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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

City Hall

January 6, 2003

Council Chambers

7:00 p.m.

The Mayor led with the Pledge of Allegiance.

ROLL CALL

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

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

Absent: Alderman Boyd, Alderman Golfin and Executive Secretary Williams.

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF JANUARY 6, 2003

Motion was made by Alderman Marshall, second by Alderwoman Mehler to amend the Agenda of the Regular Board of Aldermen Meeting of January 6, 2003 by adding an emergency executive session, personnel matter and adding Bill No. 5157.

Mayor Kelly said Bill No. 5157 was brought to the Board’s attention today. The City has a debt service reserve that was on the Brentwood Promenade Project. When they issued the new bonds the debt service was not included in that, so an ordinance is needed to reinvest those debt reserve funds.

Roll call: 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 REGULAR BOARD OF ALDERMEN MEETING OF DECEMBER 16, 2002

Motion was made by Alderman Leahy, second by Alderman Wynn to accept the Minutes of the Regular Board of Aldermen Meeting of December 16, 2002 as delivered. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

PROCLAMATION – KEVIN MADRAS, JR.

A proclamation was presented to Kevin Madras, Jr. for successfully completing the rank of Eagle Scout. The proclamation is attached to the official minutes.

Kevin Madras, Jr. came before the Board and introduced his family. Kevin said for his media project he requested funding from the Noon Optimist Club and he received it. They started piecing together interviewers from middle aged to elderly citizens of Brentwood and came up with some questions that could be expanded on a personal level. They took those questions and trained interviewers, filmers, editors, etc. and filmed it at the Brentwood Library on a Sunday. They had more interviewers than they ever planned. The 32-minute film is at the library and the high school.

The Mayor congratulated Kevin Madras, Jr. on his Eagle Scout Rank.

Alderman Wynn said he didn’t realize until their son went to West Point the high percentage of Eagle Scouts that attend West Point and go on to do well in the service.

Alderman Leahy said the City of Brentwood has two very good troops. Troop 339 of the Brentwood Public Schools sponsored by the Kiwanis Club and Troop 361 of St. Mary Magdalen that have produced a good number of Eagle Scouts. It is nice that they sponsor the youth.

DRAWING OF NAMES FOR THE BALLOT

Mayor Kelly said when filing for election first opens at 8:00 a.m. and more than one person appears at the City Clerk’s office to file for the same office, their names have to be drawn at the next Board of Aldermen meeting to see whose name will appear first on the ballot. Ron Hill and Frank Albrecht running for Municipal Judge were at the City Clerk’s office at 8:00 a.m. when filing first opened.

Mayor Kelly announced the drawing of the names were done and Frank Albrecht’s name will appear first on the ballot.

Bids – None

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

Public Hearing – 7:15 p.m. – Conditional Use Permit – R & R Restaurants, L.L.C.

Mayor Kelly announced the public hearing for the Conditional Use Permit for R & R Restaurants, L.L.C. would now be heard at 7:15 p.m. The building is just south of Deer Creek on Brentwood Boulevard before Webster Groves, at Marshall Road.

Gene Dodel – Gene Del Printing – 9019 Manchester Road came before the Board and spoke on behalf of the owner of R & R Restaurants, L.L.C., Richard Schmidt. He said Mr. Schmidt is a member of the Evening Optimist Club and served as past President. He will do a good job there.

Richard Schmidt – 3139 Brentwood Boulevard came before the Board and said the name of the restaurant is Cafe Linguini. It is a family oriented restaurant with an alternative to fast food. A much higher quality meal at an affordable price. They are looking to do pastas, sandwiches, salads and deserts. They project to do 75% carry out. The hours of operation will be from 11:00 a.m. to 9:00 p.m. seven days a week.

Mayor Kelly announced the public hearing closed at 7:20 p.m.

Kevin Madras, Sr. – 8813 Powell Avenue came before the Board and announced that he will be running for Alderman Ward 3 in the April election. He looks forward to going to work for the City of Brentwood. He has lived in Brentwood all his life. He has served as Noon Optimist Club President. He has also been involved with St. Mary Magdalen, Knights of Columbus, etc.

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

Motion was made by Alderwoman Mehler, second by Alderman Leahy to remove Bill No. 5148 from hold and give its second reading. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

Bill No. 5148 – Increase Notification Distance

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 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 second reading.

Mayor Kelly said Bill No. 5148 was reviewed by the Public Works and Ways and Means Committees.

Alderman Leahy said the bill was amended to reflect the resident and owner if they are different to be notified.

Motion was made by Alderman Leahy, second by Alderman Marshall to approve and adopt Bill No. 5148 as amended. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5148 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3861.

First and Second Readings of Bills

Motion was made by Alderwoman Mehler, second by Alderman Marshall to give Bills No. 5155, 5156 and 5157 first and second readings. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

Bill No. 5155 – R & R Restaurants, L.L.C.

City Attorney Murphy gave Bill No. 5155, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO R & R RESTAURANTS, L.L.C. WHICH PERMITS UNDER CERTAIN CONDITIONS THE USE OF CERTAIN DESCRIBED PROPERTY FOR OPERATION OF A SIT DOWN/CARRY OUT RESTAURANT; PROVIDING THE CONDITIONS OF SUCH USAGE; AND, PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

Alderman Cross asked if alcohol would be served at the restaurant.

Mr. Schimdt said they would be applying for a beer and wine license.

Mayor Kelly said the liquor license would be a separate application made to the City and that would come before the Board for approval.

Alderman Leahy asked for clarification on page 2, Section 1, c, where it states "the signage is restricted to the amount and location allotted to the previous occupant". Is that tighter than the 20% of the face of the building?

Zoning Administrator Wolf said signage would be installed in accordance with the provisions of Chapter 19, Signs and Advertising Devices. That restriction provides a maximum all signage of ¼ square foot per lineal foot of building frontage facing the street. In this case, the limitation on sign size would be less than the minimum size required by code, which is a sign 20 square feet in area. Therefore, 20 square feet is the minimum code mandated sign size.

Motion was made by Alderman Leahy, second by Alderman Robertson to approve and adopt Bill No. 5155. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5155 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3862.

Bill No. 5156 – Parking for the Physically Disabled

City Attorney Murphy gave Bill No. 5156, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW PARAGRAPH TO SECTION 14-1004, SCHEDULE D, PARKING FOR THE PHYSICALLY DISABLED; 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.

Motion was made by Alderman Cross, second by Alderman Marshall to approve and adopt Bill No. 5156. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5156 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3863.

Bill No. 5157 – Revenue Bonds Series 2002

City Attorney Murphy gave Bill No. 5157, AN ORDINANCE AUTHORIZING THE MAYOR ACTING ON BEHALF OF THE CITY OF BRENTWOOD, MISSOURI TO EXECUTE (1) AN ACKNOWLEDGEMENT, AGREEMENT AND DIRECTION OF A REPURCHASE AGREEMENT AND (2) AN ACKNOWLEDGEMENT AND ACCEPTANCE OF A CUSTODY AGREEMENT, BOTH AMONG UMB BANK, N.A., AS TRUSTEE, WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, AS CUSTODIAN, AND WESTLB AG AND BOTH WITH RESPECT TO THE CITY OF BRENTWOOD, MISSOURI’S TAX INCREMENT REFUNDING REVENUE BONDS, SERIES 2002 (BRENTWOOD PROMENADE PROJECT), its first and second readings.

Motion was made by Alderman Robertson, second by Alderwoman Mehler to approve and adopt Bill No. 5157. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5157 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3864.

ACCOUNTS AGAINST THE CITY

Motion was made by Alderman Cross, second by Alderman Leahy to approve the warrant list dated January 6, 2003. All in favor, none opposed.

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

Mayor’s Report

Costco and MLP Projects

Mayor Kelly said December they received the funding agreements for the Costco and MLP projects. They are both starting the process to move forward. Staff is setting up the first TIF meeting to start the evaluation of the TIF projects. Today they met with City consultants to help make that evaluation for the City. The first TIF meeting will be held on January 22nd. The notice will be posted.

Public Safety Committee

Appointment of Police Chief

Mayor Kelly said since the last meeting, an executive session was held and Rick Knight was appointed Police Chief. They wish him well.

Public Works Committee

Snow Removal

Alderman Wynn said the public works employees are doing a great job with the streets when it snows. He gets many comments from people of the good conditions of the streets.

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

Environmental Impact Study

Director of Economic Development Shelton said the Missouri Department of Transportation I-64 Environmental Impact Study, after two long years and a lot of public input is out. Two volumes are available for viewing in the conference room at City Hall. They selected option three, which was a recommended preferred alternative. It is not final. They are taking public comments and are having a public hearing on January 28th from noon until 8:00 p.m. There is information available on their website and at City Hall. It is a revised option three. It will take four residential properties in the City of Brentwood.

Mayor Kelly said two of the key concerns from the City of Brentwood’s standpoint is they plan to shift the highway further south which is actually in Richmond Heights but it approaches Brentwood Forest and taking the Town and Country Apartments on Eager Road. The other concern is on Hanley Road. They are going to restrict access to Eager Road, which is not a good thing for the projects that the City has developed on Eager Road. Their current configuration on Eager Road would restrict a right in and right out only. If you were on Hanley Road going northbound, you would not have access to Eager Road and if you were on Eager Road, you would not be able to go northbound on Hanley. It would restrict a lot of those daily shoppers that normally use Eager Road and that could have a great impact on those projects on Eager Road.

Excise Commissioner – No report

Library – No report

Municipal League – No report

Waste Management Commission – No report

Stormwater Management – No report

Communication – No report

Facilities Committee – No report

Insurance Committee – No report

UNFINISHED BUSINESS

Historical Society Meeting

Alderman Wynn said he attended the Historical Society’s meeting on Sunday. It was a good meeting. They are moving forward. If anyone wants a copy of the book published by the Historical Society, get it through the Historical Society, so they could get all the profit. If anyone wants to join the Historical Society, the fee is $5.00.

NEW BUSINESS - None

Recess

The meeting was recessed at 7:35 p.m. for an executive session/personnel matter.

Executive Session

Motion was made by Alderman Marshall, second by Alderman Cross to enter into executive session on a personnel matter at 7:49 p.m. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

After discussion on a personnel matter, motion was made by Alderman Wynn, second by Alderman Marshall to return to open session at 9:04 p.m. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

Adjournment

Motion was made by Alderman Marshall, second by Alderman Leahy to adjourn the meeting at 9:05 p.m. All in favor, none opposed.

 

Pat Kelly, Mayor