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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                        August 21, 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 Planning and Development/Asst. City Administrator Denton, City Treasurer Reynders and Executive Secretary Williams.

 

ABSENT:        None.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF AUGUST 21, 2006

 

Motion was made by Alderwoman Clements, second by Alderman Marshall to amend the Agenda of the Regular Board of Aldermen Meeting of August 21, 2006 by removing Bill No. 5342 from the agenda and adding a temporary liquor license request for Café Brasil under item #7 Excise Commissioner.  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.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF JULY 17, 2006

 

Motion was made by Alderman Leahy, second by Alderwoman Clements to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of July 17, 2006 as presented.  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.

 

PROCLAMATIONS

 

Michael Rabenberg and Old Newsboys Day

 

Motion was made by Alderman Wynn, second by Alderman Leahy to approve the proclamations for Michael Rabenberg and the Old Newsboys Day.  All in favor none opposed.

Mrs. Sally Delgado

 

Alderman Wynn read a proclamation for Mrs. Delgado’s family into record.    

 

Mayor Kelly stated that Mrs. Delgado died in a tragic automobile accident earlier this summer, at the same time losing her three grandchildren that were in the car with her.  Even though the family does not live in the St. Louis area any longer, a number of her friends and the community, specifically the Serrano family, have scheduled a memorial dedication which will be held on September 15th, 2006 from 2:30 to 4:30 p.m.  The Brentwood neighbors are invited to Mel and Alice Serrano’s home for an open house with the Delgado family to share in the memories of Sally Delgado, a long time Brentwood High School teacher and friend of our community.   Following the open house, the City of Brentwood would like to invite all those who knew Mrs. Delgado to attend a tree planting dedication in her memory at 6:00 p.m. on the front grounds of Brentwood High School. 

 

Motion was made by Alderman Cross, second by Alderman Wynn to accept the proclamation for Mrs. Delgado’s family.  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.

 

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 Bills

 

Motion was made by Alderwoman Clements, second by Alderman Leahy to give Bills No. 5341, 5343, 5344, 5345, 5346 and 5347 first and second readings.  All in favor none opposed. 

 

Bill No. 5341 – Fire Hydrant

 

City Attorney Albrecht gave Bill No. 5341, AN ORDINANCE PROVIDING FOR THE INSTALLATION OF ONE (1) ADDITIONAL FIRE HYDRANT IN THE CITY OF BRENTWOOD, MISSOURI, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5341 as a Bill that authorizes the Missouri American Water Company to install an additional fire hydrant in the Hanley Station Development.  This hydrant was ordered by the City’s Fire Marshal.  There is no cost to the City for this hydrant.

 

Motion was made by Alderwoman Krewson, second by Alderwoman Clements to approve and adopt Bill No. 5341.  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. 5341 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4035.

 

Bill No. 5343 – Personal Financial Statement

 

City Attorney Albrecht gave Bill No. 5343, AN ORDINANCE READOPTING ORDINANCE NO. 3153, SECTION 2-471 OF CHAPTER 2 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD FOR 1987; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5343 as a Bill that readopts the City’s Ethics & Personal Financial Statement as required by State law. All elected officials and the City Clerk/Administrator are required to file annually a financial disclosure statement with the Missouri Ethics Commission.

 

Motion was made by Alderwoman Clements, second by Alderwoman Krewson to approve and adopt Bill No. 5343.  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. 5343 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4037.

 

Public Hearing – Setting of 2006 Property Tax Rate

 

Mayor Kelly announced a public hearing for the setting of the 2006 property tax rate would now be heard at 7:15 p.m.

 

City Administrator Seemayer explained that the property tax rate is set for the current fiscal year.  The City receives the real estate and personal property information from the State of Missouri sometime in early to mid July.  The forms are then calculated, the required public hearing is set and held, and the information is turned in to St. Louis County by September 1st.  St. Louis County then starts billing the homeowners or mortgage companies for the taxes on or about October 1st.

 

The City’s property tax rate that was proposed before the Ways and Means Committee covers four separate funds which include the general fund, library fund, police and firemen’s pension fund and debt service fund.  That is further broken down into a residential and a commercial rate.  The total tax rate proposed for 2006 for residential is $ .595 per one hundred dollars of assessed valuation and the commercial rate is $ .771 per one hundred dollars of assessed valuation.   Those rates are not set at their maximum.  The City has the ability to set the residential rate at $1.10 for the general fund but does not.  On the debt service fund, the City waives all but $.5 of that.  The City is allowed to assess the commercial rate at a maximum of $1.09, and it is set at $.771.  The total amount waived is just over $575,000 annually.  The total amount that is generated by what is set is $1,847,919.  A little over half of that is for the police and firemen’s pension fund, the library fund, the debt service fund and some goes to the general fund from the commercial tax rate only. 

 

Alderman Leahy asked if the rate being proposed this year is higher or the same as last year.

 

City Administrator Seemayer stated the rate is $.5 higher and it is due to the debt service rate.

 

Mayor Kelly asked if there were any comments from the audience.  Hearing none, Mayor Kelly announced the public hearing closed at 7:20 p.m.

 

Bill No. 5344 – Setting of 2006 Property Tax Rate

 

City Attorney Albrecht gave Bill No. 5344, AN ORDINANCE TO CONFIRM, RATIFY AND APPROVE THE RATE OF TAX TO BE ASSESSED AND COLLECTED FOR EACH ONE HUNDRED DOLLARS ($100) OF ASSESSED VALUATION FOR THE YEAR 2006 FOR: (A) GENERAL MUNICIPAL PURPOSES; (B) TO PAY PRINCIPAL AND INTEREST AS THE SAME MATURES ON INDEBTEDNESS OF THE CITY OF BRENTWOOD EVIDENCED BY BONDS; (C) TO PAY FOR THE MAINTENANCE OF THE PUBLIC LIBRARY; AND (D) TO PROVIDE THE ANNUAL CONTRIBUTION TO THE CITY OF BRENTWOOD’S POLICE AND FIREMEN’S RETIREMENT FUND; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings.

 

Motion was made by Alderman Marshall, second by Alderman Wynn to approve and adopt Bill No. 5344.  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. 5344 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4038.

 

Bill No. 5345 – Conditional Use Permit/Drive-Thru Kiosk and ATM

 

City Attorney Albrecht gave Bill No. 5345, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO KEN BOEGEMAN, BAYWOOD REALTY AND CONSTRUCTION CORP., WHICH PERMITS UNDER CERTAIN CONDITIONS THE USE OF CERTAIN DESCRIBED PROPERTY FOR OPERATION OF A DRIVE-THRU KIOSK AND ATM; PROVIDING THE CONDITIONS OF SUCH USAGE; AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5345 as a Bill that would approve a drive- thru coffee kiosk and ATM for 8918-8996 Manchester Road.  The site plan was reviewed and approved by the Planning & Zoning Commission.

 

Public Hearing – Conditional Use Permit

 

Mayor Kelly announced a public hearing for a Conditional Use Permit at 8918-8996 Manchester Road would now be heard at 7:30 p.m.

 

Ken Boegeman – Baywood Realty and Construction Corp. came before the Board and stated that they are proposing to construct an island in their parking lot toward the eastern side, so that they do not block visibility of the east facing stores in the west building.  The kiosk will serve food and beverages with a drive up window on both sides.  There will also be an ATM in the island, which will take up one parking space and altogether two parking spaces at the end.  The kiosk will be in the back section and the ATM in the front section.  It will serve people for both services from both sides. 

 

Alderman Cross asked if the hours of operation has been determined.

 

Mr. Boegeman stated the people that are interested in leasing the kiosk want to serve coffee and food items to people on their way to work in the mornings.  Their biggest business is going to be from 6:00 to 8:30 a.m.  They will adjust their hours to see where the demand is.  The nature of the business may change in the future to accommodate the demand in the area. 

 

Alderman Cross asked what bank would be operating the ATM.

 

Mr. Boegeman stated that Bank of America has been interested in it from the very beginning. 

 

Alderman Robertson stated the hours of operation should be the same as any other establishment that has a similar business in the city. 

 

Mayor Kelly expressed concern about not limiting the hours of operation.  He stated that if you do not have some type of limitation on the hours of operation, the applicant might decide to start selling packaged liquor at night.  If the hours of operation are set, if the business has a legitimate reason for wanting different hours of operation, they could come back to the Board for approval.  

 

Alderman Leahy stated in response to the hours he is not recalling that they established hours of operation for the Daily Perc and it is a competitive business to the coffee kiosk. 

 

Mayor Kelly stated he believes the Daily Perc has hours of operation in their conditional use permit.

 

Alderman Leahy stated this is a competitive business as is the establishment in Rock Hill that places their advertisements all over the windows of the building, which looks a little junky.  A nice menu board that is visible from the north and the south side traffic would be so much nicer than to flag it all over the windows.

 

Mr. Boegeman stated that their standard form lease states that no signage can go up without their authorization.  He agrees with Alderman Leahy that it has to be clean and organized. The signboards were covered in the Planning and Zoning Commission meeting and they agreed to abide by the sign code. 

 

Mayor Kelly stated it is the City’s responsibility to say what signs are used. 

 

Alderman Marshall asked if there is anyway they could stipulate in the conditional use permit that it is not transferable if the business should sell and somebody else moves in. 

 

Mayor Kelly stated in a situation like this he does not believe Mr. Boegeman would want to make an investment and build that type of operation knowing that if he sold the property he could not transfer the right to run the business.   

 

Alderman Marshall stated he is concerned about conditional use permits and businesses that change tenants and the new tenant comes in and completely negates what the previous owner has originally agreed upon.

 

Mayor Kelly stated it is a different situation because the building is being specifically designed for drive up use and without the conditional use it is worthless.

 

Alderman Kramer asked for the specific location of the menu board. 

 

Mr. Boegeman stated if you are coming around the back of the building and you are facing north toward Manchester Road you could have a menu board at the corner of the building.  It would work in just the reverse when you come in from the other side of the kiosk.  There will be a window on the east side of the building and you would be pointing north on the east side toward Manchester and pointing south on the west side toward the back of the property. 

 

Alderman Leahy asked if the sign code allows window advertisement on the kiosk.

 

Asst. City Administrator Denton stated yes. 

 

Alderman Leahy stated thus if they comply with the current codes they could continually have some type of window coverage to work with.  Are they looking to suggest that menu boards are the only allowed sign other than a building name on the building?  His recommendation would be to use the menu boards. 

 

Alderman Wynn asked if the ATM machine and the kiosk is one beside the other.

 

Mr. Boegeman stated that there are two parking spaces, one behind the other.  The kiosk will be in the southern most one and the front one will be on an island.  There will be two ATMs one on one side and one on the other side.

 

Alderwoman Clements asked what are the hours of operation for Starbucks. 

 

City Administrator Seemayer responded that he believes it is from 6:00 a.m. to 10:00 p.m.

 

Alderwoman Clements asked Mr. Boegeman if he will come back and request a sign for Manchester Road that is going to advertise the coffee kiosk and the ATM or is the ATM machine going to have its own sign.

 

Mr. Boegeman stated they would have to come in and talk about what can be done for signs.  They will need some signs for the two tenants, the ATM people and the coffee kiosk. 

 

Mayor Kelly asked if there were any comments from the audience.  Hearing none, Mayor Kelly announced the public hearing closed at 7:39 p.m.

 

Motion was made by Alderman Kramer, second by Alderman Leahy to amend and adopt Bill No. 5345 by adding to Section 2 items f) which will read that the applicant will need to come back to the Board to establish hours of operation under the conditional use permit; and g) which will read that the final sign package is to be determined by the Board when established.   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. 5345 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4039.

 

Bill No. 5346 – Site Development Plan

 

City Attorney Albrecht gave Bill No. 5346,AN ORDINANCE GRANTING APPROVAL OF A SITE DEVELOPMENT PLAN FOR A NEW BUILDING AT PROPERTY NUMBERED 8722 SUBURBAN TRACKS WHICH PERMITS UNDER THE PROVISIONS OF CHAPTER 25, SECTIONS 126 AND 260 OF THE BRENTWOOD CITY CODE THE DEVELOPMENT OF THAT SITE; PROVIDING THE CONDITIONS TO SUCH DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5346 as a Bill that approves an Equipment Storage Building for 8722 Suburban Tracks by MTTA Development, Inc.  The site plan was reviewed and approved by the Planning and Development Commission.

 

Alderman Cross asked if the residents in the neighborhood were notified of the site development plan.

 

Asst. City Administrator Denton stated that notification was mailed to property owners within 300 feet.  However the area is largely industrial properties and Brentwood Park.

 

Alderman Cross expressed her concern with the site because the only way in and out of the property is to go through the neighborhood on Pendleton or Brazeau.  The residents on Pendleton and Brazeau should be notified to have an opportunity to express any concerns to the Board.

 

Mayor Kelly stated that under the current codes the City does not have any reason to deny an application based on residents concerns. 

 

Asst. City Administrator Denton stated she does not believe there are any limitations on the actual hours of operation.  It is not a conditional use permit, which would grant you the legislative authority to control the business hours.  There was a comment from the Planning and Zoning Commission, which was added to the bill that states the north garage door shall be closed by 9:00 p.m. to prevent any noise from disturbing surrounding residents.  During the site plan review committee there was some discussion regarding potential hours of operation and noise impact on the area.  It was pointed out by the petitioner that Brentwood Plastics operates next door which at times operates 24 hours a day and there have been no concerns by any residents from that business and that also includes vehicle traffic.  Chapter 14 sets limitations on vehicle weight, etc. and the petitioner has been provided with those. 

 

Alderman Marshall stated that he believes they have a verbal agreement with Brentwood Plastics to utilize some of the parking spaces down there.  Would that be continued?

 

Mr. Truss stated that the agreement with the parking spaces would continue.  They are going to move sixteen spaces that are on the south side, which is on the side they would like to build on, to the north side.   

 

Mayor Kelly stated the applicant needs to understand that if residents become upset by the amount of commercial vehicles going down that street the City has the right to implement the code that they have enforced in other areas to cut down on commercial traffic. 

 

Alderman Leahy stated he walked the streets of Brazeau, both the north and south sides to notify neighbors of the site development plan.  He received a total of two phone calls, one from a resident in that area and one from a resident elsewhere in the city of Brentwood.  Nobody had concerns about what was being proposed or what would be going in.  He attended the site plan review meeting in which they addressed the hours of operation and diesel equipment going in and out the neighborhood.  The applicant had agreed and still agrees to the hours of 7:00 a.m. to 9:00 p.m.  If you put a restriction on those two streets you could be adversely affecting Brentwood Plastics.

 

Mayor Kelly stated it is his understanding that Brentwood Plastics has a cross access agreement to use Mary Avenue as their entrance.

 

Alderman Cross stated that if she were living on those public streets she would not appreciate that kind of traffic and those hours.  She would much rather see something be worked out to use Mary Avenue.

 

Alderman Leahy asked if MTTA is opposed to making another approach to the West Paving Company to see if they could possibly arrange some type of accessible use.

 

Mr. Truss responded no, because West Paving Company could revoke that at any time and at that point they would be before the Board again dealing with the same situation. 

 

Alderman Cross stated she would appreciate it if MTTA would go back and work something out with the West Paving where it is a signed lease.  That way the residential streets would not be used.

 

Mr. Truss stated he does not think the residents will notice the moving of the heavy equipment. 

 

Alderwoman Krewson asked how many times a day would the vehicles be going up and down those streets.

 

Mr. Truss stated the three vehicles leave everyday.  One of them is usually a dump truck and the other two are one-ton trucks, which are small.  They return between 4:30 to 5:00 p.m. with the dump truck.  It is a five-man operation and has been for 22 years.  He does not see that changing.  He feels going in and out a residential area will not be an issue.  He lives on that street, so if it becomes an issue he will have to deal with some of the complaints as well. 

 

Alderman Cross stated under the new construction guidelines for infill housing at the end of every day they are required to clean the street. 

 

Mayor Kelly stated it is a residential area as opposed to a commercial area.  There are all types of regulations within the commercial district.

 

Alderman Cross stated they would be using a residential area to go in and out of their business.

 

Mayor Kelly stated his actual hours of operation are within the commercial district.

 

Alderman Marshall stated this has come up before where they did not agree with an applicant that met all the criteria and they were forced to allow the applicant to move forward.  This situation might not be the best solution for him but the applicant has done everything they can to meet the requirements.  He believes they have to move forward on the issue. 

 

Mayor Kelly stated they are following the law, which cannot be changed midstream. 

 

Motion was made by Alderman Leahy, second by Alderman Wynn to approve and adopt Bill No. 5346.  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, no.

 

The Mayor thereupon declared Bill No. 5346 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4040.

 

Bill No. 5347 – Parking of Vehicles on Private Property

 

City Attorney Albrecht gave Bill No. 5347, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW SECTION 14-292.1 (1) AND (2) TO SAID CHAPTER; AS IT RELATES TO THE PARKING OF VEHICLES ON PRIVATE PROPERTY USED FOR RETAIL AND COMMERCIAL PURPOSES; 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 reading. 

 

Alderman Kramer read a synopsis of Bill No. 5347 as a Bill that would prohibit parking on private property used for retail or commercial purposes without the consent of the property owner. Any person who parks on private property used for retail or commercial purposes without the owners consent for more than three consecutive hours shall be subject to a fine of $250.00.

 

Mayor Kelly explained that the retailers in the Eager Road area are concerned about MetroLink opening on Saturday and the garage will not be completed until May of 2007.  They are concerned about people parking on their lots and leaving their cars during the day to ride the Metrolink.  Bill No. 5347 will allow retailers to post signs to help monitor the parking. 

 

Alderman Wynn asked about the enforcement of the ordinance if approved.

 

Mayor Kelly stated that the retailers would have to help monitor the parking lot with added security and then call Brentwood police to have the tickets issued.

 

Alderman Wynn stated that he was concerned about the amount of time the police could spend on the parking issue.

 

Mayor Kelly responded that they are hoping the signs will deter most people from parking there.

 

Alderman Kramer asked where is Metro directing traffic to be parked until the garage is completed.

 

Mayor Kelly responded that there are approximately 200 spaces on the surface lot just to the east of the MetroLink garage, behind the old Purina Mills building.  There is also an entrance to get to the MetroLink stop from the Dierbergs side as well.  The ordinance is not just for the Eager Road area it could be enforced citywide.  

 

Alderman Robertson asked if private property owners have the ability to tow cars and how was the $250.00 fine determined. 

 

Mayor Kelly responded that he believes business owners have the right to tow vehicles on private property if they post a sign stating that.  If the fine is set at ten dollars people will park there because it is cheaper than driving downtown.  Mayor Kelly suggested that once the Metro garage is open they reevaluate the parking next July to see if it is something they want to continue.  

 

Alderman Robertson stated that he does not like the fact that it will be applied to the entire city permanently and that they are creating a huge fine for somebody who might have an unfortunate problem with their car. 

 

Alderman Wynn stated he hopes it will be worked out in a fair and equitable manner for everybody because it will be difficult to determine who is parked there for three consecutive hours.

 

Alderman Marshall stated the fine should be kept at the $250.00.  He does not think it will change if the fine is lower.  People will take the chance and park there anyway.

 

Alderman Leahy asked how would the complaint be registered with the police.  Would the owner of the parking lot have to document that or will they have to call the police to come out and start the three-hour time limit.

 

Mayor Kelly stated that the owners would have to mark the tires or observe people parking their cars and walking over to MetroLink, document that they are there longer than three hours and request that the ticket be issued by the police.  If there is a mistake made it can be worked out just like any other ticket.

 

Motion was made by Alderwoman Clements, second by Alderman Marshall to approve and adopt Bill No. 5347.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, no; Alderman Wynn, no; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5347 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4036.

 

Resolution No. 936 – Declaring a Public Emergency

 

Alderman Kramer read a synopsis of Resolution No. 936, which authorizes the City to seek financial assistance through FEMA for the storms and related expenses that occurred on July 19th, 2006.

 

Asst. City Administrator Denton came before the Board and stated that there was a federal declaration declaring an emergency for the storms that occurred on July 19th.  FEMA is providing local government assistance under their public assistance grant program.  This grant program provides a 75% federal, 15% state and 10% local match.  That means those certain eligible expenses; specifically debris removal and emergency protective measures, the cost that the City incurred are eligible for reimbursement.  This program will reimburse 90% of the City’s cost.  As of today, the City’s total expenses that they will be seeking reimbursement for including the 10% local match are $67,221.  The total for emergency protective measures is $14,443.  Combined the City has a little over $81,000 in expenses related to that storm. 

 

Mayor Kelly stated in order to be reimbursed a state of emergency has to be declared.  He stated that he attended a municipal league executive board planning session today and the reimbursement was one of the topics of discussion.  FEMA stated that it was a very small disaster compared to what they are used to giving reimbursements for, but because it was declared a state of emergency people are able to submit for reimbursement.

 

Mayor Kelly stated the public works, fire, police and parks departments did an outstanding job.   He thanked the school district for opening McGrath Elementary School as a cooling center.  It was a consorted effort by all of the staff including Asst. City Administrator Denton. 

 

Motion was made by Alderwoman Clements, second by Alderman Marshall to approve Resolution No. 936.  All in favor none opposed.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Robertson, second by Alderwoman Clements to adopt the warrant list dated 8/21/06 as presented.  All in favor none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Executive Session

 

Mayor Kelly announced an Executive Session/Personnel and Real Estate matters would be held following the regular meeting.

 

Project

 

Mayor Kelly stated the utility lines are finally moved and out of the way on Litzsinger at Cecelia.  He requested that the Public Works Committee look at getting the project started.

 

MLP

 

Mayor Kelly stated the MLP Development condominiums sales are going very well. The hotel footing and foundation plans have been approved and they will start pouring the foundations.  Houlihans Restaurant has all their approvals. 

 

MetroLink

 

Mayor Kelly announced that MetroLink’s ribbon cutting and presentation would be held on Saturday, August 26th. 

 

City of Rock Hill

 

Mayor Kelly stated that the City has received the April payment from the City of Rock Hill which is about half of what they owe.  He requested the Public Safety Committee discuss if or what type of action should be taken on the issue. 

 

Breckenridge Bridge

 

Mayor Kelly stated the City of Webster Groves approved contributing $44,000 as their portion towards the rebuilding of the Breckenridge Bridge.  He requested the Ways and Means Committee look at the issue and decide how to proceed.

 

Public Safety Committee – No report

 

Public Works Committee – No report

 

City Engineer – No report

 

Mayor Kelly requested that “City Engineer” report on the agenda be changed to “Director of Planning and Development”.

 

Ways and Means Committee – No report

 

City Attorney – No report

 

City Clerk/Administrator – No report

 

Director of Economic Development

 

Mayor Kelly requested that the report from the “Director of Economic Development” be removed from the agenda.

 

Excise Commissioner

 

OB Clark’s and Café Brasil Temporary Liquor License Request

 

Alderman Cross stated that two applications are before the Board for a temporary liquor license request.  OB Clark’s is requesting a temporary liquor license for the sale of beer and wine and Café Brasil is requesting a temporary liquor license for the sale of beer, wine and a specialty drink.  Both are for Friday, September 15th and Saturday, September 16th at Brentwood Days. 

 

Alderman Wynn asked if they are adding more in number.

 

City Administrator Seemayer stated that it was the same.  They have had for the last two years the Goff-Moll Post, OB Clark’s and Café Brasil. 

 

Motion was made by Alderman Cross, second by Alderwoman Clements to approve the temporary liquor licenses for OB Clark’s and Café Brasil.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Library – No report

 

Municipal League

 

MML Conference

 

Mayor Kelly reminded everyone that the 72nd MML Conference would be held in St. Louis this year in October. 

 

Communications – No further report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS

 

Update on Trail and Bridge Project

 

Alderman Marshall asked for an update on the trail and bridge project.

 

Asst. City Administrator Denton gave an update on the Rosalie/Eulalie trail regarding the installation of the bridge.  Ameren UE will be dropping the power lines on Thursday and that is the date the bridge is expected to arrive and be installed. 

 

Comprehensive Plan

 

Alderman Kramer asked about the status of the Comprehensive Plan public meeting.

 

Mayor Kelly stated that a presentation of the Comprehensive Plan will be given at the September meeting and a public open house will be held at the Recreation Center.  After that it will come back to the Board to be adopted at the end of the October or November meeting.  If the Board would like to have a meeting with the members of the Comprehensive Plan Steering Committee to go over the plan and answer any specific questions that can be scheduled.

 

Eager Road Project

 

Mayor Kelly stated that they are waiting for one more item from St. Louis County to be approved for the Eager Road project.  The owners of the property have agreed to grant the City the easement at no cost.  Target has to sign off on those improvements.  Target has verbally said they do not have a problem with it.  He would hope they could get that project out to bid and get started by the first of the year. 

 

NEW BUSINESS

 

Ward 3 Meeting

 

Alderman Leahy announced a Ward 3 meeting would be held Tuesday, August 29th at 7:00 p.m. in the Council Chambers.

 

National Night Out Against Crime

 

Alderman Leahy stated August 1st was the National Night Out Against Crime organizational program that was sponsored by the Brentwood Police Department at McGrath School.  There is a very nice photo and article in the Pulse on page 28.  The article highlighted a number of businesses that participated in helping make the community program work.  The National Night Out Against Crime Committee is very grateful for the businesses and the residents’ support and participation.

 

NIMS

 

Mayor Kelly mentioned a NIMS meeting would be held next Tuesday and Thursday night, which is a course that is required by the Federal Government in order to receive some types of financial aid in disaster situations.  It is a requirement of elected officials to take the course, as well as city administrators.  He suggested that if the Board is available they should consider taking the course. 

 

Recess

 

The meeting was recessed at 9:02 p.m. for an executive session/personnel and real estate matters. 

 

Executive Session

 

Motion was made by Alderman Marshall, second by Alderman Wynn to reconvene the meeting at 9:10 p.m.  All in favor none opposed.

 

Motion was made by Alderwoman Clements, second by Alderman Wynn to enter into executive session on personnel and real estate matters.  All in favor none opposed.

 

A real estate matter was discussed.

 

After discussion of a personnel matter, motion was made by Alderman Marshall, second by Alderman Wynn to terminate the employment of Dan Freeman.  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.

 

Motion was made by Alderwoman Clements, second by Alderwoman Krewson to hire a consultant to do a human resource study in the police department.  All in favor none opposed.

 

Motion was made by Alderman Leahy, second by Alderman Marshall to return to open session at 9:46 p.m.  All in favor none opposed.

 

ADJOURNMENT

 

Motion was made by Alderman Leahy, second by Alderman Marshall to adjourn the meeting at 9:47 p.m.  All in favor none opposed.

 

                                                                                                                                               

                                                                                                Pat Kelly, Mayor

 

Attest:

 

                                               

Chris Seemayer, City Clerk