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            MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING

City Hall                                                                                                       October 20, 2003

Council Chambers                                                                                        7:00 p.m.

The Mayor led with the Pledge of Allegiance.

Present:            Alderman Moreno, Alderman Marshall, Alderman Leahy, Alderman Golfin, Alderman Kramer, Alderman Robertson, Alderman Wynn, Alderman Cross.

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

 

Absent: None.

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF OCTOBER 20, 2003

Motion was made by Alderman Leahy, second by Alderman Golfin to approve the Agenda of the Regular Board of Aldermen Meeting of October 20, 2003 as amended by Resolution No. 902.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

Alderman Leahy stated that Resolution No. 902 has been amended and distributed. 

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF OCTOBER 6, 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 October 6, 2003.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SPECIAL BOARD OF ALDERMEN MEETING OF OCTOBER 14, 2003

Motion was made by Alderman Leahy, second by Alderman Golfin to approve and adopt the Minutes of the Special Board of Aldermen meeting of October 14, 2003.  Roll call:  Alderman Moreno; yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

Proclamation – Chuck and Pat Stubbs

Motion was made by Alderman Wynn, second by Alderman Leahy to approve the proclamation for Chuck and Pat Stubbs on the occasion of their 50th Wedding Anniversary.  All in favor none opposed.

Recognition of Police and City Personnel

Chief Knight came before the Board and recognized Sergeant Walter Koehler, Officer Dan Retzlaff and Officer Winferd Stevens for the way they handled a home invasion on Melvin Avenue back in August.  They were able to arrest the perpetrator without incident, obtain warrants and a $50,000 bond was place on the individual.

He also recognized Bud Schilling, I.T. Manager for the City of Brentwood whose office is located at the Brentwood Police Department.  About a year ago the City of Rock Hill approached the City of Brentwood to see if the City would be interested in taking over the communication section for Police, Fire and EMS and also to house prisoners.  All that was put into place this past September.  He recognized Mr. Schilling for his talent and ability to work with different individuals and his timeless hours spent helping them with the transition. 

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

Sam Longstreth – 6035 Lindell owner of Brentwood Plastics came before the Board and read a letter into record concerning the subdivision of property at 8734 Suburban Tracks.  Letter is attached to the minutes.

Public Hearing – 7:15 p.m. – West Community Credit Union

Mayor Kelly announced the public hearing for West Community Credit Union would now be heard at 7:15 p.m.  The public hearing will not be closed this evening it will carry over to the next meeting. 

Glenn Pauley – Director of Architectual Design for Altman Charter representing West Community Credit Union in their petition to redevelop a piece of property at 8806 Harrison which is immediately to the west of their existing facility.  Presently on that site is a vacant dental building which was a residence at one time.  They are proposing to develop the property as a parking area for the credit union.  It will provide a 15 car parking area.  They will be landscaping around the north, south and west sides of that site, along with a landscape area in the center of the parking area, which will be used for employee parking.  There will be one entrance cut provided into the site for both the present facility and the new parking area.  Part of the development will be an addition of a drive-up ATM unit, which will be immediately adjacent and attached to the existing drive-up lanes, as they presently exist.  They are also proposing on the north side of the existing parking area to reduce the parking by five cars, so that there would be only five cars adjacent to the door.  The existing parking and the new parking would be fenced from the adjacent residential area. 

Mr. Pauley stated that they have a variance for the drive-up ATM unit, which is adjacent to the existing drive-up because the drive-up ATM would be going across the 50-foot building setback line, a variance for the landscaping buffer between the new parking area and the adjacent residence, which is owned by the credit union and a variance for use of that property which is zoned residential as a parking area.  It will still remain residentially zoned. 

Alderman Golfin asked when were the variances granted.

Mr. Pauley replied July 24th.

Mayor Kelly stated that the variances that were sought came about from a letter that was sent to him, which he forwarded to the credit union, requesting that they do not rezone the parking lot to commercial.  Also that the City give them a variance to reduce the 25-foot setback between residential and commercially owned property.  In the original plan the credit union wanted to take down the house directly to the west, which they own.   It is a 40-foot wide lot.  Twenty-five foot of that property would have been used as green space requirement in order to meet City codes.  At the request of the residents, the credit union shrunk the size of their parking lot, and received a variance in order to eliminate that green space.  The residents wanted them to sell that house to a family.  The credit union representatives felt that if they were eliminating their setback requirement, it was in their best interest to keep the property and rent it out.  

David Walter – 2328 Annalee came before the Board and stated that he had objected to the plan from the beginning and he is now withdrawing that objection based on a meeting he had with Mayor Kelly last Friday.  The Mayor was sympathetic and understanding to what they were doing.  He is not happy with the way things happened but they have gotten close to a give and take on the issue. 

Mr. Walter also stated that he distributed a petition to the Mayor and Board regarding the eminent domain issue on the agenda tonight.  Their citizen group met and sixteen people out of the twenty-four present signed a petition against the issue.  He asked the Board to table the issue until they can get some more information. 

Mr. Walter read a letter into record from his wife Kathy Jepson regarding Resolution No. 903.  The letter stated that Resolution No. 903 is regarding the City’s intent to issue $1,000,000 for Certificates of Participation.  As stated in the Resolution these are to be used to repay the City for expenses it incurs replacing the current commercial trash hauler with a City run program.  From the report that was submitted by City Administrator Seemayer, it was very clear that all of the costs for the trash program was to be $402,000 and that the City would see slightly more than $40,000 saving in 2004.  Thereafter the City was to experience yearly savings in the amount of $100,000.  It was stated in the Ways and Means Committee meeting that the additional $600,000 was to be used for adding on to and remodeling the City’s fire station.  Resolution No. 903 does not address the fire station.  It just states that the City is seeking $1,000,000 in COP’s for the trash.  She requested that the resolution be withdrawn and corrected.  If part of the funds is going to be spent on the new fire station then the resolution needs to state that.

Andy Truss – 2825 Brazeau came before the Board and asked why is Bill No. 5168 on hold this evening.

Mayor Kelly said the Board has to decide to take it off hold. 

Karen Smith – 8930 Harrison came before the Board and thanked the Aldermen for meeting with the Storm Water Committee.  As a result of those meetings, the storm water projects are being looked at by the Ways and Means and Public Works Committees.  The Task Force position is to see half of the ½ cent sales tax going towards sewers.  They would like to see some project coordination. 

Ms. Smith stated that she is also opposed to the City using eminent domain to take private property.

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

Bill No. 5168 – Re-subdivision of Property

Mayor Kelly gave a brief summary of the re-subdivision of property at 8734 Suburban Tracks and stated that the City does not want to use eminent domain but at this point in order to negotiate and try to purchase the property it has to start eminent domain proceedings.  The City has the option at any time during that process to back out. 

Alderman Golfin stated that he voted positively on the City acquiring the property.   He voted for it because it is in a flood plain area and you should not build on a flood plain.  That is their primary storm water control.  The best thing to do with land that is in a flood plain is to take it out of any possibility of further building use or changing it to an impervious surface.  There is a perception that the City has used eminent domain extensively and some times grossly.  With all the development and redevelopment done in Brentwood, there are very few instances where the City has used eminent domain.  To the good of the general community, he would certainly support the use of eminent domain. 

Alderman Leahy stated that Bill No. 5168 was modified for the Public Works Committee with the attorney present.  A revised copy of that bill has not been distributed to the Board.  It is premature for the Board to vote on something that has yet to be completed in its final form.  He asked staff to make that document available for review.   He requested the bill remain on hold until it can be provided.

Since Bill No. 5168 was already on hold, no action was necessary.

1st and 2nd Readings of Bills

Motion was made by Alderman Robertson, second by Alderman Kramer to give Bills No. 5206, 5207, 5208 and 5209 first and second readings.  All in favor none opposed.

Bill No. 5206 – Street Name Change

City Attorney Murphy gave Bill No. 5206, AN ORDINANCE CHANGING THE NAME OF WITHROW AVENUE TO BRENTWOOD PROMENADE COURT; AMENDING CHAPTER 14 “MOTOR VEHICLES AND TRAFFIC”, SECTIONS 1002, 1013, 1015 AND 1030; 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 Golfin, second by Alderman Cross to approve and adopt Bill No. 5206.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5206 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3909.

Bill No. 5207 – Parking for the Physically Disabled

City Attorney Murphy gave Bill No. 5207, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY DELETING SECTION 14-287 (d) AND (g) IN THEIR ENTIRETY AND ENACTING IN LIEU THEREOF A NEW SECTION 14-287 (d) AND (g); AND DELETING SECTION 14-1004, SCHEDULE D; AS IT RELATES TO PARKING FOR THE PHYSICALLY DISABLED; 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.  

City Administrator Seemayer stated that the bill changes the way handicapped parking spaces are designated from ordinance to administrative staff. 

Motion was made by Alderman Marshall, second by Alderman Cross to approve and adopt Bill No. 5207.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5207 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3910. 

Bill No. 5208 -  Firearms in City Buildings

City Attorney Murphy gave Bill No. 5208, AN ORDINANCE AMENDING CHAPTER 13, ARTICLE VIII OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW SECTION 13-176.1 (a), (b), (c), (d), (e) AND (f), AS IT RELATES TO FIREARMS IN CITY BUILDINGS; 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.

Mayor Kelly stated that the bill would restrict firearms in City buildings.

Motion was made by Alderman Golfin, second by Alderman Marshall to approve and adopt Bill No. 5208.  Roll call:  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5208 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3911.

Bill No. 5209 – Initiation of Condemnation Proceedings

City Attorney Murphy gave Bill No. 5209, AN ORDINANCE AUTHORIZING THE INITIATION OF CONDEMNATION PROCEEDINGS IN CONNECTION WITH THE PROPERTY LOCATED AT 8734 SUBURBAN TRACKS STREET (LOT 2) IN BRENTWOOD MISSOURI; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

Alderman Leahy stated that the bill does not specifically define the property lines.  It is his understanding that the property lines of record would interfere with the parking spaces on the east side of the Brentwood Plastics parking lot at present.  He would like to see if the City could do something to define the property subdivide to not take those spaces and not adversely affect Brentwood Plastics operations.  Since this bill is vague in that intent, he would like to modify the bill to incorporate moving those lines to accomplish the task.  He does not know if that could be done because of the legal descriptions of properties.

City Attorney Murphy stated that they would have a legal description in the petition for condemnation at the time it is filed if the City cannot negotiate to purchase the property.

Alderman Kramer asked if the re-subdivision has to be in place before the bill can be entertained.

City Attorney Murphy stated that you could have a partial taking or a whole taking.  It is a question of who owns the property. 

 

Motion was made by Alderman Cross, second by Alderman Marshall to approve and adopt Bill No. 5209, contingent that eminent domain is the last resort.  Roll call: Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, no; Alderman Cross, yes.

The Mayor thereupon declared Bill No. 5209 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3912.

Resolution No. 902 – Provide for General Municipal Election

Resolution No. 902 is to provide for a general municipal election to be held on April 6, 2004.

Motion was made by Alderman Leahy, second by Alderman Robertson to approve Resolution No. 902 as amended.  All in favor none opposed.

Resolution No. 903 – Intent to Reimburse

City Administrator Seemayer stated that amount for the trash program will be for the purchase of the trucks and that was approximately $400,000.  That is the amount that will be used from COP’s over a five-year period to pay for the trucks.  The remaining amount would be used if necessary for the completion of the expansion of the fire department.  The City does have some funds on hand for that.  If the City spends any monies prior to the issuance of a COP the City would reimburse itself for the trash portion only.  The reason they are not concerned about reimbursement for the fire station portion is there would be no way they would spend any money prior to issuing COP’s for the fire department.  The City has money earmarked for that project. 

 

Mayor Kelly stated that if the City of Rock Hill does not go through with the agreement, the City could proceed in doing its own trash.  The City would only purchase two trucks.  If the City only needed two trucks, that is all the COP’s that would be issued to purchase those trucks and the dollar amount would be reduced. 

 

Motion was made by Alderman Cross, second by Alderman Marshall to approve Resolution No. 903.  All in favor none opposed.

 

ACCOUNTS AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderman Wynn to approve and adopt the warrant list dated October 20, 2003.  All in favor none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Executive Session

 

Mayor Kelly announced that the Executive Session scheduled for tonight would not be held. 

 

Committee Appointments

 

Mayor Kelly stated that some members on the Library Board needed to be reappointed and the resident that was appointed to the Planning and Zoning Commission could not serve because he did not qualify under the residency requirement, so someone else had to be appointed. 

 

Motion was made by Alderman Leahy, second by Alderman Marshall to approve the committee appointments.  All in favor none opposed.

 

Veteran’s Day

 

Mayor Kelly stated that a Veteran’s Day gathering would be held on Tuesday, November 11th at 6:30 p.m. in the Council Chambers. 

 

Coffee with the Mayor

 

Coffee with the Mayor will be held on Friday, October 31, 2003 at 9:00 a.m. to allow residents to voice their concerns, questions, and etc., to the Mayor in an informal setting.

 

Public Safety Committee – No report

 

Public Works Committee

 

A Public Works Committee meeting will be held on Wednesday, November 5, 2003 at 4:00 p.m.

 

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 further report

 

Director of Economic Development

 

Best Buy would be opening on Friday, October 24, 2003.

 

Excise Commissioner – No report

 

Library

 

The library is opened but will be having a grand opening celebration on Saturday, November 1, 2003.

 

Municipal League – No report

 

Waste Management Commission – No report

 

Storm Water Management – No report

 

Communication – No further report

 

Insurance – No report

 

UNFINISHED BUSINESS - None

 

NEW BUSINESS

 

Ward 3 meeting would be held on Tuesday, October 28, 2003 at 7:00 p.m. Council Chambers.

 

ADJOURNMENT

 

Motion was made by Alderman Robertson, second by Alderman Leahy to adjourn the meeting at 8:26 p.m.  All in favor none opposed.

 

                                                                                                                                               

                                                                                                Pat Kelly, Mayor

 

Attest:

 

                                               

Chris Seemayer, City Clerk