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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                         October 2, 2006

Council Chambers                                                                                                     7:00 p.m.

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL

 

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

 

                        City Attorney Albrecht, City Clerk/Administrator Seemayer and Director of Planning and Development/Asst. City Administrator Denton.

 

ABSENT:        Alderwoman Clements, Executive Secretary Williams and City Treasurer Reynders.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF OCTOBER 2, 2006

 

Motion was made by Alderman Robertson, second by Alderman Leahy to amend the Agenda of the Regular Board of Aldermen Meeting of October 2, 2006 by adding a proclamation for James Joseph Balestreri and an executive session/personnel and real estate matters.  All in favor none opposed.

 

Motion was made by Alderman Leahy, second by Alderman Robertson to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of October 2, 2006 as amended.  All in favor none opposed.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF SEPTEMBER 18, 2006

 

Motion was made by Alderman Kramer, second by Alderman Marshall to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of September 18, 2006 as presented.  Roll call:  Alderman Marshall, yes; Alderman Leahy, abstain; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes. 

 

BIDS – None

 

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

 

Chad Weston – a resident at 2529 High School Drive came before the Board and expressed concern about flooding in his yard.  He stated that the house next door to his house was torn down and rebuilt by Kingbridge Homes and since then he has experienced flooding in his yard and his basement leaks.  The builder has tried to fix the problem as cheap as possible and it did not work.  He does not understand how Kingbridge Homes is continuing to receive permits to build new homes when they have not fixed the problems that they have already caused.  

 

Alderman Marshall asked if there is any way they could go back to Kingbridge Homes and request the original agreement.

 

Mayor Kelly stated that he would look into it and get back to Mr. Weston.  It is something they will have to look at as they approve housing permits.  They will have to address those issues in the initial stages of the process instead of waiting until it is over to realize there is a problem. 

 

Alderman Kramer stated that the City has a grading and erosion ordinance in place, but he is not sure if it was in place prior to the construction of the home.   He asked about the options and estimates outlined in the information distributed by Mr. Weston. 

 

Mr. Weston stated that the three estimates are estimates he obtained to see what it would take to solve the problem.   It is different opinions on how to fix the problem.

 

Alderman Marshall stated that the Architectural Review Board could possibly look into the drainage issues because it directly impacts the amount of water coming off the impervious surfaces.  You cannot redirect water into someone else’s yard. 

 

Alderman Kramer stated that one of the things that a builder is challenged with doing is matching up with the existing sewer lines.  That presents a challenge to them as to how high they can create the basement flooring.  Starting from that premise whether or not they can raise the basement flooring and still keep in touch with the existing ability to drain into the sewer line.  The builders like to sell the nine-foot or higher pours, so to have that deep of a pour in the basement and still have the drainage system line up with the sewer system that is why the cone, as Mr. Weston described it, is coming up out of the ground.  It presents a hardship on the adjacent neighbors and creates a situation of need for the builder to alleviate that problem.  He would think that with the City’s assistance, and with the builder doing some additional work that will cost, the situation could be resolved. 

 

Alderman Cross stated that there is another issue on High School Drive involving Kingbridge Homes and a driveway.  She asked if the builder had to provide a survey. 

 

Mayor Kelly responded no.

 

Alderman Cross suggested that they look into requiring surveys.

 

Mayor Kelly stated that the City has to be careful about getting involved with those types of issues.  How will disputes be settled?  Property issues have to go through civil court.  If a mistake is made and the City approved a survey then the City is at fault, which would be a liability for the City. 

 

Alderman Cross stated that they could encourage a meeting between the builder and the nearby property owners when a home is going to be torn down and rebuilt.  Many of the problems on High School Drive happened because there was no communication between the builder and the neighbor. 

 

Alderman Leahy stated that part of the notification issues of the ARB and arrangements for building permits helps to get that discussion going.  As for the survey issues, how does the City then inspect that the builder is building properly if nobody knows where the real dimensions are.  If the house is placed in a location and the plans calls for different things to be done in relationship to that house, physically he could be measuring from a dimension that throws him outside his boundary lines.  It is rather difficult for the City to do a decent inspection if there is no full spot survey that states the points that they need to work within.

 

Mayor Kelly responded that would be putting the City at a huge risk because it becomes the City’s mistake and not the builder’s.

 

Alderman Leahy requested that City Administrator Seemayer bring the Mayor up-to-speed on the email traffic that took place between him and Mr. Seemayer for the past year on the matter.  Mr. Weston has alluded to some prior agreements that the City, the builder and he had made.  Mr. Weston extended the courtesy of not interfering with the home closing with the understanding that certain things would be done which is documented in the emails that were created at that time. 

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Resolution No. 937 – St. Louis County Municipal League Meeting

 

Mayor Kelly stated that the November 16th MML meeting will be held at Brentwood City Hall in the Council Chambers.  Following the meeting hors d’oeuvres, beer and wine will be served. 

 

Motion was made by Alderman Marshall, second by Alderman Robertson to approve Resolution No. 937, which allows them to serve beer and wine in City Hall on November 16th.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, no; Alderman Cross, yes.

 

Proclamation – James Joseph Balestreri

 

Motion was made by Alderman Leahy, second by Alderman Marshall to approve the proclamation for James Joseph Balestreri from Troop 361 in recognition of him earning the rank of Eagle Scout Award. All in favor none opposed. 

 

Alderman Leahy stated that James did a project with the Brentwood Parks and Recreation Department where he built eight bat boxes that will be installed at Memorial Park and along the new trail. 

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderman Leahy to approve the warrant list dated 10/2/06.  All in favor none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Executive Session

 

Mayor Kelly stated an executive session/personnel and real estate matters would be held following the meeting.

 

Presentation

 

Alderman Marshall presented a check on behalf of the City to the Boy Scouts Troop 339 in the amount of $2,000.00.  The Troop was one of the beneficiaries for this year’s golf tournament. 

 

Ron Blair – 8718 Florence came before the Board and stated that he is the Scout Master for Troop 339 and they will use the funds for summer camp, equipment, etc.

 

NIMS

 

Mayor Kelly stated that in August he attended the meetings for the emergency management certification that is required and he passed the test.  He requested that the alderpersons look into becoming certified as soon as possible.  If there were a storm such as the one that occurred in St. Louis in July of this year, the elected officials would need to be certified for a city to be eligible for federal reimbursement.

 

Public Safety Committee – No further report

 

Public Works Committee – No report

 

Director of Planning and Development – No report

 

Ways and Means Committee – No report

City Attorney – No report

 

City Clerk/Administrator – No report

 

Excise Commissioner – No report

 

Library – No report

 

Municipal League – No report

 

Communication – No further report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS

 

Updates

 

Alderman Marshall stated he has spoken to MSD regarding the Rosalie/Eulalie sewer project.  It will not start in the fall of 2006 as originally planned instead it will start in 2007.

 

Alderman Marshall stated the Rosalie/Eulalie trail is almost ready to be paved and it will probably be finished in a couple of weeks.

 

Mayor Kelly stated there are some concerns about the path and the crosswalk at the turn coming over the bridge by Oak Tree Park.  He does not know if they need to put a stop sign there for the traffic coming into the neighborhood as well as trimming the trees.  That needs to be addressed as soon as possible.

 

Alderman Cross responded that they would discuss it in the Public Works Committee meeting.

 

Alderman Kramer asked if notification would be given to residents for the Comprehensive Plan public session. 

 

Asst. City Administrator Denton responded that notification will be put in the Pulse Newspaper, on the website and on BTV-10. 

 

Mayor Kelly stated the public session would be held at 6:00 p.m. in the Council Chambers on Monday, October 16th.

 

NEW BUSINESS

 

Ward 3 Meeting

 

Alderman Leahy stated that a Ward 3 meeting would be held on Tuesday, October 24th at 7:00 p.m. in the Council Chambers.

 

Recess

 

A recess was called at 7:40 p.m. for an executive session/personnel and real estate matters.

 

Executive Session

 

Motion was made by Alderwoman Krewson, second by Alderman Wynn to enter into executive session on personnel and real estate matters at 7:45 p.m.  All in favor none opposed.

 

After discussion on personnel and real estate matters, motion was made by Alderman Wynn, second by Alderman Robertson to return to open session at 8:07 p.m.  All in favor none opposed.

 

Motion was made by Alderman Leahy, second by Alderman Wynn to adjourn the meeting at 8:08 p.m.  All in favor none opposed.

 

 

                                                                                                                                               

                                                                                    Pat Kelly, Mayor

 

Attest:

 

                                               

Chris Seemayer, City Clerk