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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                   November 20, 2006

Council Chambers                                                                                                    7:00 p.m.

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL

 

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

 

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

 

ABSENT:        Alderman Wynn and City Treasurer Reynders.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 20, 2006

 

Motion was made by Alderwoman Clements, second by Alderman Robertson to approve the Agenda of the Regular Board of Aldermen Meeting of November 20, 2006.  All in favor none opposed.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 6, 2006

 

Motion was made by Alderwoman Clements, second by Alderwoman Krewson to approve the Minutes of the Regular Board of Aldermen Meeting of November 6, 2006 as presented.  All in favor none opposed.

 

BIDS – None

 

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

 

Bob Niemeyer – 2201 St. Clair/Fire Chief for Brentwood came before the Board to ask for their support of the Red Light Enforcement System.  He stated that for the past five years he has requested a paramedic/firefighter and has been turned down for revenue reasons.  They will have an opportunity to create revenue with the Red Light Enforcement System.  It would give him the opportunity to equalize his three crews.   His department has four paramedics on two crews and three paramedics on the other crew.  He really needs the additional paramedic/firefighter.  He would like the Board to consider and support the bill on behalf of the fire department and the citizens that live and work in Brentwood. 

 

Jan Brennan – Dispatcher for the Brentwood Police Department came before the Board to voice concern about a possible termination of the six Brentwood dispatchers and the signing of a contract with East Central for police and fire dispatching services.  As dispatchers they do not want to see the citizens of Brentwood with a dispatched service that services six additional agencies.  Their dispatchers know the city, businesses, borders and the streets.  They feel that the citizens of the City of Brentwood are their first priority - providing multiple personal services to the residents of Brentwood.  They are a highly skilled professional people who are dedicated to the City of Brentwood and they hope the Board will reconsider looking into East Central.

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

1st and 2nd Readings of Bills

 

Motion was made by Alderman Cross, second by Alderman Leahy to give Bills No. 5354, 5355, 5356, 5357 and 5358 first and second readings.  All in favor none opposed.

 

Bill No. 5355 – American Traffic Solutions

 

City Attorney Albrecht gave Bill No. 5355, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF BRENTWOOD, MISSOURI, WITH AMERICAN TRAFFIC SOLUTIONS, INC., 14861 NORTH SCOTTSDALE ROAD, SUITE 109, SCOTTSDALE, ARIZONA 85254 FOR THE OPERATION OF A PHOTO RED LIGHT ENFORCEMENT PROGRAM, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5355 which authorizes the Mayor to enter into a five year agreement with American Traffic Solutions to provide cameras and related services at intersections to be determined for the purpose of enforcing and ticketing individuals who travel through the intersections while the signal is red. This matter was reviewed and approved by the Public Safety Committee.

 

Mayor Kelly requested that the agreement attached to Bill No. 5355 be amended as follows: 

1. Add an item “e” to “Terms and Termination” to read, “This contract is null and void if St. Louis County terminates their agreement with the City”.

2. Amend #6 “Fees and Payments” to read, “Customer shall pay for cost based on the fee schedule indicated in Option B, Schedule 1 (“Fees”).

3. Add to Section 1.2.1 at the end of the paragraph “Fees and permits outside of the City’s jurisdiction”.

4. Amend Section 2.2.3 by adding the words “when feasible” to the first line.  

 

Dan Reeb – Senior Business Development Manager for ATS came before the Board and introduced himself. 

 

Alderman Leahy stated that part of the “camera system” definition stated that they are looking at intersections of up to four lanes.  He is under the impression that they are also discussing one of the intersections that may be five lanes in a direction.  He asked if that would cause a problem for the system.

 

Mr. Reeb responded that it would not cause a problem.  They limited it to four lanes because they know that the wide-angle lens can cover up to four lanes of most intersections.  In intersections where there are more than four lanes they could add an additional camera. 

 

Alderman Leahy stated that in the agreement ATS establishes how it may elect not to install a camera system where traffic violation data does not support installation of the Axsis System.  There is nothing in the agreement that gives a formula as to constituting what meets ATS criteria for establishing installing or not installing.  He asked if it would be possible to have that entered into as part of the agreement.  As they get into the program and possibly go further with it, it may help to facilitate conversations.

 

Mr. Reeb responded that usually they work with the police department and get accident data, which is provided to them early on.   That is how they determine which intersections to look at and give feedback on.  It is just a matter of sitting down with city officials and deciding where the most dangerous intersections are.  They will do the test to show a makeup of the dangerous intersections, which is based on the amount of violations occurring at those intersections.

 

Alderman Leahy asked if normal hours are considered at the Arizona office or the St. Louis office.

 

Mr. Reeb stated that their customer service staff is on Arizona time. 

 

Alderman Leahy pointed out that #17 should read, “No amendments, modifications, or alterations of the terms hereof shall be binding unless the same shall be in writing, dated subsequent to the date of this Agreement and duly executed by the parties”.

 

Alderman Leahy stated that Section 1.2.5 states, “ATS will operate each Camera System on a 24-hour basis, barring downtime for maintenance and normal servicing activities”.  He asked if that included calibration and would it be done on a monthly basis.

 

Mr. Reeb stated that the remote diagnostics run every 24 hours, so if there were any type of problem with the equipment they would get the information back to their office in Scottsdale immediately.  If there were some type of failure in calibration the system would shut down. There is no reason to do that type of maintenance on a monthly basis at the field equipment level unless the equipment is telling them there is a problem. 

 

Alderman Leahy stated that Section 1.2.12 establishes that the repairs could be done within 72 business hours, which is nine business days and that seems excessive. 

 

City Administrator Seemayer stated that the question is if 72 business hours are three days.

 

Mr. Reeb stated that it should be three days. 

 

Alderman Leahy requested that it be changed to “72 hours”.

 

Alderman Leahy stated that Section 1.3.1 states, “ATS shall provide the Customer with an optional one-time warning period up to 30 days in length at the outset of the program”.  He asked if this 30-day period would also be available if the City of Brentwood looked to increase the number of intersections in the future.   

 

Mr. Reeb stated the 30 day warning period allows the City to get the message out that it is implementing the program but it also allows them to do the police and court training.  They look at it as a one time warning period.

 

Alderman Leahy stated that Section 2.4.6. states, “ . . . Municipal courts shall pursue delinquent collections of unpaid notices with an existing contractor or ATS”.  He stated that if they look to approve this as the legislation is currently written it would be a non-moving violation.  They normally do not issue bench warrants on a failure to appear or respond to a traffic citation.  Is ATS anticipating the City of Brentwood issuing bench warrants or the fact that it is an outstanding ticket eventually being paid enough to generate revenue in the future? 

 

Mr. Reeb stated that they do not recommend issuing bench warrants.  The consequence of running red lights in the City of Brentwood would be a fine.  If you do not pay your fines to the City that is something they would expect the City to pursue and try to collect on.   

 

Alderman Leahy stated at this point the City of Brentwood does not anticipate going to a lockbox service as much as they have a designated treasury for the fines to go in and ATS agrees that service is not being looked at. 

 

Mr. Reeb responded that was correct.

 

Alderman Marshall asked for clarification on the “pipeline” referred to in #4(d) of the agreement. 

 

City Administrator Seemayer stated that if for some reason they were to terminate the contract all of the citations that were outstanding or being processed would still be processed. 

 

Alderman Marshall stated that if the County cancels the contract with the City it ends.  If there is any damage to the County’s property whose responsibility is it to fix.

 

City Administrator Seemayer stated that the contract is between the City and the County but the City would make it the responsibility of the vendor, which is ATS. 

 

Alderman Marshall asked if it is spelled out in the contract.

 

City Administrator Seemayer stated that ATS has to provide insurance to the City and it may be covered under the insurance.

 

Alderman Marshall asked if there is anything in the contract that specifies that they would not be taking people’s personal information and selling it to third parties. 

 

Mayor Kelly stated that it is in the contract.

 

Alderman Marshall asked who is responsible if an uninsured motorist damages the equipment that is mounted to the pole.

 

Mr. Reeb stated that they own it so it would be their responsibility.

 

Alderman Marshall asked about the language in Section 2.2.4 and if St. Louis County will require ATS to provide installation drawings stamped by a licensed civil engineer.

 

Mayor Kelly stated that in order for ATS to install the equipment on St. Louis County poles and lights it will have to meet their standards and that is where they will be getting their permits.  The City may not require those engineering drawings, but St. Louis County may require it.

 

Alderman Marshall asked about the processing of potential violations and if the City has enough manpower to do that.

 

City Administrator Seemayer stated that they would be adding two mobile reserve officers and that would be one of their duties.  They have also budgeted for 2007 additional part time help for the court department because their ongoing needs are pushing their limits. 

 

Alderman Cross asked how long would it take a police officer to process the violations if the City has five intersections with red light cameras.

 

Mr. Reeb stated that an officer could clear a violation in about 20 seconds.  Once they are trained they could look at the video clip, still photos, registered owner information and either accept or reject it as a violation.  It would depend on the volume of violations.

 

Mr. Reeb suggested that until the City gets a feel for how many violations it would have at an intersection they should hold off on making a decision about needed manpower.

 

Alderman Cross asked if it has to be a police officer reviewing the videos.

 

Mr. Reeb responded yes, but there are systems in some states where it can be an administrative type duty.  The system in Missouri is set up for the police to make the final determination.  

 

Motion was made by Alderwoman Krewson, second by Alderman Kramer to amend Bill No. 5355.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

Motion was made by Alderwoman Krewson, second by Alderman Marshall to approve and adopt Bill No. 5355 as amended.  Roll call:  Alderwoman Clements, no; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, no; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5355 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4045.

 

Alderman Kramer stated that recently there has been a glowing light placed on the amount of revenue that can be created by this type of legislation.  However, the City places a high importance on safety, which is looked at very carefully.  The revenue that is generated will be used for good public safety reasons and they hope to make the city safer.

 

Public Hearing

 

Conditional Use Permit - Dean Team

 

Mayor Kelly announced the Public Hearing for the Conditional Use Permit for Dean Team Brentwood would now be continued at 7:30 p.m.

 

Mayor Kelly asked if there were any comments about the said Conditional Use Permit.

 

Pat Dean – Dean Team Brentwood came before the Board and introduced himself.

 

Alderman Leahy asked about the height of the overhead electrical line that runs to the back of the property as it relates to the delivery of inventory.

 

Mr. Dean stated that most of the cars would be coming in from the Kirkwood store as trade-ins, off lease cars and new car leases.  

 

Alderman Leahy stated that if a mobile trailer was being used to deliver vehicles the height of the line may become interference and it would be his request to add to the ordinance that the traffic on Manchester Road not be blocked for loading and unloading of inventory.

 

Mr. Dean stated that they have a rowing gate off Mercantile, so if a mobile trailer were delivering vehicles they would pull down Mercantile and then on to the lot.  There are no wires on that side of the property.

 

Alderman Leahy stated that the lot was broken up into 102 spaces in the initial petition.  The residents in the area are concerned that the inventory may stack up and thus the employee parking may end up being sacrificed until inventory adjusts out.  It is the residents request that parking not be allowed to go across the street and come up on the residential streets in order to accommodate space. 

 

Mr. Dean responded that the employee parking is about five or six spaces because they will not have a service body shop or accounting office, so it will not be a problem.

 

With no further questions, Mayor Kelly announced the Public Hearing closed at 7:36 p.m.

 

Bill No. 5354 – Dean Team Brentwood

 

City Attorney Albrecht gave Bill No. 5354, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO DEAN TEAM BRENTWOOD, WHICH PERMITS UNDER CERTAIN CONDITIONS THE USE OF CERTAIN DESCRIBED PROPERTY FOR OPERATION OF A NEW AND USED VEHICLE SALES AND LEASING BUSINESS; 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. 5354 as a Bill that approves a Conditional Use Permit for the Dean Team to sell new and used vehicles at 8152-8154 Manchester. (former site of Costello Leasing) Some of the conditions include: no mechanical or body repair shop to be permitted, no outdoor sound/speaker system allowed and hours of operation shall be Monday, Wednesday & Friday 9:00 a.m. to 9:00 p.m. and Tuesday, Thursday & Saturday from 9:00 a.m. to 6:00 p.m. They will be closed on Sunday’s. The Planning & Zoning Commission reviewed and approved the site plan.

 

Alderwoman Clements stated that she would like Bill No. 5354 amended to include a clause that the conditional use permit would not be transferable with ownership.  Once the Dean Team is finished with the property the conditional use permit would not be transferable to another automobile dealership.

 

Alderman Leahy stated that he has requested that staff investigate conditional use permits and has offered to sponsor legislation through planning and zoning to establish that all conditional use permits would be enforced only at a time of ownership and would terminate upon ownership change.

 

Mayor Kelly stated that he does not think you can make that retroactive to conditional use permits you have already issued.  That would only apply to conditional use permits issued in the future after the ordinance is in place. 

 

Alderman Kramer asked if the signage was included as part of the site plan review.

 

Director of Planning and Development Denton stated that the monument sign was reviewed as part of the site plan review process. 

 

Alderman Marshall stated that when the issue of the Coffee Kiosk and ATM came up a couple of months ago he asked that they not make the conditional use permit transferable and he was told that they couldn’t restrict it and that it transfers with the property.  Now they are looking at possibly restricting the conditional use permit where it is not transferable.

 

City Attorney Albrecht stated that you could condition the conditional use permit at the time it is issued and it would expire on the transfer of ownership.

 

Mayor Kelly stated that the Coffee Kiosk and ATM was a conditional use permit to operate the business in the kiosk, whereas this is a conditional use to operate a business.  It was for a specific type of building use as opposed to a business use. 

 

City Administrator Seemayer stated that the way the Brentwood City Code reads is that conditional use permits are assignable to the property.  If it is an automobile dealership and someone else buys it, as long as they are willing to abide by those conditions they could do so. 

 

City Attorney Albrecht stated you have to separate transfer of ownership of the property and transfer of ownership of the business.  A sale of the real estate is different than a sale of the business.  A permissible conditional use will transfer upon a sale of the real estate.  He believes you can condition the operator to how long their permit is good for and it is good for as long as they own and operate the business.

 

Mayor Kelly stated that he has gotten complaints about signs being placed in car windows, balloons, streamers and open hoods.  Are there any restrictions in the Brentwood City Code for that type of advertising?

 

Director of Planning and Development Denton responded that Section 19-7 of the Code lists prohibited signs.  Prohibited signs are streamers, balloons, strings of lights and those types of things.  The City also has temporary signage but they would have to have a permit for those.

 

Mayor Kelly asked if there are any other guarantees as far as the landscaping to make sure that it is maintained once it is installed.

 

Director of Planning and Development Denton stated that is a code enforcement issue. 

 

City Administrator Seemayer pointed out that will be one of the duties of the new inspector which is to go through all of the new and existing conditional use permit properties to make sure that they are still in compliance with what was originally approved.

 

Motion was made by Alderwoman Clements, second by Alderman Leahy to amend Bill No. 5354 by adding an item (q) to read as follows: “This conditional use permit shall expire and be void upon any discernable sale of the business or assets”.   Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

Motion was made by Alderman Leahy, second by Alderman Robertson to approve and adopt Bill No. 5354 as amended.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5354 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4046.

 

Bill No. 5356 – Agreement with St. Louis County

 

City Attorney Albrecht gave Bill No. 5356, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF BRENTWOOD, MISSOURI, WITH ST. LOUIS COUNTY, MISSOURI, 41 SOUTH CENTRAL AVENUE, CLAYTON, MISSOURI 63105, FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF A RED LIGHT RUNNING AUTOMATED ENFORCEMENT SYSTEM, its first and second readings.

 

Alderman Kramer read a synopsis of Bill No. 5356 which authorizes the Mayor to enter into a contract with St. Louis County allowing the City to install cameras and related equipment on County roads and County owned signals and signal poles.

 

Alderman Marshall asked if the City would pass the cost of what the County is requiring on to ATS.

 

City Administrator Seemayer responded yes.  The County will not enter into a contract with a private vendor.  They will only enter into agreements with the City.  The City then made ATS responsible for all payments, fees and permits required by St. Louis County.

   

Motion was made by Alderman Leahy, second by Alderman Marshall to approve and adopt Bill No. 5356.  Roll call:  Alderwoman Clements, no; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, no; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5356 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4047.

 

 Bill No. 5357 – Amending Chapter 14

 

City Attorney Albrecht gave Bill No. 5357, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW ARTICLE XI TO SAID CHAPTER WHICH SHALL INCLUDE NEW SECTIONS 14-412 THROUGH 14-417; AS IT RELATES TO VIOLATION OF PUBLIC SAFETY AND THE AUTOMATIC ENFORCEMENT OF TRAFFIC CONTROL SIGNAL REGULATIONS; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings.

 

Alderman Leahy stated that Section 14-412 (3) allows that a leasing company or a rental company is not a chargeable owner under the Code.

 

City Administrator Seemayer stated that it would not be the company’s responsibility.  It would be the person that is leasing the vehicle. 

 

Alderman Leahy asked how do you get the ticket to the person operating the leased vehicle at that time.  The City has nothing in the Code that requires the leasing company or rental company to turn over that information to them.  He would like the ordinance to read that the leasing owner of the vehicle, the company that owns the vehicle, actually be responsible for the ticketing and let them pass the fine on to their contractual party.

 

Paul Ferber - Support Services Lt./Brentwood Police Department stated that the leasing company is very agreeable to help.  In the cases where they are not they will at least pass the information on to the person.  A subpoena can also be obtained at anytime to get the information. 

 

Motion was made by Alderman Leahy to strike out the exception and allow the City to issue the ticket to the rental or leasing company and let them be responsible for collecting the violation from the lessee. 

 

There was no second to Alderman Leahy’s motion.

 

Alderman Kramer read a synopsis of Bill No. 5357 as a Bill that amends Chapter 14 of the Brentwood Municipal Code by adding a new section that enables the City to enforce violations of driving through red lights through the use of automated cameras. It also establishes the penalties for these violations at $80.00 plus court costs.

 

Motion was made by Alderman Cross, second by Alderman Marshall to approve and adopt Bill No. 5357.  Roll call:  Alderwoman Clements, no; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, no; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5357 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 4048.

 

 Bill No. 5358 – ARB Compensation

 

Alderman Cross abstained from all discussion and vote on Bill No. 5358.

 

City Attorney Albrecht gave Bill No. 5358, AN ORDINANCE AMENDING CHAPTER 25 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI, BY DELETING SECTION 25-59 (b) IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW SECTION 25-59 (b); AS IT RELATES TO THE ARCHITECTURAL REVIEW BOARD; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings.

 

Alderman Marshall stated that the Ways and Means Committee reviewed the legislation and it received a favorable recommendation.

 

Alderman Kramer read a synopsis of Bill No. 5358 as a Bill that amends Chapter 25 of the Brentwood Municipal Code by adding a section that allows the City to compensate the members of the Architectural Review Board $50.00 per meeting. This Bill was reviewed and approved by the Ways & Means Committee.

 

Mayor Kelly stated that the Planning and Zoning Commission and the Board of Adjustment are already being compensated for their services. 

 

Alderman Leahy requested that the language in the bill that reads, “present at the meeting” be clarified to “serving at the meeting”.

 

Motion was made by Alderman Leahy, second by Alderwoman Clements to amend Bill No. 5358.  Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, abstained.

 

Motion was made by Alderman Kramer, second by Alderman Marshall to approve and adopt Bill No. 5358 as amended. Roll call:  Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, abstained.

 

The Mayor thereupon declared Bill No. 5358 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 4049.

 

Resolution No. 941 – Annual Holiday Open House

 

Mayor Kelly stated that Resolution No. 941 allows the City to serve beer and wine at the Annual Holiday Open House on December 11th at the Brentwood Recreation Center.

 

Motion was made by Alderwoman Clements, second by Alderman Marshall to accept Resolution No. 941 by acclamation.  There were no objections.

 

ACCOUNT AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderwoman Clements to accept the revised warrant list dated 11/20/06. 

 

Alderman Leahy asked about the storm water charge of $48,000.00 on the warrant list that the City agreed to help fund the rebuilding of the bridge at the creek.  He requested that City Attorney Albrecht research State Statute to see if there is a requirement to take competitive bids on this storm water project and on the Fred Epstein project to make sure the City is financially holding to its obligations on competitive bidding.

 

City Administrator Seemayer stated that City Attorney Albrecht would be looking into it.  The City was not bidding the projects out but is committing a sum of money towards it.  He asked that the Board provisionally approve it so that the bill could be paid in a timely manner, unless the City Attorney’s research shows something to the contrary.

 

Alderman Leahy stated that he has no objections to City Administrator Seemayer’s suggestion of paying the bill.  He is looking for legal guidance as to expending the public funds.

 

Alderman Marshall withdrew his motion to accept the revised warrant list and Alderwoman Clements her second. 

 

Motion was made by Alderman Leahy, second by Alderman Marshall to accept the revised warrant list dated 11/20/06 and pay Fred Weber’s bill of $48,000.00 on a conditional status pending further research and direction from City Attorney Albrecht on the City’s requirements for use of public funds on those projects.   All in favor none opposed.

 

REPORT OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Mayor Kelly reminded everyone of the Annual Holiday Open House on Monday, December 11th at the Brentwood Recreation Center from 5:30 to 7:30 p.m.

 

Public Safety Committee – No 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 

 

Liquor License Request/ Houlihans Restaurant

 

Excise Commissioner Clements stated that Houlihans Restaurant is moving to Brentwood and they have requested a liquor license to sell alcohol by the drink and on Sundays.  Everything is in order and he recommended approval.

 

Motion was made by Alderman Cross, second by Alderman Marshall to grant the liquor license to Houlihans Restaurant.  All in favor none opposed.

 

Library – No report

 

Municipal League – No report

 

Communication – No report

 

Insurance Committee – No report

 

Historical Society – No report

 

UNFINISHED BUSINESS

 

Dispatching Services

 

Alderwoman Clements addressed the dispatching issue by saying she recently distributed a memo to the dispatchers.  She stated that the process of looking into East Central has already started.  It does not mean that they will go with them.  They are looking at many options.

 

Mayor Kelly stated that the situation came about when they were officially notified by the City of Rock Hill that they were pursuing other options for their dispatching.  The City entered into an agreement with Rock Hill a little over two and a half years ago for a five-year contract to do their dispatching services.  Rock Hill is estimating that they will save about $100,000 by looking at other options for the dispatching services.  When the City went into agreement with Rock Hill, the City hired three new dispatchers with the understanding that if that service were to end they would go back to the dispatchers that they had prior to that.  Since they have been put on notice by the City of Rock Hill, it is the obligation of the aldermen to look at the options out there.  The main concern is the quality of service that is provided for the residents. 

 

Scouting for Food Program

 

Alderman Leahy thanked the Brentwood Fire Department for working with the St. Louis Area Council Boy Scouts for the Scouting for Food Program.  The City allowed the Boy Scouts of the Brentwood area to use the firehouse as a collection station.  They have collected regionally approximately 1.96 million can goods that will go to the area food pantries to help feed those in need throughout the year.  He also thanked the residents who participated in donating the can goods.  It was very much appreciated.

 

NEW BUSINESS

 

Ward 3 Meeting

 

Alderman Leahy announced a Ward 3 meeting would be held on Tuesday, November 28th at 7:00 p.m. in the Council Chambers.

 

Highway 40/64 Project

 

Alderman Kramer stated that it appears they have been able to dodge a bullet with regards to the Highway 40/64-project timeline being shortened.

 

Mayor Kelly stated that most elected officials did not want to see a total closure of the highway.  They will start working on I-170 next spring.  There will not be any significant lane closures on I-170 or Highway 40 during the first six to eights months of the process.  In January of 2008 they will close both directions of Highway 40 from Ballas to Brentwood Boulevard.  In one year they will reconstruct that entire section of the highway.  In January of 2009 they will open that section of the highway and will close Highway 40 from Brentwood Boulevard to Kingshighway.  They will completely rebuild that section of the highway in that final year and reopen it in January of 2010.  The contractor has significant penalties if they do not meet the deadlines.  They also have huge incentives to finish early.  The contractor is going to do everything that is in the environmental impact study or the plan, which means they are including the Big Bend and Bellevue overpasses in the reconstruction.  Brentwood Boulevard will be opened at all times during construction.  Hanley Road will be shut down at some point. 

 

Alderwoman Clements asked about the lawsuit that Richmond Heights has against MoDOT and if it will delay things.

 

Mayor Kelly stated that the lawsuit is still out there.  The construction of the Big Bend and Bellevue overpasses is being supported by St. Louis County Traffic and the State.  

 

Recess

 

A recess was called at 8:55 p.m. for an Executive Session/Personnel Matter.

 

Executive Session

 

Motion was made by Alderwoman Clements, second by Alderman Marshall to reconvene the meeting at 9:00 p.m.  All in favor none opposed.

 

Motion was made by Alderwoman Clements, second by Alderman Leahy to enter into Executive Session on a Personnel Matter at 9:01 p.m.  All in favor none opposed.

 

After discussion, motion was made by Alderman Marshall, second by Alderman Leahy to return to open session at 10:00 p.m. All in favor none opposed.

 

ADJOURNMENT

 

Motion was made by Alderwoman Clements, second by Alderman Cross to adjourn the meeting at 10:01 p.m.   All in favor none opposed.

 

                                                                                                                                                           

                                                                                                            Pat Kelly, Mayor

 

Attest:

 

                                               

Chris Seemayer, City Clerk