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MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

City Hall

September 16, 2002

Council Chambers

7:00 p.m.

 

The Mayor led with the Pledge of Allegiance.

ROLL CALL

Present: Alderman Boyd (7:02 p.m.), Alderman Marshall, Alderman Leahy, Alderman Golfin, Alderwoman Mehler, Alderman Robertson, Alderman Wynn, Alderman Cross.

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

Absent: None.

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF SEPTEMBER 16, 2002

Motion was made by Alderman Golfin, second by Alderman Wynn to approve and adopt the Agenda of the Regular Board of Aldermen Meeting of September 16, 2002. 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 AUGUST 19, 2002

Motion was made by Alderman Golfin, second by Alderman Leahy to approve and adopt the Minutes of the Regular Board of Aldermen Meeting of August 19, 2002 as delivered. 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.

Al Kerth

Mayor Kelly said today he attended a service for the funeral of Al Kerth. He was very well known in the St. Louis community, a Brentwood resident and very influential in many major projects in the St. Louis area. He asked for a moment of prayer.

BIDS – None

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

Bonnie Rasmussen – 8828 Pendleton came before the Board and said she is responding to the Mayor’s note in the September Brentwood Bulletin about the continuation of the work on the Comprehensive Plan. With all of the pressure at the moment in the southeast part of Brentwood perhaps you could jump start this comprehensive planning effort by looking specifically at south Brentwood and help everyone that lives in south Brentwood with getting a clearer vision of the future.

Sharon Boshans – 2905 Brazeau came before the Board and said she lives in the area that’s being considered by Mills Properties. She has seven signed petitions from Brazeau residents stating that they will not entertain the idea of selling their homes. She spoke to the owners of the rented homes and many of them are not willing to sell. The other people that did not want to sign the petition said that they wanted to wait and see how high the offers were going to be. One of the concerns for the Mills project is all of the additional traffic.

Mayor Kelly said from the City’s standpoint if there are that many residents on Brazeau that do not want to entertain selling their properties the project would not go forward. The City has never used eminent domain to force anybody out of their houses and would not start to do that now. At the same time, they are in no hurry for a developer of any kind to start construction.

Public Hearing – Site Plan for Meridian at Brentwood

Mayor Kelly said at the last meeting they had a site plan before them for the Meridian project. In order for that to be passed by the Board, a public hearing was needed.

Mayor Kelly announced the public hearing for a conditional use permit/site development plan for the Meridian at Brentwood would now be heard at 7:15 p.m.

Alderman Robertson said the proposed bill needs to be amended. He has some concerns about the traffic flow through the road in the back of the project, which has always been intended by the City to go from Eager to Hanley Road.

Mayor Kelly said the amended bill could state that the zoning administrator would have final say on the road layout.

Alderman Golfin said the traffic situation needs a closer look. He would like to see the recommendation from the zoning administrator.

Mayor Kelly thanked the representatives from DCM Management for being as diligent as they have in working hard to bring this project before the Board. A lot of factors have taken place within the last year and a half when this project first started both economically and nationally, yet they have been committed to this project and the City of Brentwood.

Mayor Kelly announced the public hearing closed at 7:17 p.m.

Public Hearing – Conditional Use Permit for Catanzaro Produce

Mayor Kelly announced the public hearing for a conditional use permit for Catanzaro Produce would now be heard at 7:25 p.m.

Alderman Leahy asked if there are any ordinances in the City of Brentwood that would prevent the use of an outdoor tent as a place of doing business.

Mayor Kelly said it would need a conditional use permit.

Alderman Leahy asked if there is an established method of securing that tent to the parking lot.

Zoning Administrator Wolf said the tent has to be tied down at each corner and perhaps at center posts if such are installed.

Alderman Marshall asked what is the size of the tent.

Zoning Administrator Wolf said it is no bigger than 20X30. It fits on four parking spaces.

Alderman Wynn asked what was the feeling of the Planning and Zoning Commission.

Zoning Administrator Wolf said they passed it with approval for the tent. They seemed to be more concerned about the color than the tent being there. Most of them, as well as the residents that have spoken on it, felt that a produce retail outlet in Brentwood is going to be a good idea.

Alderman Golfin said he heard some of the Planning and Zoning Commission’s comments on this and he thought that the review by the Planning and Zoning Commission was very thorough. All of the conditions look very extensive and it looks like a good thing.

Mayor Kelly announced the public hearing closed at 7:28 p.m.

Public Hearing – Property Tax Rate

Mayor Kelly announced the public hearing for the City of Brentwood property tax rate would now be heard at 7:35 p.m.

City Administrator Seemayer said at the August Board of Aldermen meeting the City set its tax rate and were then notified by the State that because of the number of digits that they allow, which is a four digit rate, as compared to a three digit rate with St. Louis County, the City had to amend that rate. The police and Firemen’s pension originally was set at .24 cents, which is now .235 cents. The library rate was originally set at .18 cents and it is now being set at .178 cents. It does not affect the amount of money that they get because these valuations continually flux up and down as they come in. The amounts projected for them to receive remains the same, but the rate will be seven-tenths of one cent lower.

Mayor Kelly announced the public hearing closed at 7:36 p.m.

INTRODUCTIONS, READINGS AND PASSAGE OF BILLS AND RESOLUTIONS

1st and 2nd Readings of Bills

Since Bill No. 5132 was placed on hold at the last meeting and was given its first and second readings at that time, the Mayor asked City Attorney Murphy to read the bill a third time.

Motion was made by Alderman Cross, second by Alderman Marshall to give Bill No. 5132 a third reading and Bills No. 5133, 5134, 5135, 5136 first and second readings.

Bill No. 5132 – Site Development Plan

Motion was made by Alderman Robertson, second by Alderman Golfin to amend Bill No. 5132 by adding a section that states the zoning administrator would have final approval of the road through the project. 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.

City Attorney Murphy gave Bill No. 5132, AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PLAN APPROVAL PREVIOUSLY GRANTED BY ORDINANCE NO. 3746; PROVIDING AMENDED CONDITIONS OF SUCH CONDITIONAL USES; APPROVING A SITE DEVELOPMENT PLAN FOR THE SITE; AND, ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its third and final reading.

Motion was made by Alderman Boyd, second by Alderman Marshall to approve and adopt Bill No. 5132 as amended. 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. 5132 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3839.

Bill No. 5133 – Conditional Use Permit for Catanzaro Produce

City Attorney Murphy gave Bill No. 5133, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO CHARLES AND SHARON CATANZARO d/b/a CATANZARO PRODUCE WHICH PERMITS UNDER CERTAIN CONDITIONS THE USE OF CERTAIN DESCRIBED PROPERTY FOR OPERATION OF A RETAIL SALES FACILITY INVOLVING OUTDOOR INVENTORY AND DISPLAY OF MERCHANDISE; PROVIDING THE CONDITIONS OF SUCH USAGE; AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

Motion was made by Alderman Golfin, second by Alderman Cross to approve and adopt Bill No. 5133. 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. 5133 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3840.

Bill No. 5134 – Property Tax Rate

City Attorney Murphy gave Bill No. 5134, AN ORDINANCE AMENDING ORDINANCE NO. 3835 TO CONFIRM, RATIFY AND APPROVE THE RATE OF TAX TO BE ASSESSED AND COLLECTED FOR EACH ONE HUNDRED DOLLARS ($100) OF ASSESSED VALUATION FOR THE YEAR 2002 FOR; (A) GENERAL MUNICIPAL PURPOSES; (B) TO PAY PRINCIPAL AND INTEREST AS THE SAME MATURES ON INDEBTEDNESS OF THE CITY OF BRENTWOOD EVIDENCED BY BONDS; (C) TO PAY FOR THE MAINTENANCE OF THE PUBLIC LIBRARY; AND (D) TO PROVIDE THE ANNUAL CONTRIBUTION TO THE CITY OF BRENTWOOD’S POLICE FIREMEN’S RETIREMENT FUND; 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 Alderman Cross, second by Alderman Marshall to approve and adopt Bill No. 5134. 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. 5134 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3841.

Bill No. 5135 – No Parking Any Time

City Attorney Murphy gave Bill No. 5135, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW PARAGRAPH TO SECTION 14-1015, SCHEDULE O, AS IT RELATES TO NO PARKING ANY TIME; 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 reading.

Motion was made by Alderman Wynn, second by Alderman Leahy to place Bill No. 5135 on hold for further committee review. 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. 5136 – The Meridian at Brentwood

Motion was made by Alderman Boyd, second by Alderman Cross to place Bill No. 5136 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.

Resolution No. 882 – Sale of Beer/Wine at Brentwood Park

Mayor Kelly said Resolution No. 882 permits the sale of beer/wine in Brentwood Park for Brentwood Days.

Motion was made by Alderman Boyd, second by Alderman Cross to approve and adopt Resolution No. 882. 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.

Resolution No. 883 – Designating MLP Hanley Station, LLC as Preferred Developer

Richard Ward – Development Strategies came before the Board and said there were three proposals for this site in response to an RFP issued by the City. THF, Pace Properties and MLP submitted proposals. THF’s proposal was a strip shopping center going south from Bruno, straddling the Strassner connection and then going south, extending beyond the area that was advertised as the project area. The Pace proposal went north from that location. It incorporated the APA site as well as the Tripos, Inc. office building and would have taken those two uses out and put a strip center going north and connecting up to the Home Depot. The MLP proposal stuck to the site that was requested. It is not a strip shopping center. It proposes a mixed use project, primarily retail and residential on a main street theme, fronting on the two sides of the street and entering into the industrial court and connecting across the industrial court on Strassner. It is distinctly different. It is a great opportunity to respond to the MetroLink station. The other two proposals ignored the MetroLink station. This project is built around and based on the assumption of the MetroLink station. Combined with the revenue that the City can obtain from the larger commercial development in the area and to fund the infrastructure improvements makes the development possible. The residential use that’s being proposed adds a high quality of residential units. They add diversity to the housing stock. It will be a high quality development that compliments what’s in the community. There are several things that need to be worked out in detail and now that can be done. Their firm recommends that the MLP proposal be considered positively.

Alderman Golfin said there are some aspects of this proposed development that look very appealing. The MetroLink station would be a local station for Brentwood. They would complete the Strassner roadway through to Hanley Road with the overpass over the MetroLink track. The project proposal, which does not involve taking the Animal Protective Association or Tripos, Inc. is interesting. The mixed use with residential apartments is something the City could use.

Motion was made by Alderman Golfin, second by Alderman Boyd to approve and adopt Resolution No. 883.

Alderman Leahy said in section 11, paragraph d, there is an assignment clause allowing MLP to assign this over to Costco. Why is that in there?

Mark Grimm – Gilmore and Bell came before the Board and said it was a mistake and should be deleted.

Alderman Leahy said schedule I, listed an established total estimate cost of $166,500 of which MLP would be responsible for 25% which is $41,625. In the resolution, it only requires an initial turnover to the City of $20,000.

Mark Grimm said the initial deposit would be $20,750. Upon the expenditure of those funds, the City would request pursuant to the same paragraph additional money.

Alderman Boyd withdrew his second, Alderman Golfin his motion.

Motion was made by Alderman Golfin, second by Alderman Leahy to approve and adopt Resolution No. 883 by deleting section 11, paragraph d, as amended. 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.

Alderman Boyd said this is not only an important project for Brentwood but it is an important project for the region. This will be the first true transit oriented design development that has occurred in the St. Louis region and is long overdue in coming.

ACCOUNTS AGAINST THE CITY

Motion was made by Alderman Golfin, second by Alderman Robertson to approve the revised warrant list as submitted. 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.

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

Mayor’s Report

Committee Appointments

Mayor Kelly recommended the appointment of Joan Beeman to the Library Board and Greg Reynders to the Board of Adjustments.

Motion was made by Alderman Robertson, second by Alderman Marshall to approve the appointments of Joan Beeman to the Library Board and Greg Reynders to the Board of Adjustments. 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.

Non-business Outdoor Sales

Mayor Kelly said a number of residents have concerns about non-businesses having outdoor sales along the Brentwood corridor. The City needs to scrutinize applications before granting permission. It gives an appearance that is not very good for our City when unreliable operations set up stands along Brentwood Boulevard and Manchester.

Brentwood Days

Mayor Kelly said Brentwood Days is this weekend. He encouraged everyone to come out and have a good time.

New Police Facility

Mayor Kelly said the open house for the new police facility will be held on September 29th from 1:00 to 4:00 p.m. at 272 Hanley Industrial Court. Residents will be able to tour the facility. The dedication ceremony is at 2:00 p.m.

Manchester Road

Mayor Kelly said Manchester Road elected officials meeting was held on September 4th at City Hall. They explained the need to get the matching funds so the State could make the improvements required on Manchester Road. The outcome of that meeting was to try to present to the residents along that corridor the opportunity to vote on a TDD, which is a transportation taxing district. The businesses would assess a special sales tax to help raise the matching funds. A proposal will be coming to this Board to adopt the allocation of funds to start the process of getting that issue on the ballot.

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 further report

Municipal League

MML Conference

Alderman Boyd reported that Alderpersons Mehler, Wynn, Golfin and Finance Officer Susan Zimmer attended the 68th Annual MML Conference September 8 – 11. They were very impressed with the program and brought back material, which they are eager to share with their colleagues.

Waste Management Commission – No report

Stormwater Management

Deer Creek Project

Mayor Kelly said Rock Hill has pulled out of the Deer Creek project. They were unsure how they were going to come up with the funds. When the environmental impact took place this summer it was determined that about 90% of the contaminated property along the creek was in Rock Hill. The estimates to do that contamination clean up were very extensive. Given the current financial situation that Rock Hill is in they didn’t feel there was any way they could come up with the funds for that clean up. Brentwood will proceed with the Corps of Engineers and keep moving forward on the design. They will have to start at the Rock Hill border and work through Brentwood. The ability for them not to come up with the funds at this time is that this is not a project that will happen again. It will be very difficult to get the Corps of Engineers back to do their part of the project in the future. The burden of the improvements in Rock Hill will totally fall back on that City if they want to make those improvements in the future and it will be more costly for them.

Alderman Golfin asked if that is going to affect the federal funding that the City has been seeking.

Mayor Kelly said the project would proceed forward with the same matching funds. It would just be a smaller project. The money has already been allocated. It is just a matter of going back and designing it on a smaller scale.

Alderman Leahy asked what happens to the contaminated properties in Rock Hill as they affect Brentwood.

Economic Development Director Shelton said the only concern with the contamination is if somebody is in the creek working. The Corps of Engineers can not send people in and start mucking in it. The contamination is no problem as far as the Department of Natural Resources. It is only when you begin a project/construction that you can not displace that contamination.

Communication

Website

Alderman Marshall reported that the City has a new website. He encouraged everyone to look at it.

Tribute

Alderman Marshall said on September 11th, Cable Director Kevin McCarthy did a wonderful tribute for September 11th. He hopes everybody got a change to look at that.

Facilities Committee – No report

Insurance Committee – No report

UNFINISHED BUSINESS – None

NEW BUSINESS – None

ADJOURNMENT

Motion was made by Alderman Leahy, second by Alderman Marshall to adjourn the meeting at 8:00 p.m. All in favor, none opposed.

 

 

Pat Kelly, Mayor

 

Attest:

Chris Seemayer, City Clerk