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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                              May 1, 2006

Council Chambers                                                                                                7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

ROLL CALL

 

PRESENT:       Mayor Kelly, Alderwoman Clements, Alderman Marshall, Alderman Leahy, Alderwoman Krewson, Alderman Kramer, Alderman Robertson, Alderman Wynn, Alderman Cross.

 

                        City Attorney Albrecht, City Clerk/Administrator Seemayer, Director of Economic Development/Asst. City Administrator Denton and Executive Secretary Williams.

 

ABSENT:        None.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF MAY 1, 2006

 

Motion was made by Alderwoman Clements, second by Alderman Marshall to approve and adopt the Agenda of the Regular Board of Aldermen meeting of May 1, 2006.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, 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 APRIL 17, 2006

 

Motion was made by Alderman Leahy, second by Alderman Robertson to approve and adopt the Minutes of the Regular Board of Aldermen meeting of April 17, 2006.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

SWEARING-IN OF NEWLY ELECTED OFFICIALS

 

Mayor Kelly stated because of the April 4th, 2006 election, Alderwoman Clements-Ward 1, Alderman Marshall-Ward 2, Alderman Leahy-Ward 3, and Alderwoman Krewson-Ward 4 are the City’s newly elected officials.  Mayor Kelly congratulated the newly elected officials and the Oath of Office was administered to Alderwoman Clements, Alderman Marshall, Alderman Leahy and Alderwoman Krewson. 

 

PROCLAMATION – YOUTH ART MONTH

 

Motion was made by Alderman Wynn, second by Alderman Leahy to accept the proclamation for Youth Art Month.  All in favor none opposed.

 

Mayor Kelly stated that City staff receives numerous compliments on the artwork that is displayed in City Hall, which helps brighten up the hallways.  The City appreciates Mr. Rempel’s help and the other art teachers who change the artwork at City Hall and the kids who produce the artwork.

 

Tim Rempel and Bev Shoults/Art Teachers came before the Board and presented the Certificates of Recognition to the art students who have artwork displayed in City Hall. 

 

Mr. Rempel thanked the Mayor, Board, and Shelly Williams for their help and support of the artwork program at City Hall.  It is a great opportunity for the students to show off their abilities in art.  He also thanked the parents for their support and the art students for doing a fine job in the classroom.

 

Recess

 

Motion was made by Alderman Robertson, second by Alderwoman Clements to recess the meeting at 7:20 p.m. for a brief reception.  All in favor none opposed.

 

Reconvened

 

Motion was made by Alderwoman Clements, second by Alderman Leahy to reconvene the meeting at 7:30 p.m.  All in favor none opposed.

 

BIDS – None

 

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

 

Sundeck at 2014 Spanish Drive

 

Keaton Jones/Contractor came before the Board and stated that he and the homeowners went before the Architectural Review Board and they approved everything except the deck that extends 4 feet into the rear of the property.  The deck will be 8 feet in height overlooking the neighbor’s yard.  The ARB indicated it had to be approved by the Board before they could build the deck.

 

Mayor Kelly asked how close is it to the rear property line.

 

Mr. Jones stated it is 20 feet from the rear property line and the stairs coming down protrudes 4 feet into that.

 

City Administrator Seemayer stated the stairs lie in the setback area.  Mr. Wolf recommended approval because it will not affect the neighbor.

 

Alderman Kramer stated the actual structure itself goes up to the setback requirement, but is it the stairs to the deck that go beyond that point.

 

Mr. Jones stated that was correct. 

 

City Administrator Seemayer stated the Board adopted an ordinance that anytime structures lie within the setback areas Board of Aldermen approval is required. 

 

Mayor Kelly stated the reason the legislation was adopted was that they had a situation where a deck was built extending from a house and it was about 5 feet from the property line.  A patio would have been allowable at that distance.  The deck was elevated about 10 feet above the back yard where it dropped off, which meant that the deck was overlooking the neighbor’s patio, looking down on them from about 5 feet away. 

 

Alderwoman Clements asked what do the neighbors think about the deck.

 

Mr. Nelson/homeowner stated notices were sent to the neighbors about the ARB meeting and nobody showed up with any kind of opposition. 

 

Alderman Leahy asked if the lighting in the back yard would become an issue with the neighbors.

 

Mr. Nelson responded no.

 

Motion was made by Alderwoman Clements, second by Alderman Marshall to grant permission to build the sundeck at 2014 Spanish Drive.  All in favor none opposed.

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Bill No. 5318

 

Motion was made by Alderman Leahy, second by Alderman Robertson to remove Bill No. 5318 from the agenda.  All in favor none opposed.

 

1st and 2nd Readings of Bills

 

Motion was made by Alderman Cross, second by Alderman Leahy to give Bills No. 5326, 5327, 5328, 5329 and 5330 first and second readings.  All in favor none opposed.

 

Bill No. 5326 – Agreement with MoDOT

 

City Attorney Albrecht gave Bill No. 5326, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY OF BRENTWOOD, MISSOURI, WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION RELATING TO THE IMPROVEMENT AND RECONSTRUCTION OF I-64, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5326 as a bill that would allow the Mayor to enter into an agreement with MoDOT for the I-64 roadway improvements. The Bill grants the authority for MoDOT to use the right-of-way for public roads, streets and alleys as necessary for construction and to temporarily close any street or alley as necessary for construction of the highway. The roads and rights-of-way in Brentwood that are in the construction areas are owned and maintained by St. Louis County. The Ways & Means Committee reviewed this Bill and has recommended its approval.

 

Motion was made by Alderman Marshall, second by Alderwoman Clements to approve and adopt Bill No. 5326.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5326 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4020.

 

Bill No. 5327 – License Tax Levied

 

City Attorney Albrecht gave Bill No. 5327, AN ORDINANCE AMENDING CHAPTER 12 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI, BY DELETING SECTION 12-201 (a) IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW SECTION 12-201 (a), AND ADDING A NEW SECTION 12-201 (c); AS IT RELATES TO LICENSE TAX LEVIED; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING 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. 5327 as a bill that would lower the gross receipts tax on phones from 8% to 5% as mandated by a State law passed in 2005. The reason the tax is being reduced is due to the fact that cell phone companies will be required to pay the tax beginning July 1st, 2006. Previously cell phone companies took the position that they were exempt from paying this voter approved tax. The City will only assess the 5% tax to commercial accounts. Residents of Brentwood do not pay taxes on any of their utilities as mandated by the Brentwood Board of Aldermen. The Ways & Means Committee approved this measure for consideration by the Board of Aldermen.

 

Motion was made by Alderman Wynn, second by Alderman Leahy to approve and adopt Bill No. 5327.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5327 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4021.

 

Bill No. 5328 – Delinquent Charges and Penalties

 

City Attorney Albrecht gave Bill No. 5328, AN ORDINANCE AMENDING CHAPTER 12 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY DELETING SECTION 12-27 IN ITS ENTIRETY; DELETING SECTION 12-189 (b) IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW SECTION 12-189 (b); DELETING SECTION 12-219 (b) IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW SECTION 12-219 (b); AS IT RELATES TO DELINQUENT CHARGES AND PENALTIES; 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. 5328 as a bill that would correct a mistake in the Code. Currently there are two separate penalty provisions for businesses that do not pay their annual license fee in a timely fashion. This Bill deletes Section 12-27 entirely and amends Sections 12-189(b) and Section 12-219(b) to reflect the changes. The penalty will now read that delinquent licenses shall be assessed a penalty of 10% of the amount due plus 1% interest each month not to exceed 10%. This Bill was reviewed and approved by the Ways & Means Committee.

 

Motion was made by Alderwoman Clements, second by Alderman Marshall to approve and adopt Bill No. 5328.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5328 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4022.

 

Bill No. 5329 – Inventory of City Property

 

City Attorney Albrecht gave Bill No. 5329, AN ORDINANCE AMENDING CHAPTER 2 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY DELETING SECTION 2-3 IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW SECTION 2-3; DELETING SECTION 2-119 (r) IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW SECTION 2-119 (r); AS IT RELATES TO INVENTORY OF CITY PROPERTY; 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. 5329 as a bill that amends the dollar amount by which the City records its fixed assets from $1,500 to $5,000. This change follows a recommendation by the City’s auditors. The Ways & Means Committee is recommending approval of this Bill.

 

Motion was made by Alderman Marshall, second by Alderman Leahy to approve and adopt Bill No. 5329.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5329 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4023.

 

Bill No. 5330 – Alcoholic Beverages

 

City Attorney Albrecht gave Bill No. 5330, AN ORDINANCE AMENDING CHAPTER 3 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING NEW SECTION 3-3.1 (a) and (b); AS IT RELATES TO ALCOHOLIC BEVERAGES; 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. 5330 as a bill that would allow beer to be sold at the concession stand in Brentwood Park. Patrons would still be prohibited from bringing their own alcohol into the park. The City would lease the concession stand to an individual who would be responsible for obtaining the liquor license and operating the facility. The police chief was present for the discussion of this matter with the Committee and does not oppose the idea. The Ways & Means Committee is recommending passage of this Bill.

 

Alderman Wynn stated since he was elected to serve on the Board in 1978, he has voted against several bills concerning alcohol.  He has seen the use of alcoholic beverages expanded in hours, number of places, including city hall and the parks.  As far as the parks, family activities can be held better with no alcohol present. 

 

Alderman Leahy stated from his understanding the City currently does not have a concession contract pending.  He is not sure if they should approve alcoholic beverages at the concession stand before they get into a contractual relationship.   

 

Alderman Marshall stated an individual wanting to operate the concession stand at Brentwood Park has approached them.  A contract would be drawn up later. The person was concerned whether they would be able to turn a profit with selling the typical concession stand items.  The problem has been getting people to staff the concession stand.  The issue went before the Public Works and Ways and Means Committees and alcohol was introduced into it.  The vendor feels it is the only way they could make a profit.

 

Alderman Leahy stated in allowing alcohol in Brentwood Park he can see where you would improve the sociality of the men’s ball leagues.  His dilemma is that the parking at Brentwood Park is limited.  Currently they have overflow parking on the grass city lots at the park.  If they allow the alcohol more people will hang around after the games creating more of a parking problem during the ball change over times.  This is not acceptable to the residents in that area.  He asked that the Board consider that before they create more problems than they solve.

 

Alderman Marshall stated that was addressed in the meetings and people are already staying around after the ball games are over.  This bill would allow beer to be sold from the concession stand.  You would not be allowed to bring it into the park.  The police can try to control what goes on in the parking areas, but as long as people are not bringing alcohol into the park they are not breaking the laws concerning the park.

 

Alderman Leahy asked if there would be a conflict with the high school regarding having alcohol at the concession stand during the high school activities at the ballpark. 

 

Alderman Marshall stated the high school kids could not buy beer. 

 

Mayor Kelly stated since they are high school baseball league games they cannot serve alcohol at the park during those times.

 

Alderman Marshall stated they could adjust the schedule accordingly.  The applicant could obtain a schedule from the Parks and Recreation department.

 

Alderwoman Clements asked if she is correct that the bill does not establish a proprietor for the concession stand, it just opens the door for it.  The proprietor would have to go through another process.  There are many questions she would like to get into and possibly look into a bidding process.  The vendor would have to get a business license, liquor license, etc.

 

Mayor Kelly stated that was correct.

 

Alderman Marshall stated any contract that the City would enter into would come before the Board and they would have a chance to review the application.

 

Mayor Kelly stated he does not understand why alcohol is allowed in all the other parks, but people would be restricted from bringing alcohol into Brentwood Park. 

 

Alderwoman Clements stated that they had George Kroenung look into what other parks are doing.  The City of Kirkwood has rangers and people monitoring the sale of the alcohol at their parks.  As far as the adult softball leagues, she would hate to see a rowdy bunch at the park if they are allowed to bring beer in.  If that were the case, the concession stand would not be profitable because the vendor would not make any money. 

 

Alderman Marshall stated if the person operating the concession stand is not going to turn a profit they will not stay.

 

Mayor Kelly stated they would like to have a concession stand at the park that is viable because it would be an asset to the patrons that’s using the park whether they are selling alcohol or not. 

 

Alderman Cross asked why do they allow alcohol to be brought into the other parks and not Brentwood Park.

 

Alderman Marshall stated that when it was brought up before, the former police chief asked that it not be allowed in Brentwood Park. 

 

Mayor Kelly stated the former police chief was concerned that there could be incidents because of the alcohol.  

 

Alderwoman Clements stated the reason being is that all the athletic games are held at Brentwood Park because of the fields and that does not go on in the other parks.   She believes that was requested by the former police chief to try to keep a handle on things that could get out of hand.

 

Mayor Kelly stated it is difficult for the police officers to go down to the park and tell a couple of guys that are having a beer after their game that they can’t do that or want to arrest them for it.  If there is an incident the police will take care of it.   

 

Alderman Cross stated if they were to pass the bill and amend it to allow liquor to be brought into the park, that could make it difficult for the person that is going to lease the concession stand to be successful.  It might be better to pass the bill as is and still prohibit liquor from being brought into the park, except for the special occasions.

 

Alderman Marshall suggested the bill be kept in the form that it is currently in because it would be detrimental to the person leasing the concession stand if people were allowed to bring in alcohol.

 

Motion was made by Alderman Marshall, second by Alderman Cross to approve and adopt Bill No. 5330.  Roll call:  Alderwoman Clements, yes; because it establishes the possibility.  It is not establishing a concession stand. Alderman Marshall, yes; Alderman Leahy, no; Alderwoman Krewson, no; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, no; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5330 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4024.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderman Cross to accept the revised warrant list dated 5/1/06.  All in favor none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Committee Appointment

 

Mayor Kelly stated there is a partial list of committee appointments before the Board.  He is waiting for a few people to respond for appointments to the other subcommittees.

 

Motion was made by Alderman Robertson, second by Alderman Wynn to accept the committee appointment list as submitted.  All in favor none opposed.

 

Golf Tournament

 

Mayor Kelly reminded everyone about the City of Brentwood Charity Golf Tournament on Friday, June 16th at Paradise Valley Country Club.

 

Public Safety Committee – No report

 

Public Works Committee – No report

 

City Engineer – No report

 

Ways and Means Committee – No further report

 

City Attorney – No report

 

City Clerk/Administrator – Special Use Permit/McCarthy Brothers

 

City Administrator Seemayer stated a request for a special use permit from McCarthy Brothers is before the Board.  It would allow them to bring beer into Brentwood Park for their Annual Softball Tournament on May 20th

 

Motion was made by Alderwoman Clements, second by Alderman Marshall to grant the special use permit to McCarthy Brothers for their Annual Softball Fundraiser.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, no; Alderman Cross, yes. 

 

Director of Economic Development

 

Organized Living

 

Mayor Kelly stated they received a call from Pace Properties notifying them that they have a signed tenant for the Organized Living site.  The retail store will not be opened before the holiday season, but it will open early next year. 

 

Excise Commissioner – No report

 

Library – No report

 

Municipal League

 

Member

 

Mayor Kelly stated he was asked, nominated and they voted for him to serve as a member of the Municipal League Board for two years. 

 

Waste Management Commission

 

Removal

 

Motion was made by Alderman Marshall, second by Alderwoman Krewson to remove the Waste Management Commission from the agenda.  All in favor none opposed.

 

Communication – No further report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS

 

Update on Path and Bridge

 

City Administrator Seemayer stated the contractors are clearing the area.  They are getting ready to set a date to close on a portion of the properties involved.  He is not sure when the bridge will be delivered. 

 

Comprehensive Plan

 

Alderman Kramer asked about the Comprehensive Plan.

 

Mayor Kelly stated he believes they will hold one more meeting concerning the Comprehensive Plan.  Once the Planning and Zoning Commission releases it to the Board, if the Commission does not hold a meeting, they will have one more public meeting.

 

NEW BUSINESS

 

Ward 3 Meeting

 

Alderman Leahy announced a Ward 3 meeting would be held on Tuesday, May 30th at 7:00 p.m. in the City Hall Council Chambers.

 

ADJOURNMENT

 

Motion was made by Alderman Cross, second by Alderwoman Clements to adjourn the meeting at 8:15 p.m.  All in favor none opposed.

 

                                                                                                                                               

                                                                                                Pat Kelly, Mayor

 

Attest:

 

                                                           

Chris Seemayer, City Clerk