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City Hall                                                                                                           May 15, 2006

Council Chambers                                                                                             7:00 p.m.


The Mayor led with the Pledge of Allegiance.




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


                        City Attorney Albrecht, City Clerk/Administrator Seemayer, Director of Economic Development/Asst. City Administrator Denton, Executive Secretary Williams, City Treasurer Reynders and Excise Commissioner Clements.


ABSENT:        Alderman Cross.




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 15, 2006.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.




Motion was made by Alderman Wynn, second by Alderman Robertson to approve and adopt the Minutes of the Regular Board of Aldermen meeting of May 1, 2006.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.




Police Chief Knight came before the Board and introduced their newest police officer Joshua Bowersox.  He graduated recently from the Eastern District Police Academy in St. Charles.  He has attended Webster University and is about nine hours away from getting his degree in a psychology major.  His mom, fiancé, and brother were in the audience. 

Patrol Officer Joshua Bowersox came before the Board and was sworn in by Mayor Kelly. 


BIDS – None






First and Second Readings of Bills


Motion was made by Alderwoman Clements, second by Alderman Robertson to give Bills No. 5331 and 5332 first and second readings.  All in favor none opposed.


Bill No. 5331 – Boundary Adjustment




Alderman Kramer read a synopsis of Bill No. 5331 as a Bill that would approve a boundary adjustment for 8071 Manchester Road and 2628 Porter Avenue. The petitioner previously came before the Board of Aldermen to subdivide one lot into three lots. He is now requesting to adjust the boundary of two of the lots. This act could normally be performed administratively but the lot at 8071 Manchester has an east side-building setback of only three feet. Since the lot does not comply with the Code the Board of Aldermen must approve the boundary adjustment. Both the Planning & Zoning Commission and the Director of Public Works recommended that this Bill be approved.


Mayor Kelly stated the boundary adjustment went before the Planning and Zoning Commission last Wednesday night and it was approved.


Motion was made by Alderman Leahy, second by Alderwoman Clements to approve and adopt Bill No. 5331.   Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.


The Mayor thereupon declared Bill No. 5331 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4025.


Bill No. 5332 – Hanley Station Development




Alderman Leahy stated there is a discrepancy on page 3, section 3, subparagraph 3 of the Bill.  The section does not identify what the drawing is.  It has been left out. His dilemma is if they approve the bill as it is amended are they waiving the current requirement of the Board having the option later to ask MLP to put the additional floors on the garages.  Because they are reducing the parking demands, they would be bringing the applicant into compliance to the point that there would be no ability for the Board to establish additional floors for parking.  Since this is the very first time the City of Brentwood is dealing with a mixed-use development, he is extremely cautious about waiving parking requirements that may end up to be a real problem later for the tenants of that complex.


Andrew Checkley - MLP Investments, Inc. came before the Board and stated items 7 and 8 are the drawings referenced in section 3. 


Mayor Kelly stated with respect to the parking, Alderman Leahy is correct that it would take away the ability of the City to require the developer to add additional parking spaces in the future.  Two things have transpired since the original redevelopment agreement.  They have already added one additional deck to the garage and increased the number of parking spaces from the original number that they were going to construct.  When they entered into the redevelopment agreement, they had the ability to put additional decking on the existing garage.  It has been pointed out from an engineering standpoint that it would have been almost impossible to actually do that.  In order to bring everything into compliance, one of the stipulations that the Planning and Zoning Commission made when they approved it was they wanted an opinion from the Zoning Administrator for the ability of the City to make this change and whether its advisable to make the change.  He has spoken to Zoning Administrator Wolf and he stated that not only is it his opinion they should make the change, but he did not believe that they had a legal right not to make the change, because they have already set a precedence in reducing the Villas at Brentwood to 1.2 parking spaces for that housing development.  This developer is asking the same ratio to be used for the condominiums, which is what is making the reduction in the parking.  By making the change, they will bring it into compliance with the Code.  They have the ability to do that under the Urban Development District and the ordinances of the City of Brentwood. 


Mr. Checkley stated additionally, 609 spaces would exist from the retail and the additional parking levels that the Villas does not have.  They are planning for 1.5 spaces, but they are building an additional 610 spaces, so that if there were a margin of error, the parking mixture that was originally used to approve the site on a reduced basis would come into play. 


Alderman Leahy stated his dilemma is that it is the first time they would be getting into a mixed-use project, where the Villas at Brentwood is strictly a housing complex activity.  He is not sure how the work of the numbers in the mixed-use actually ends up being a beneficial arrangement for the tenants in the condominiums.  They are the ones he would anticipate would raise the complaint first if a parking problem arise. 


Mayor Kelly stated Brentwood’s Code does not have a mixed-use matrix.  Going back to the original proposal, under a mixed-use matrix for the parking, they would actually be required to have fewer parking spaces.   


Mr. Checkley stated that originally they only had to create 758 spaces versus the 109.  Today, they have 834 spaces.  By implementing the 1.5 spaces per unit, they actually came into compliance with what the City requires under that particular code change.


Alderman Kramer stated that currently the residents in Brentwood Forest enjoy approximately 1.5 spaces per unit in 1,425 total units, granted there is no mixed-use.


Alderman Kramer read a synopsis of Bill No. 5332 as a Bill that would amend Ordinance #3954 & 4018 as they relate to the site plan, building setbacks and parking requirements for Hanley Station, located at 1801 – 1819 South Hanley Road. The final site plan is amended to include 150 condominiums, a six story 125 room hotel, (expandable to seven stories) 11,500 sq. ft. of retail space, four restaurants totaling not more than 22,000 sq. ft., one six story parking garage and one five and ½ story parking garage. Six building setback requirements were amended, as allowed by the Urban Development District and the parking requirements were amended to require five parking spaces per 1,000 sq. ft. for retail and 1.5 parking spaces per condominium. The Planning & Zoning Commission reviewed these proposed amendments and is recommending their approval.


Motion was made by Alderman Marshall, second by Alderman Wynn to approve and adopt Bill No. 5332.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, no; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.


The Mayor thereupon declared Bill No. 5332 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4026. 


Presentation by ATS


Mayor Kelly stated the City is considering using a red light program to monitor some of the intersections in the Brentwood.  ATS is one of the companies that operate a red light camera enforcement program.


Ron Battelle/Senior Public Safety Advisor for American Traffic Solutions came before the Board and stated that he recently retired as police chief for St. Louis County.  He was a police officer with the department for almost 40 years and police chief for almost 15 years.  He is a graduate of the FBI Academy, among other academies such as the National Traffic Management Institute, a management school where they did in-depth studies of traffic accidents, traffic enforcement and traffic related issues.  After he retired he was looking to become affiliated with red light cameras.  At that point in time he had looked at different companies throughout the United States.  He did backgrounds on all of them and he had an offer from ATS.  After he looked at all the companies he concluded ATS was the best out there.  ATS technology is state-of-the-art and it is outstanding.  Their single camera system is a standard that the other companies are trying to match in the industry.  He showed a clip from the Arnold operation of an incident that happened.  He stated that the cameras are about public safety and protecting citizens and children in the community. 


Dan Reeb/Senior Business Development Manager came before the Board and stated that he is a licensed Missouri attorney.  Prior to joining ATS he worked as a staff attorney for the Missouri State Auditor.  American Traffic Solutions is the hometown team.  They live in St. Louis and are the only company with an office in St. Louis.  The law firm and the traffic engineering firm is located in St. Louis.  Last November their company conducted an intersection evaluation study at some of the busiest intersections in the City of Brentwood.  They evaluated Hanley and Eager, Brentwood and Manchester and Brentwood and Eager.  They analyzed the traffic volume, speed and conducted a complete site evaluation of each of the intersections.  ATS implemented the first program in the state of Missouri and they remain the only company that has implemented programs in the state of Missouri.  They also operate some of the largest programs in the United States including New York City, Philadelphia and Seattle.  In New York City the purpose of the program was to promote public safety and they have achieved that result. Over the life of the program they have seen a 72% reduction in violations, which has led to a 41% reduction in collisions and a 35% reduction in fatalities.


The equipment is one of the key differences between them and their competitors.  Brentwood takes great pride in the way the City looks.  They think what most cities like Brentwood want to see is minimal impact on their streetscape. Their system is low profile.  They can use existing infrastructure and it would not block a driver’s view at the intersection.  Their systems provide the evidence for exactly two images from a single camera.  Multi-camera systems require at least two images and yet another camera to capture the license plate and then the computer to match up the images.  To further help the cities, they provide advanced above ground video detection of red light runners.  For example, in Arnold they were able to implement their program without cutting into their streets and without impeding traffic.  The key to providing evidence for a violation is getting clear pictures of the vehicles and their license plates.  Their customized 12.4-mega pixel digital camera with the highest resolution in the industry does just that.  At each approach they will have a single camera that can cover up to four lanes.  They have consistent triggering regardless of the size of the vehicle, weather conditions, etc.  Their program also consists of a cutting edge video component, which is extremely helpful for the police in accident reconstruction and the compiling of evidence.


They provide a user-friendly web based system, comprehensive reporting and the highest security measures available.  For security they have multi-level firewall and intrusion detection system in place that is state-of-the-art.  Their multi-level firewalls are from different software manufacturers making the penetration of their system nearly impossible.  American Traffic Solutions is a national strategic partner of NLETS, which is the National Law Enforcement Telecommunication System.  As such, they have passed rigorous security audits for approval as a strategic partner of NLETS.  In addition to NLETS, they have passed security checks from major national companies and government organizations.


After the violation occurs, they take pictures, which are sent to their main office.  Their highly trained staff reviews the photos, crop the license plates from one of the two shots, and send the license plate data to the DMV.  They collect the DMV data and review all the information with what they see in the photos and the video.  Once they think everything looks good the information is sent to the police department for their final review and to make the decision on whether a violation occurred.   After the police review and approve the violation, a citation is sent to the violator.  The violator will receive the citation with both the picture of the violation and of the license plate.  They will also be given a notification and pin number so the violator can go online and key in that notification and pin number, look at the still photos and click and see the video of themselves going through the red light. 


Mr. Battelle stated as a hometown team, ATS has invested millions of dollars in Missouri and the St. Louis economy.  They pioneered the photo enforcement business in Missouri by engaging one of the top municipal law firms in Missouri to create a roadmap enabling Missouri cities to begin photo enforcement programs.  They live here and are the only company with a local office.  They have hired and retained local staff and local subcontractors.  They have the best technology with the best impact on the aesthetics of the community.  They would like to work with the City to implement the red light program. 


Alderwoman Clements asked when ATS staff accesses information dealing with the license plates and the owner registration, what comes up in front of them.  What kind of personal information is viewed? 


Mr. Reeb stated that it is the registered owner, home address and the make and model of the vehicle.  There is no other information that is provided by the DMV as far as any outstanding warrants, social security numbers or driver’s license numbers. 


Alderman Marshall stated the places that they have been looking at like Brentwood Boulevard, Manchester and Eager Roads are county and state roads.  What is going to keep the county or state from coming in and saying they want their cut or take it over?   


Mr. Reeb stated they have had a great working relationship with MoDOT in Arnold.  All their intersections are MoDOT controlled.  As far as St. Louis County, when they implemented the Florissant program, at first they were looking at some county roads, so they went through the process of working with the county and they were very supportive in giving Florissant what they needed. 


Mayor Kelly stated that in conversations with representatives from St. Louis County, their position has been that they are not going to try to infringe on the ability of municipalities to control and monitor their own traffic.  Even though it might be a county road, they are supportive of the red light type program but they are not going to implement it within the boundaries of Brentwood and the same thing goes for MoDOT.  Obviously they have approved it in other municipalities.  They are not going to override local jurisdiction. 


Alderman Kramer stated he had an opportunity to receive a presentation from Mr. Spector a couple of years ago and was quite impressed with the ATS system at that time.  He still is, especially with regards to the technology and the less conspicuous nature of the equipment.  He asked Mr. Reed to review the lack of saw cuts with the system and to explain the difference between the induction piezo versus the video loop.


Mr. Reeb stated Arnold went with the video detection system, which is the above ground loop detection where you do not put the imbedded loop into the street.  Florissant has the piezo loop in the first intersection based on the infrastructure.   Where the infrastructure does not impact the decision, it is up to the City to decide whether they want to go with the above ground video detection or the in ground piezo loop or other types of imbedded loops. 


Alderman Kramer asked if an existing pole can be used for the attachment or would a new pole have to be erected. 


Mr. Reeb stated where possible they would use an existing pole. 


Mayor Kelly stated the sensors would activate the cameras if there were a violation.  It could be a strip that’s imbedded in the asphalt and a mounted camera that has a sensor. 


Mr. Reeb stated once the light turns red they get a signal that it is red.  Based on how the vehicle is coming through the intersection, whether it is the video detection or as an imbedded loop, it will detect how fast the vehicle is going and determine whether it could have stopped for the red light.  If the vehicle is going at a certain speed the camera is activated, takes the shots and captures the red light violation.


Alderman Leahy asked where is the equipment placed.


Mr. Reeb stated the box attaches to a single pole with the cameras, video and strobe.


Presentation by Redflex Traffic Systems, Inc.


Mark Etzbach – Redflex Traffic Systems, Inc came before the Board and stated that he is the Regional Sales Director for Redflex.  He started with Redflex in January of 2001.  Their solution incorporates both full motion video and high-resolution digital still imagery.  Redflex is the largest digital outsourcing photo enforcement company in the U.S.  They have 85 cities under contract in sixteen states. Globally, they have contracts in eleven countries and are the largest outsourcing company globally.  Their operating history dates back to 1986.  One of the most important things about Redflex from a competitive standpoint is they have more digital systems in the ground and over 600 systems are operational.


Redflex acquired the traffic business from ATS back in 1999.  ATS also had a two-year non-compete with Redflex.  They are the acquirer, not the acquiree.  They are one of the only companies in this business that is profitable.  They make money and support all of their installation efforts with the revenues generated from their over 600 installations. 


One of the strengths of Redflex is that they are an in-house service provider.  They currently have over 190 U.S. based employees.  They are the largest provider, not only in terms of the scope of how many programs they have, but in terms of how many resources they have dedicated to those types of programs.  Over 60 of those resources alone are dedicated to doing the citation review process.  Those individuals are also working 24/7.   When violators get tickets they want to call someone.  The odds of them reading the back of the citation are slim.  They provide the 1-800 number for the violators to call in case they have questions.  More importantly, if the City has any question they have a help desk.  They are in operation 19 hours a day, Monday through Friday, plus they come in Sunday nights. 


One of the uniqueness that Redflex brings to the table is a supplement to the existing fixed program.  They have a mobile red light solution, which is vehicle based, using a retractable mast arm and video detection.  It could be deployed anywhere at anytime.   They utilize the video detection to detect the presence of the vehicle and it captures the full motion video. 


The installation is a pole-based unit with the attached flash.  The unit is bullet resistant.  They do not use anything off the shelf.  They design and manufacture them.  They spent thousands of dollars doing market research to develop, not only the safest housing in the industry, but also housing that was aesthetically pleasing.  They have roadside cabinet options a little bit bigger than your hand. 


Their violations go through three sets of eyes before they are made available to the police department.  The initial review is where they pull the motor vehicle license plate information, the DMV lookup and then a final level of quality assurance.  At that time it is made available through their secure website.  The police department would determine who gets the ticket and then they would issue the mail to the registered owner of the vehicle.  Once people put in the security code, the citation and the license information, they can then watch the video.  After they see the video, they can either respond by requesting a hearing, they could be delinquent or they could pay that particular citation.  They also have the option to pay it on line. 


They can capture all movements, straight-throughs, left turns, double left turns, triple left turns, right turn on red violations, multiple violations per lane per phasing, variable weather conditions, plus violations of speeds traveling over 100 mph.  They could capture up to five lanes.  In certain instances, they could do up to six contiguous lanes depending on the actual configuration of the intersection.  Another important part of the multiple camera configurations is their ability to capture, not only simultaneous, but multiple violations. 


One of the things that St. Peters is going to be doing differently is identifying the driver of the vehicle.  It will be a moving violation.  With their 47 operational programs in California, one of the reasons they are so successful is because they have the ability to effectively capture the person driving the vehicle. 


Alderman Leahy asked how difficult is it to change from the rearview license plate to identification of the driver.


Mr. Etzbach stated it is just an additional camera on the other end of the intersection.  What you find with driver identification is you could do up to four lanes of enforcement with a single camera system, but a lot of that depends on the actual geographies of the intersection.  With turning movements, people are turning away from the cameras.  It brings up a whole set of operational issues like gender identification, etc.


Alderman Marshall asked what type of personal information is obtained on the driver.


Mr. Etzbach stated it is all third party, registered owner, name, address, make and model of the vehicle.  No social security numbers are obtained.  Some states, depending on the actual state, will provide DL. There is uniqueness from state to state on what they can access. 


Alderman Kramer stated both vendors have done an excellent job of highlighting the topic of safety for the residents.


Mayor Kelly thanked both ATS and Redflex Traffic Systems for their presentations and stated that it would be referred back to committee for further discussion.




Motion was made by Alderman Marshall, second by Alderwoman Clements to accept the revised warrant list dated 5/15/06.  All in favor none opposed.




Mayor’s Report


Committee Appointments


Mayor Kelly stated he is waiting for final decisions from people with respect to serving on committees.   


Paving of Evans Avenue


Mayor Kelly stated as part of the Villas at Brentwood project, they had a verbal commitment from the City to repair Evans Avenue once the project was completed.  It consists of approximately 200 feet of asphalt off Brentwood Boulevard between the White building and the Villas.  They have completed the fountain in front of the Villas.   Out of their own frustrations, the owners had approached the City and stated that they would be willing to pay for part of the improvements to the road if they could get it paved.  That was sent to subcommittee and they received bids on doing the work.  The bids were around $8,200 at that time.  The owner has agreed that they will contribute $2,000 towards the paving of a public street. 


Mayor Kelly asked for a decision from the Board on whether they are going to repair that road.  If they are, they need to schedule to get it done.  The Committee wanted to know if the White Company would be willing to contribute towards the paving of the road. He does not understand the logic of asking businesses to pay for public roadway improvements when the City does not require other people to do it.   The original contribution that was being made by the owners of the Villas was out of frustration that the road had not been fixed.  They cannot abandon the right-of-way.  It is a public street and they cannot force private businesses to pay for a public road. 


Alderman Kramer stated if the White Company would not be contributing he does not think they would want to accept a contribution from the Winther Group.  The City should go ahead and complete the task. 


Alderman Leahy stated the paving of Evans Avenue would be based on the fact that it is general maintenance for the City.  He asked if construction traffic from the building of the Villas contributed to the destruction of the road.


Mayor Kelly stated it was in bad shape prior to that.  It was something they put off because they knew that project was going to take place.  It was one of the reasons they did not require the developer as part of the redevelopment agreement to do that because the City had already scheduled to have it done.


Motion was made by Alderman Kramer, second by Alderman Wynn to proceed with the paving of Evans Avenue.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.


Public Safety Committee – No report


Public Works Committee – No report


City Engineer – No report


Ways and Means Committee – No report


City Attorney – No report


City Clerk/Administrator


Charity Golf Tournament


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


Director of Economic Development – No report


Excise Commissioner


Temporary Liquor License Request – St. Mary Magdalen Church Parish Picnic


Excise Commissioner Clements stated that St. Mary Magdalen Church is having their annual picnic this weekend and they are asking for a temporary liquor license to sell margaritas.  It is a two-day event and everything is in order.


Liquor License Request – Hunan Wok


Hunan Wok has had a change in ownership and this will bring them up-to-date with the license.  Everything is in order.


Motion was made by Alderwoman Clements, second by Alderman Marshall to grant the temporary liquor license to St. Mary Magdalen and the liquor license to Hunan Wok.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, no.


Library – No report


Municipal League


Public Safety Sales Tax


Mayor Kelly stated one of the things the Municipal League had pushed for this year was a public safety sales tax.  City Administrator Seemayer went up to Jefferson City on Friday to try to lobby on the last day of the session.   The fire department union is trying to insist that fire districts should be able to use this sales tax and the Fraternal Order of Police is trying to put a stipulation in the bill that if it was passed municipalities could not reduce their current contributions to the police budget.  This would mean that they could not offset the cost to reduce the general funds.  Unfortunately for the second year in a row this new sales tax did not pass.  He does not think Brentwood would have wanted to implement it, but many fire and police departments throughout the county wanted to implement the new sales tax to help with their public safety expenses. 


Annual Installation Dinner


Mayor Kelly stated on Friday, June 2nd the Municipal League would be having their annual installation dinner for their new officers.  He will be installed that night as one of their new board of director members. 


Communication – No further report


Insurance Committee – No report


Historical Society – No report






Alderman Kramer stated for those who use McCutcheon Road on a regular basis or would like to use it in the future the rerouting is about to take place.  They received an update a week or so ago from the developers that the new pavement should be in by the second week in June.  The new McCutcheon Road will have parallel parking on the road. 




Ward 3 Meeting


Alderman Leahy announced a Ward 3 meeting would be held on Tuesday, May 30th at 7:00 p.m.


Costello Leasing Property


Alderman Leahy stated he received a couple of phone calls from residents questioning the Dean Team operation on Manchester Road at the old Costello Leasing property.  He asked for an update on the property and the requirements.


Mayor Kelly stated the Dick Dean Automotive Group is in the process of purchasing the property. 


City Administrator Seemayer stated they have not applied for a business license to do business in the City.


Mayor Kelly stated the process is that Costello Leasing has a conditional use permit to operate their leasing business on the lot.  Under that conditional use permit, they have to do more leasing than they do sales out of that operation.  They are also restricted to their hours of operation and so forth.  The conditional use permit goes with the property.  So if another automotive group would want to purchase it and use the same guidelines under the conditional use permit they have every right to do that.


City Administrator Seemayer stated the new owners were made very aware at a meeting with City staff that they would have to operate under those guidelines.  The owners also felt that they would be requesting an amendment to the guidelines that regulate “for sale” signs on vehicles. 


Mayor Kelly asked that three issues be looked into that are occurring on the lot on weekends.  They do not have “for sale” signs on the cars but they do have prices.  Every weekend they are decorating the cars with balloons.  Check with the fire marshall regarding the number of cars they are parking on that lot and the ability for a public safety vehicle to get in there.  The lot probably has at least twice as many cars as it did before.




Motion was made by Alderwoman Clements, second by Alderman Wynn to adjourn the meeting at 8:50 p.m.  All in favor none opposed.


                                                                                                Pat Kelly, Mayor





Chris Seemayer, City Clerk