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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                   October 3, 2005

Council Chambers                                                                                       7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

ROLL CALL                                                  

 

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

 

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

 

Absent:            Alderman Kramer.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF OCTOBER 3, 2005

 

Motion was made by Alderman Golfin, second by Alderman Cross to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of October 3, 2005.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF SEPTEMBER 19, 2005

 

Motion was made by Alderman Golfin, second by Alderman Leahy to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of September 19, 2005 as presented.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

BIDS – None

 

HEARING OF ANY MATTER OF PUBLIC INTEREST UPON REQUEST OF ANY PERSON PRESENT – NONE

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

1st and 2nd Readings of Bill No. 5298

 

Motion was made by Alderman Cross, second by Alderman Leahy to give Bill No. 5298 first and second readings.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

City Attorney Albrecht gave Bill No. 5298, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO WM. ROSE KITCHEN AND REMODELING CENTER, WHICH PERMITS UNDER CERTAIN CONDITIONS THE USE OF CERTAIN DESCRIBED PROPERTY FOR OPERATION OF A RETAIL SALE BUSINESS; PROVIDING THE CONDITIONS OF SUCH USAGE; AND THE EFFECTIVE DATE OF THIS ORDINANCE, its first reading.

 

Alderman Leahy asked if there is a defined time frame for the six conditions in Section 1 of the proposed legislation will be accomplished.

 

Director of Public Works Payken stated it was his understanding the Commission’s desire was that the conditions be completed prior to occupancy. 

 

Alderman Leahy asked if that was agreeable with the applicant.

 

Mayor Kelly stated with any other conditional use permit the conditions would have to be met before the occupancy permit would be granted. 

 

Amy Steinberg, owner of the property – representing Sterling Management – 103 E. Lockwood came before the Board and stated the only problem they will have is with Section 1, subsection 2 of the bill.   They received bids to seal and repair the parking lot, remove the gravel in the back and pave it.  They pursued the issue of digging up the asphalt and putting in topsoil and trees.  They received two paving bids and talked at length with the paving companies and there are some very real problems with pursuing that.  She stated she had an alternative suggestion for the Board’s approval and distributed picture diagrams for review.  They have no certainty about the quality of the soil, whether it can support trees or whether it would be the proper place to grow the kind of trees the City is requiring them to grow.   They do not know how the trees will affect the underground waterline.  The trees could be a visual obstruction to people merging from Salem Drive onto Manchester Road.  It could be a safety hazard and the work is very expensive.   

 

Ms. Steinberg stated they drove around the area and found similar properties that look like what they are proposing.  They are thinking about potted plants with a window box look.  The blue awning that is currently over the small door would be removed and a long, very attractive awning would be installed.  They are talking about putting window boxes to soften the look under the larger windows.  The potted plants along the side would be very decorative but would also serve as a deterrent for anyone parking in the front. 

 

Ms. Steinberg said the Planning and Zoning Commission stated they wanted to soften the severity of the front entrance.  Their second objective was to eliminate parking in the front.  They can provide the ten parking spaces and one of them will be a handicap space on the side.  They do not need the front for parking.  They think that they can accomplish the objectives of the Planning and Zoning Commission in a way that makes it financially feasible for them as owners and respects the fact that there are some safety concerns with installing trees where there is going to be traffic coming from the residential street right next to it.   

 

Alderman Marshall stated in looking at the picture diagrams, if they were to put grass in front of the building and plant a couple of trees, those trees would be destroyed because when the plows come down the street in the winter time, that green strip would be covered with salt and slush.  He would not have a problem with dressing it up like some of the businesses in the diagrams. 

 

Alderman Cross stated she believes the trees were supposed to be located to the north side of the sidewalk, so they would not be right up on the street.    They were to maintain that sidewalk.  She is not sure by putting the potted plants next to the building in front how that will eliminate people from pulling into the front lot of the building. 

 

Ms. Steinberg stated not in front but at a right angle.  They would become the barrier and would not be abutting the building.

 

Mayor Kelly stated he believes that the Planning and Zoning Commission wanted the sidewalk replaced with a standard sidewalk, which would then be the four-foot buffer between the curb and the grass. 

 

Alderman Cross stated that Director of Public Works Payken, along with the Planning and Zoning Commission, went above and beyond what they needed to do at the last Planning and Zoning Commission meeting.   To try to accommodate the schedule, they stayed after the meeting and had a site plan review meeting.  She personally would not like to deviate from what their conditions were.   They worked hard on it.

 

Mayor Kelly stated one of the concerns from the City’s standpoint is in the past when they have allowed businesses to build planter boxes or have plant pots in front of their buildings, they do not maintain them or they get moved around and placed on the sidewalk which ends up blocking the sidewalk. 

 

Alderman Golfin stated he understands there is a timeline and the tenant wants to get in the building as soon as they can.  Manchester Road in general is not up to the standards they would all like to see.  As the City gets new businesses in they certainly welcome them and see that as an opportunity to improve the entire Manchester Road strip.  If no cars will be entering from the front area would it be possible to have a curbing there, rather than what appears to be a lot size curb cut. 

 

Ms. Steinberg stated she is hesitant to say yes or no without having had any bids on that.

 

Alderman Golfin stated that along those lines, working out something that will be a little more attractive and will conform more closely to what the Planning and Zoning Commission envisioned.  Usually the soil will support certain types of plants.  He suggested low growing evergreens that would soften up the look in the front.

 

Alderwoman Jepsen asked Mr. Payken to clarify how far back from the curb the trees would end up. As a person who drives a pickup truck, it is almost impossible to see the southbound traffic.  That would be her concern. 

 

Mr. Payken stated if the trees are located halfway between the front of the building and the sidewalk and the right species of trees are selected, sight obstruction should not be a problem. 

 

Alderman Leahy asked if the requirement for putting grass in front of the building is in order to meet the green space requirements for Code or has that already been taken care of since the site was already formally developed.

 

Mr. Payken stated the Code requires a ten-foot landscape off from the front yard.  It raises a question as to what extent an existing building has to come in conformance with the Code.  The Planning and Zoning Commission tried to resolve it as best they could with the conditions.  They did not make them fully comply with the Code, but they tried to balance what they were doing with what was doable. 

 

Alderman Leahy asked if there is a back receiving door should they eliminate the front area for driving in and unloading. 

 

Ms. Steinberg stated there is a side door on the east side.   Her other concern about the trees is the tenant is complying with the signage which limits him to putting his name on the awning.  When the trees start growing it will be very hard for him to get the visual recognition that he needs for people driving by.  She is concerned about people pulling out of Salem Drive and looking eastward on Manchester Road to gauge the oncoming traffic with the trees there. 

 

Mayor Kelly stated at this point the Board has two options which would be to approve it the way it is and let the owner deal with the issue or consider passing the bill so they could move forward and try to do the other things they need to do to get into the building and take the portion in question back to the Planning and Zoning Commission.  The risk the owner is taking is that the Planning and Zoning Commission could come back and say they have to do exactly what they said on the portion in question. 

 

Alderman Cross asked if the tenant would be able to get an occupancy permit before they get an answer from the Planning and Zoning Commission.

 

Mayor Kelly stated yes. 

 

City Administrator Seemayer stated it could be a temporary occupancy permit with a certain amount of days to comply.  Whatever timeframe is reasonable for the Planning and Zoning Commission to do a thorough review. 

 

Alderman Cross stated she would not be in favor of giving them a temporary occupancy permit.  They have done that in the past in the residential areas and had problems once they allowed people to move in, they did not fulfill their duties as far as what was agreed on.

 

Mayor Kelly stated his suggestion is that the Board adopt the bill as it is but allow the owner the flexibility to go back to the Planning and Zoning Commission for the issue in Section 1, subsection 2.  If the Planning and Zoning Commission comes back and says they need to comply with the conditions in Section 1, subsection 2, and they are given a certain amount of days to comply, if it is not done their occupancy permit would be revoked.   If it is adopted that way and the owner understands that, it is their risk whether they proceed or not and get the occupancy permit to move forward.

 

Alderman Golfin stated he would support passage of the Bill on that basis.

 

Public Hearing – Conditional Use Permit – Wm. Rose Kitchen and Remodeling Center

 

Mayor Kelly announced a Public Hearing for a Conditional Use Permit for Wm. Rose Kitchen and Remodeling Center would now be heard at 7:30 p.m. 

 

Ms. Steinberg stated in Section 1, subsection 5, they were under the impression that they had the option of either removing the gravel parking area to the north, backfilling it with soil and seeding it or paving it.  The objective of the Planning and Zoning Commission was not to have loose gravel and weeds.  They have gotten bids on paving it.  They thought that was a cleaner and more professional look in the back.  If the bill needs to be amended to state that she would like it to be amended. 

 

Mr. Payken stated that is correct.  The owners were given that option.  He made an assumption when he was preparing the rationale that because there was so much expense associated with that they would not want to pursue it. 

 

Alderman Leahy stated he would be happy to amend Section 1, subsection 5, to allow the option of the business owner to choose paving or grass.  His question is if you pave it water runoff would be running straight into the back wall.  As the alderman for that ward he has received complaints that that area becomes a collect all and it does not look pretty.

 

Motion was made by Alderman Leahy, second by Alderman Golfin to amend Bill No. 5298 by adding a #7 to Section 1 to read as follows:  “The petitioner will be allowed 180 days from approval of the ordinance to accomplish items 1, 2, and 4 in Section 1”.  And adding a #5 to read as follows:  “The gravel parking area north of the building be removed, backfilled with soil, seeded and strawed or properly paved”.

 

Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, no.

 

Mayor Kelly announced the Public Hearing for a Conditional Use Permit for Wm. Rose Kitchen & Remodeling Center closed at 7:33 p.m.

 

City Attorney Albrecht gave Bill No. 5298 its second reading as amended.

 

Motion was made by Alderman Leahy, second by Alderman Cross to approve and adopt Bill No. 5298 as amended. Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, no.

 

The Mayor thereupon declared Bill No. 5298 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3995.

 

Bill No. 5260

 

Alderman Golfin stated Bill No. 5260 has been on hold for some time.  He asked if it should be withdrawn from the agenda.

 

Alderman Robertson stated they decided at the last Public Safety Committee meeting to withdraw Bill No. 5260 from the agenda.

 

Motion was made by Alderman Robertson, second by Alderman Golfin to remove Bill No. 5260, which dealt with new canvassing and soliciting regulations in the City of Brentwood from the agenda.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Alderman Golfin stated while they are removing that bill from the agenda it seems like the detailed provisions of the bill was more complicated than they would be able to resolve satisfactorily.  There is still an ordinance in place, which relates to canvassing and solicitations, which require a permit.  Therefore the City does have some measures in place to control that sort of thing.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderman Cross to approve the revised warrant list dated 10/3/05.  All in favor none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Executive Session

 

Mayor Kelly announced an executive session, legal and personnel matters will be held after the regular meeting.

 

Veterans Day Observance

 

Mayor Kelly announced there would be a Veterans Day Observance program on Friday, November 11th at 6:00 p.m. in the Council Chambers of Brentwood City Hall. 

 

MLP Project

 

Mayor Kelly stated that MLP has run into a roadblock in dealing with St. Louis County Highway with some revisions they want them to do to their project.  They want them to shift the road as much as 15 feet to the south in order for it to align better with Bruno Avenue. It requires MLP to go back and redraw the plans, easements etc.  They are planning to go to the Planning and Zoning Commission with their subdivisions for the road dedication.   It will set them about a month behind schedule.  A representative from MLP will give the Board an update in November. 

 

Alderman Leahy stated it was his understanding that at the original site planning reviews that was held, St. Louis County Highway had seen, commented and basically approved all of those plans that they had given them to work towards.  Why is it changing now, over a year later?

 

Mayor Kelly stated when the signalization company came out and looked at where the lights were going to be located, they raised some concerns about what St. Louis County Highway had approved. 

 

Alderman Leahy asked if there is a way that the City could help accomplish getting more of this nailed down before they get to the point of issuing approvals.  Does this also affect the TIF timing?

 

Mayor Kelly stated the City has been involved in the process.  He does not know what the City’s input would have changed in this situation.  Obviously they wish they had made their changes sooner.  One of the things that St. Louis County is requiring them to do as part of the construction is to shrink the nine-foot buffer that is going to be in the center of the roadway as a green space area.  The other thing that they might be losing is some of their on street parallel parking on the roadway. 

 

Alderman Leahy stated it was their understanding from the site plan review that they were putting their piping for gas, water and other lines under the roadway area that is now being shifted.

 

Mayor Kelly stated that is why it is such a delay.  All that has to be redone.

 

Public Safety Committee – No report

 

Public Works Committee

 

Alderman Cross stated she would like to make a change to the Public Works Committee meeting minutes that were distributed.  Item #5, should read, “N.B. West has finished the milling and overlay of Rose Avenue”, not Helen Avenue.  

 

City Engineer – No report

 

Ways and Means Committee

 

A Ways and Means Committee meeting will be held on Wednesday, October 5th at 12:00 noon.

 

Planning and Zoning – No report

 

Mayor Kelly requested that G., 5., be removed from the agenda.

 

City Attorney – No report

 

City Clerk/Administrator – No report

 

Director of Economic Development – No report

 

Excise Commissioner – No report

 

Library – No report

 

Municipal League – No report

 

Waste Management Commission – No report

 

Communication – No report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS

 

Trail Project

 

Alderman Marshall asked for an update on the Rosalie/Eulalie trail project. 

 

Mr. Payken stated that the biggest impediment at this point is acquiring the easements for the two parcels.  They were aware of one parcel, which was the Kraska property, K&S Associates.   He has met with Tom Kraska regarding getting that easement and he has some questions that he wants N.B. West to address with him directly.  He is trying to set up a meeting for this week with their project manager and Mr. Kraska.   The other easement is for a property off White Avenue.  He met with the homeowner and he will let him know whether he can sign it.  Once they have both easements in hand they will be able to issue a notice to proceed and start work. 

 

NEW BUSINESS

 

Ward 3 Meeting

 

Ward 3 meeting will be held on Tuesday, October 25th at 7:00 p.m.

 

Informational Meeting

 

Alderman Leahy stated State Representative Scott Mushany has scheduled an informational meeting on October 27th at the Brentwood Recreation Center.   The topic of the evening will be the state’s effort with eminent domain, blighting, and its procedures with its committee as to where it is going. 

 

Recess

 

The meeting was recessed at 7:55 p.m. for an executive session, legal and personnel matters.

 

Executive Session

 

Motion was made by Alderman Leahy, second by Alderman Robertson to enter into an executive session, legal and personnel matters at 8:03 p.m.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

After discussion on legal and personnel matters, motion was made by Alderman Marshall, second by Alderman Robertson to place Resolution No. 918 on the October 17th Board of Aldermen meeting agenda.  Roll call:  Alderwoman Jepsen, abstain; Alderman Marshall, yes; Alderman Leahy, no; Alderman Golfin, no; Alderman Robertson, yes; Alderman Wynn, no; Alderman Cross, yes. 

 

There were three yes votes, three no votes and one abstained.  The Mayor voted yes.  Motion carried.

 

Motion was made by Alderman Golfin, second by Alderman Wynn to proceed with condemnation on the Eager I-170 project.  Roll call:  Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

ADJOURNMENT

 

Motion was made by Alderman Cross, second by Alderman Wynn to adjourn the meeting at 8:22 p.m. All in favor none opposed.

 

 

                                                                                                                                               

                                                                                    Pat Kelly, Mayor

 

Attest:

 

 

                                                           

Chris Seemayer, City Clerk