Go To Search
Emergency Alert
 

View Other Items in this Archive | View All Archives | Printable Version

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

 

City Hall                                                                                                         June 16, 2003

Council Chambers                                                                                               7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

Present:            Alderman Boyd, Alderman Leahy, Alderman Golfin, Alderman                                      Robertson and Alderman Cross.          

 

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

 

Absent:Alderman Marshall, Alderwoman Mehler and Alderman Wynn.

 

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF JUNE 16, 2003

 

Motion was made by Alderman Golfin, second by Alderman Leahy to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of June 16, 2003 as presented.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

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

 

Motion was made by Alderman Robertson, second by Alderman Golfin to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of May 19, 2003 as presented.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

PROCLAMATION – SMALL CITIES AND TOWNS DAY

 

Motion was made by Alderman Boyd, second by Alderman Leahy to approve the proclamation declaring June 20th as National Small Cities and Towns Day.  All in favor none opposed.

 

PRESENTATION OF 2002 AUDIT

 

Tammy Alsop – Partner at Hochschild, Bloom & Company came before the Board and briefly went over the Comprehensive Annual Financial Report.  The report included four sections, which is the introductory section, financial section, statistical section and compliance section.  In the financial section, the City received an unqualified opinion, which is the highest form of assurance the City can receive on financial statements.  She thanked City Administrator Seemayer, Finance Officer Zimmer and staff for their help in putting the 2002 Audit together.

 

Alderman Boyd asked Mrs. Alsop to explain what the GASB 34 is going to mean in terms of how the City is to account for infrastructure and other sources over the next year.

 

Mrs. Alsop said you would have to start valuing your roads, bridges, curbs, guttering and street lighting, etc., that the City owns.  You are going to see a completely different set of financial statements that will look more like a for profit entity with compensated absences, debt, depreciation, fixed assets, accumulated appreciation, all on the balance sheet, instead of in its own separate fund. 

 

Alderman Boyd asked if it will require significant changes in the way the staff does business at this point. 

 

Mrs. Alsop said it is not going to change a lot in the accounting software.  Hopefully, the Public Works Department has a listing of the streets, etc. 

 

Alderman Leahy asked if the police and firemen’s pension plan is fully funded.

 

Mrs. Alsop said the plan is not fully funded.  On page 17, you have an unfunded actuarial accrued liability of $7 million.  You are actually putting more money into the fund and trying to get it funded faster than what you are actually required to put in.  They take the difference between what is required to be put in and what you put in and give you what they call an asset for that pension.

 

Mayor Kelly thanked City Administrator Seemayer and the accounting staff for doing an excellent job and making sure that the funds are spent appropriately.

 

BIDS – NONE

 

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

 

Andy Truss – 2825 Brazeau – came before the Board and said they have some issues with MTTA Development on the Suburban Tracks project.  He asked the Board to hold on the vote of the re-subdivision. 

 

Mayor Kelly said the City has not received any formal notification that the work has been completed, which was recommended at the last meeting.   

 

Mayor Kelly said after the last Board of Aldermen meeting the Board in executive session voted to purchase that property if the lot becomes subdivided.  The reason is to  increase the parking for the parks. 

 

Mr. Truss said what would the City do if there were a contract on the property.

 

Mayor Kelly said the sale would probably go through and then the City would deal with the owner of the property. 

 

Mr. Truss said that property is not for sale. 

 

Mayor Kelly said the Board felt that it would be in the best interest of the City to purchase that property and that eminent domain would be used if needed.

 

Mr. Truss asked if eminent domain would be used on the total area.

 

Mayor Kelly said on the subdivided lot.  The City is not planning to build anything on it right away.   As long as the abatement was done that was required by the property owner for his construction, the City would be buying the property as is.  

 

Pioneer Bank Architectural Elevation Change

 

Ron Johnson – Arcturis – 1910 Pine Street came before the Board and said he is representing Pioneer Bank.  He is here to update everyone on the design of Pioneer Bank at the corner of Brentwood Boulevard and Pine Avenue.   He showed everyone the proposed elevations.  There has been no changes with the site plan or anything with the planning and zoning requirements.  As they looked back at the design, they concluded that it did not have a community friendly elevation.  They redesigned it to put a gable type roof on the building.  They also changed the design to be colonial and consistent with some of the buildings in Brentwood. 

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Motion was made by Alderman Boyd, second by Alderman Leahy to give Bills No. 5186, 5187, 5188, 5189 and 5190 first and second readings.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

Bill No. 5186 – Contract with City of Rock Hill

 

City Attorney Murphy gave Bill No. 5186, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT ON BEHALF OF THE CITY OF BRENTWOOD, MISSOURI, FOR THE DISPATCH SERVICE TO BE PROVIDED TO THE CITY OF ROCK HILL FOR POLICE, FIRE AND AMBULANCE CALLS, its first and second readings.

 

Alderman Leahy said page 2, section 2, states that all payments will be paid on a quarterly basis; section 3, states that the payment for prisoners will be done on a monthly billing.  Does that mean the City will not see exchange of money on prisoners quarterly?

 

City Administrator Seemayer said there are two separate areas of billing.  One is for the dispatching service and such which is Exhibit A.  The prisoners fall under Exhibit B and they are billed and paid monthly. 

 

Alderman Leahy said Exhibit B also establishes that the City will hold no prisoner for more than a 48 hours period.  What is the correct procedure after 48 hours?

 

Mayor Kelly said 48 hours is the maximum time they can hold a prisoner.  At that time they have to be sent to St. Louis County. 

 

Alderman Leahy asked if the transportation of the prisoners would fall under Brentwood.

 

Mayor Kelly said Rock Hill would transport them. 

 

Alderman Leahy asked what happens if Rock Hill has a prisoner that does not meet Brentwood limitations.  Is Brentwood forced to take on a prisoner that it cannot handle?

 

Mayor Kelly said if it came to that they would take that prisoner directly to St. Louis County.

 

Alderman Boyd asked what is the basis for the $15.00 a day fee. 

 

City Administrator Seemayer said the $15.00 is to handle some of the costs associated with the food the prisoners are served and paper clothing that is provided.

 

Alderman Boyd said the terms and conditions states that expenses related to system upgrades to add Rock Hill to the Brentwood dispatch system will be borne by the City of Brentwood.  What is the City getting into with that?

 

City Administrator Seemayer said that is factored into the one time setup expense.  The City needed an additional computer at the dispatch station and a couple of pieces of additional equipment.

 

Mayor Kelly said the benefit to the City of Brentwood by approving this is that the City will be increasing the service to residents in the peak hours of operation; two shifts of the regular business day Brentwood will have two dispatchers on duty.  They will be hiring three new dispatchers to fulfill those shifts during regular operation.  They will be hired understanding that they are employees with the City of Brentwood as long as the contract is enforced with the City of Rock Hill. 

 

Motion was made by Alderman Boyd, second by Alderman Robertson to approve and adopt Bill No. 5186.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5186 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3889.

 

Bill No. 5187 – Amending Chapter 12 – Issuance of Business License

 

City Attorney Murphy gave Bill No. 5187, AN ORDINANCE AMENDING CHAPTER 12, SECTION 20 BY DELETING THE EXISTING SECTION 20 AND ENACTING A NEW SECTION 20 WHICH WILL ESTABLISH ADDITIONAL PROCEDURES AS PRECONDITIONS TO ISSUANCE OF A BUSINESS LICENSE; REPEALING ALL CONFLICTING ORDINANCES; AND, ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Mayor Kelly asked if section 2, (c), should be amended which states, “Dog licenses are hereby excepted from the provisions of this section”.

 

City Attorney Murphy said it is excepted from application. 

 

Zoning Administrator Wolf said they moved a couple of words in subsection (a), but subsection (d) was added.  The purpose behind this change is that there was an issue heard at the Circuit Court, which the City ended up prevailing on because the applicant did not exhaust all administrative remedies.  He made a point in the suit that was pretty valid.  The City was requiring the approval of the fire marshal and the building and zoning department as a precondition of issuing a business license.  They had that authority under the occupancy certificate but not under the business licenses, so they thought it might be a good idea to add it. 

 

Motion was made by Alderman Golfin, second by Alderman Boyd to approve and adopt Bill No. 5187.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5187 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3890.

 

Bill No. 5188 – Amending the Police and Firemen’s Pension Plan

 

City Attorney Murphy gave Bill No. 5188, AN ORDINANCE PROVIDING FOR THE ADOPTION OF THE SECOND AMENDMENT OF THE THIRD AMENDED AND RESTATED CITY OF BRENTWOOD POLICE AND FIREMEN’S PENSION PLAN; PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Motion was made by Alderman Boyd, second by Alderman Leahy to approve and adopt Bill No. 5188.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5188 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3891.

 

Bill No. 5189 – Plat for Subdivision of Property at 2438 Cecelia

 

City Attorney Murphy gave Bill No. 5189, AN ORDINANCE APPROVING A PLAT FOR SUBDIVISION OF PROPERTY NUMBERED 2438 CECELIA AVENUE AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Leahy said they had a Ward 3 meeting in which some residents came up and addressed the subdivision.  Their biggest concern is that walkway width.    They are concerned with having a 5-foot wide pathway and having privacy fences on both sides of them for the privacy of the neighbors and the landowners.  The dilemma being that it is a long stretch for a youth on a bicycle or passing people on the walkway.  They are hoping that the City might be creative enough to come up with a way to alleviate that squeeze problem.

 

Mayor Kelly said the issue stems back to when the City abandoned their right of way or easement through that area and only retained 5-feet.    The goal would be to put in an 8-foot wide path through the entire stretch and still allow a foot or so on each side of the path.  In exchange the City would put up a privacy fence that is consistent throughout that corridor. 

 

Alderman Boyd said the tear down and new housing trends in the area continue.   He asked how quickly would the City be in a better position to actually regulate what is increasingly becoming garages with houses attached to them, as opposed to homes with garages.

 

Mayor Kelly said the housing group met once or twice and they have another meeting scheduled.  He was very encouraged at the Planning and Zoning Commission meeting when the developer stated that they have located their business in Brentwood and that they would like to continue to build homes in Brentwood because they see it as a good market.  At the same time they would be willing to work with the City to see if they could come up with different style houses that might better fit into the neighborhoods.  The developer pointed out that when you are doing new construction, people look for many things that they are putting into their houses, which is a two-car garage and three to four bedroom houses with 2 ½ baths.  It is very difficult to construct that when the minimum in the City of Brentwood is 40 feet of frontage from the street.  Many of the lots are 40 feet.  There has to be some work done to look at those issues and how to resolve them. 

 

Alderman Golfin said the neighborhood associations and trust associations should form and get together when there is an architectural question about a change in the nature of the community.  Those groups can be very effective and bring in a resolution of the problem and usually development can proceed without any aggravation about changing the character of the neighborhood.  

 

Motion was made by Alderman Leahy, second by Alderman Golfin to approve and adopt Bill No. 5189.  Roll call:  Alderman Boyd, no; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The vote is 4 ayes, and 1 nay.  Motion does not carry.  Bill No. 5189 fails. 

 

Mayor Kelly asked Alderman Boyd why he voted “no” on Bill No. 5189. 

 

Alderman Boyd said he is not comfortable with the overall housing design scheme in the community.

 

Mayor Kelly suggested that the applicant come back with another bill when the full board is present.

 

Bill No. 5190 – Signage Package for Meridian at Brentwood

 

City Attorney Murphy gave Bill No. 5190, AN ORDINANCE APPROVING A SIGNAGE PACKAGE DETAILING PROJECT AND MERCHANT IDENTITY SIGNAGE; AMENDING ORDINANCE NUMBERS 3746 AND 3839 TO INCLUDE THIS APPROVAL; AND, ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Motion was made by Alderman Leahy, second by Alderman Robertson to approve and adopt Bill No. 5190.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5190 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3892.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Golfin, second by Alderman Robertson to approve the revised warrant list dated June 16, 2003 as presented.  All in favor none opposed.

 

REPORT OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Executive Session

 

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

 

Electrical Permits

 

Mayor Kelly said he attended a public hearing last week with respect to the county’s proposal to take over electrical inspections.  It is the stance of the City to oppose that.  The City provides a much better service.   A letter was drafted for the elected officials to sign opposing them doing that.  The letter will be forwarded to the county council members.

 

Golf Tournament

 

Mayor Kelly announced the Invitational Golf Tournament would be held Friday, June 20th.  It is a charity event.  The beneficiaries are Brentwood Foundation, Brentwood Jr. Football Team and Brentwood Swim Team.

 

Entrance

 

Mayor Kelly said the entrance outside City Hall would be closed as of tomorrow for the next two months while they build the new foyer.  The handicapped access will be in the front of City Hall. 

 

Public Safety Committee  - No further 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 Double D Lounge is requesting permission to sell beer outside the restaurant for the Mutiple Sclerosis fundraiser on July 26th

 

Motion was made by Alderman Robertson, second by Alderman Golfin to approve the Special Use Permit for Double D Lounge.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

Special Use Permit – Sink or Swim

 

Mayor Kelly said Sink or Swim Golf Balls located at the corner of White Avenue and Brentwood Boulevard is requesting a special use permit.

 

Deanna Plab – Sink or Swim Golf Balls came before the Board and said she is the owner and an educator at Hancock Place School District.  They donate a portion of the proceeds to the Hancock Place School District students.  They have retrieval contracts with area golf courses on both sides of the river.  She has someone dive for the golf balls, clean them and resell them as reclaimed golf balls at a discounted price.  It is not a garage sale.  It is a legitimate business. 

 

Alderman Leahy said since you are running a business, why should the City give you an exemption from establishing a formal place of business and business license versus the special use permit. 

 

Mrs. Plab said because she does not own the property.  She leases it from Froesel Printing.  As far as having her golf balls inside the place of business they do not have enough room.  She considers her business a seasonal business. 

 

Alderman Boyd asked what is the justification for the no votes from zoning, police and fire. 

 

Zoning Administrator Wolf said normally businesses are conducted inside of a building or people have to go out and rent space.  The operation is totally an outdoor function.  A year ago when this first came up the mood was to get this operation out of a residential neighborhood.  He could see making an exemption from the normal zoning requirements for an eleven-month period.  Now it is before the Board again and it is not fair to the other businesses to allow this business to go without any kind of zoning regulations. 

 

Alderman Boyd asked if the City has any street vendor classification that it would fall under.

 

Zoning Administrator Wolf said it is not tailored to that particular type of business.  A street vendor is one who goes through the streets of the City with a cart, etc. 

 

Alderman Golfin asked if it would be a continuous day-to-day operation for one year or is it seasonal for a month in the summer, etc.

 

Mrs. Plab said last year they received a permit to operate in June and she kept selling until late November. 

 

Mayor Kelly said when this was first approved last year they thought it was more of a temporary short-term operation.   The issues that were brought up last year by the public were that it was a tailgate sale or a garage sale.  And it is a permanent one on one of our major corridors in the City.  His concern is if they grant this one how can they say no to the next Special Use Permit when the person wants to sell sunglasses on the Walgreens parking lot for a year.  The City is setting precedence by doing this.  Special Use Permits are one day or weekend events.  Business licenses and operations are a completely different category. 

 

Mrs. Plab asked if she could do a prefabricated building.  She could leave it on the Froesel parking lot, so it would be more permanent.  As far as a vending license, she also has a stand in Illinois and she pays a $10.00 vendor fee per day. 

 

Mayor Kelly said if you were going to put a building on that site the proposal would have to be drawn up and then submitted to Planning and Zoning for approval. 

 

The Board took no action on the Special Use Permit request for Sink or Swim Golf Balls.

 

Ways and Means Committee – No further report

 

Planning and Zoning – No report

 

City Attorney – No report

 

City Clerk/Administrator – No further report

 

Director of Economic Development – No report

 

Excise Commissioner

 

Liquor License Renewals

 

Excise Commissioner Clements came before the Board and said the liquor licenses for 2003 is before the Board to be renewed.  There are 22 applicants.

 

Alderman Leahy said in regards to Arch Energy/Mobil Station he would like the staff to look at why the City is allowing a liquor license with driving involved.  He would like to discourage such a relationship.

 

Mayor Kelly said it is a package liquor license.  They are not selling it by the drink.  The one concern, especially with gas stations is they are selling the 16-ounce cans which people are buying and opening up in their cars.  The City does not have any jurisdiction over that. 

 

Motion was made by Alderman Golfin, second by Alderman Cross to approve the liquor license renewals for 2003.  Roll call:  Alderman Boyd, yes; Alderman Leahy, no; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

Temporary Liquor License Request

 

Excise Commissioner Clements said the American Legion Goff-Moll Post 101 is requesting a temporary liquor license request to sell beer at Brentwood Days Festival in September. 

 

Motion was made by Alderman Boyd, second by Alderman Robertson to approve the temporary liquor license request for Goff-Moll Post 101 to sell beer in Brentwood Park at the Brentwood Days Festival.  All in favor none opposed.

 

Liquor License Request

 

Excise Commissioner Clements said he has an application for a liquor license request for the Viking Culinary Arts Center at 811 Brentwood Boulevard for the last two weeks in June.

 

Motion was made by Alderman Leahy, second by Alderman Golfin to approve the liquor license request for Viking Culinary Arts Center.  All in favor none opposed.

 

Library – No further report

 

Municipal League – No report

 

Waste Management Commission – No further report

 

Stormwater Management

 

Funding for Projects

 

Alderman Golfin said Otto Lickenbrock has distributed a letter to all elected officials and staff.  Funding has not been fully provided.  Of the stormwater/park funds only 9% is reaching stormwater projects.  In addition to that there is the issue of coordinating with MSD and they are in a state of turmoil.   They feel that funding should be supplied.  Because these stormwater projects move rather slowly they do have to continuously work on them even when the sun shines. 

 

Mayor Kelly said commended the Stormwater Commission for working very diligently over the years and has been the force behind acquiring or getting MSD to facilitate projects.  It would not have happened if it were not for the work of that Commission. 

 

The Stormwater Commission will be meeting tomorrow night. 

 

Communication – No report

 

Insurance Committee – No report

 

UNFINISHED BUSINESS

 

Recall of Bill No. 5189

 

Alderman Boyd said he would like to recall Bill No. 5189 for consideration.

 

City Attorney Murphy suggested going into executive session to discuss it.  He said if you were in the majority of the voters on the bill you could ask for a recall.  If you were not in the majority, he does not think you could ask for a recall under Robert’s Rule of Order. 

 

Motion was made by Alderman Robertson, second by Alderman Leahy to recall Bill No. 5189.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

Alderman Boyd said while he intends to pursue a higher quality of housing, it was not his intent to derail it.  Due to the Board’s low attendance tonight he was a bit surprised it did not carry. 

 

Motion to approve Bill No. 5189

 

Motion was made by Alderman Golfin, second by Alderman Leahy to approve and adopt Bill No. 5189.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5189 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3893.

 

NEW BUSINESS

 

Electrical Permits

 

Alderman Leahy said they received a letter from St. Louis County Council concerning the electrical ordinance arrangement.  There is a meeting on Monday, June 23rd for the City to participate as a member on that committee. 

 

Presentation of Proclamation

 

Alderman Leahy said at the last Board of Alderman meeting the Mayor gave him the opportunity to present a plaque to Margaret Bush retiring from St. Mary Magdalen.  The proclamation received a standing ovation and tears from Mrs. Bush for a job well done by herself and by the City of Brentwood for recognizing her.

 

Committee Appointment

 

Motion was made by Alderman Golfin, second by Alderman Robertson to appoint Amy Kekerler to the Stormwater Management.  All in favor none opposed.

 

Recess

 

The meeting was recessed at 8:26 p.m. for an executive session legal and real estate matters.

 

Executive Session

 

Motion was made by Alderman Golfin, second by Alderman Boyd to enter executive session on legal and real estate matters at 8:30 p.m.  All in favor none opposed.

 

After discussion on legal and real estate matters, motion was made by Alderman Boyd, second by Alderman Robertson to return to open session at 9:16 p.m.  All in favor none opposed.

 

ADJOURNMENT

 

Motion was made by Alderman Boyd, second by Alderman Robertson to adjourn the meeting at 9:17 p.m.  All in favor none opposed.

 

 

                                                                                                                                               

                                                                                    Pat Kelly, Mayor

 

Attest:

 

                                                           

Chris Seemayer, City Clerk