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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

City Hall

April 7, 2003

Council Chambers

7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

Present:            Alderman Boyd (7:24 p.m. by telephone), Alderman Marshall,                                      Alderman Leahy, Alderman Golfin, 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: None.

 

 

Mayor Kelly announced that Alderman Boyd is out of town on business, but he will be contacting him on a conference call to allow him to participate in the voting of the bills on the agenda.

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF APRIL 7, 2003

 

Motion was made by Alderman Golfin, second by Alderman Robertson to approve the Agenda of the Regular Board of Aldermen Meeting of April 7, 2003. Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, 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 MARCH 17, 2003

 

Motion was made by Alderman Leahy, second by Alderman Wynn to approve the Minutes of the Regular Board of Aldermen Meeting of March 17, 2003 as delivered. Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

BIDS – Brentwood Library

 

City Administrator Seemayer said bids for the library renovation were opened on March 25th.  The following bids were received:

 

                                    Caldwell                                   $348,390

                                    J E Novack                              $328,000

                                    Muccigrosso                             $345,825

                                    ISC                                          $352,882

                                    Hart                                         $298,000

                                    Sitelines                                    $293,293

                                    Kalicak                                    $327,000

                                    Dar-Beck                                 $325,000

 

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

 

John King – Attorney – 168 N. Meramec came before the Board and said he is here regarding a subdivision plat located at 8734 Suburban Tracks Drive.  The tract is 2.9 acres.  They are asking that it be subdivided into two tracts, one that is 1.54 acres, which the present owner will retain where his buildings are located.  The other is 1.44 acres, which will be a new lot.  His understanding from reading the bill is that the engineer has prepared a subdivision plat that meets all of the requirements of the City of Brentwood.  He has also explained to the Truss’s that this is not a building permit.  If they were to receive a building permit they would have to meet all City requirements for the development of the tract and/or the building of any buildings on the lot.  That also includes the matter of the floodplain and floodway and what has to be done.  They know and fully understand that if the lot is subdivided it is not a building permit and they do not have the right to build on it as a result of the City subdividing the property.  They have to go through all the legal procedures with regard to the construction of a building including getting permission from all those necessary authorities regarding the floodway and the floodplain.

 

Alderman Golfin said he wanted to emphasize the comments Mr. King made about that tract being in a floodplain in part.  Their approval of the subdivision in no way implies that it can be built upon and in fact by these comments they hereby warn that one of the subdivided plats may not be buildable. 

 

Mr. King said he has told his client that it may not be a buildable lot once it is subdivided as a result of it not only being in a floodplain but also the floodway on it. 

 

Sam Longstreth – 6035 Lindell came before the Board and said he is the owner of Brentwood Plastics.  They are looking for strictly a subdivision.  They understand that by subdividing into two lots nothing may ever come of it.  They understand that by creating this subdivision that there is nothing implied or warranted but something can occur on the second lot. 

 

Mayor Kelly asked Mr. Longstreth how did he address the issue of access with the new lot.

 

Mr. Longstreth said within the property there is access.  He has given them a letter stating that they would have a full easement if there is a desire to put something on this property.  If that is not possible, so be it.

 

Alderman Leahy said as he understands it there is a conditional use permit for Brentwood Plastics.  In the subdivision of the two properties does that conditional use permit become subject to violation in the fact that they are subdividing property and now one of the conditions may not be under the same owner. 

 

City Attorney Murphy said he will not give any legal opinion in public, but he will research the question.

 

Mark Ditch – Buescher, Ditch and Associates came before the Board and said he put together the preliminary plat that is in front of the Board tonight.  The access they have shown is a 35-foot ingress and egress easement from Brazeau over to the lot.  The access would be there.  There is an issue that they have a temporary easement or access rights on Mary Avenue.  They have a letter of commitment. 

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Bill No. 5168 – Re-subdivision of Property

 

Motion was made by Alderman Robertson, second by Alderwoman Mehler to give Bill No. 5168 first and second readings.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

City Attorney Murphy gave Bill No. 5168, AN ORDINANCE APPROVING A PRELIMINARY PLAT ENTITLED “PRELIMINARY PLAT OF BRENTWOOD PLASTICS” DEPICTING A RE-SUBDIVISION OF PROPERTY NUMBERED 8734 SUBURBAN TRACKS DRIVE; ESTABLISHING THE CONDITIONS TO THIS APPROVAL; AND, ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first reading.

 

Mayor Kelly said it is his understanding, according to Larry West, owner of N.B. West, that they have revoked the agreement to give access to the property using Mary Avenue.  His concern is that any access to that property truck wise would have to use the residential streets Pendleton and Brazeau in order to get access to the lot.  The neighborhood would have to be made aware that the trucks would be going up and down that street. 

 

Alderman Cross asked Mr. King to inform the Board why this issue came from the Planning and Zoning Commission with a negative recommendation.

 

Mr. King said he does not know, except that the Planning and Zoning Commission felt the lot was not buildable.

 

Motion was made by Alderman Leahy, second by Alderman Golfin to place Bill No. 5168 on hold. Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Alderman Robertson said he was on the Planning and Zoning Commission when the conditional use permit was granted.  He is concerned that they would be making a big mistake until they get a legal opinion. 

 

Public Hearing – 7:15 p.m. – Petition to Rezone 17.7 Acres of Property

 

Mayor Kelly announced the public hearing for the rezoning of 17.7 acres of property regarding the Costco Project in Hanley Industrial Court would now be heard at 7:15 p.m.  It would be rezoned to “Planned Development”.

 

Mary Bonacorsi – Attorney Representing Hanley Industrial Investors came before the Board and said they had requested some information about whether action was going to be taken by the Board this evening and did not receive a response to that request.  They understand that there is a proposed ordinance to amend the zoning map.  The concern that they have is this is an advance of the redevelopment corporation redevelopment plan, which is premature.  They asked the Board to defer to those parcels for which the redevelopment plan has not yet been approved.

 

Mayor Kelly announced the public hearing closed at 7:17 p.m.

 

1st and 2nd Readings of Bills No. 5170, 5171, 5172, 5173, 5174 and 5175

 

Motion was made by Alderman Wynn, second by Alderman Cross to give Bills No. 5170, 5171, 5172, 5173, 5174 and 5175 first and second readings.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Mayor Kelly called for a recess at 7:20 p.m. to contact Alderman Boyd by telephone so he could participate in the voting process.

 

The meeting reconvened at 7:24 p.m. with Alderman Boyd present by telephone.

 

Bill No. 5170 – Rezoning Certain Property

 

City Attorney Murphy gave Bill No. 5170, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF BRENTWOOD TO REZONE CERTAIN PROPERTY NUMBERED #1 STRASSNER AND NOS. 810, 814, 820, 840, 819, 927, 1001, 755 AND 1425 HANLEY INDUSTRIAL COURT, MORE SPECIFICALLY DESCRIBED BY THE LEGAL DESCRIPTION INDICATED ON EXHIBIT 1 TO THIS ORDINANCE TO THE “PLANNED DEVELOPMENT” (“P-D”) DISTRICT; ESTABLISHING CERTAIN CONDITIONS TO THAT REZONING RELATING TO USE AND CONSTRUCTION OF IMPROVEMENTS; AND, ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Motion was made by Alderman Robertson, second by Alderman Golfin to approve and adopt Bill No. 5170.  Roll call:  Alderman Cross, yes; Alderman Wynn, no; Alderman Robertson, yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman Marshall, yes; Alderman Boyd, yes.

 

The Mayor thereupon declared Bill No. 5170 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3875.

 

Public Hearing – 7:25 p.m. – Petition to Rezone 7.9 Acres of Property

 

Mayor Kelly announced the public hearing for the rezoning of 7.9 acres of property regarding the MLP Project would now be heard at 7:25 p.m.  The property would be rezoned to the Urban Development district.

 

There were no public comments.

 

Mayor Kelly stated that once the first reading for the bill regarding the MLP Project is given the bill will be placed on hold because they do not have a redevelopment agreement finalized with MLP, due to the negotiations with Metro Link and MLP to get the final cost.

 

Mayor Kelly announced the public hearing closed at 7:26 p.m.

 

Bill No. 5171 – Rezone Certain Property to the Urban Dedevelopment District

 

City Attorney Murphy gave Bill No. 5171, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF BRENTWOOD TO REZONE CERTAIN PROPERTY DESCRIBED IN THE ATTACHED EXHIBIT “A” TO THE “URBAN DEVELOPMENT” DISTRICT; PROVIDING CONDITIONS TO THAT REZONING; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE; AND, ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, it first reading.

 

Motion was made by Alderman Cross, second by Alderman Leahy to place Bill No. 5171 on hold.  Roll call:  Alderman Cross, yes; Alderman Wynn, yes; Alderman Robertson, yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman Marshall, yes; Alderman Boyd, yes.

 

Bill No. 5172 – Designating Blighted Area and Approving a Redevelopment Plan

 

City Attorney Murphy gave Bill No. 5172, AN ORDINANCE DESIGNATING A PORTION OF THE CITY OF BRENTWOOD, MISSOURI, AS A REDEVELOPMENT AREA AND FINDING THAT SUCH AREA IS A BLIGHTED AREA UNDER THE REAL PROPERTY TAX INCREMENT ALLOCATION REDEVELOPMENT ACT; APPROVING THE HANLEY/STRASSNER TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PLAN; MAKING FINDINGS RELATING THERETO; AND AUTHORIZING CERTAIN ACTIONS BY CITY OFFICIALS, its first and second readings.

 

Motion was made by Alderman Robertson, second by Alderman Marshall to approve and adopt Bill No. 5172.  Roll call:  Alderman Cross, yes; Alderman Wynn, no; Alderman Robertson, yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman Marshall, yes; Alderman Boyd, yes.

 

The Mayor thereupon declared Bill No. 5172 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3876.

 

Bill No. 5173 – RPA 1 Redevelopment Project

 

City Attorney Murphy gave Bill No. 5173, AN ORDINANCE OF THE CITY OF BRENTWOOD, MISSOURI APPROVING THE RPA 1 REDEVELOPMENT PROJECT PURSUANT TO THE HANLEY/STRASSNER TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PLAN AND ADOPTING TAX INCREMENT FINANCING WITH RESPECT TO RPA1 1, its first and second readings.

 

Motion was made by Alderman Golfin, second by Alderman Cross to approve and adopt Bill No. 5173.  Roll call:  Alderman Cross, yes; Alderman Wynn, no; Alderman Robertson, yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman Marshall, yes; Alderman Boyd, yes.

 

The Mayor thereupon declared Bill No. 5173 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3877.

 

Bill No. 5174 – RPA 2 Redevelopment Project

 

City Attorney Murphy gave Bill No. 5174, AN ORDINANCE OF THE CITY OF BRENTWOOD, MISSOURI APPROVING THE RPA 2 REDEVELOPMENT PROJECT PURSUANT TO THE HANLEY/STRASSNER TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PLAN AND ADOPTING TAX INCREMENT FINANCING WITH RESPECT TO RPA 2, its first reading.

 

Motion was made by Alderman Leahy, second by Alderman Marshall to place Bill No. 5174 on hold.  Alderman Cross, yes; Alderman Wynn, yes; Alderman Robertson, yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman Marshall, yes; Alderman Boyd, yes.

 

Bill No. 5175 – Redevelopment Agreement

 

City Attorney Murphy gave Bill No. 5175, AN ORDINANCE AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT AND RELATED ACTIONS IN CONNECTION WITH THE HANLEY/STRASSNER TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PLAN, its first and second readings.

 

Motion was made by Alderman Marshall, second by Alderman Cross to approve and adopt Bill No. 5175.  Roll call:  Alderman Cross, yes; Alderman Wynn, no; Alderman Robertson, yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman Marshall, yes; Alderman Boyd, yes.

 

The Mayor thereupon declared Bill No. 5175 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3878.

 

At this point, Mayor Kelly thanked Alderman Boyd for participating in the voting of the ordinances and ended the conference call. 

 

Resolution No. 888 – City Vehicle Policy

 

Mayor Kelly said Resolution No. 888 amends the City Vehicle Policy by extending the area where certain employees of the City can travel with City vehicles.

 

Motion was made by Alderman Wynn, second by Alderman Golfin to adopt Resolution No. 888.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Resolution No. 889 – Opposing Sales Tax Holiday

 

Director of Economic Development Shelton came before the Board and said the General Assembly for the last several years has considered enacting a sales tax holiday.  It would take away sales taxes to local municipalities.  It also would abate state sales tax.  It has to be harmful to both state and local revenues.  The City is joining with the county and state municipal leagues in opposing the idea of the sales tax holiday.

 

Mayor Kelly said the theory behind the sales tax holiday is that on a given weekend prior to school starting there would be an opportunity for families to purchase school supplies, clothing, etc. and not have to pay sales tax on those items.  In theory it might be good but many of the organizations that are pushing for this bill are large retailers who would like to have a sale at the municipalities expense.  There is very little ways to control what people can buy, etc. 

 

Motion was made by Alderman Wynn, second by Alderman Golfin to adopt Resolution No. 889.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Resolution No. 890 – Supporting the Availability of Trauma Care Services

 

Mayor Kelly said Resolution No. 890 is supporting trauma care services particularly DePaul Health Center.  They are shutting down their trauma center, which could be a detriment to the St. Louis area.

 

Motion was made by Alderman Wynn, second by Alderman Golfin to adopt Resolution No. 890.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Resolution No. 890 – Draft Environmental Impact Statement

 

Alderman Golfin said an amendment needed to be made to the resolution.

 

Director of Economic Development Shelton said he also has a few amendments which he stated as he went over the resolution.

 

Director of Economic Development Shelton came before the Board and said there is a major undertaking for improvements and modification to the highway 40/I-64 corridor and they create an environmental impact study.  Through the study they ask for comments, which will be accepted until April 14th.  They ask that if you have comments to make specific suggestions regarding your comments.  Interested residents who want to make comments prior to April 14th may go to the MoDOT website.

 

 The amended resolution is attached to the minutes.

 

Alderman Golfin said on the redesigning of I-64 through Brentwood they have had meetings with MoDOT.  One of their major concerns is that the highway will swing to the south and will actually take units of the Town and Country Complex, which is in Richmond Heights but borders very closely to Brentwood on Eager Road.  Taking those apartments will eliminate residential area and bring the highway closer to Brentwood.  His concern specifically with that design is why doesn’t the highway swing slightly to the north where the land is vacant.  It is an unused parking lot of the Galleria and why the Environmental Impact Statement desires to take residential property rather than move onto vacant land is a comment they should make to MoDOT and hopefully get them to modify that plan.

 

Motion was made by Alderman Wynn, second by Alderman Golfin to approve Resolution No. 891.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Golfin, second by Alderman Leahy to approve the warrant list dated 4/7/03.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

REPORT OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Executive Session

 

Mayor Kelly announced a legal and real estate matter executive session would be held following the regular meeting.

 

Committee Appointments

 

Mayor Kelly requested that Mark Niemeyer, Charlie Macy and Karl Dreyer be appointed to the Board of Adjustment.  Karl Dreyer would be an alternate member. 

 

Motion was made by Alderman Cross, second by Alderman Leahy to approve the committee appointments of Mark Niemeyer, Charlie Macy and Karl Dreyer to the Board of Adjustment.  All in favor, none opposed.

 

Beautify Brentwood Paint-Fest

 

Mayor Kelly said the Public Works Department and the City are sponsoring the annual trashcan painting Saturday, April 12th from 10:30 a.m. to 2:00 p.m.  It is a fun event with families and children involved in painting trash cans, which are distributed throughout the City. 

 

Election Day

 

Mayor Kelly reminded everyone that tomorrow is election day.  He encouraged everyone to come out and vote.

 

Public Safety Committee – No further report

 

Public Works Committee

 

Alderman Wynn announced there would be a Public Works Committee meeting held on Wednesday, April 9th at 4:00 p.m.

 

City Engineer – No report

 

Parks – No report

 

Zoning Administrator – No report

 

Ways and Means Committee – No further report

 

Planning and Zoning – No report

 

City Attorney – No report

 

City Clerk/Administrator – No report

 

Director of Economic Development – No further report

 

Excise Commissioner – No report

 

Library – No report

 

Municipal League – No report

 

Waste Management Commission – No report

 

Stormwater Management – No report

 

Communication – No further report

 

Facilities Committee – No report

 

Insurance Committee – No report

 

UNFINISHED BUSINESS – None

 

NEW BUSINESS – None

 

Recess

 

The meeting was recessed at 7:50 p.m. for an executive session on legal and real estate matters.  

 

Executive Session – Legal and Real Estate Matters

 

Motion was made by Alderman Wynn, second by Alderman Leahy to enter into executive session on legal and real estate matters at 7:57 p.m.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

After discussion on legal and real estate matters, motion was made by Alderman Wynn, second by Alderman Marshall to give Bill No. 5176 first and second readings.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

City Attorney Murphy gave Bill No. 5176, AN ORDINANCE AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT AND SETTLEMENT AGREEMENT AND RELATED ACTIONS IN CONNECTION WITH THE RIGHTS, TITLE AND INTERESTS OF THE CITY IN CERTAIN PROPERTY, its first and second readings.

 

Motion was made by Alderman Wynn, second by Alderman Robertson to approve and adopt Bill No. 5176.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5176 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3879.

 

Motion was made by Alderman Cross, second by Alderman Robertson to return to open session at 8:22 p.m.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

ADJOURNMENT

 

Motion was made by Alderman Cross, second by Alderman Wynn to adjourn the meeting at 8:23 p.m. Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

 

                                                                                                            ss/Pat Kelly                 

                                                                                                Pat Kelly, Mayor

 

Attest:

 

            ss/Chris Seemayer       

Chris Seemayer, City Clerk