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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

City Hall                                                                                                          May 19, 2003

Council Chambers                                                                                                  7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

Present:            Alderman Boyd, Alderman Marshall, Alderman Leahy, Alderman Golfin,                                   Alderwoman Mehler, Alderman Wynn, Alderman Cross.         

 

                        City Attorney Murphy, Zoning Administrator Wolf, Treasurer                                        Reynders, Executive Secretary Williams.

 

Absent:Alderman Robertson, City Administrator Seemayer and Economic                                            Development Director Shelton.

 

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF MAY 19, 2003

 

Motion was made by Alderman Golfin, second by Alderman Wynn to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of May 19, 2003.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MAY 5, 2003

 

Motion was made by Alderman Golfin, second by Alderman Marshall to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of May 5, 2003.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

PROCLAMATION – YOUTH ART MONTH

 

Mayor Kelly said they have been working, with the help of the art teachers at the schools, for a number of years with the art gallery in City Hall.  They expanded that this year and started to decorate some of the hallways and have representations from both of the grade schools, middle school, high school and preschool.  It has been a great addition to City Hall.  The City has gotten a lot of compliments and questions from people as to where the art comes from.  They appreciate the efforts of the teachers who come up and change the artwork periodically. 

 

Mayor Kelly asked the teachers to come forward and introduce the children.

 

The Mayor read the proclamation and presented it to each student.

Mayor Kelly also thanked everyone for participating in the Beautify Brentwood Paint Fest.

 

Lois Rufer, Art Teacher at McGrath Elementary School stated that the frames in City Hall were donated by Art Mart.  The owner of Art Mart is always participating and donating things. 

 

PROCLAMATION – MARGARET BUSH

 

Mayor Kelly said a proclamation is before the Board for Margaret Bush, a first grade teacher at St. Mary Magdalen School who is retiring after 26 years of teaching. 

 

Motion was made by Alderman Wynn, second by Alderman Marshall to approve the proclamations for Youth Art Month and for Margaret Bush.  All in favor none opposed.

 

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

 

Mark Ditch – Fisher, Ditch and Associates came before the Board and said he is representing the Truss Brothers Construction or MTTA with Brentwood Plastics.  He asked if there is an updated bill.

 

Alderman Leahy said the bill that was placed on hold went from A through H.  The revised bill that was received from City Attorney Murphy went from A through J with attachments to it.

 

Mayor Kelly said he did not receive that.

 

Mr. Ditch asked if the items that were discussed at the Planning and Zoning Commission level are attached as they were on the original bill.

 

Alderman Leahy said in the revised bill, A through H did not change from the initial bill.  In the revised bill, Section I states that, “the Petitioner be required to deposit funds in an escrow account with the City or post a bond, in the amount of $25,000, to assure the construction by the Petitioner of the detention areas shown on the Preliminary Subdivision Plat, said detention areas to be excavated and constructed in accordance with the requirements of Chapter 25 of the City Code within ninety (90) days of the approval of the Final Plat by the Board of Aldermen.”  Section J, asks that “all of the conditions of approval set forth above in this Section 2, with the exception of subparagraphs (d) and (g), be shown on the Final Plat as restrictions.”

 

Mr. Ditch said they have not seen those changes and they would like to see what is involved. 

 

Alderman Golfin said he would like to see the revised bill.  How is Bill No. 5168 identified as revised? 

 

City Attorney Murphy said there should be a reference to a revision in the bill title.  He will get copies to the Board.

 

Alderman Golfin said one thing that has been confusing him on the bill is that he does not find a purpose for the subdivision of the property.  Does the petitioner now have a purpose for that?

 

Mr. Ditch said just to transfer ownership.

 

Alderman Golfin asked who would the new owners be and what will they want to do with the property.

 

Andy Truss – 2825 Brazeau came before the Board and said he is one of the members of MTTA.  They have stated from day one that they intend to move Truss Brothers Construction down there.  With ownership you must own the real estate first.  They have hired an attorney to try to get the ownership of the real estate and then they will come back to the Board with their intended plan. 

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Mayor Kelly said with respect to the Brentwood Plastics property, it would be in the best interest of the City to ensure that the agreement that was approved by the City is enforced before the lot is subdivided. When the owner did an expansion on his building he took part of what is now to be subdivided and sold to use as abatement for the construction of his new building being built in a floodplain.  It has been a while since they did the expansion of their building and they have yet to conform to what they had agreed to in order to build that building.  He would like the City to issue the owner a 30 day notice to complete that part of their construction project and if not then the City would take action with respect to not conforming to their construction plans.

 

Motion was made by Alderman Golfin, second by Alderman Wynn to contact Brentwood Plastics and issue the owner a 30-day notice to comply with the site plan approval.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Alderman Golfin asked if this motion would require them to conform to previous requirements by the Board and does it address Bill No. 5168 in any way.

 

Mayor Kelly said it would require them to conform to previous requirements but it does not address Bill No. 5168.

 

1st and 2nd Readings of Bills No. 5184 and 5185

 

Motion was made by Alderman Golfin, second by Alderman Marshall to give Bill No. 5184 and 5185 first and second readings.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Bill No. 5184 – Sale of City Property

 

Mayor Kelly said at the last meeting a bill was before the Board and was approved for the sale of the house next door to City Hall.  When it came time for the closing, the woman that was going to buy the property decided that she didn’t want to move to Brentwood and wanted to stay in University City.  The City has another buyer that is paying the same price and that is reflected in Bill No. 5184.

 

City Attorney Murphy gave Bill No. 5184, AN ORDINANCE REPEALING ORDINANCE NO. 3885 AND SUBSTITUTING IN LIEU THEREOF AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF BRENTWOOD, MISSOURI FOR THE SALE OF CITY PROPERTY LOCATED AT 8751 EULALIE TO RICHARD WATT, 9788 TWIN VISTA, CRESTWOOD, MISSOURI 63126, its first and second readings.

 

Motion was made by Alderman Golfin, second by Alderman Marshall to approve and adopt Bill No. 5184.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5184 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3887.

 

Bill No. 5185 – Amendment to Base Lease and Lease/Purchase Agreement

 

City Attorney Murphy gave Bill No. 5185, AN ORDINANCE APPROVING A FIRST AMENDMENT TO BASE LEASE AND A FIRST AMENDMENT TO LEASE/PURCHASE AGREEMENT, WHICH AMEND THAT CERTAIN BASE LEASE AND THAT CERTAIN LEASE/PURCHASE AGREEMENT, RESPECTIVELY, BOTH DATED AS OF APRIL 1, 2003; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF SUCH AMENDMENTS, its first and second readings.

 

Mayor Kelly said when the COPs were taken out for City Hall; the collateral on the COP bonds was City Hall property.  The Eulalie property was mistakenly included as collateral.  The amendments in Bill No. 5185 take the Eulalie property out of it so it could be sold.

 

Motion was made by Alderman Golfin, second by Alderman Leahy to approve and adopt Bill No. 5185.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5185 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3888.

 

RESOLUTION NO. 892 – Notice of Privacy Practices

 

Mayor Kelly said Resolution No. 892 is regarding releasing medical records with respect to the ambulance services.  There are new regulations with respect to information. 

 

RESOLUTION NO. 893 – Hanley Road Corridor Study

 

Mayor Kelly said they have been working on the Hanley Road Corridor Study with Richmond Heights, Maplewood, St. Louis County Highway and a number of the businesses along that corridor to do a corridor study.  This resolution will approve up to $15,000 contribution towards that corridor study.  Maplewood, St. Louis County Highway, Richmond Heights, DCM Management, Dierbergs, Sunnen Park and Pace Properties are contributing funds for this study.  It is a great opportunity and shows that you can get people together with a common need.  This is the first time that St. Louis County Highway has joined in and participated in a joint venture study. 

 

Alderman Leahy asked if the $15,000 is in the budget.

 

Mayor Kelly said they are taking it out of TDD funds that they have available.

 

Approval of Resolutions No. 892 and 893

 

Motion was made by Alderman Wynn, second by Alderman Golfin to approve and adopt Resolution No. 892 and 893.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Golfin, second by Alderman Wynn to approve the warrant list dated May 19th.  All in favor, none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Committee Appointments

 

Mayor Kelly said a list of committee appointments are before the Board. 

 

Alderman Leahy pointed out that his name was added to the Waste Management Commission as a reappointment. 

 

Motion was made by Alderman Golfin, second by Alderman Marshall to approve the committee appointment list as amended.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Comprehensive Plan

 

Mayor Kelly said the first Comprehensive Plan Steering Committee meeting would be held this Wednesday evening at City Hall.  They are hoping to get a lot of public input over the next year or so and develop a solid Comprehensive Plan.

 

West Community Credit Union

 

A meeting to address the West Community Credit Union parking lot will be held on Thursday evening at 7:00 p.m. at City Hall.

 

Executive Session

 

Mayor Kelly said there is an executive session scheduled after the regular meeting this evening.

 

Public Safety Committee – No report

 

Public Works Committee – No report

 

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 – No report

 

Excise Commissioner – No report

 

Library – No report

 

Municipal League – No report

 

Waste Management Commisson – No report

 

Stormwater Management – No report

 

Communication – No report

 

Facilities Committee

 

Mayor Kelly said the Facilities Committee has been removed from the committee appointment list.  Those types of projects like the fire department expansion would be handled under the Public Works Committee.

 

Insurance Committee – No report

 

UNFINISHED BUSINESS – None

 

NEW BUSINESS – None

 

Recess

 

The meeting was recessed at 7:40 p.m. for an Executive Session Legal Matter.

 

Executive Session

 

Motion was made by Alderman Marshall, second by Alderman Leahy to enter into executive session on a legal matter at 7:45 p.m. Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

After discussion on a legal matter, motion was made by Alderman Wynn, second by Alderman Golfin to return to open session at 8:59 p.m.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

ADJOURNMENT

 

Motion was made by Alderman Wynn, second by Alderman Golfin to adjourn the meeting at 9:00 p.m.  Roll call:  Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

 

 

 

                                                                                                                                               

                                                                                                Pat Kelly, Mayor

 

 

Attest:

 

 

                                               

Chris Seemayer, City Clerk