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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                  September 19, 2005

Council Chambers                                                                                                  7:00 p.m.

 

Mayor Kelly introduced Sam White, a third grade student at Mark Twain Elementary School whose family bid on a silent auction item for him to be Mayor for the day.   

 

Mayor for the day Sam White led everyone in the Pledge of Allegiance.

 

ROLL CALL

 

Present:            Mayor Kelly, Mayor for the day Sam White, Alderwoman Jepsen, Alderman Leahy, 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, Chief Rick Knight and Executive Secretary Williams.

 

Absent:             None.

 

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

 

Mayor Kelly stated the Rosalie/Eulalie Walking Trail and Bridge is a TDD project.  The bids were reviewed and approved by the Strassner Road TDD board and the project is moving forward.  He requested the bids be removed from the agenda.  He also stated that Representative Scott Muschany was unable to attend the meeting, so the Update on Legislative Affairs should be removed from the agenda.

 

Motion was made by Alderman Wynn, second by Alderman Marshall to amend the Agenda of the Regular Board of Aldermen Meeting of September 19, 2005 by removing the Rosalie/Eulalie Walking Trail and Bridge bids and the Update on Legislative Affairs by Representative Scott Muschany from the agenda, and add a Presentation to Bob Shelton under item D. 

 

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 Golfin to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of September 19, 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 AUGUST 15, 2005

 

Motion was made by Alderman Golfin, second by Alderman Kramer to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of August 15, 2005 as delivered.  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.

 

SWEARING-IN OF PATROL OFFICER

 

Patrol Officer Timothy Bone came before the Board and was sworn in by Mayor Kelly.  Officer Bone stated that he is married with three children.  For the past three and a half years he has worked for the Ferguson Police Department as a Patrol Officer and spent almost a year with the St. Louis County Drug Team. 

 

POLICE OFFICERS RECOGNITION

 

Chief Rick Knight came before the Board and stated that Tim Bone is an excellent officer.  He welcomed him to the Brentwood Police Department and City of Brentwood. 

 

Chief Knight stated that a homicide occurred in January of this year in Brentwood Forest and he would like to recognize the officers that worked on the investigation for about seven months.  There were hundreds of leads and as a result of their outstanding performance, dedication and perseverance a suspect was identified.  Warrants were subsequently issued for murder in the first degree and armed criminal action.  The suspect is currently in custody at the St. Louis County jail awaiting trial.  He recognized Captain Steve Disbennett, Lieutenant Walter Koehler, Detective Jim McIntyre, Sergeant Jeff Manestar, Detective/Sergeant Dan Freeman, Sergeant Tom Zerheide, Sergeant Hattie Carman, Police Officer Dan Retzlaff, Lieutenant Paul Ferber, Detective Jason Simpson, Police Officer Nick Stanze and Police Officer Todd Lambert for doing an outstanding job on the case.     

 

Chief Knight stated that Nick Stanze, who could not be here tonight, received the John G. McEntee Award on June 8, which was given to him by the Mental Health Association of Greater St. Louis for his outstanding performance of duty.  He assisted Rock Hill, along with another officer, with a suspect that was suicidal and homicidal.  The suspect threatened to kill himself and his family members and fled from the house with two knives.  Nick and a Glendale officer subsequently confronted the suspect and took him into custody by means of a tazer.  When the suspect was later interviewed, he admitted that his intention was to either kill himself or commit suicide by police, to have the police kill him. As a result of the arrest, the suspect got the help that he needed and the officers were able to apprehend him without having to take the fatal approach. 

 

Chief Knight stated that Captain Steve Disbennett, the Assistant Chief of Police recently returned from the FBI National Academy where he went through a ten-week course.  The FBI course instructors provided the training and a lot of them are highly degreed.  As a result of that, the University of Virginia was able to award academic credits because of their accreditation, so Assistant Chief Disbennett received some credits from the college. The Academy started in 1935 and there have been a total of 38,485 people that have gone through it internationally.  The knowledge he brought back will be very valuable to the department for years to come.  He acknowledged Assistant Chief Disbennett for the wonderful work he did at the FBI Academy.

 

Assistant Police Chief Disbennett thanked the Mayor and Board for allowing him to go to the FBI Academy.  He thanked Chief Knight for nominating him to go and all the support he has given him.  He stated on the first day there, the Director of the FBI addressed their class and he told them that less than one half of one percent of all law enforcement officers ever get to attend the FBI Academy.  He took great pride in that and representing the City and the police department.

 

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

 

Presentation to Bob Shelton

 

Mayor Kelly presented a plaque to Bob Shelton, former Director of Economic Development/Asst. City Administrator on behalf of the Board of Aldermen and the residents of the City for his ten years of service to the residents and business community of Brentwood.   The Board of Aldermen also showed their appreciation by presenting Mr. Shelton with a couple of gifts.

 

Presentation of Financial Achievement Award

 

Mayor Kelly stated the Financial Achievement Award is an honor for the City because of the dedication of the staff.  This is the fifth year in a row that the accounting office, which includes Susan Zimmer, Jackie Radovich and Karen Mosby, as well as Chris Seemayer/ City Administrator, has received the award.  The Mayor presented the Certificate of Achievement for Excellence in Financial Reporting to Susan Zimmer and congratulated her and the accounting department for the time they put in to help the City achieve the award.

 

Alderman Wynn stated he attended the MML Conference last weekend and in talking with several businesspeople, he received some high praises for the Brentwood employees.    

 

Presentation of 2004 Audit

 

Tammy Alsop – Partner at Hochschild, Bloom & Company came before the Board to present the 2004 Audit.  Mrs. Alsop went over some key points of the 2004 Audit.  She pointed out that the “Independent Auditor’s Report” in paragraph 3 states, “In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City as of December 31, 2004, and the respective changes in financial position, where applicable thereof for the year then ended in conformity with U.S. generally accepted accounting principles”.  She stated that is an unqualified opinion, which means that is the highest form of assurance a city can receive on their financial statements, which is a very positive opinion. 

 

Alderman Kramer stated that they have had discussions in the past years concerning the City’s capital reserves and the amount in the reserve account.  He asked Mrs. Alsop if she had a comment regarding the reserves in terms of how the City stack up to other municipalities.

 

Mrs. Alsop stated there is really no benchmark.  It is what the City wants to have in the fund balance to cover next year’s operating expenses.  Some cities do a benchmark of about 15%; some do 20% of expenses.  With the decline in tax revenue and things going down just a little bit it has been hard to meet those benchmarks.  There is nothing that gives you an actual number that says you have to have a certain amount there. 

 

Mayor Kelly stated that he has brought up in the past that the City’s reserve is too low.  One of the meetings that he attended at the Missouri Municipal League Conference dealt with financing in small cities.  This subject came up there.  The presenter at that meeting said exactly the same thing Mrs. Alsop said that it is really up to the municipalities to decide.  In the future, from the City’s standpoint, they should have at least 25% of their operating budget in reserves every year. 

 

Mrs. Alsop thanked the Mayor, Board, Chris Seemayer and the accounting department for their help with the 2004 Audit. 

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

First and Second Readings of Bills

 

Motion was made by Alderman Cross, second by Alderman Leahy to give Bills No. 5296 and 5297 first and second readings.  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.

 

Bill No. 5296 – Subdivision 1240 and 1260 Hanley Industrial Ct.

 

City Attorney Albrecht gave Bill No. 5296, AN ORDINANCE APPROVING A PLAT FOR THE SUBDIVISION OF TWO PARCELS LOCATED AT 1240 AND 1260 HANLEY INDUSTRIAL COURT INTO FOUR (4) PARCELS; WAIVING CERTAIN MINIMUM LOT SIZES AND AREAS FOR TWO OF THE LOTS CREATED BY SAID PLAT; AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5296 into record, which is attached to the official and paper copy minutes.

 

Alderwoman Jepsen asked if MLP is responsible for building the street and will the City then take it over.

 

Mayor Kelly stated yes.  That is part of the project and the redevelopment agreement.   They are purchasing the property, building the road and then turning it over to the City.

 

Motion was made by Alderman Robertson, second by Alderman Marshall to approve and adopt Bill No. 5296.  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. 5296 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3993.

 

Bill No. 5297 – Site Development Plan

 

City Attorney Albrecht gave Bill No. 5297, AN ORDINANCE GRANTING APPROVAL OF A SITE DEVELOPMENT PLAN FOR CONSTRUCTION OF A 2,000 SQUARE FOOT ADDITION TO AN OFFICE/WAREHOUSE BUILDING AT PROPERTY NUMBERED 2748 MARY AVENUE WHICH PERMITS UNDER THE PROVISIONS OF CHAPTER 25, SECTION 126 OF THE BRENTWOOD CITY CODE THE DEVELOPMENT OF THAT SITE; PROVIDING THE CONDITIONS TO SUCH DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5297 into record, which is attached to the official and paper copy minutes.

 

Alderwoman Jepsen stated information contained in their packets, when it was headed to the Planning and Zoning Commission, mentioned that the property was in the floodplain. 

 

Director of Public Works/City Engineer Payken stated that a portion of the property is in the floodplain but the area where the building is located has been raised up, so there is no threat of any kind of flooding to the structure itself.

 

Mayor Kelly stated it is the building just north of there that is already elevated which is about 10 or 15 feet above the floodplain.

 

Motion was made by Alderman Cross, second by Alderman Leahy to approve and adopt Bill No. 5297.  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. 5297 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3994.

 

ACCOUNTS AGAINST THE CITY

 

Alderwoman Jepsen asked for clarification on the work that was done at 50 York Hills.

 

Mayor Kelly stated a new house was being constructed next door to this particular resident and there was a combination sewer that ran between the property lines of the two houses.  The new home already had their driveway torn up.  It was brought to their attention and they went to MSD.  MSD knew that in a few years they were going to be doing a sewer separation project there.  In order to accelerate that project, MSD put a project together and put it out to bid.  When they got their bids back they were at the top level of their bid and in order to move the project forward and stay within their bid requirements, he, and he thought that he had addressed it to the Board earlier in the year, had agreed that they would do the sidewalk work on the existing driveway, not the one that was going to be rebuilt.   The concern with doing it swiftly was the fact that the new home resident was building at least a $35,000 retaining wall that would have been right on top of the sewer as well as the new driveway.  It was beneficial for the City to work with MSD and move the project forward.  MSD went ahead and did the sewer separation project, so that they would not have to come in there in two or three years and rip out both driveways and the retaining wall. He agreed at that time and he thought that he had addressed it with the Board that they would handle the replacement of the driveway.  The amount on the warrant list was not the total cost for the driveway work. The residents also contributed approximately $4,000 to $5,000 for their portion of the driveways. 

 

Alderman Leahy asked if that project would qualify for any grant refinancing that the City could apply for, since the City helped MSD in the expenditure.

 

Mayor Kelly stated it is matching funds towards this project and in the future the City could go to MSD for help with another project.     

 

Motion was made by Alderman Marshall, second by Alderman Golfin to accept the warrant list as submitted.  All in favor none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Thank You

 

Mayor Kelly thanked all the employees that helped with the Brentwood Days Festival.  The parks and public works employees did an outstanding job.  They worked all day Friday to get Brentwood Park in shape after the rains on Thursday evening.  They did in one day what normally takes them three days to do.  Alderman Leahy received a compliment from a resident about how clean everything was throughout the day.  It is a credit to the employees that did such an outstanding job.

 

Projects

 

Mayor Kelly stated they have been working with some of the residents on Litzsinger Avenue regarding the road project.  He thanked Mr. Payken for meeting with some of the residents and getting their approval of what they would like to do on that roadway.  They need to have some actual drawings done of the project so that they could get Ameren UE to formalize the moving of the telephone pole that is in the street.  They will proceed with getting those drawings done and getting that to Ameren UE to get the project facilitated as fast as they can.

 

Alderman Kramer asked for an update on the MetroLink garage and MLP financing.

 

Mayor Kelly stated there are no changes in MLP’s financing.  They are moving forward.  The situation with the MetroLink garage has been very frustrating from the City’s and the developer’s standpoint.  With the petition that is circulating it could go back for a vote of the residents throughout St. Louis County.  If they collect the 25,000 or so signatures within the next 40 days it will put a halt on that project until the end of next year because the vote will not take place until next August.   Metro signed the agreement with DCM.  DCM had not signed the agreement primarily because they were concerned that Metro would have the ability to finance their 2/3 of the garage.  This happened the week of the petition.  At this point, DCM and Metro do not have an agreement.  DCM is considering filing for force majeure on the project.  They needed to get their portion of the garage completed.  They have taken down the Purina Mills building, which to their belief initiated Phase 2 of the project.  They are requesting verbally $4,000,000 of the TIF for that project.  The City will need to evaluate that before the funds are allocated.

 

Property Tax Issue

 

Alderman Marshall asked for an update on the property tax issue with the Missouri Growth Association.

 

Mayor Kelly stated the City has not heard back from the Missouri Growth Association.  After they met with them they had a better comfort of what the City was doing with the property taxes for commercial and residential.

 

Manhassett Village Demolition

 

Alderman Golfin stated they have talked with staff from Richmond Heights and some of the developers and have worked out some reasonable agreements with the developers regarding the Manhassett Village demolition.  They agreed to save the big trees and would be keeping a minimum of dust and traffic on Eager Road, which is shared by both Brentwood and Richmond Heights.  He has received a couple of calls from concerned residents on Eager Road that are stating that the operation of the heavy equipment is shaking their homes.  He suggested the vehicles use McCutcheon Road exclusively because it leads directly into the development.  There is no access from Eager Road into the development directly where there is from McCutcheon Road. 

 

Mayor Kelly stated he would talk to the Mayor of Richmond Heights.

 

Public Safety Committee

 

Alderman Robertson announced a Public Safety Committee meeting will be held on Wednesday, September 21st at noon at the Brentwood Police Department.

 

Public Works Committee

 

Alderman Cross announced a Public Works Committee Meeting would be held on Thursday, September 29th at noon in the Conference Room of City Hall.

 

City Engineer – No report

 

Parks – No report

 

Zoning Administrator – No report

 

Mayor Kelly requested that item G, 3, a, and b, be removed from the agenda.

 

Ways and Means Committee

 

Alderman Marshall announced a Ways and Means Committee meeting will be held on Thursday, September 29th.

 

Planning and Zoning – No report

 

City Attorney – No report

 

City Clerk/Administrator – No report

 

Director of Economic Development

 

Comprehensive Plan

 

Don Biemdiek, member of the Comprehensive Plan Committee stated that the Committee has been doing a lot of investigating and planning to make the City the best place to live. Their Committee has been meeting monthly.  Woolpert, the Consultant has been doing a superb job of gathering data, taking the revisions that they have made and editing them.  The Comprehensive Plan will be an easy to use document.  When they are finished with the plan they will present it to the Planning and Zoning Commission to evaluate the suggestions that the Comprehensive Plan Committee has made and then the Planning and Zoning Commission will make recommendations to the Board of Aldermen.

 

Mr. Biemdiek told Mayor for the day Sam White that when he is old enough to ride his bike in the streets they might have some special markings in the streets, if some of their recommendations in the plan are developed, so people could ride bikes in the City. 

 

Mayor for the day Sam White asked if some of the roads would be marked for the bike paths.

 

Mr. Biemdiek said yes and they will be tied into the existing bike paths through the parks.

 

Alderman Golfin asked Mr. Biemdiek if there is a timeline for the final draft.

 

Mr. Biemdiek said yes.  When it is finished they will hold a public hearing.  They have had some public input sessions and private interviews and they just finished their business survey with the interviewing of business owners in Brentwood.  Many interesting suggestions were given.  There will be copies of the final draft available for citizens to review. 

 

Excise Commissioner

 

Liquor License Request/Premier Cru

 

Alderman Cross stated Premier Cru, a wholesale distributor is requesting a liquor license.  They will be located in Hanley Industrial Court and everything is in order.

 

Motion was made by Alderman Cross, second by Alderman Robertson to grant the liquor license to Premier Cru/1010 Hanley Industrial Court.  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.

 

Mayor Kelly asked the Ways and Means Committee to discuss increasing the amount of restaurant liquor licenses.  New businesses will be coming in with the MLP project and they will need additional liquor licenses.

 

Library – No report

 

Municipal League

 

Alderman Golfin stated there is a complete report at everyone’s places regarding the MML Conference.  There was a great deal of intensity about the utility tax, the back taxes owed and the resistance of the utility companies to pay this tax.  There are many municipalities that are in trouble because of their revenues, having depended on those, they adjusted other taxes downward.  The legislature recently passed legislation, which is very unfavorable to municipalities collecting that excise and franchise tax; making it almost impossible.  Because of the deep pockets of the utility companies and the great resources they have they can fight it in the courts forever.  

 

Waste Management Commission – No further report

 

Communication - No report

     

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS

 

Alderman Leahy stated that a resolution was passed at the last meeting allowing alcohol to be served at the Mayors of Small Cities meeting.  He asked if the City has increased any of its liability since the City is hosting the meetings.

 

City Administrator Seemayer stated the City does not have any increased additional liability and the current coverages that are in place are sufficient.

 

NEW BUSINESS

 

Ward 3 Meeting

 

Alderman Leahy announced a Ward 3 meeting would be held on Tuesday, September 27 at 7:00 p.m. in Council Chambers of City Hall.

 

Eminent Domain Resolution

 

Alderwoman Jepsen distributed a sample resolution from the City of Ellisville regarding eminent domain, taking private property for private development.  The Council in Ellisville passed a resolution and is working on making it a city ordinance.  She would like to meet with City Administrator Seemayer regarding what committee the resolution should go to.

 

Mayor Kelly thanked Mayor for the day Sam White for his participation in the meeting.  He did an outstanding job.

 

Recess

 

The meeting was recessed at 8:20 p.m. for an executive session/personnel and legal Matters.

 

Executive Session/Personnel and Legal Matters

 

Motion was made by Alderman Cross, second by Alderman Leahy to enter into executive session on a personnel and legal matters at 8:30 p.m.  All in favor none opposed.

 

All members of the Board and Mayor were present.  Also present were City Attorney Albrecht, Chief Knight, Assistant Chief Disbennett, Special Counsel Hesse and City Administrator Seemayer.

 

Discussion took place on a personnel matter with a police department employee.  No action was taken.

 

Motion was made by Alderman Robertson, second by Alderman Cross to bring the McCarthy/Jepsen resolution to the next meeting for an executive session at 6:45 p.m.  All in favor none opposed.

 

After discussion, motion was made by Alderman Cross, second by Alderwoman Jepsen to return to open session at 9:02 p.m.  All in favor none opposed.

 

ADJOURNMENT

 

Motion was made by Alderman Cross, second by Alderman Golfin to adjourn the meeting at 9:03 p.m. All in favor none opposed.

 

 

                                                                                                                                               

                                                                                                Pat Kelly, Mayor

 

Attest:

 

                                               

Chris Seemayer, City Clerk