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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

City Hall                                                                                                            May 5, 2003

Council Chambers                                                                                                  7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

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

 

                        City Attorney Murphy, City Clerk/Administrator Seemayer, Zoning                               Administrator Seemayer, Economic Development Director Shelton,                               Treasurer Reynders, Executive Secretary Williams.

 

Absent:Alderman Boyd.

 

 

Mayor Kelly announced that Alderman Golfin would be joining the meeting by telephone this evening.  His grandson has been very ill who lives out of state.  He and his wife are helping with their ill grandson. 

 

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

 

Motion was made by Alderman Wynn, second by Alderman Leahy to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of May 5, 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 APRIL 21, 2003

 

Motion was made by Alderman Leahy, second by Alderman Robertson to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of April 21, 2003.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

BIDS – 2003 COMPACT EXCAVATOR

 

City Administrator Seemayer said bids were opened today at 10:00 a.m. for the purchase of a 2003 Compact Excavator for the sewer lateral program.  One bid was received as follows:

 

            Bobcat of St. Louis                                                                   $38,641.13

 

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

 

David Walter – 2328 Annalee – came before the Board and said he received a letter from Mayor Kelly regarding the West Community Credit Union proposed expansion. 

 

Mayor Kelly said in talking with representatives from the credit union, as well as meeting with Aldermen Cross and Boyd, it was his suggestion that they postpone their application before the City to try to work with the neighbors and come to an agreement on their new parking lot.

 

Mr. Walter said he is involved with the neighborhood association of about 80 people.  In the past 45 days they have signed petitions relative to the entire development.  They would like to see this proposal move through the process.  They are encouraging the Board to ask the credit union to put it back on the agenda for the Board of Adjustment as well as the vote with the Board of Aldermen. 

 

Mayor Kelly said a meeting is scheduled for residents to voice their opinions for Thursday, May 22nd at 7:00 p.m.

 

Mr. Walter said rezoning is a very passionate issue in their neighborhood.  It is like many things in life, there is not a lot of middle ground; you are either for it or against it.  Their neighborhood has spoken clearly for the past year and a half.  This is not a new position they have taken.  They are against knocking down houses. 

 

Kathryn Jepson – 2328 Annalee – came before the Board and said the stance is that there is no middle ground.  The bottom line is that they do not want homes torn down, traffic, noise, pollution, etc.  They are protecting and maintaining the integrity of the neighborhood. 

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

1st and 2nd Readings of Bill No. 5183

 

Motion was made by Alderman Robertson, second by Alderwoman Mehler to give Bill No. 5183 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. 5183, AN ORDINANCE OF THE CITY OF BRENTWOOD, MISSOURI, RESCINDING ORDINANCE NO. 3374 AND ESTABLISHING NEW PROCEDURES BY WHICH THE CITY OF BRENTWOOD MAY AVAIL ITSELF OF THE PROVISIONS OF CHAPTER 353 OF THE REVISED STATUTES OF MISSOURI 2000, AS AMENDED, KNOWN AS THE URBAN REDEVELOPMENT CORPORATIONS LAW, INCLUDING PROVISIONS WHICH MAY EXTEND PARTIAL PROPERTY TAX ABATEMENT AND USE OF THE POWER OF EMINENT DOMAIN TO THE URBAN REDEVELOPMENT CORPORATIONS PURSUANT TO APPROVED DEVELOPMENT PLANS WITHIN AREAS OF THE CITY FOUND AND DECLARED BY THE BOARD OF ALDERMEN TO BE BLIGHTED; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Economic Development Director Shelton said there are two minor amendments to the bill.  Page 4, Section 6, request 15 copies of any proposal.  It is current practice to ask for 25 copies.  Page 5, Section 6, (g) insert the word “and” after “locations” but before “in”.

 

Alderman Leahy said even with that change the interpretation of that paragraph still leaves them to the point that relocation of displaced residents or businesses still stay within the definition of the City of Brentwood, which may be difficult to accomplish.

 

Mr. Shelton said he reviewed that with legal counsel and their interpretation is that it does not limit the City.  It is always their intent to relocate any business or resident if possible.  This does not mandate that those displaced businesses or residents be relocated within the City. 

 

Motion was made by Alderman Leahy, second by Alderman Marshall to approve and adopt Bill No. 5183 as amended.  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. 5183 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3883.

 

Public Hearing – Petition to Rezone 17.7 Acres of Property

 

Mayor Kelly announced the public hearing to rezone 17.7 acres of property in Hanley Industrial Court would now be heard at 7:15 p.m.

 

Zoning Administrator Wolf came before the Board and said this is the same issue that was before the Board a couple of meetings ago except this time they sent the letters to the affected properties advising them of the public hearing.  The issue remains the same. 

 

Mayor Kelly said this area would be rezoned for the Costco Project.  It is going from commercial to planned development. When this public hearing was held before, not all the property owners received notice of it, so a second public hearing had to be held.  The first bill was not signed.

 

Mayor Kelly asked if there were any comments.

 

Claudia Perow – KV Pharmaceutical came before the Board and said they received the second notice, which is the first time they had heard about the Costco Redevelopment Project.  KV Pharmaceutical has been a proponent of development in the Brentwood area.  They have been before the Board in the past for the renovation of their corporate office on Hanley Road, which they recently completed and moved into.  KV knew about general redevelopment in the area but did not know about the specific Costco Redevelopment and that it would affect some of their properties.  They have been an almost 30 year tenant in the Hanley Industrial Court area.  They are not sure what this redevelopment means for long term tenants like themselves regarding the timing for relocation. The microbiological facility is a big concern for them.  It is the main release facility for their entire company for microbiological testing.  KV operations are heavily dependent on the running of microbiological testing.  For them this relocation is not a matter of just moving an office, the micro facility is a FDA regulated facility.  It is a highly technical build in relocating.  They began planning last week, understanding that the process is well underway in terms of redevelopment.  Beyond just constructing a facility they also have to have the FDA certify it and until it is certified they cannot discontinue operations in the current facility.  They are really concerned about the timing and what hardship that might put on the company. 

 

Mayor Kelly said the relocation is part of the redevelopment agreement and the cost associated with that and so forth.  He suggested Ms. Perow contact Bob Shelton.

 

 With no further comment, Mayor Kelly announced the public hearing closed at 7:20 p.m.

 

Public Hearing – Proposed Blighting of Hanley/Strassner Redevelopment Area

 

Mayor Kelly announced the public hearing for the proposed blighting of the Hanley/Strassner Redevelopment Area would now be heard at 7:20 p.m.

 

Economic Development Director Shelton said this is an area that was previously a redevelopment area for the Brentwood Promenade, therefore the area need to be declared 353 to allow Costco to have redevelopment rights.  This proposal is consistent with the redevelopment agreement for the entire project that has been approved by the Board of Aldermen.  This went through the Urban Redevelopment Corporation consistent with ordinances as well as the Planning and Zoning Commission.

 

Mayor Kelly asked if there were any comments.

 

Mike Lander – Lander Binding and Finishing came before the Board and said they have two properties at 1425 and 1429 Hanley Industrial Court.  He asked if that whole area is being blighted and what does blighting do to them as tenants.

 

Mayor Kelly said the area is blighted under the state statutes under the definition of blight in order to qualify for the TIF financing through the City.  As a tenant, it does not have any affect on the occupants. He does not know that it would have any impact on the property or business.

 

Mr. Lander said it was stated that Costco has to bargain in good faith with tenants before they could condemn the property.  Does the definition of blight have any bearing on that?

 

Mayor Kelly said not from a tenancy standpoint. 

 

Mr. Lander said time is very crucial in the relocation of their business. 

 

With no further comments, Mayor Kelly announced the public hearing closed at 7:25 p.m.

 

Bill No. 5180 – Development Plan for Blighted Area 

 

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

 

2nd Reading of Bill No. 5180

 

Motion was made by Alderman Marshall, second by Alderman Leahy to give Bill No. 5180 its second reading.  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. 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 second reading.

 

Motion was made by Alderman Robertson, second by Alderman Leahy to approve and adopt Bill No. 5180.  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. 5180 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3884.

 

1st and 2nd Readings of Bills No. 5181 and 5182

 

Motion was made by Alderman Leahy, second by Alderwoman Mehler to give Bills No. 5181 and 5182 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.

 

Bill No. 5181 – Sale of Property

 

City Attorney Murphy gave Bill No. 5181, 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 PRAPAPUN WILSON, 873A LIONGATE, UNIVERSITY CITY, MISSOURI 63130, its first and second readings.

 

Mayor Kelly said this bill is an agreement for the sale of the house directly behind City Hall that the City purchased a few years ago, not knowing if additional parking would be needed.  The City has determined it does not need that property so the house was put on the market.  This will not be rental property.  The owner will live in the house.  

 

Motion was made by Alderman Leahy, second by Alderman Marshall to approve and adopt Bill No. 5181.  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. 5181 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3885.

 

Bill No. 5182 – Rezone Certain Property on Strassner and Hanley Industrial Court

 

City Attorney Murphy gave Bill No. 5182, 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 Alderwoman Mehler, second by Alderman Leahy to approve and adopt Bill No. 5182.  Roll call:  Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Alderman Leahy said as amendments are made to the zoning map when would an update of the map reflect the changes.

 

Mayor Kelly said that would be part of the Comprehensive Plan.

 

The Mayor thereupon declared Bill No. 5182 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3886.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Cross, second by Alderwoman Mehler to approve the warrant list dated 5/5/03 as delivered.  All in favor, none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Swearing-in

 

Mayor Kelly said the swearing-in of elected officials would be done after the meeting tonight.

 

Comprehensive Plan Steering Committee

 

Mayor Kelly said the Comprehensive Plan Steering Committee has a good representation with former elected officials, representatives from wards and a business owner.  The committee will hold a meeting towards the end of this month.  They are working with Bob Shelton to issue an RFP for a consultant to help work on updating and revising the comprehensive plan.  They are anticipating this process will take approximately 1-½ years.  The committee will be getting copies of the current comprehensive plan to review later this week and then that process will start. 

 

Public Safety Committee – No report

 

Public Works Committee – No report

 

City Engineer – No report

 

Parks – No report

 

Zoning Administrator

 

Special Use Permit – Double D Lounge

 

Zoning Administrator Wolf said he has an application for a special use permit for Double D Lounge to allow them to have an annual fundraiser in which they set up food and drink service outside on the sidewalk.  This has been going on for several years.  The fundraiser will be held on May 17th.  

 

Motion was made by Alderman Marshall, second by Alderman Leahy to grant the special use permit to Double D Lounge for their fundraiser on May 17th.  All in favor, none opposed.

 

Relocation of Driveway

 

Zoning Administrator Wolf said the City received an application to relocate a driveway for an individual who lives on Annalee.  He currently has a driveway going down into his basement.  City code requires a Board of Alderman approval.  The resident wants to move the driveway to the end of his property, cease using the old one and restore it to a tree planting strip and curb.

 

The Board indicated they had no problem with the relocation of the driveway.

 

Ways and Means Committee

 

Alderman Golfin said he would like to schedule a Ways and Means Committee meeting for Wednesday, May 14th at 5:00 p.m.

 

Planning and Zoning – No report

 

City Attorney – No report

 

City Clerk/Administrator – No report

 

Director of Economic Development

 

Property on Manchester Road

 

Director of Economic Development Shelton said the property at 8721-8735 Manchester Road has been on the market for quite a while.  It has been recommended by the Redevelopment Corporation that the City distribute request for proposals for that area. 

 

Mayor Kelly said they have spoken with the property owner and they are in agreement with it.

 

Alderman Leahy said he would like to see the responses that come in stay within the boundaries defined in the proposed area.

 

Excise Commissioner – No report

 

Library – No report

 

Municipal League – No report

 

Waste Management Commission

 

Alderman Golfin said he would like to schedule a combined meeting for Tuesday, May 20th at 7:00 p.m. with the Waste and Stormwater Management Commission.

 

Stormwater Management

 

Alderman Golfin said he would like to schedule a meeting on Thursday, May 22nd at 7:00 p.m.

 

Communication – No further report

 

Facilities Committee – No report

 

Insurance Committee – No report

 

UNFINISHED BUSINESS

 

National Day of Prayer

 

Alderman Wynn said last Thursday was National Day of Prayer and a session was held at City Hall from 12:30 p.m. to 1:00 p.m.   The prayer group included fourth graders from St. Mary Magdalen who were well behaved.

 

NEW BUSINESS

 

Mayor Kelly said he would like to encourage everyone to take a moment to call their state senators to voice opposition to Bill 293 that has been passed through the House and is now before the Senate.  It would put a limit on the business license fees that the City is able to collect.  The limit would be $10,000 a year.  It also puts a limit on the amount the City could charge for utility taxes to corporate citizens.  This would amount to over $1 million loss to the City of Brentwood in revenue for next year if it passes.   

 

Mayor Kelly said the meeting will be adjourned and then they will proceed with the swearing-in of elected officials.

 

ADJOURNMENT

 

Motion was made by Alderman Marshall, second by Alderman Robertson to adjourn the meeting at 7:46 p.m.  All in favor, none opposed.

 

Swearing-in of Elected Officials

 

City Administrator Seemayer administered the Oath of Office to Mayor Kelly, Alderman Cross, Alderman Wynn, Alderman Robertson and Alderwoman Mehler.

 

                                                                                                                                               

                                                                                                Pat Kelly, Mayor

Attest:

                                               

Chris Seemayer, City Clerk