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                                                                                                   November 17, 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, Treasurer Reynders, Executive Secretary Williams and Police Chief Knight.

 

Absent: None.

 

Presentation – O.B. Clarks

 

Police Chief Knight came before the Board and stated that O.B.Clarks raised $11,000 at a charity golf tournament benefiting the Brentwood Police Department.   The $11,000 will provide bulletproof vests for the officers. O.B. Clarks Restaurant has been a part of the community for many years. If it were not for their efforts the department would not have been able to purchase the vests.  He does not know of a finer contribution than something like this. 

 

Chief Knight introduced Ed O’Brien, Joe O’Brien and Jimmy O’Brien as they came before the Board.  He presented a plaque to Ed, Joe and Jimmy O’Brien in recognition of their outstanding efforts and contribution to the Brentwood Police Department. 

 

Jimmy O’Brien stated that O.B. Clarks has been in Brentwood for 25 years.  They could not have made it if it were not for the support of the Brentwood residents.  They were honored to help the Brentwood police officers. He thanked Mayor Kelly, Alderman Kramer, Chuck Sanders, Steve Potter, Steve Holmes, Tom Schwartz, Don Musick, Pat Blassie, David Dobbs, Kinko’s, Craig West, West Community Credit Union, Joe Droege, The Private Bank and Mark Kurtz for their support of the police fund.  They are glad to be in Brentwood and to give something back to the community that has given so much to them. 

 

CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 17, 2003

 

Motion was made by Alderman Wynn, second by Alderman Robertson to approve and adopt the Agenda of the Regular Board of Aldermen meeting of November 17, 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 REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 3, 2003

 

Correction

 

Alderman Leahy stated that the motion recorded to amend and approve the Minutes of the October 20th Board of Aldermen meeting should read, “Alderman Leahy” instead of “Alderman Golfin”.

 

Motion was made Alderman Golfin, second by Alderman Cross to approve and adopt the Minutes of the Regular Board of Aldermen meeting of November 3, 2003 as amended.  All in favor none opposed. 

 

BIDS – None

 

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

 

Jim Fiete – 2201 Parkridge Avenue came before the Board and stated that on November 11th 2001 he presented a concern with respect to the building codes of the Parkridge Subdivision.  At that time he made two simple requests.  One was that the officers of the Parkridge Subdivision be involved in the development process, planning and construction phases of any homes being built in the subdivision. And that the Parkridge Subdivision be maintained with respect to its architectural integrity, at least until the City of Brentwood received the report from the St. Louis University Brentwood Housing Study and can formulate a master plan for the Brentwood community.  On February 3rd 2003 he came before the Board with concerns about a tear down and replacing of a brick ranch house with two frame construction buildings.  Once again the builder wished to replace with two frame houses where brick ranch style house was situated.  Luckily the deal never materialized and the brick ranch style home is still occupied.  A study group was formed shortly after the March 17th, 2003 Board of Alderman meeting.  At this point nothing is being done to provide continuity of the aesthetic quality and character of the Parkridge Subdivision.  The quality and character of the Parkridge Subdivision are being destroyed. 

 

Mayor Kelly responded that the housing in Brentwood is an issue that the City is looking at.  Mr. Fiete is part of the committee the City formed to look at the housing.  If someone were not building to the subdivision’s indentures, it would be up to that active subdivision to take them to court and get them to abide by those indentures.  The City cannot enforce the subdivision indentures.

 

Alderman Marshall asked Mr. Fiete if the Parkridge Subdivision has an active board with active indentures.

 

Mr. Fiete stated that they have active indentures and an active board.  He has been president of the association since 2001.   

 

Mayor Kelly read a line from Brentwood Zoning Code, Section 25-4 Interpretations.  “This provision does not require and shall not be interpreted to require the city to enforce private deed restrictions”.  The City legally cannot do that.  It is the obligation of that entity to enforce those indentures. 

 

Alderman Marshall asked if it is possible to contact the president of the Parkridge Subdivision when building permits are applied for.  He asked Mr. Fiete to supply Mr. Wolf with addresses of the board members so they can be contacted. 

 

Alderman Kramer stated that before he was fortunate to become an alderman he was fortunate to be a developer and had an opportunity to meet with the Parkridge Association, so he was aware that there was one.  What he did not know at the time and still does not know now, is whether the City has a formal record of the subdivision officers and copy of indentures. 

 

Mayor Kelly requested City Attorney Murphy give his legal opinion of whether the City can enforce private indentures at the next meeting.

 

Kathy Jepson – 2328 Annalee Avenue came before the Board and said she left the Ways and Means Committee meeting last week with the understanding that the City was getting a bid based on the City of Rock Hill dropping out of the solid waste agreement.  If Resolution No. 905 is put into effect, the City needs to look at the overhead. 

 

Alderman Wynn said in the last Pulse there was an article paid for by a group, which commented that the Board of Aldermen unanimously voted for eminent domain.  He voted against eminent domain, so the article should not say unanimous.

 

INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND RESOLUTIONS

 

1st and 2nd Readings of Bills

 

Motion was made by Alderman Robertson, second by Alderman Marshall to give Bills No. 5211, 5212, 5213 and 5214 first and second readings.  All in favor none opposed.

 

Bill No. 5211 – Fire Hydrant

 

City Attorney Murphy gave Bill No. 5211, AN ORDINANCE PROVIDING FOR THE INSTALLATION OF ONE (1) ADDITIONAL FIRE HYDRANT IN THE CITY OF BRENTWOOD, MISSOURI, its first and second readings.

 

Motion was made by Alderman Wynn, second by Alderman Leahy to approve and adopt Bill No. 5211.  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. 5211 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3915.

 

Bill No. 5212 – Re-subdivision Plat and Site Development Plan

 

City Attorney Murphy gave Bill No. 5212, AN ORDINANCE GRANTING APPROVAL OF A RE-SUBDIVISION PLAT AND GRANTING APPROVAL OF A SITE DEVELOPMENT PLAN FOR CONSTRUCTION OF A 1,300 SQUARE FOOT ADDITION TO AN OFFICE/WAREHOUSE BUILDING AT PROPERTY NUMBERED 2780 MARY AVENUE WHICH PERMITS UNDER THE PROVISIONS OF CHAPTER 25, SECTION 126 OF THE BRENTWOOD CITY CODE THE DEVELOPMENT OF THAT SITE; PROVIDING THE CONDITIONS TO SUCH DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Leahy stated that the Planning and Zoning Commission had one issue to take up with N.B. West on getting a benchmark correctly defined as to its elevations being in the floodways, etc.  He is assuming that because this ordinance is before the Board and there is no issue with that correction that this is not in any way an issue with floodways, etc.

 

Zoning Administrator Wolf stated that was correct. 

 

Motion was made by Alderman Golfin, second by Alderman Kramer to approve and adopt Bill No. 5212.  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. 5212 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3916.

 

Bill No. 5213 – Re-subdivision of Property

 

City Attorney Murphy gave Bill No. 5213, AN ORDINANCE APPROVING A PLAT FOR THE RE-SUBDIVISION OF PROPERTY NUMBERED 8905 THROUGH 8925 RUSSELL AVENUE AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.

 

Alderman Leahy stated that in the first whereas of the bill, it is being determined automatically that the creation of the five lots is all buildable.  He asked that the wording be changed to five residential lots.  He is not assured that the City has evaluated the ability to be buildable on all five lots. 

 

Motion was made by Alderman Leahy, second by Alderman Robertson to amend Bill No. 5213 by deleting the word “buildable” from the first whereas of the bill.  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.

 

Motion was made by Alderman Leahy, second by Alderman Robertson to approve and adopt Bill No. 5213 as amended.  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. 5213 duly passed and signed same into approval thereof.  Said Bill was given Ordinance No. 3917.

 

Bill No. 5214 – Amending Chapter 5

 

City Attorney Murphy gave Bill No. 5214, AN ORDINANCE AMENDING CHAPTER 5 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW PARAGRAPH (f) TO SECTION 5-26, RESTRAINT OF DOGS; 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.

 

Alderman Wynn stated that Bill No. 5214 was reviewed in the Ways and Means Committee meeting but he suggested it be sent to Public Safety Committee for further review.

 

Alderman Kramer asked if the word “unattended” could be inserted in subsection (f).

 

Alderman Marshall stated that would be fine.  The reason for the change is that he has received calls and complaints about people restraining their dogs in front yards.  The mail carrier comes by, sees the dog, and neglects to deliver mail to the houses on either side of the people that have the dog in their front yard because they are afraid.  Dogs belong in the back yard if they are unattended. 

 

Alderman Kramer asked if there is anything in Section 5-26 that addresses whether they could be on the porch, patio, attached to the front of the house, etc.   

 

City Administrator Seemayer stated that there is nothing that addresses dogs on porches, patios, etc.

 

Alderman Leahy stated the intent is to make sure that a dog in the front of a house is not a nuisance to the point that services are interrupted or safety.  If it is in a fenced area, he does not think those residents should be penalized for having their dog in their yard, but this ordinance does that. 

 

Alderman Marshall stated that he does not have a problem with sending the bill to the Public Safety Committee for further review. 

 

Resolution No. 904 – Ambulance User Fee Policy

 

Alderman Marshall stated that currently non-residents are charged ambulance fees.  This resolution would change it to not just non-residents but residents as well.  This is a built in cost to the insurance companies. 

 

Motion was made by Alderman Golfin, second by Alderman Marshall to approve and adopt Resolution No. 904.  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, no; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

Resolution No. 905 – Municipal Trash Department

 

City Administrator Seemayer stated that one of the discussions at the Ways and Means Committee meeting was the new firm coming into the St. Louis market.  The City has not had the opportunity to get a quote from them but Mr. Shelton was able to contact the City of Manchester for their pricing.  While their services are different from Brentwood’s, they were able to convert those into per pickup figures.  Theirs come out slightly higher than Brentwood. 

 

Mr. Seemayer stated that this was the budget put together initially.  Since the City would be reducing the plan from the original larger department, the supervisor’s salary would be reduced. 

 

Alderman Leahy asked if in creating this trash department would it be under the Public Works Department or a department by itself.

 

Mayor Kelly stated the goal is for it to eventually be under Public Works.

 

Alderman Leahy asked if the term “providing free trash” in the resolution is being used in the fact that the trash service is paid for by the City out of general revenue versus being charged individually to each of the residents.  The residents only receive a bill if they request additional service. 

 

Mayor Kelly stated that was correct.

 

Alderman Golfin asked if the cost of garaging the trucks were included in the budget.

 

City Administrator Seemayer stated that with the two vehicles proposed, they would be stored at the public works facility.  If the City were to go to the larger department, they have talked to some area businesses about leasing space.

 

Motion was made by Alderman Wynn, second by Alderman Cross to approve and adopt Resolution No. 905.  Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.

 

ACCOUNT AGAINST THE CITY

 

Motion was made by Alderman Marshall, second by Alderman Golfin to approve the warrant list dated 11/17/03.  All in favor none opposed.

 

REPORTS OF COMMITTEES AND DEPARTMENT HEADS:

 

Mayor’s Report

 

Mayor Kelly thanked the veterans and citizens who attended the Veterans’ Day Celebration.  They had a great turnout with a couple of good speakers.  It was a great event.

 

Manchester Road TDD

 

Mayor Kelly stated there would be a meeting on December 10th at the Warson Woods City Hall for elected officials to ask questions with respect to the Manchester Road TDD.

 

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 further 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 – No report

 

Waste Management Commission – No report

 

Storm Water Management – No report

 

Communication – No further report

 

UNFINISHED BUSINESS

 

8734 Suburban Tracks

 

Alderman Leahy asked if the condemnation and eminent domain of the property at 8734 Suburban Tracks has changed hands and has the filing taken place. 

 

City Attorney Murphy said he is waiting for a letter report. 

 

Storm Water Projects

 

Alderman Golfin stated there is a $50,000 funding provision in the budget for impeller grinder pumps for residents that would like them.  At the same time he would hope that they would be able to budget in that storm water fund the $100,000 that it would take to buy that property in the flood plain.  It is more appropriately in the funding for storm water than in the funding for parks. 

 

Alderman Marshall stated that he has said from the beginning that the property on Suburban Tracks was not a parks property, but was suitable for use by the parks.  It is a flooding issue and it should go under storm water. 

 

Mayor Kelly stated to put it in the budget that way is not appropriate because you do not know that you are going to be able to purchase that property.  Once it takes place you could say that it is a storm water type fund.

 

Mayor Kelly stated that he is trying to schedule a meeting with MSD to get an update on their ability to change their policy.  They have $2 million allocated to put in the grinder pump systems.  The policy is written in a way that they cannot use the pumps on a street where they have multiple problems. If they were able to do that the City would be able to get a number of homes done. 

 

Ward 3 Meeting

 

Ward 3 meeting will be held on Tuesday, November 25th at 7:00 p.m.

 

NEW BUSINESS - None

 

ADJOURNMENT

 

Motion was made by Alderman Wynn, second by Alderman Marshall to adjourn the meeting at 8:05 p.m.  All in favor none opposed.

 

                                                                                                                                               

                                                                                                Pat Kelly, Mayor

 

Attest:

 

                                               

Chris Seemayer, City Clerk