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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

 

City Hall                                                                                                           July 21, 2003

Council Chambers                                                                                            7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

 

Present:            Alderman Boyd (by telephone), Alderman Leahy, Alderwoman Mehler, Alderman Robertson, Alderman Cross.

 

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

 

Absent:             Alderman Marshall, Alderman Golfin and Alderman Wynn.

 

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

 

Motion was made by Alderwoman Mehler, second by Alderman Robertson to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of July 21, 2003.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

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

 

Motion was made by Alderman Robertson, second by Alderwoman Mehler to approve and adopt the Minutes of the Regular Board of Aldermen meeting of June 16, 2003.  Roll Call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

PROCLAMATION – Frederick Woodall

 

Motion was made by Alderman Boyd, second by Alderman Cross to approve the proclamation for Frederick Woodall on the occasion of his 90th birthday.  All in favor none opposed. 

 

COMMENDATIONS – Police Department

 

Police Chief Knight came before the Board and asked Lieutenant David Callaway, Officer Jim McIntyre and Officer Michael Johnson to come forward.  He stated that on June 16th about 11:00 p.m. the officers received a call from a resident about a person inside a garage on Brazeau.  Subsequently the resident confronted the person in the garage inquiring as to what they were doing there.  The person became belligerent and threatened the individual.  The subject then left and proceeded down the alleyway.  Lieutenant Callaway happened to be in the 2800 block of Brentwood Boulevard and saw the subject running across the street.  He was asked to stop and he did not.  Officers McIntyre and Johnson were also assisting on the call.  The subject was cornered on the Schnucks lot and the officers were able capture him.  He was on probation for robbery and burglary.   Because of the officers’ knowledge and ability to be able to deal with this individual, they were able to arrest him without incident.  Chief Knight presented the commendations to Lieutenant Callaway, Officers McIntyre and Johnson. 

 

Lieutenant Disbennett brought to his attention the outstanding performance that Detective/Sergeant Freeman completed.  Over the last seven years there have been numerous thefts of packages from doors in Brentwood Forest.  Many officers conducted surveillances but the stealing continued.  Detective Freeman had a call from a young lady that had been a victim of package theft.  He went above and beyond to set up surveillance for several days and caught a fourteen-year-old girl taking the packages.  She admitted to stealing over 150 packages over the last several years and started when she was in the second grade.  He commended Detective Freeman and presented him with a commendation. 

 

BIDS – None

 

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

 

Otto Lickenbrock – 2302 St. Clair and member of the Stormwater Commission came before the Board and said a letter was distributed to elected officials and staff from Chairman Golfin.  In 1994 when this was set up it was set up so that stormwater funds would get 50% of the revenue from the tax and parks would get the other 50%.  He is recommending that the stormwater and parks budget be separated.  This tax is generating $1.3 million a year.  They are recommending $650,000 for stormwater and $650,000 for parks.  After eight years, they have gotten 9% and the rest went somewhere else.  The program is dead because they do not have any money.  This has affected the project schedule tremendously.   They are asking for more cooperation between them and the Board of Alderman and staff.

 

Public Hearing – Conditional Use Permit – Centene Corporation

 

Mayor Kelly announced the public hearing for a Conditional Use Permit for Centene Corporation would now be heard at 7:15 p.m.

 

Zoning Administrator Wolf came before the Board and said the Conditional Use Permit is for a private day care for the employees of Centene Corporation at 1243 Hanley Industrial Court.  They will employ between four and six employees who will do office work as well as monitor the children’s activities. 

 

Alderman Leahy asked what is the height of the fence they are putting in.

 

Zoning Administrator Wolf stated that it is a six-foot, site proof, vinyl fence, which surrounds a play area.  It is for security reasons as well as privacy.  They have also agreed to plant a large number of trees on that lot.  The City has requested they delay that until the Strassner Road situation is decided.

 

With no comments from the audience, the Mayor announced the public hearing closed at 7:19 p.m.

 

Public Hearing – Amending Zoning Regulations

 

Mayor Kelly announced the public hearing for amending zoning regulations would now be heard at 7:20 p.m. 

 

Zoning Administrator Wolf said the amendment has to do with massages.  Brentwood’s definition of massage therapy specifically outlaws massages anywhere in any zoning district of the city.  The license requested would be for a legitimate body massage, dealing with therapeutical, as well as relaxation techniques. 

 

Alderman Leahy stated the bill that is before the Board for passage does require the state licensing certification for the massage masseuse to work with.  But it does not require those licenses to be posted in a public area inside the facility.  He would like the bill amended to include the posting of the licenses in a public area in the facility. 

 

With no further comment, Mayor Kelly announced the public hearing closed at 7:23 p.m.

 

Andy Truss – 2825 Brazeau came before the Board and requested a meeting with the Public Works Committee to discuss the subdivision of property.

 

Alderman Robertson stated that he is in the process of setting up a meeting for the Public Works Committee. 

 

Amy Krekeler – 9009 White came before the Board and read a letter from Karen Smith who is a resident at 8930 Harrison and member of the Stormwater Task Force.  The letter is attached to the minutes. 

 

Melinda Farrar – 8926 Moritz came before the Board and said she is a member of the Stormwater Commission.  The Stormwater Commission is made up of all volunteers that have invested a lot of time.  It is pretty sad that nothing is happening on the committee.  They have in the past completed some major projects.  They need to know if there is a solution and should they continue their volunteer work. 

 

Kathryn Jepson – 2328 Annalee came before the Board and said the West Community Credit Union proposal was put on hold some weeks ago.  They are coming before the Board of Adjustment.   

 

Mayor Kelly stated that he talked to Mr. Hindrichs with West Community Credit Union a few weeks ago and they are proposing to the Board of Adjustment to tear down the dentist building and build their parking lot on that lot.

 

Mrs. Jepson said she does not understand how something could be on hold at the Board of Alderman level, but there is a different proposal going before the Board of Adjustment. 

 

Mayor Kelly said whatever happens at the Board of Adjustment level will have to go back to the Planning and Zoning Commission.  Whatever recommendation the Planning and Zoning Commission makes, it would then come to the Board of Alderman.

 

Robert Loynd – 9365 Parkside came before the Board and said he talked to the neighbors and has seen the problem himself concerning the runoff from Mount Calvary Church.  When it rains there is a stream running between their yards.  It runs off the church parking lot.   The engineers who designed that property did not take into consideration the neighbors.  It does not appear to him that it would take too much to solve that problem.  Some type of conduit could be installed that would run the water into the sewer system on Litzsinger.  The community has to address things like this. 

 

Mayor Kelly said when the proposal for the stormwater sales tax was put on the ballot the classification of the tax was stormwater/parks.  The way it was proposed was that if it passes the City would eliminate the utility taxes, which means they would be taking that revenue out of the general revenue fund.  All of the projects are important.  The Stormwater Commission has done a great service to the city by getting some very significant projects done.  They have been able to get those projects done because of their efforts and matching funds to encourage MSD to do those projects.  This year and last year the City budget has been very tight.  Funds are allocated every year based on the priorities given to them.  That is what the Board of Alderman does every year when they approve the budget.  He understands the frustration of the committee that there was not a big project done this year but there were many things the City did not do this year. 

 

Mayor Kelly said he had many meetings with Mount Calvary and it is a civil issue.  Mount Calvary is shedding water onto private property.  He has made some suggestions to them to fix that problem and offered that the City would supply the labor to do those improvements if they would pay for the materials.  Mount Calvary has not taken him up on that. 

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

Motion was made by Alderman Leahy, second by Alderman Robertson to give Bill No. 5191, 5192, 5193, 5194 and 5195 first and second readings.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

Bill No. 5191 – Designating Fire Lanes

 

City Attorney Murphy gave Bill No. 5191, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, SECTION 14-1002, SCHEDULE B-1, BY DESIGNATING FIRE LANES FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND, PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings. 

 

Motion was made by Alderman Robertson, second by Alderman Leahy to approve and adopt Bill No. 5191.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5191 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3894.

 

Bill No. 5192 – Amending Chapter 25

 

City Attorney Murphy gave Bill No. 5192, AN ORDINANCE AMENDING CHAPTER 25 OF THE REVISED CODE OF THE CITY OF BRENTWOOD, MISSOURI BY AMENDING SECTION 25-2 TO ALLOW CERTAIN TYPES OF LEGAL MASSAGE UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings.

 

Alderman Leahy stated that on page 2, section 1, second paragraph of Bill No. 5192 needs to be amended to establish that those licenses be visible in a common area inside the establishment. 

 

Motion was made by Alderman Leahy, second by Alderwoman Mehler to amend Bill No. 5192 as stated above. Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

Motion was made by Alderman Leahy, second by Alderman Robertson to approve and adopt Bill No. 5192 as amended.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5192 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3895.

 

Bill No. 5193 – Conditional Use Permit - Centene Corporation

 

City Attorney Murphy gave Bill No. 5193, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO THE CENTENE CORPORATION WHICH ALLOWS USE OF PROPERTY NUMBERED 1243 HANLEY INDUSTRIAL COURT AS A PRIVATE DAY CARE FACILITY; APPROVING A SITE DEVELOPMENT PLAN FOR 1243 HANLEY INDUSTRIAL COURT WHICH ALLOWS FOR CONSTRUCTION OF AN OUTDOOR PLAY AREA TO BE FENCED AND LANDSCAPED; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE; AND, ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Motion was made by Alderman Cross, second by Alderwoman Mehler to approve and adopt Bill No. 5193.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5193 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3896.

 

Bill No. 5194 – Parking by the Physically Disabled

 

City Attorney Murphy gave Bill No. 5194, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW PARAGRAPH TO SECTION 14-1004, SCHEDULE D, PARKING OF VEHICLES BY THE PHYSICALLY DISABLED AT 1706 REDBIRD COVE; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its first and second readings.

 

Motion was made by Alderwoman Mehler, second by Alderman Leahy to approve and adopt Bill No. 5194.  Roll call:  Alderman Boyd, yes; Aderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes.

 

The Mayor thereupon declared Bill No. 5194 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3897.

 

Bill No. 5195 – Cost Participation Agreement

 

City Attorney Murphy gave Bill No. 5195, AN ORDINANCE REPEALING ORDINANCE NO. 3882 AND ENACTING IN LIEU THEREOF A NEW ORDINANCE WHICH AUTHORIZES THE MAYOR TO ENTER INTO A COST PARTICIPATION AGREEMENT WITH METRO FOR THE STRASSNER ROAD EXTENSION IMPROVEMENT, its first and second readings.

 

Mayor Kelly stated that since Costco pulled out of the redevelopment, they have been talking with MLP and Metro.  It is important that the City try to have a grade separated crossing at that intersection.  He requested the Bill be amended in the bill title and in section 1 as follows: “an amended” should be inserted before “COST PARTICIPATION AGREEMENT with Metro”.  At this point the only way they could get Metro to proceed with the construction of that bridge is if the City guarantee through the general revenue funds that they would be able to reimburse Metro.  Other possibilities that will help funding include the MLP project, RFP for RPA 1 which was the Costco site to generate TDD funds, forming a TDD district for that area of the city which would include the Promenade, Home Depot and all of the businesses in Hanley Industrial Court and use those funds to help pay for the roadway improvement.  By doing that they would have enough funds to make all the improvements to the roadway, not just the bridge itself, but the additional widening of Strassner.  The worse case scenario in guaranteeing funds would be in January of 2006 if everything else fails and the City couldn’t get a tax increase, the City would implement to the voters the taxes that they have been abating to the residents which include the park and street bond issue taxes, levies that were approved by the voters that the City has been paying out of the general revenue fund.  That would free up $500,000 a year that the City could reimburse Metro for the bridge.  Otherwise there is no way that they are going to construct that bridge since the City doesn’t have a signed redevelopment agreement with anybody for either one of those two sites. 

 

When Costco pulled out Bi-State pulled all their engineers and so forth and went back to their original plan.  It is going to take a lot to get them back on board even with this guaranty because they do not want any delays in their project.  It is vital that the City get back to them. 

 

Motion was made by Alderman Leahy, second by Alderwoman Mehler to amend Bill No. 5195 by adding the words, “an amended” to the bill title and section 1 of the bill.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

Motion was made by Alderman Leahy, second by Alderwoman Mehler to approve and adopt Bill No. 5195 as amended.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

The Mayor thereupon declared Bill No. 5195 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3898.

  

Resolution No. 894 – Preliminary Agreement – MLP

 

Mayor Kelly said Resolution No. 894 would be discussed in executive session.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderwoman Mehler, second by Alderman Robertson to approve the revised warrant list dated July 21st.  All in favor none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Executive Session/Legal Matter

 

Mayor Kelly announced an executive session/legal matter would be held following the regular meeting.

 

Public Safety Committee

 

Injured Firefighters

 

Alderwoman Mehler announced that firefighters David Niemeyer and Matt Stoverink were injured while assisting in a Webster Groves fire, but are doing well.

 

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

 

Temporary Liquor License – Café Linguini and Ruby’s Brentwood Inn

 

Motion was made by Alderman Cross, second by Alderwoman Mehler to grant the temporary liquor license requests to Café Linguini and Ruby’s Brentwood Inn for Brentwood Days.  All in favor none opposed.

 

Library – No report

 

Municipal League – No report

 

Waste Management Commission – No report

 

Stormwater Management – No report

 

Communication - No report

 

Insurance Committee – No report

 

UNFINISHED BUSINESS - None

 

NEW BUSINESS – None

 

Executive Session

 

Motion was made by Alderman Cross, second by Alderman Leahy to enter into executive session on a legal matter at 8:23 p.m.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

After discussion on a legal matter, motion was made by Alderman Cross, second by Alderman Leahy to return to open session at 8:51 p.m.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

Resolution No. 894 – Preliminary Agreement - MLP

 

Motion was made by Alderwoman Mehler, second by Alderman Leahy to approve and adopt Resolution No. 894.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

ADJOURNMENT

 

Motion was made by Alderman Cross, second by Alderman Boyd to adjourn the meeting at 8:50 p.m.  Roll call:  Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.

 

 

                                                                                                                                               

                                                                                    Pat Kelly, Mayor

 

Attest:

 

                                               

Chris Seemayer, City Clerk