; AND DELETING SECTION 5-26 (e) IN ITS ENTIRETY; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND, PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5291 into record.  A copy of the synopsis is attached to the minutes.

 

Alderman Golfin stated the changes are mandated by MSD.  It is a little incongruous that MSD should require that they pay specific attention to animal fecal matter and at the same time they have combined sanitary sewage flowing into sewers and open trenches in Brentwood.  It should be brought to the attention of MSD to concentrate and focus their efforts on things that are more important environmentally than this particular action.

 

Motion was made by Alderman Golfin, second by Alderman Marshall to approve and adopt Bill No. 5291.  Roll call:  Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5291 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3988.

 

Bill No. 5292 – Financial Interest

 

City Attorney Albrecht gave Bill No. 5292, AN ORDINANCE READOPTING ORDINANCE NO. 3153, SECTION 2-471 OF CHAPTER 2 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD FOR 1987; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5292 into record.  The synopsis is attached to the minutes.

 

Motion was made by Alderman Wynn, second by Alderman Robertson to approve and adopt Bill No. 5292.  Roll call:  Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5292 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3989.

 

Bill No. 5293 – Property Tax Rates

 

City Attorney Albrecht gave Bill No. 5293, AN ORDINANCE TO CONFIRM, RATIFY AND APPROVE THE RATE OF TAX TO BE ASSESSED AND COLLECTED FOR EACH ONE HUNDRED DOLLARS ($100) OF ASSESSED VALUATION FOR THE YEAR 2005 FOR: (A) GENERAL MUNICIPAL PURPOSES; (B) TO PAY PRINCIPAL AND INTEREST AS THE SAME MATURES ON INDEBTEDNESS OF THE CITY OF BRENTWOOD EVIDENCED BY BONDS; (C) TO PAY FOR THE MAINTENANCE OF THE PUBLIC LIBRARY; AND (D) TO PROVIDE THE ANNUAL CONTRIBUTION TO THE CITY OF BRENTWOOD’S POLICE AND FIREMEN’S RETIREMENT FUND; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings.

 

Mayor Kelly stated the City received a fax from the Missouri Growth Association, which is an organization of commercial real estate developers or members.  They represent the commercial real estate industry in Missouri.  A few years ago the State of Missouri changed their laws so that they could break out commercial real estate and residential real estate and set different tax rates for those two groups.  At that time Brentwood was one of two cities in St. Louis County that had the ability to take advantage of that and lower the residential property tax rate.  The Missouri Growth Association is challenging their ability to have a different rate for residents than they do for commercial.  This will be the third year the City has been able to do that.  After this year it goes statewide which is the way the law was written by the State.  The Missouri Growth Association is afraid that as it goes statewide more municipalities will be able to take advantage of the redistribution of taxes.

 

Alderman Robertson asked if it is a lawsuit or challenging of the State ordinance. 

 

City Administrator Seemayer stated they threatened, if they could find a commercial property owner in Brentwood, to file a class action lawsuit. 

 

Alderman Marshall pointed out that Brentwood has one of the lowest tax rates for commercial.

 

Alderman Kramer stated he has had a number of his constituents continue to ask him if the City is not raising the rates on residential why are their property taxes continuing to go up.  They have no utility taxes.  There has recently been some action by the school district, which has an impact on residential property taxes.

 

Mayor Kelly stated they have the inflationary rate that will increase taxes somewhat.  Over the period of the last six or seven years, almost every time the City had reduced the property tax rate the school district was fortunate enough to have a bond issue or a tax rate increase.  When Brentwood had eliminated $.27 in property taxes in the past, the school district raised theirs $.29, so the residents did not see any benefit from that.  The reality of it is that Brentwood’s total tax rate is, if not the lowest, the second lowest total property tax rate in St. Louis County.

 

City Administrator Seemayer stated because of the Hancock Amendment Brentwood’s rates have to rollback so they do not take in any more revenue than they took in the previous year except for an inflation amount that is set by the State, which is usually in the 2 to 3% range.  However, the average assessed value increase this year in Brentwood for residential property was 19%.  If you were at 19% or below you would not see any property tax increases from Brentwood.  If your assessed value went up over 19% you could see an increase.  The commercial assessed value has gone up 52% in the City of Brentwood in the past year.   The City also has a debt service fund that the voters approved in 1992 and 1993 for street and park bonds, which has been set at $.000 for both residential and commercial.   

 

Alderman Kramer read a synopsis of Bill No. 5293 into record.  The synopsis is attached to the minutes.

 

Motion was made by Alderman Cross, second by Alderman Marshall to approve and adopt Bill No. 5293.  Roll call:  Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5293 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3990.

 

Bill No. 5294 – Site Development Plan

 

City Attorney Albrecht gave Bill No. 5294, AN ORDINANCE GRANTING APPROVAL OF A SITE DEVELOPMENT PLAN FOR PARKING LOT CONSTRUCTION AND A NEW BUILDING FAÇADE FOR AN OFFICE/RETAIL/WAREHOUSE BUILDING AT 425 HANLEY INDUSTRIAL COURT WHICH PERMITS UNDER THE PROVISIONS OF CHAPTER 25, SECTIONS 126 AND 260 OF THE BRENTWOOD CITY CODE THE DEVELOPMENT OF THAT SITE; PROVIDING THE CONDITIONS TO SUCH DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCES, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5294 into record.  The synopsis is attached to the minutes.

 

Motion was made by Alderman Golfin, second by Alderman Robertson to approve and adopt Bill No. 5294.  Roll call: Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5294 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3991.

 

Fred Epstein – Indeeco/425 Hanley Industrial Court came before the Board and stated that next year will be their 50th year in Brentwood.  One of the features of the redevelopment is that they are providing for water retention. 

 

Bill No. 5295 – Issuance of Bonds

 

City Attorney Albrecht gave Bill No. 5295, AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAX INCREMENT REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES 2005 (BRENTWOOD SQUARE PROJECT) OF THE CITY OF BRENTWOOD, MISSOURI, AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE BONDS, its first and second readings.

 

Mayor Kelly stated this bill refinances the Brentwood Square TIF notes by taking advantage of lower interest rates.  He asked what was the date for the retirement of the bonds.

 

Jim Lahay – Stifel Nicolaus Company stated it depends on what assumptions they use for growth.  If they assume no growth in revenues, which has not been the history, it would be retired in ten years. 

 

Alderman Kramer read a synopsis of Bill No. 5295 into record.  The synopsis is attached to the minutes.

 

Motion was made by Alderman Golfin, second by Alderman Cross to approve and adopt Bill No. 5295.  Roll call:  Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5295 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3992.

 

Resolution No. 923 – Mayors of Small Cities Meeting

 

Mayor Kelly stated the Mayors of Small Cities Organization of which he is the chairman would be holding their monthly meetings at Brentwood City Hall.  As part of their tradition, they have a light dinner after the meetings and serve beer and wine.  If approved, Resolution No. 923 would allow them to do that.

 

Alderman Wynn stated in all the years he has been on the Board all he has seen is a continuing usage of alcohol in more and more places and at more and more events. It is unfortunate that groups cannot have meetings or get together without alcohol being served or to just go out afterwards and have alcohol. 

 

Alderman Marshall pointed out that City funds would not be used for that. 

 

Motion was made by Alderman Golfin, second by Alderman Marshall to approve and adopt Resolution No. 923.  Roll call:  Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, no; Alderman Cross, yes.

 

Resolution No. 924 – Extending Sunset Clause Deadline

 

Alderman Kramer read a synopsis of Resolution No. 924 into record, which is attached to the minutes. 

 

Motion was made by Alderman Kramer, second by Alderman Cross to approve and adopt Resolution No. 924.  Roll call:  Alderman Marshall, 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 August 15th.  All in favor none opposed.

 

REPORT OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Executive Session/Personnel Matter

 

Mayor Kelly announced the executive session/personnel matter would not be needed this evening. 

 

Brentwood Days Festival

 

Mayor Kelly reminded everyone that the Brentwood Days Festival would be held on Friday, September 16th and Saturday, September 17th at Brentwood Park.  Mayor Kelly thanked City staff for all the work associated with making the arrangements and making Brentwood Days Festival a great success every year. 

 

Public Safety Committee

 

Alderman Robertson stated a Public Safety Committee meeting will be held on August 31st at 4:00 p.m.

 

Public Works Committee – No further 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

 

City Clerk/Administrator – No report

 

Director of Economic Development

 

Resignation

 

Mayor Kelly announced that Bob Shelton/Director of Economic Development would be resigning.  They wish Mr. Shelton the best.  He has been a great employee and an asset to the City.

 

Excise Commissioner 

 

Temporary Liquor Licenses – Café Brazil and O B Clarks

 

Motion was made by Alderman Cross, second by Alderman Marshall to approve the temporary liquor licenses for Café Brazil and O B Clarks for the Brentwood Days Festival to be held on September 16th and 17th.  Roll call:  Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Library – No report

 

Municipal League – No report

 

Waste Management Commission

 

Waste/Recycle

 

Alderman Golfin announced a Waste/Recycle Committee meeting is scheduled for Tuesday, August 23rd at 7:00 p.m. in the Conference Room of Brentwood City Hall.  They will emphasize recycle promotion throughout the City of Brentwood.  He thanked Alderman Cross for a very interesting article on recyclables and how recycle bins should be larger than trash bins.  Now that the City is doing the recycle and waste hauling services residents could show their appreciation of that service to the City by recycling.

 

Communication – No further report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS

 

Eulalie/Rosalie Trail

 

City Administrator Seemayer stated that bids for the Eulalie/Rosalie trail would be opened tomorrow morning at 10:00 a.m.   A meeting has been scheduled with the TDD next week to review and approve the bids. 

 

Eager Road Improvements

 

Mayor Kelly stated all the plans have been developed for the Eager Road improvements.  They are waiting for a final easement from the owners of the Promenade in order to widen the road.  Those plans will be put out to bid to try to get the construction started.  St. Louis County and MoDOT have approved the plans.  

 

NEW BUSINESS

 

Manhassett Village Demolition

 

Alderman Kramer gave an update on the Manhassett Village demolition.  He stated that every window in Manhassett Village has 3.5% asbestos composition, so they are all being removed by hand per special guidelines.  They are hoping for a November completion of the demolition and re-routing of McCutcheon Road.  They are still planning on building 28 townhouses in Phase 1 to the west of McCutcheon Road and approximately 120 garden style, single level condominiums immediately to the east of that road.   He was told that after Phase 1 and 2 are completed they might sell Phase 3, which was to be the high-rise portion of the development.

 

Post Office Location

 

Mayor Kelly stated they have not heard of any definite sites for the location of the Post Office.  They have had more inquiries from developers that are very actively looking for sites in Brentwood to build a Post Office.  The RFP’s were due back for the site on Manchester Road today.  The City received one proposal from that and it is not for a Post Office.  The problem with the site on Manchester Road is it is in the flood plain.   

 

ADJOURNMENT

 

Motion was made by Alderman Cross, second by Alderman Marshall to adjourn the meeting at 7:50 p.m.  All in favor none opposed.

 

                                                                                                                                               

                                                                                    Pat Kelly, Mayor

 

Attest:

 

                                                           

Chris Seemayer, City Clerk