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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

City Hall

December 16, 2002

Council Chambers

7:00 p.m.

The Mayor led with the Pledge of Allegiance.

ROLL CALL

Present: Alderman Boyd, Alderman Marshall, Alderman Leahy, Alderwoman Mehler, Alderman Robertson, Alderman Wynn, Alderman Cross.

City Attorney Murphy, City Clerk/Administrator Seemayer, Zoning Administrator Wolf, Director of Economic Development Shelton, City Treasurer Reynders and Executive Secretary Williams.

Absent: Alderman Golfin.

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF DECEMBER 16, 2002

Motion was made by Alderman Wynn, second by Alderman Boyd to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of December 16, 2002. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

CONSIDERATION AND APPROVAL OF THE MINUTES OF REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 18, 2002

Corrections:

Page 2, under Resolution No. 866 insert Alderman Leahy’s comments as follows:

Alderman Leahy asked if citizens wish to use the Recreation Center could they come to the Board and request the same considerations.

Mayor Kelly said yes. It has been done in the parks for special uses.

Page 3, under Excise Commissioner’s report, second to motion should read Alderman Boyd instead of Alderman Leahy to approve liquor license request.

Motion was made by Alderman Leahy, second by Alderman Robertson to approve the Minutes of the Regular Board of Aldermen meeting of November 18, 2002 as amended. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SPECIAL BOARD OF ALDERMEN MEETING OF DECEMBER 5, 2002

Mayor Kelly said a Special Board of Aldermen Meeting was held on December 5th. It was in response to some work that City staff had been putting together. Through the efforts of Chris Seemayer and Bob Shelton keeping a close eye on the Promenade Development and taking advantage of the economic times with the bond rates, the City was able to refinance the TIF notes for the Brentwood Promenade. They hope it will knock a year and a half to two years off the total payments and save the City anywhere from $4 to $6 million when the end of the payoff is completed. The City had to hold that meeting to get the bonds issued.

Motion was made by Alderman Robertson, second by Alderman Marshall to approve the Minutes of the Special Board of Aldermen Meeting of December 5, 2002 as delivered. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

Proclamation – National Drunk and Drugged Driving Prevention Month

Motion was made by Alderman Wynn, second by Alderman Leahy to approve the proclamation for National Drunk and Drugged Driving Prevention Month. All in favor, none opposed.

Bids – None

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

Mike Conlon – 8817 Moritz came before the Board and said he has been reading several articles in the newspapers pertaining to the Pioneer Bank. He asked what the status was of the Pioneer Bank development at Pine and Brentwood Boulevard.

Mayor Kelly said the plans that they have proposed to the City have not changed. They are still working with the 353 Committee for the City of Brentwood to try to acquire some additional tax abatement to build a larger building. That has not been approved or finalized and they have not brought any other plans before the City.

Mr. Conlon asked if any permits have been issued for the demolition of the existing buildings.

Mayor Kelly said no.

Mr. Conlon asked how long does that process take.

Mayor Kelly said that is up to the property owners.

Mr. Conlon said he is concerned about the demolition and how it might affect his property.

Mayor Kelly said as soon as they apply for those permits the City would notify Mr. Conlon.

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

1st and 2nd Readings of Bills No. 5150 and 5151

Motion was made by Alderman Robertson, second by Alderwoman Mehler to give Bills No. 5150 and 5151 first and second readings. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

City Attorney Murphy gave Bill No. 5150, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW PARAGRAPH TO SECTION 14-1038, SCHEDULE LL, NO PARKING EXCEPT BY PERMIT; 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 Boyd said the Public Safety Committee met and had conversation about the specificity of who can apply for a permit such as this. He is wondering if they need to add any detail or clarity to indicate that it is adjacent residential tenant/property owners. At this point, the bill states no parking except by permit.

Alderman Robertson said the Public Safety Committee would discuss and clarify that issue.

Motion was made by Alderman Marshall, second by Alderwoman Mehler to approve and adopt Bill No. 5150. Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, no; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5150 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3854.

Bill No. 5151 – Skateboards, go-carts and mini-bikes

City Attorney Murphy gave Bill No. 5151, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY DELETING SECTION 14-17(a), (b), (c) AND (d) 1, AND SECTION 14-19 (a), AND ENACTING IN LIEU THEREOF A NEW SECTION 14-17 (a), (b), (c) AND (d) 1, AND SECTION 14-19 (a), AS IT RELATES TO SKATEBOARDS, GO-CARTS AND MINI-BIKES; 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 Robertson said at the suggestion of Alderman Boyd the Public Safety Committee decided that it was not good to limit the space that their children can use. The ordinance that was in place was limiting them from using the school grounds for skateboard activity in a proper manner, not in a damaging manner.

Alderman Wynn said the schools have had problems on their parking lots with the skateboard issue.

Alderman Robertson said he is not aware of what those problems are.

Alderman Boyd said during the discussions at the Public Safety Committee meetings, Acting Police Chief Knight was present and said he was not aware of any complaints about vandalism or other sorts of destructive behavior associated with techniques they use with skateboards. When they looked at the Code, they discovered that human powered, non-motorized skateboards were listed with mini-bikes and go-carts. Because motorized skateboards exists they put the word "motorized" in there and simply moved "skateboards" to the part of the law that deals with scooters, rollerblades, in-line skates and other human powered types of recreational roller wheel base activities. It was a clarification on that point. If any property owner experiences any problems, including the school district, they should contact the police department so they could deal with it from a vandalism or destructive behavior perspective as opposed to outlawing the fastest growing sport in America.

Alderman Leahy said as he read Section 14-19 Subsection a), a student of the school would be required to have written permission from the school to use a skateboard in the school parking lot after hours.

Alderman Boyd said only motorized skateboards.

Alderman Leahy said it does not say motorized.

Alderman Boyd said if you would classify a school as an office building or business enterprise then that would be true.

Alderman Leahy said "or any parking lot serving any such office building or business enterprise open to the public".

Mayor Kelly said it is public businesses. A public parking lot would be Brentwood Square parking lot. The schools do not fall under that category.

Motion was made by Alderman Boyd, second by Alderman Marshall to approve and adopt Bill No. 5151. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

Alderman Marshall suggested sending notification to the school board if the bill passes.

The Mayor thereupon declared Bill No. 5151 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3855.

Public Hearing – 2003 Budget

Mayor Kelly announced the public hearing for the 2003 Budget would now be heard at 7:15 p.m.

City Administrator Seemayer said before the Board is the proposed budget for fiscal year 2003. The City operates on a calendar year January 1 through December 31. Along with the actual physical numbers that are in the budget, there is some general information about the various funds and what to expect next year. Much of our sources of revenues and expenses remain the same as in past years. Sales taxes, our largest source of City revenue, are projected to be 61% next year and that is about what it has been in the last several years. There are no longer property taxes as any part of the City’s revenue since those were eliminated by the Board. Expenses remain constant for next year. Public Safety remains about 1/3 of the overall expenses. The budget is in balance. It was rather difficult because like any other city or organization, company or family our city is experiencing the same things that everyone else has the last couple of years with the economy. With the hard work of the Ways and Means Committee and staff, the City has a balanced budget. Staff just needs to be very careful in watching the expenditures next year and keep a very close eye on the revenues.

Mayor Kelly asked if there were any comments from the audience.

Rick Bauer – 2850 Lawndell came before the Board and asked if funds have been appropriated in the budget for the update of the Comprehensive Plan.

Mayor Kelly said yes. He believes $50,000 has been allocated to start that. Because of the budget issues and constraints with initial payments that the City has at the beginning of the year with some large debt service and so forth coming due in January, February and March, they will not be able to have those funds available to start. They will start the search for the company probably in early May and then it will proceed into the next year.

Mayor Kelly announced the public hearing for the 2003 Budget closed at 7:18 p.m.

1st and 2nd Readings of Bill No. 5152 – 2003 Budget

Motion was made by Alderman Cross, second by Alderwoman Mehler to give Bill No. 5152 first and second readings. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

City Attorney Murphy gave Bill No. 5152, AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BRENTWOOD FOR THE CALENDAR YEAR 2003; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

Mayor Kelly said this was a challenging year for the City budget. There are a lot of misperceptions that Brentwood is flush with money. Anybody that has been involved with the developments over the last few years knows that they have been putting almost all of the new revenues back into paying the bonds down sooner so that it benefits all of the taxing districts. The only new sales tax revenue that the City has realized from the Dierbergs Promenade and Brentwood Square developments is a total of $900,000. In the overall budget, that is not much of an increase. He commended the hard work of the staff who looked at the budget and tried to tighten it up so that it could be balanced and still perform the services for the City.

Motion was made by Alderman Cross, second by Alderwoman Mehler to approve and adopt Bill No. 5152. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5152 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3856.

1st and 2nd Readings – Bill No. 5154 – Lease Agreement

City Clerk/Administrator Seemayer said before the Board is a replacement page for Bill No. 5154. On page four, line 10 "Net Lease" of the lease agreement deals with ad valorem real estate taxes. That has been removed because it is City owned property and taxes are not paid on that. The new page replaces (x), which deals with property taxes because the City is exempt.

City Attorney Murphy gave Bill No. 5154, AN ORDINANCE AUTHORIZING THE MAYOR ACTING ON BEHALF OF THE CITY OF BRENTWOOD, MISSOURI TO ENTER INTO A LEASE AGREEMENT WITH VILLAS AT BRENTWOOD, L.P., A TEXAS LIMITED PARTNERSHIP, 1919 POST OAK PARK DRIVE, #3101, HOUSTON, TEXAS 77027, its first and second readings.

Zoning Administrator Wolf said the property in question is a paper alley that runs east to west and is contiguous with the north property line of the Villas. It also is contiguous with and abuts the White Building parking lot on its south. This alley allows the Villas the opportunity to afford a little more green space and it relieves the City of the obligation to cut the grass, etc.

Alderman Leahy asked if there is any way of determining how the value of the alley was made.

City Attorney Murphy said that was just an arbitrary figure.

Mayor Kelly said it is a very small piece of property; a paper alley that was never utilized. It is more of a technicality.

Motion was made by Alderman Marshall, second by Alderman Robertson to approve and adopt Bill No. 5154 as amended. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5154 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3857.

Public Hearing – 7:30 p.m. – Conditional Use Permit "The Daily Perc"

Mayor Kelly announced the public hearing for "The Daily Perc" would now be heard at 7:30 p.m.

Zoning Administrator Wolf said The Daily Perc is a coffee to go facility. There will be no indoor seating. It is just a very small brick building with enough room to stack ten or eleven cars. It should not create any traffic hazards. The Planning and Zoning Commission did request a traffic study and were given one by CBB Engineering. That satisfied their concerns and they have reviewed it with a great deal of detail.

Mayor Kelly said page two states the petitioner is to erect and maintain a no left turn for the traffic exiting at the north driveway. Was that recommended by the traffic engineer?

John Geppert – Chair of Planning and Zoning Commission came before the Board said CBB Engineering looked at the elevations of the property. As traffic comes over the hill on southbound Brentwood, they were concerned for the sight distance from the northside. At the south exit, they did not have the same concern. They felt traffic would be able to have the vision north that would allow them a safe left turn there. Based upon the use of this site as a coffee focus establishment, you will have mostly traffic heading to Clayton, making a right in right out type of use of the site. It was their (P&Z) recommendation that you not allow the left turns on the north driveway.

Alderman Boyd asked if an ordinance is needed to allow that "no left turn" sign or is posting it enough.

City Attorney Murphy said yes. If you want to enforce it in court, you would need a separate ordinance.

Alderman Cross asked if the establishment is a soda and coffee type drive through. The one in Warson Woods is advertising soups and sandwiches.

Bart Fisher – owner of The Daily Perc – Kirkwood, Missouri came before the Board and said they sell boxed lunches, which are made before and sent to them. They are not making soups or sandwiches on the premises.

Mayor Kelly announced the public hearing for The Daily Perc closed at 7:35 p.m.

Public Hearing – 7:35 p.m. – Notification Distance

Alderman Leahy said currently the residents of the City of Brentwood are notified when a proposed change comes before the Board of Aldermen. They are limited by state statute of 185 feet. He is asking that notification be given to the residents within 300 feet at the time an application is submitted to the zoning administrator for the informational purpose of just letting the residents know what’s going on in their neighborhoods. The public hearing notice requirement still will exist when something comes to the Board of Aldermen. The residents would be involved in the process at the time that something would come before the Planning and Zoning Commission.

Mike Conlon – 8817 Moritz came before the Board and said in reference to this particular ordinance he and his wife own a property that is contiguous with several business properties along Brentwood Boulevard. The proposal for Pioneer Bank to build a drive-up facility at Pine Avenue and Brentwood Boulevard would involve their north property line. They are definitely affected by things that happen along Brentwood Boulevard; not just them but anybody that has a development. It is extremely important that the people who own property around these new developments know what is going on before the fact and not after the fact.

Rick Bauer – 2850 Lawndell came before the Board and said he would like to encourage the alderman for favorable vote on this issue. It is always good to error on the side of disclosure. The people in southwest Brentwood want to know what’s going on.

Alderman Robertson said in Subsection "A", it mentions only residents but in the following Section "B" on the second page, it mentions all property owners and residents. Is it the intention to notify both property owners and residents at all times?

Alderman Leahy said yes.

Mayor Kelly asked if this bill has gone through any subcommittees.

Alderman Leahy said this bill went to the Planning and Zoning Commission. They came back with their approval and change from the 500 feet distance that they originally proposed to 300 feet. Planning and Zoning’s initial intent was to evaluate a project based on the land usage and ordinance requirements, whereas the political issues do come to the Board of Aldermen. The dilemma that you would create is people coming to the Planning and Zoning Commission with the emotional argument about a proposed project. The Planning and Zoning Commission has agreed that they would be taking on a lion chair of an education of the political process of how something moves through. Getting the residents correct information upfront as they are processing something is more beneficial for the community than to turn around and wait until it gets to the Board of Aldermen with recommendations to proceed.

Mayor Kelly said there is always a perception that more notification is a good thing. He asked if there has been an issue where adequate notification was not given to residents.

Alderman Leahy said the two most controversial issues that came up was when the City of Brentwood worked with the school board on converting the land at Frazier School. The Planning and Zoning Commission invoked their option of holding public hearings in order to keep the residents informed to what was going on. On the initial layout planning of the Russell Crossing issue a number of people complained that the 185-feet distance was not sufficient in getting them notification. It was found that the City and the zoning administrator did exceed the 185-foot distance and went further than what was called for by statute in order to keep as many people informed. When they went to the 500-feet distance on the original proposal, they estimated that additional 40 residents in the circumference of that area could be notified. It was pointed out that if a development took place close to the apartments on Mary Avenue they could be expanding a lot more notification than just that versus the property owners. It was agreed to reduce it to 300 feet.

Mayor Kelly said it is the obligation of the City to make notification to the residents. Even in the process of when it is 185 feet. If you send out a notice to the residents within 185 feet, it is known throughout the entire city. The one concern he has is with Section c). It states that "the Planning and Zoning Commission may hold informational meetings intended to inform residents of details of proposals involving new construction and uses within three-hundred (300) feet of their homes. This is not to be construed as a requirement for public hearings as described in a) and b) above". When you have a discretionary clause in an ordinance, it is not discretion from the public standpoint. They would usually have to send out notification of whenever they did anything. For instance with The Daily Perc and their proposal, the way the bill is written you would have to send out a notice for every one of those meetings that they had.

Alderman Leahy said this clause is the Code at present, which is 185 feet. This changes it to 300 feet. The other purpose of the notification is strictly for informational purposes. The official posting of a public hearing and requirement by statute would be when it becomes an agenda item for the Board of Aldermen.

Mayor Kelly said this is an issue that needs to be looked at with respect to that may or may not. Because the City always has the option to do something, that does not have to be in an ordinance form.

Mr. Conlon said as a property owner who is immediately affected by the Pioneer Bank development, the first official notice that they received from Brentwood was the Board of Aldermen public hearing. At that time, all the details had been worked out in the Planning and Zoning Commission meetings. Had they not known about the Planning and Zoning which they did not receive official notice of, they would have known nothing of it until the City of Brentwood notified them of the Board of Aldermen public hearing. If anybody needs to know what is going on in the Planning and Zoning Commission meetings, they have to come to City Hall and read the agenda when it is posted. That is putting a burden on people to check everything. That should not have to be done.

Mayor Kelly announced the public hearing for the notification distance closed at 7:48 p.m.

Public Hearing – 7:45 p.m. – Rankin Avenue Redevelopment Plan

Mayor Kelly announced the public hearing for the Rankin Avenue Redevelopment Plan would now be heard at 7:49 p.m.

This proposal was brought back to the City by the developer. The developer currently has a ten-year full abatement and five years of half abatement on their project the Villas at Brentwood. They came back and requested that the City extend their half abatement to ten years, so that they could have ten years of full abatement and ten years of half abatement. The reason for the request was that they were not able to take advantage of their first two years of full abatement due to delays in construction that were partially due to a City project on Strassner. The City could not by law start the clock over and just move the first ten years back. It had to start from the day that they acquired the property. When they brought it to the City, it was his recommendation that they talk to the school district. At that time the City had just eliminated its property taxes, so it did not have any affect on the City. He has spoken to Dr. Cleary, Superintendent of Schools and the school board does not have any objection to the extension of the tax abatement.

Rick Bauer – 2850 Lawndell came before the Board and said if they missed two years are you now giving them five years on the back end.

Mayor Kelly said it is five years at half abatement. It was two years at full abatement. This was their request.

Mr. Bauer said so they are still on that benefit.

Mayor Kelly said you get into present value and future value of money and so forth in those calculations. There is no doubt that there is a benefit to the developer. Part of the rationale behind it is that they are developing a good project for the City of Brentwood. They are going to be hopefully increasing property values and so forth. The deal that was struck was something that they were not able to take advantage of and this way they can.

Alderman Robertson asked what is the value of the tax abatement.

Economic Development Director Shelton said the value would depend on how much the tax rate is, so it is different for each taxing district. Those were calculated and mailed to each of those taxing districts. He could distribute an overall sheet that would show each taxing district’s impact and it would show the value. The total real property taxes that would be abated for the entire term would be $5,974,000. The real property that continues to be paid is $6,000,000. They are going to be paying the base of what is being paid and then that new 50%. That is the real benefit to the taxing district. The estimate on personal property taxes that will be paid by the developer is $4,020,000.

Mayor Kelly announced the public hearing for Rankin Avenue Redevelopment Plan closed at 7:53 p.m.

Public Hearing – 7:55 p.m. – Amending Chapter 25 Floodplain Management

Mayor Kelly announced the public hearing on amending Chapter 25 floodplain management would now be heard at 7:55 p.m.

Zoning Administrator Wolf said they try to stay consistent with both SEMA and FEMA regulations with respect to floodplain management. SEMA is the agency that manages those kinds of regulations for FEMA requested that they adopt some new legislation. They make it a practice to try to keep consistent to their regulations so they do not have any problems if they ever have to make claims. Their doing so enables flood insurance in the City and if they did not do so flood insurance would not be available to residents of the City. In a sense, this is not a voluntary thing. It is a very wise business decision.

Mayor Kelly announced the public hearing for Chapter 25 closed at 7:56 p.m.

1st and 2nd Readings of Bills No. 5147, 5148, 5149 and 5153

Motion was made by Alderman Wynn, second by Alderman Robertson to give Bills No. 5147, 5148, 5149 and 5153 first and second readings. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

Bill No. 5147 - The Daily Perc

Alderman Wynn said Bill No. 5147 should be amended in every place it states "The Daily Perc", should read "The Daily Perc of Brentwood, LLC".

Mayor Kelly asked that the "no left turn" be left up to the zoning administrator to make that final decision. His concern is not with respect to the left turn on the north but requiring all the left turns to go from the driveway which would be on the south side. He would like Mr. Wolf to see where that lines up with Russell Avenue. He does not want to create another situation like Litzsinger Road and TGI Fridays where you have two cars that are off site enough but if they are making left turns they are turning right into each other.

Motion was made by Alderman Wynn, second by Alderman Robertson to amend Bill No. 5147 by adding the words "of Brentwood, LLC" to "The Daily Perc" and to amend Section b) to indicate that the final left turn decision be left up to the zoning administrator. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

City Attorney Murphy gave Bill No. 5147, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO "THE DAILY PERC OF BRENTWOOD LLC." WHICH ALLOWS SALES AT RETAIL OF COFFEE TO GO IN A DRIVE-THROUGH OPERATION AT 2944 SOUTH BRENTWOOD BOULEVARD; APPROVING A SITE DEVELOPMENT PLAN FOR 2944 S. BRENTWOOD BLVD; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE; AND, ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

Alderman Leahy said there was no signage layout in the plans provided in the packets. His understanding is that they are defaulting to the current ordinances as to how the owners will conform to the layout of their signage for the menu boards. How will this be accomplished?

John Yaakub – CRM Engineering came before the Board and said the menu boards are on the building itself on the window. The only signage they have on the side is the no left turn signs. All other signs like arrows will conform to City ordinances for pavement directional signs.

Alderman Leahy said the limitation would be 20% limited to window space. Is that going to be enough space for a good sign for customers to read and order from?

Mr. Yaakub said yes. It is a driveup. They are not advertising to the street what’s for sale until they get to the building itself, so 20% would be adequate for any kind of signs they have to produce.

Alderman Boyd commended the work of Mr. Geppert and the Planning and Zoning Commission. This is an extraordinarily difficult site. He also commends the efforts of the owner.

Motion was made by Alderman Boyd, second by Alderman Marshall to approve and adopt Bill No. 5147. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5147 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3858.

Bill No. 5148 – Notification

City Attorney Murphy gave Bill No. 5148, AN ORDINANCE AMENDING CHAPTER 25 OF THE REVISED CODE OF THE CITY OF BRENTWOOD, MISSOURI BY AMENDING SECTION 25-23(4) TO ADD A NEW REQUIREMENT FOR NOTIFICATION OF A PENDING REZONING, DEVELOPMENT OR USE OF PROPERTY; TO INCREASE THE NOTIFICATION DISTANCE FOR A PUBLIC HEARING; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first reading.

Alderman Marshall asked if Bill No. 5148 should go back to committee for discussion. It is a good bill but does not want anyone presuming anything.

Mayor Kelly said normally the process is a bill will come out of a subcommittee where the Board has had time to discuss it. The merits of the bill are very well founded. Obviously, you cannot inform the public too much. The one concern is with the amount of notification that the bill could require on a project that is contentious and would need a lot of notification could become expensive.

Alderman Boyd asked how do you measure the 300 feet. Do you measure it from property line to property line or from doorstep to doorstep? He would suggest it be clarified in the ordinance.

Zoning Administrator Wolf said his normal procedure is property line.

Motion was made by Alderman Marshall, second by Alderman Boyd to place Bill No. 5148 on hold for review by the Ways and Means Committee. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

Alderman Wynn said they do not want to limit in any form the notification to residents.

Alderman Boyd said even though he is the second to the motion, he is very much in favor of the bill, but there are some refinements to be made to it.

Bill No. 5149 – Floodplain Management

City Attorney Murphy gave Bill No. 5149, AN ORDINANCE AMENDING CHAPTER 25 OF THE REVISED CODE OF THE CITY OF BRENTWOOD, MISSOURI BY DELETING THE CURRENT ARTICLE IV, DIVISION 8 AND ADDING A NEW ARTICLE VI, DIVISION 8 PERTAINING TO FLOODPLAIN MANAGEMENT; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings.

Alderman Leahy said in approving this proposed change, at what point do these requirements become the requirements that the applicant would meet versus things that are in process at present.

Zoning Administrator Wolf said there are no significant changes but it becomes effective as soon as the mayor signs it.

Alderman Leahy asked if the applicants that are currently outstanding meet the new requirements or would they be worked through under the requirements that were in place at the time they filed an application.

Zoning Administrator Wolf said it would be anything that is filed. They have nothing that is active today other than what is going on down on Russell Avenue with the villas. This legislation is merely housekeeping kind of stuff. There is nothing of significance when it comes to building in the floodplain. They have changed some of the definitions, language, map references, etc. It is more administrative than anything else.

Motion was made by Alderman Boyd, second by Alderman Leahy to approve and adopt Bill No. 5149. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5149 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3859.

Bill No. 5153 – Rankin Redevelopment Corporation

City Attorney Murphy gave Bill No. 5153, AN ORDINANCE APPROVING AN AMENDMENT TO THE RANKIN REDEVELOPMENT CORPORATION DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT BY AUTHORIZING AN ADDITIONAL FIVE YEARS OF LIMITED TAX ABATEMENT; AND AUTHORIZING SUCH OTHER ACTION AS IS NECESSARY TO CARRY OUT THE DEVELOPMENT PLAN; ALL PURSUANT TO THE URBAN REDEVELOPMENT CORPORATIONS LAW, its first and second readings.

Mayor Kelly said notification was sent to all the taxing districts and notification of the public hearing was advertised.

Motion was made by Alderman Robertson, second by Alderman Marshall to approve and adopt Bill No. 5153. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, no; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5153 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3860.

ACCOUNTS AGAINST THE CITY

Motion was made by Alderman Cross, second by Alderwoman Mehler to approve the revised warrant list dated December 16, 2002. All in favor, none opposed.

Alderman Boyd said the warrant list shows payment to Leon, Younger and Pros for the final needs assessment report for the Parks. Will that report be distributed to the Board of Aldermen in the near future?

City Administrator Seemayer said they wanted to present it publicly to the Board this evening but with the agenda being what it is, they requested they make that presentation at the January 6th meeting.

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

Mayor’s Report

Executive Session

Mayor Kelly announced executive session/personnel matters would be held this evening. They will be interviewing the three final candidates for the police chief position.

Committee Appointment

Mayor Kelly requested that Robert Goltermann be appointed to the Planning and Zoning Commission. He is a resident of Brentwood.

Alderman Boyd asked what is Mr. Goltermann’s professional background.

Mayor Kelly said he is working for Turley Martin Company in office management and retail.

Motion was made by Alderman Boyd, second by Alderman Cross to approve the appointment of Robert Goltermann to the Planning and Zoning Commission. All in favor, none opposed.

Strassner Extension

Mayor Kelly said they have had some concerns about the Strassner extension. One of the things they talked about was reevaluating the Brentwood Forest side of that intersection. They have retained Crawford, Bunte and Brammeier to work on that project for the City with Alderwoman Mehler and Alderman Golfin helping to initiate it. They will be holding the first meeting this Thursday at 10:00 a.m.

Thank You

Mayor Kelly thanked the firemen and public works employees that help put up the Christmas lights again this year at City Hall. He also thanked everyone who attended the Holiday Open House earlier this month.

Mayor Kelly said the City also received a thank you note from the Boy Scouts thanking the firemen for their help with the canned food drive this year again.

Corridor Study

Mayor Kelly said they have been meeting with the Mayors of Richmond Heights, Maplewood and he and Mr. Shelton met with St. Louis County Highway Dept. They initiated this, but St. Louis County will be the driving force behind a corridor study of Hanley Road. He would like to see the study go from Highway 40 all the way to 44. Their initial comments are that they would like to stop at Marshall Road with the first phase of that. That process will be started in January. They want this to be on a quick pace to try to come up with what improvements they need to do, anywhere from lane widening to actually putting an overpass over Manchester Road to get that traffic to move over Manchester.

Historical Society

Mayor Kelly said the historical society is moving into the old dentist building next door.

Alderman Leahy said the book on the history of Brentwood is available and is worth reading.

Public Safety Committee

Registration Drive

Alderman Robertson complemented the acting police chief and a number of employees of the police department who came out Saturday for a bone marrow registration drive. They spent at least six hours there. They contributed their blood and funds to help, which was wonderful. The Parks Department also did a great job in setting it up.

Public Works Committee – No report

City Engineer – No report

Parks – No report

Zoning Administrator – No report

Ways and Means Committee – No report

Planning and Zoning – No report

City Attorney – No report

City Clerk/Administrator – No report

Director of Economic Development

Manchester Road Project

Mayor Kelly said he and Mr. Shelton continue to meet with representatives of the Manchester Road project, which is Maplewood through Kirkwood on Manchester Road. They have been working with Gilmore and Bell to draft new State legislation. The two concerns with the way the legislation is written presently with the transportation development district is they would have to have three votes. The votes would be to establish the district, board and the actual tax. When this was first drafted by the State it was never envisioned that they would be doing a multi-jurisdictional project like this. The new proposal would be one election to establish the district, board and tax and the board will be equal representation of the municipalities that are involved. Hopefully the vote will go before the people late next year or early 2004.

Excise Commissioner – No report

Library – No report

Municipal League

Manchester Road Corridor

Alderman Boyd said Mayor Kelly was one of the presenters of the Manchester Road Corridor as a model collaborative effort on November 21st.

Informative Presentation

Alderman Boyd said he attended an informative presentation on December 11th by Bruce Katz of the Brookings Institution regarding a report on growth and development issues in the State of Missouri. It is a very interesting report.

Waste Management Commission – No report

Stormwater Management – No report

Communication

Historical Society

Alderman Marshall said the historical society has a link on the City’s website.

Facilities Committee – No report

Insurance Committee – No report

UNFINISHED BUSINESS – None

NEW BUSINESS – None

Recess

The meeting was recessed at 8:25 p.m. for executive session/personnel matters.

Executive Session

Motion was made by Alderman Boyd, second by Alderman Marshall to enter into executive session on personnel matters at 8:33 p.m. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

After discussion on personnel matters, motion was made by Alderman Marshall, second by Alderman Wynn to return to open session at 10:22 p.m. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

ADJOURNMENT

Motion was made by Alderwoman Mehler, second by Alderman Robertson to adjourn the meeting at 10:23 p.m. Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

Pat Kelly, Mayor

Attest:

Chris Seemayer, City Clerk