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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

City Hall

April 21, 2003

Council Chambers

7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

Present:            Alderman Boyd, Alderman Marshall, Alderman Leahy, Alderman Golfin                                    (7:00 p.m. by telephone), Alderwoman Mehler, Alderman Robertson,                           Alderman Wynn, Alderman Cross (7:08 p.m.).

 

                        City Attorney Murphy, City/Clerk Administrator Seemayer, Zoning                               Administrator Wolf, City Treasurer Reynders and Executive Secretary                           Williams.

 

Absent: Director of Economic Development Shelton.

 

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF APRIL 21, 2003

 

Motion was made by Alderman Robertson, second by Alderman Leahy to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of April 21, 2003 as presented.  Roll call:  Alderman Boyd, yes; 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 APRIL 7, 2003

 

Motion was made by Alderman Leahy, second by Alderman Marshall to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of April 7, 2003.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

PROCLAMATION – ARBOR DAY

 

Motion was made by Alderman Wynn, second by Alderman Boyd to approve the Proclamation for Arbor Day on April 30th.  All in favor, none opposed.

 

BIDS – NONE

 

HEARING OF ANY MATTER OF PUBLIC INTEREST UPON REQUEST OF ANY PERSON PRESENT – None

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Mayor Kelly said Bill No. 5168 was placed on hold at the last meeting with respect to a property subdivision.  City Attorney Murphy submitted a report this evening.  He requested the Public Works Committee review further.  The bill will remain on hold.

 

Mayor Kelly stated that Bills No. 5171 and 5174 regarding the MLP Project would remain on hold.

 

1st and 2nd Readings of Bills No. 5177, 5178, 5179 and 5180

 

Motion was made by Alderman Robertson, second by Alderwoman Mehler to give Bills No. 5177, 5178, 5179 and 5180 first and second readings.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Bill No. 5177 – Amending and Restating Ordinance No. 3753

 

City Attorney Murphy gave Bill No. 5177, AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 3753 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $19,600,000 PRINCIPAL AMOUNT OF TAX INCREMENT REVENUE NOTES (HANLEY/EAGER REDEVELOPMENT AREA), SERIES A AND B, OF THE CITY OF BRENTWOOD, MISSOURI, TO PROVIDE FUNDS TO FINANCE CERTAIN REDEVELOPMENT PROJECT COSTS RELATING TO THE HANLEY/EAGER TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PLAN; AND APPROVING CERTAIN DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE NOTES, its first and second readings.

 

Alderman Leahy said on page 10 of the Trust Indenture, paragraph d, establishes that they will extend payment terms for fifteen years out to December 18, 2023. What happens if the money is not generated to pay the bill by that date? 

 

Mark Grimm – Gilmore and Bell – Bond Counsel – came before the Board and said the notes are payable from the limited revenue source, being the TIF revenues from that project.  From a legal standpoint if the money were not there that is a risk the note holders would assume. 

 

Alderman Boyd said Exhibit A, Trust Indenture is dated April 1, 2003 and page 1 of the Trust Indenture is made and entered as of April 1, 2003.  Is that a correct date.   Should it be tonight’s date?

 

Mr. Grimm said the practice in municipal bond area is for a document to have a date of either the 15th or the first day of the month prior to issuance of the notes.  It is anticipated that this transaction would close before the end of the month and so there is nothing magical about April 1st and April 15th

 

Alderman Boyd said in the Trust Indenture on page 16 what amount would fill in the two blanks. 

 

Mr. Grimm said the total of those would be $6,000,000, which is the principal amount of these series, phase 1 A notes that are being issued.  They are finalizing what amount of that will go into the cost of issuance.  There will be a small sum that will go into the cost of issuance account to pay the cost incurred by the City and the remainder will go into the project account. 

 

Motion was made by Alderman Boyd, second by Alderman Leahy to approve and adopt Bill No. 5177.  Roll call:  Alderman Boyd, yes; 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. 5177 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3880.

 

Bill No. 5178 – Agreement for Brentwood Library Renovation

 

City Attorney Murphy gave Bill No. 5178, AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY RENOVATION WITH THE BRENTWOOD PUBLIC LIBRARY, WHICH RENOVATION INCLUDES THE CONSTRUCTION OF RENOVATIONS TO THE REAL PROPERTY OWNED BY THE CITY, its first and second readings.

 

Alderman Boyd said the actual agreement refers in a number of places to the authorized city representative and this is the person who reviews change orders, makes the payments, etc.  He assumes that they designate that person as the City Administrator/Clerk.  In the actual resolution in Section 3, Further Authority, it states the officers, agents and employees of the City including the Mayor and City Administrator/Clerk are authorized.  It seem to him that it authorizes too many people and he doesn’t know if they need to be more clear in terms of who the actual authorized City representatives are or is that standard language.

 

City Attorney Murphy said you want to have flexibility to designate someone else if someone is on vacation, etc., it should be a limited group.

 

Mayor Kelly said with respect to this project it would be the library board.  They are running this project.  The contract is going through the City.  They are going to make those decisions.

 

Alderman Boyd said he is not questioning the decision making process.  It is the approval of the transfer of funds, paying the bills, etc. 

 

Mayor Kelly said the accounting department pays all the bills for the City, including the library and those will go through Mr. Seemayer.

 

City Administrator Seemayer said those monies for this project was put on deposit through the COP at UMB Bank.  They do look to their architect to sign off all of the construction related bills before they would pay them. 

 

Motion was made by Alderman Boyd, second by Alderman Wynn to approve and adopt Bill No. 5178.  Roll call:  Alderman Boyd, yes; 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. 5178 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3881.

 

Bill No. 5179 – Cost Participation Agreement

 

City Attorney Murphy gave Bill No. 5179, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COST PARTICIPATION AGREEMENT WITH METRO FOR THE STRASSNER ROAD EXTENSION, its first and second readings.

 

Mayor Kelly said an executive session is scheduled following the regularly meeting to discuss this bill if it is needed.  The only thing that may need to be discussed is with respect to numbers.  They did not put the numbers in the ordinance because they are still being negotiated with the contractors.  The numbers are within the bounds of the TDD. When they met with the Director of Metro and his team, they decided that they had to have a funding agreement in place by May 1st and that is what this is. 

 

Alderman Leahy said in paragraph 2, page 2 it establishes that they are going with the bridge design over Strassner.  He thought they were looking at going to a different type of design based on cost.

 

Mayor Kelly said in a worse case scenario they would go with at grade crossing, if the numbers came in too high. They are approaching it with the idea that the Metro Link line will go over the roadway. 

 

Mayor Kelly asked the Board if they needed to discuss this bill in executive session or do they want to consider it now.

 

The Board indicated they wanted to consider it for adoption now.

 

Motion was made by Alderman Leahy, second by Alderman Boyd to approve and adopt Bill No. 5179.  Roll call:  Alderman Boyd, yes; 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. 5179 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3882.

 

1st Reading of Bill No. 5180

 

Mayor Kelly said Bill No. 5180 is regarding a public hearing scheduled for May 5th.  They felt the first reading of the bill was necessary tonight. This is in respect to the Chapter 353 Costco Project.  It has already been through the 353 Commission and the Planning and Zoning Commission.  Looking at the adopted 353 ordinances, it was determined that there may be a clause that states the first reading of the bill has to be done at one meeting and then passed at another meeting.  He would request it be placed on hold after the first reading. 

 

City Attorney Murphy gave Bill No. 5180, AN ORDINANCE FINDING THAT A CERTAIN BLIGHTED AREA AS DEFINED IN CHAPTER 353 OF THE REVISED STATUTES OF MISSOURI, AS AMENDED (THE URBAN REDEVELOPMENT CORPORATIONS LAW), EXISTS IN THE CITY OF BRENTWOOD AND THAT THE REDEVELOPMENT OF SUCH AREA IS NECESSARY AND IN THE PUBLIC INTEREST; APPROVING A DEVELOPMENT PLAN FOR THE SITE; AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO, its first reading.

 

Motion was made by Alderman Marshall, second by Alderman Cross to place Bill No. 5180 on hold.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

After voting on the bills, Alderman Golfin thanked the Mayor and Board for accommodating him.  The conference call was ended at 7:23 p.m.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Cross, second by Alderman Wynn to adopt the warrant list dated April 21st.  All in favor, none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor Kelly said the City received the certified election results from the April 8th election.

 

City Administrator Seemayer read the certified election results from the April 8th election as follows:

 

Pat Kelly

Mayor – 1,502

 

Municipal Judge

Frank Albrecht - 603

Ron Hill – 832

Patrick Dignam – 258

 

Alderman Ward 1

Barb Cross – 557

 

Alderman Ward 2

Lee Wynn - 271

Michael Morton – 130

 

Alderman Ward 3

Keith Robertson – 320

Kevin Madras, Sr. – 188

 

Alderman Ward 4

Evelyn Mehler – 156

Chuck Schierer – 57

 

Mayor Kelly said the swearing-in ceremony would be held at the May 5th meeting.

 

Motion was made by Alderman Cross, second by Alderman Leahy to accept the certified election results from the April 8th election.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

National Day of Prayer

 

Mayor Kelly said National Day of Prayer would be held on May 1st from 12:30 p.m. until 1:00 p.m. and 7:00 p.m. until 8:00 p.m. at City Hall.

 

Senate & House Bill

 

Mayor Kelly said they have been working on the TDD legislation from the state.  They were able to get it attached to Senate Bill 230, which has not been passed yet but will be passed.  They are still waiting in the House.  It is up to the Minority Leader, Catherine Hanaway to put it on the calendar at this point.  It is House Bill 483.  If anyone would like the phone number to call and voice support for that bill in order to get it on the calendar, it will be made available.

 

RFP

 

Mayor Kelly said the 353 Committee had recommended at their last meeting to issue an RFP for the three parcels of property directly behind St. Mary Magdalen. The property has been on the market for about a year and it has not sold.  He has spoken to Jill Brown, who represents the owner of the property.  The owners know that the City is considering issuing that RFP and they do not have any real concerns at this time. 

 

Public Safety Committee – No report

 

Public Works Committee – No report

 

City Engineer – No report

 

Parks – No report

 

Zoning Administrator

 

Special Use Permit – Martha Rounds Academy

 

Zoning Administrator Wolf said Martha Rounds Academy is requesting a Special Use Permit for a yard sale in the front yard of their premises on May 17th.

 

Motion was made by Alderman Wynn, second by Alderman Boyd to grant the Special Use Permit to Martha Rounds Academy.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Special Use Permit – Animal Protective Association of MO

 

Zoning Administrator Wolf said the APA is requesting a Special Use Permit for a run, which starts at Tilles Park and runs through Ward 1 to be held on October 5.

 

Mayor Kelly said last year the City co-sponsored this event with the APA.  As of now, the City is not a co-sponsor.  Michele deJong, Director of Parks and Recreation and staff worked very hard on this event last year.  He recommended the SUP request go back to the Public Works Committee to be discussed.  It required overtime and so forth for City staff on a Sunday.  

 

Special Use Permit – Brentwood Parks and Recreation

 

Zoning Administrator Wolf said Brentwood Parks and Recreation is requesting a Special Use Permit to waive the prohibition of alcohol in the park for the summer concert series   June 6, July 11 and August 8.   They did this last year and it proved to be successful with no negatives.

 

Motion was made by Alderman Boyd, second by Alderman Marshall to grant the request for the Special Use Permit to the Brentwood Parks and Recreation Department for the summer concert series.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, no; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, no; Alderman Cross, yes.

 

Alderman Leahy asked if the City is establishing a precedent that if the ball teams start asking for the same request will there be a problem turning down the prohibition on alcohol. 

 

Mayor Kelly said they would still have to request it. 

 

Ways and Means Committee – No report

 

Planning and Zoning – No report

 

City Attorney – No report

 

City Clerk/Administrator – No report

 

Director of Economic Development – No report

 

Excise Commissioner – No report

 

Library

 

Alderman Wynn said the library renovations are in progress.  He met with the library board, the mayor and city administrator and he is thrilled with what they are going to be seeing in a few months when the improvements are finished.

 

Municipal League

 

Alderman Boyd said the next Municipal League meeting is scheduled for Thursday, April 24 at 7:30 p.m.  If any members are interested in attending he would draw their attention to the program.  The folks from East/West Gateway will be going through the report on where we stand.  It is a very interesting report that compares the St. Louis region to 34 of our peer regions across the country from quality of life to economic development.

 

Waste Management Commission – No report

 

Stormwater Management – No report

 

Communication – No report

 

Facilities Committee – No report

 

Insurance Committee – No report

 

UNFINISHED BUSINESS

 

Alderman Boyd said on April 30 the American Planning Association would be holding its planning workshop.  It is a good, educational opportunity for citizens and other people interested in planning issues.  During their awards ceremony that evening, Mayor Kelly will be receiving the Elected Official of the Year Award for his work in such activities as the Manchester Road corridor and fostering collaboration and moving forward with many of the planning issues of our City.

 

Everyone congratulated Mayor Kelly.

 

NEW BUSINESS – None

 

ADJOURNMENT

 

Motion was made by Alderman Boyd, second by Alderman Marshall to adjourn the meeting at 7:39 p.m.  All in favor, none opposed.

 

                                                                                                            ss/Pat Kelly                                                                                                                  Pat Kelly, Mayor

 

Attest:

 

            ss/Chris Seemayer       

Chris Seemayer, City Clerk