MINUTES OF THE
REGULAR BOARD OF ALDERMEN MEETING
City Hall December
6, 2004
Council Chambers 7:00
p.m.
The Mayor led with the Pledge of
Allegiance.
Present: Mayor Kelly,
Alderwoman Jepsen, Alderman Marshall, Alderman Leahy, Alderman Kramer, Alderman
Robertson, Alderman Wynn.
City Attorney
Murphy, City Clerk/Administrator Seemayer, Zoning Administrator Wolf, Director
of Economic Development Shelton and Executive Secretary Williams.
Absent:Alderman Golfin and Alderman Cross.
CONSIDERATION AND APPROVAL OF
THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF DECEMBER 6, 2004
Mayor Kelly stated that Ordinance
No. 3953 which was approved at the October 18th meeting need to be
amended in Section 3, b) to read “5:00 p.m., CST, February 26, 2005”. Ordinance No. 3953 Section 3, b) states
“this property shall revert to the Light Industrial Zoning (“LID”) district if
MLP Investments, Inc. has not purchased this property by 5:00 p.m., CST,
December 29, 2004”. The reason for the
change is one of the property owners has requested the developer push the
closing back to after the first of the year for tax reasons. They have a closing date set for January 11th,
but the owners of the property have an option to go 45 days past that.
Motion was made by Alderman
Robertson, second by Alderman Marshall to amend the Agenda of the Regular Board
of Aldermen Meeting of December 6, 2004 by adding an amendment to Ordinance No.
3953 under Item E, 1. Roll call: Alderwoman Jepsen, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes.
Motion was made by Alderman
Leahy, second by Alderman Marshall to approve and adopt the Agenda of the
Regular Board of Aldermen Meeting of December 6, 2004 as amended. Roll call:
Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.
CONSIDERATION AND APPROVAL OF
THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 15, 2004
Correction:
Motion was made by Alderwoman
Jepsen, second by Alderman Leahy to amend the Minutes of the Regular Board of
Aldermen meeting of November 15, 2004 on page 11 to reflect the adjournment
time at 8:05 p.m. instead of 7:05 p.m.
All in favor none opposed.
Motion was made by Alderman
Leahy, second by Alderman Marshall to amend the Minutes of the Regular Board of
Aldermen Meeting of November 15, 2004 on page 2, line 3, to read “16,000
people” and page 10, line 4, to read “2 million cans”. All in favor none opposed.
Proclamation – Arthur Oppenheim
Motion was made by Alderman
Kramer, second by Alderman Wynn to approve and adopt the Proclamation for
Arthur Oppenheim by acclamation. There
were no objections.
Alderman Wynn stated having
served as an Alderman under Mr. Oppenheim as Mayor he appreciates all the work
he has done for the City.
Accept Certified Election Results
City Administrator Seemayer
stated the City has the certified election results from the Tuesday, November 2nd
election. Proposition 1 was the tax
increase for the Police and Firemen’s Pension fund. There were 2,609 “yes” votes and 1,753 “no” votes. Proposition 2 increased the business license
fee on gross receipts. There were 2,609
“yes” votes and 1,753 “no” votes.
Motion was made by Alderman
Leahy, second by Alderman Kramer to accept the certified election results from
the November 2nd election.
All in favor none opposed.
BIDS - None
HEARING OF ANY MATTER OF PUBLIC
INTEREST UPON REQUEST OF ANY PERSON PRESENT - None
INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND
RESOLUTIONS
Bill No. 5253 – Tree Preservation
Alderman Leahy requested Bill No.
5253 remain on hold and return to the Public Works Committee for discussion.
First and Second Readings of Bills
Motion was made by Alderman Robertson, second by Alderman
Wynn to give Bills No. 5257, 5258, 5259, 5260 and 5261 first and second
readings. All in favor none opposed.
Bill No. 5257 – Business License Fee on Gross Receipts
City Attorney Murphy gave Bill
No. 5257,AN ORDINANCE AMENDING CHAPTER 12 OF THE REVISED CODE OF
ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY DELETING SECTIONS 12-24 (c),
12-185 (a), AND 12-186 (1), AND ENACTING IN LIEU THEREOF NEW SECTIONS 12-24
(c), 12-185 (a), AND 12-186 (1); AS IT RELATES TO BUSINESS LICENSE FEE ON GROSS
RECEIPTS; 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 reading.
Alderman Kramer read a synopsis of Bill No. 5257 which is
attached to the minutes.
Alderman Marshall stated Bill No. 5257 was reviewed by
the Ways and Means Committee.
Motion was made by Alderman Kramer, second by Alderman
Marshall to approve and adopt Bill No. 5257.
Roll call: Alderwoman Jepsen,
yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes;
Alderman Robertson, yes; Alderman Wynn, yes.
The Mayor thereupon declared Bill No. 5257 duly passed
and signed same into approval thereof.
Said Bill was given Ordinance No. 3957.
Public Hearing – 2005 Budget
Mayor Kelly announced a public hearing for the 2005
Budget would now be heard at 7:15 p.m.
City Administrator Seemayer thanked the members of the
Ways and Means Committee and various staff members who helped put the 2005
Budget together. The City’s budget is
proposed balanced as it is always proposed.
There are a number of areas that will be addressed next year. About 78% of all revenues are derived from
the businesses through sales tax, utility tax from businesses or the property
tax. Of the remaining 22% about 7% of
that is parks user fees and such. The
rest are various taxes that the City receives from state and federal
government, gasoline taxes and various types of transportation taxes, etc.
Mayor Kelly stated residents do not pay utility and
property taxes. The state changed that
a few years ago where the City could charge the businesses and not the
residents. That is one of the reasons
they have been able to eliminate the utility and property taxes.
City Administrator Seemayer stated that 36% of expenses
are related directly to the police and fire departments and municipal
operations, which encompasses all the various day-to-day expenses of the City
for another 23%. 66% of all expenses
are personnel related. The debt service
is 7%, which is very reasonable.
Community services are 2%, capital needs is 5% and general operating is
20%.
Alderwoman Jepsen asked what was the increase in health
insurance premiums.
City Administrator Seemayer stated the co-pays would be
increased. They initially started off
with a 19% increase and some changes where made with the addition of more
deductibles for the employees and higher prescription benefit. They got it down to a 10% increase.
Alderman Kramer asked City Administrator Seemayer to
explain the sales tax revenue, which may not be up to what they were hoping
for, but December is an extremely large month.
City Administrator Seemayer stated they get half of the
sales taxes in December. They were very
high as they had hoped and expected. At
the very end of the year you see that gap shrink and will be right at the
budgeted amount for 2004. The ledger
sheets can be misleading by the way revenues come in and likewise by the way
expenses are paid out. At the very
beginning of the year they pay enormous amounts of expenses for the street and
park bond debt service, so in January it looks like they spent the full amount
on some things.
Alderman Kramer stated in Brentwood Forest the Board of
Managers commission a study every year to work on the reserves and help to fund
their capital reserves. Does the City
have a study or guidelines to work with?
City Administrator Seemayer stated that they have a
five-year capital plan. They will be
giving that to the Ways and Means Committee in January. It is more for a reference and planning
tool. It is not a document that is
adopted as part of the budget. It is
updated every year.
Alderman Marshall stated that several municipalities
around the county are having problems meeting their budget needs. Brentwood has been very fortunate to
maintain a level of service without raising taxes, which says a lot for the
City itself.
Alderwoman Jepsen asked if the City is still planning to
take a set amount from the increased sales tax. Is it still the City’s policy to pay down the TIFs earlier?
City Administrator Seemayer stated the City has a
contractual agreement with other taxing districts.
Mayor Kelly stated the City currently has an agreement
with the school district which has seen a $300,000 increase in revenue for each
one of those projects. Everything else
goes back to pay off the TIFs early.
Mayor Kelly announced the public hearing for the 2005
Budget closed at 7:25 p.m.
Public Hearing – Amending Chapter 25
Mayor Kelly announced the public hearing for amending
Chapter 25 would now be heard at 7:25 p.m.
Mayor Kelly asked if there were any comments from the
audience. There were none.
Mayor Kelly announced the public hearing closed at 7:26
p.m.
Ordinance No. 3953 - Rezoning Property
Mayor Kelly requested the amendment of Ordinance No. 3953
in Section 3, (b) to read as follows: “This property shall revert to the Light
Industrial Zoning “(“LID”) district if MLP Investment, Inc. has not purchased
this property by 5:00 p.m., CST, February 26, 2005”.
Motion was made by Alderman Wynn, second by Alderman
Marshall to amend Ordinance No. 3953 in Section 3, (b) as stated above. Roll call:
Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.
Bill No. 5258 – 2005 Budget
City Attorney Murphy gave Bill No. 5258, AN ORDINANCE
ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BRENTWOOD FOR THE CALENDAR YEAR
2005; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and
second readings.
Motion was made by Alderman Marshall, second by Alderman
Leahy to approve and adopt Bill No. 5258.
Roll call: Alderwoman Jepsen,
yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes;
Alderman Robertson, yes; Alderman Wynn, yes.
The Mayor thereupon declared Bill No. 5258 duly passed
and signed same into approval thereof.
Said Bill was given Ordinance No. 3958.
Bill No. 5259 – Sunset Clause
City Attorney Murphy gave Bill No. 5259, AN ORDINANCE
AMENDING ORDINANCE NO. 3945, SECTION 3, WHICH ESTABLISHES A SUNSET CLAUSE FOR
THE ADOPTION OF CONSTRUCTION REGULATIONS APPLICABLE TO THE CONSTRUCTION OF NEW
HOUSES; 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.
Alderman Kramer read a synopsis of Bill No. 5259 into
record. The synopsis is attached to the
minutes.
Alderman Leahy asked how many permits were issued since
the bill was originally passed and how many came under the current limitations.
Zoning Administrator Wolf stated that he does not have an
exact tally but he will guess there were six new home construction permits
issued since this legislation was enacted.
Alderman Leahy asked Zoning Administrator Wolf if his
office has received any complaints from the neighbors or anybody that would
reflect why the clauses are good or bad.
Zoning Administrator Wolf stated they do not get many
complaints from the neighbors. The only
complaints they generally get are about messy streets.
Alderwoman Jepsen asked if it is working the way it
should. There was a situation where sub
contractors were delivering equipment and were not putting the fencing back
up. Is the legislation making the whole
situation go smoother within the neighborhoods?
Zoning Administrator Wolf stated that the compliance with
the letter of the law is not as good as it would be in an ideal situation. It is very difficult to keep that kind of
fencing up and to put it back up every night.
That is not meant to justify their failure to do so. In this kind of weather it is difficult to
keep the mud off the streets. They have
sent the sweeper almost every day to the construction sites, but sometimes you
just cannot pick up the dirt.
Alderman Wynn asked if the builders have gotten
complaints.
Zoning Administrator Wolf stated he has not heard
complaints from the builders.
John Suelthaus – Kingbridge Homes came before the Board
and stated they went through and signed on prior to the regulations being
adopted and the Aldermen were going to come back to the builders and see how
things were going. He has not gotten
any phone calls. He would like to see
it go to committee to have some insight on it along with some of the other
builders.
Alderman Kramer stated the last conversation he had with
Alderman Cross was that she had contacted Mr. Suelthaus. They have heard from several of the
neighbors with construction in those wards.
The consensus was that they are in favor of this type of protection for
the neighborhoods. Not so much to sway
builders from conducting their business but so they conduct it in consideration
of the neighbors and the neighborhoods.
He has heard only positive things from the actual residents.
Alderman Leahy asked Alderman Kramer if he would consider
changing the termination date of the Sunset Clause and establishing a new date
to give them time to continue working on the bill and evaluating it.
Alderman Kramer stated this topic was discussed at the
Public Works Committee level and there was an opportunity for discussion at
that time. He got the impression that
the guidelines that were in place were reviewed extensively. He has no problem with putting an extension
on the bill, but as to what date that would be he does not know. They could put a sixth month extension to
give some of the folks in the building community an opportunity to interact and
give their viewpoint. He has no
recommendation as to a specific date.
Just picking one out in a sixth month timeframe might allow them to have
those conversations.
When they spoke about this topic at the Public Work
Committee level the comments that came up were more along the lines of
enforcement, rather than a problem with the actual ordinance itself. It is always helpful to hear both sides of
the conversation. It is also helpful
to realize who stands to gain when you have those conversations.
John Cavanaugh - Highland Homes came before the Board and
stated he has not been contacted at all.
They are building a home on St. Clair.
He would love to sit down with someone and would be happy to
cooperate. The Architectural Review
Board is doing the ten-year outlook for the City of Brentwood and he would like
to be invited to the meeting. There are
a few practicalities that could be worked out from neighboring areas that the
ordinance does not address, so an extension would be helpful.
Motion was made by Alderman Kramer, second by Alderman
Leahy to amend Bill No. 5259 in Section 3, by extending the Sunset Clause date
to June 30, 2005. Roll call: Alderwoman Jepsen, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman
Wynn, yes.
Motion was made by Alderman Kramer, second by Alderman
Leahy to approve and adopt Bill No. 5259 as amended. Roll call: Alderwoman
Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes;
Alderman Robertson, yes; Alderman Wynn, yes.
The Mayor thereupon declared Bill No. 5259 duly passed
and signed same into approval thereof.
Said Bill was given Ordinance No. 3959.
Bill No. 5260 – Canvassers and Solicitors
Motion was made by Alderman Wynn, second by Alderman Robertson
to place Bill No. 5260 on hold and forward to the Public Safety Committee for
discussion. Roll call: Alderwoman Jepsen, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes.
Bill No. 5261 – Consent and Agreement
City Attorney Murphy gave Bill No. 5261, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONSENT AND AGREEMENT AMONG THE CITY OF
BRENTWOOD, MLP HANLEY STATION, LLC AND UNION PLANTERS BANK, NATIONAL
ASSOCIATION, its first and second readings.
Director of Economic Development Shelton came before the
Board and stated that there are two amendments proposed for the Consent and
Agreement on page 5, Section 8.2, last sentence. It is basically acknowledging the developer did not close under
the original agreement. In being
consistent with the zoning proposal tonight to extend that date to February 26th
for the rezoning, he would like to propose the date in the document be changed
from February 15, 2005 to February 26, 2005.
The other proposed amendment is under Exhibit B, 3, which would be the
current approved site plan.
The Consent and Agreement provides for when the developer
takes out their construction and acquisition loan, if they were to default then
the bank that is loaning them the money would have the right. This is provided within the redevelopment
agreement but this document further lays out the specifics of that. It basically says that the City agree that
the bank could come in and finish the project, if they were to default, under
the exact same circumstances. A good
example of that is on page 2, #1, Consent.
The City hereby consents to the assignment by developer to the bank of
all of the developer’s rights. It
states that as long as the loan is outstanding, once they have taken out the
TIF notes and they are complete then the bank does not have any rights. The developer has fulfilled their
obligations under the construction financing.
Any agreements, amendments that the developer would want from this time
forward, the documents provide that the bank would also have to be notified of
any changes.
City Attorney Murphy asked if #3 would then become #4
under Exhibit B.
Director of Economic Development Shelton stated when it
was drafted on behalf of the bank and reviewed by Mark Grimm, Special Counsel
it was stating whatever other things the City would want to put in there like
amendments, modifications, restatements and renewal. The only amendment the City has is the first amendment, so the
only other document the City has is the site plan.
City Attorney Murphy stated he presumed that was put in
there to have a little flexibility for future events. The current site plan would become #3 and the previous #3 would
become #4.
Alderman Leahy stated that the zoning ordinance should be
listed specifically. That zoning
ordinance could affect holding in the development of this property because it
is in conflict.
Director of Economic Development Shelton stated that it
would be fine to add the zoning ordinance as #5.
Alderman Kramer asked if the City has precedence for
doing that.
Mayor Kelly stated all of the projects that the City has
been involved with in the past that have gone to a conventional bank in order
to get the construction loan have had this same kind of agreement like
Brentwood Square and Meridian. That was
not done with the Promenade and Dierbergs projects. It is a protection for the bank that if they are making the loan
for the construction that if in the middle of the project the developer were to
pull out it gives the bank the ability to finish the project. Without that they would be stuck with the
land and half filled buildings but they wouldn’t have any rights according to
the City to finish the project. They
would have to go through all those processes again in order to build out the
project.
Alderman Leahy stated that Section 8.3 states any amounts
required to be paid prior to the date of the developer to the City pursuant to
the Development agreement. The City is
in full current standing with no outstanding bills.
City Administrator Seemayer stated that is correct.
Alderman Leahy stated Section 8.6 is the modification and
plans that they modified and approved at the time they approved the zoning
change and the development. There are
no other plans that are officially of record anywhere that have been
submitted. They have conditionally
approved those plans and there was a conditional approval for a sign package to
come in later.
Mayor Kelly stated the sign package and the site could
change. It is an approved site plan but
is not a final site plan. The concept
is approved.
Motion was made Alderman Kramer, second by Alderman
Marshall to approve and adopt Bill No. 5261 as amended. Roll call:
Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes.
The Mayor thereupon declared Bill No. 5261 duly passed
and signed same into approval thereof.
Said Bill was given Ordinance No. 3960.
Alderman Leahy stated this is the fifth extension in the
way of delivery time to get the project moving forward. He would like to know that they would not be
asked again in February to push it back.
Resolution No. 917 – Beer and Wine at
Holiday Open House
This Resolution would allow the City to serve beer and
wine at the Holiday Open House on December 20th.
Motion was made by Alderman Wynn, second by Alderman
Marshall to approve Resolution No. 917.
Roll call: Alderwoman Jepsen,
yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer, yes;
Alderman Robertson, yes; Alderman Wynn, no.
ACCOUNTS AGAINST THE CITY
Alderman Marshall asked about the CDG Engineer bill in
the amount of $13,828.50.
City Administrator Seemayer stated this is another bill
for the study and design work for the Helen Avenue storm sewer project. They have now completed the study and will
be forwarding it to the next Public Works Committee meeting with three options
for them to consider for that project.
Alderman Leahy stated that this $39,000 total bill might
be reimbursable from MSD if they can get them on board.
Alderwoman Jepsen asked for clarification on item #2
regarding the fencing on the south driveway of the Brentwood Recreation Center.
City Administrator Seemayer stated he is not sure but
would find out.
Alderwoman Jepsen asked if they have to fence off
something from the construction of the south driveway of the recreation center
would it be at the City’s expense?
City Administrator Seemayer stated if that were the case
it would not be the City’s expense.
That would fall on the developer for that site.
Motion was made by Alderman Marshall, second by Alderman
Wynn to adopt the warrant list dated 12/6/04 as submitted. All in favor none opposed.
REPORT OF COMMITTEES AND DEPARTMENT HEADS:
Mayor’s Report
Executive Session
Mayor Kelly stated the executive session scheduled for a
legal matter would not be needed tonight.
Holiday Open House
Mayor Kelly stated the Holiday Open House would be held
on December 20th at 5:00 p.m. at the Brentwood Recreation
Center. There will be free ice-skating
at 6:45 p.m.
Sewer Projects
Mayor Kelly stated he had a meeting with MSD’s Planning
Director last week. They have not
finalized their budget for next year.
They are still trying to find money to do work on the Helen Avenue sewer
project as well as the Mount Calvary storm water project. One of the things he has suggested to them
in their planning for their budget is given the amount of money the City has
budgeted in the 2005 budget is to work with MSD to help facilitate those
projects. They could fund both of those
projects 100% or the City could fund the projects with an agreement that the
City could be reimbursed in the future.
Alderman Marshall stated he had several neighbors ask him
about the sewer project. He was under
the assumption that they were sending notification to the people on Eulalie and
Rosalie that are going to be affected by it.
He requested a letter be sent to the residents because it will directly
impact their yards.
Alderwoman Jepsen stated as a member of the Storm Water
Committee she requested some reports from MSD. She asked if the reports were here and what is the timeline.
Mayor Kelly stated as a City they need to go through the
Public Works Committee or himself so that they are not asking different people
to do the same things.
Hanley Road
Mayor Kelly stated they had a Hanley Road meeting today
with Richmond Heights and Maplewood and the steering committee that is putting
that proposed plan together for the improvements to the Hanley Road
corridor. They tried to get all the
elected officials from the county and state level to attend the meeting. They are at the stage where they need to
determine how they are going to come up with the $45 million to make those
improvements to Hanley Road between Manchester and I-64. It was a very productive meeting with
Charlie Dooley attending and a number of representatives for state
representatives were there. He will
forward the information to the Board of Aldermen.
Manchester Road
Mayor Kelly stated a while back they were notified by
MoDOT that they had allocated $9 million for improvements to Manchester Road
and they were going to do some resurfacing and curb work and work with the
municipalities to try to make some improvements along those lines, even though
it’s going to be limited by the fact that the TDD did not pass. They were now notified that they have
reallocated $9.5 million and scheduled to do smooth road work which is a quick
milling and overlay. They are in
conversations with MoDOT to see who reallocated those funds and see if they
could get some of that money back to make curb and sidewalk improvements that
the money was allocated for.
Parking Spaces
Mayor Kelly stated there are currently parking spaces up
to the sidewalk at Brentwood Center south entrance as you enter the
driveway. Having those parking spaces
that close to the entrance of the driveway is a bad situation. While they are constructing their
landscaping and doing their concrete work it might be an opportunity to cut out
those two spaces, put a curb in and landscape that corner of the parking lot as
well to eliminate that hazard. He asked
that the Public Works Committee look at that.
Motion was made by Alderman Leahy, second by Alderman
Kramer to send the matter to the Public Works Committee and if agreeable to
move forward with the removal of those two parking spaces. All in favor none opposed.
Public Safety Committee
Alderman Robertson stated he would like to hold a meeting
on Wednesday, December 22nd from 4:00 to 5:30 p.m.
Public Works Committee – No report
City Engineer – No report
Parks – No report
Zoning Administrator – No report
Ways and Means Committee
2005 Budget
Alderman Marshall thanked everyone for their help with
the 2005 Budget. The Ways and Means
Committee allocated the money for the storm water projects. They look at the City as a whole and decide
what the City can afford. It is the
Board of Aldermen and the Ways and Means Committee that came up with the
numbers and pushed it through.
Planning and Zoning – No report
City Attorney – No report
City Clerk/Administrator
Work on Private Property
City Administrator Seemayer stated Alderwoman Jepsen had
requested an update regarding the City doing work on private property. Being more of a legal matter, he turned it
over to City Attorney Murphy who responded with a letter. The letter basically addresses if the City
need contracts to do those types of work.
The city attorney’s opinion is that a written contract is not
needed.
Alderwoman Jepsen thanked the City Attorney Murphy for
his very complete and thorough answer to her question regarding the issue. She asked what is going to be the procedure
for similar work.
Mayor Kelly stated the Board decided to agree with the
current procedures on how those situations are handled.
Alderwoman Jepsen asked City Attorney Murphy if he
checked specifically with the state.
She stated there is no legal precedent for this, yet the stated
auditor’s letter stated that such an agreement maybe required. Why would they recommend it if there is no
precedent or format to follow.
City Attorney Murphy stated he could not answer
that. One of his associates researched
that specific issue and that was her answer, that it was not required. He stated no one checked with the
state.
Mayor Kelly responded does that mean the City should have
a contract with the Boy Scouts when they do the can food drive at the fire
department every year. The firemen are
working all day on that with loading trucks and collecting can goods. He does not know that they want the
community to be like that.
Alderman Marshall stated as a longtime resident of
Brentwood he has witnessed goodwill type things to the neighborhoods. He does not think you could mandate
goodwill. The city administrator or
public works could make those decisions on their own. He is not for micromanaging and believes that would be what you
would be doing if you have to have a meeting on every little issue. He would not be for mandating any kind of
ordinance or anything for that matter.
Alderman Wynn stated Brentwood is a “City of
Warmth”. Warmth implies generosity,
etc. The City has to be very vigilant
with someone that is doing something for political reasons or profiting from
it. If they find that someone is trying
to do something nice he does not have a problem with it.
City Administrator Seemayer stated in the report from the
state auditor it prohibited cities from granting public money or property to an
individual, corporation or such.
Sometimes those phrases can be construed ten different ways. The City is not providing money or property
to anyone. He does not know that they
are talking about two different things.
It could be that this is not applicable to what the City does.
Alderwoman Jepsen stated she came forward because people
downhill whose homes were flooding saw the parks department crew working at
Mount Calvary Church and this is the property that is contributing to the
flooding of their homes. The Ways and
Means Committee has taken a giant step in putting forth $400,000 to start
working on the storm water.
Mayor Kelly stated it is $200,000.
Alderwoman Jepsen stated that it did not look like they
were robbing peter to pay Paul. It just
looked like nothing was being done to alleviate their situation and they did
not understand why the City employee was doing work when the church that by its
own admission stated they were not going to do anything because if they do
something and it fails, they would be liable.
The people did not understand what was going on and that is why she came
forward.
Mayor Kelly stated as elected officials they should try
to explain things to people when situations like this occur.
Director of Economic Development
Comprehensive Plan
Director of Economic Development Shelton came before the
Board and stated that the Board has before them the Comprehensive Plan Steering
Committee report for the month of November.
They are starting to make good progress. The focus is now turning to focus groups and individual
interviews. The committee has
identified some groups of individuals to get initial feedback from the
community, and to put together a community survey. The economic resources associates, which is a co-group and
subcontractor with Woolpert has toured the community and begun looking at
what’s happening in Brentwood and surrounding communities and what kind of
impact it would have. They will develop
all kinds of economic figures. They
have looked at some of the residential aspects that have been facing the
community. Vector Communications is
doing some public engagement types of things.
They have taken advantage of St. Louis County’s mappings, statistics and
the information they have. The next
meeting will be held on December 15th in the Council Chambers from
7:00 p.m. to 9:00 p.m.
Alderman Kramer asked if there is a handle on the
timeline for the topic of the focus groups, the residents input and the amount
of those that will take place.
Economic Development Director Shelton stated that it
would be a combination of six different focus groups and an equal number of
individual interviews. The Board of
Aldermen will be interviewed either as a group or as individuals when there is
actually some information to respond to, as well as the Planning and Zoning
Commission.
Mayor Kelly stated the Comprehensive Plan Steering
Committee would be putting out an introduction letter about the Comprehensive
Plan to try to inform the residents to be aware of the survey and to return
it. The letter is on the cover of the
December newsletter.
Alderman Robertson asked if there would be any open
meetings held.
Economic Development Director Shelton stated they would
have open meetings, forums, etc. The
committee went through an extensive interview process and selected Vector
Communications firm because of their ability to do public engagement.
Shady Creek Greenway
Economic Development Director Shelton stated there would
be an open house tomorrow on the Shady Creek Greenway beginning at 4:30 p.m.
until 8:00 p.m. He encouraged everyone
to take a couple of minutes to come in and see what they are proposing. The trail system is going to start in
Webster Groves, run through Maplewood and hook up with River Des Peres. They believe it would be good to get it in
Brentwood. It would be helpful for
residents to attend the open house and express their need for Brentwood to be
included in the trail system.
Library
Alderman Wynn stated the library recently had a book
sale.
Municipal League – No report
Waste Management
Solid Waste
Mayor Kelly stated they made it through the first leaf
season smoothly. The trash has been a
big success this year. The City is
saving almost $9,000 a month on trash hauling.
Storm Water Management – No report
Communication – No further report
Insurance Committee – No report
Historical Society – No report
UNFINISHED BUSINESS – None
NEW BUSINESS
Ward 3 Meeting
A Ward 3 meeting will be held on Tuesday, December 28th,
2004 at 7:00 p.m. for an open forum of talking with the aldermen.
Boy Scouts Can Food Drive
Alderman Leahy stated last month he asked the residents
to help support the Boy Scouts in their Scouting for Food Program, which took
place on Saturday, November 20th. Based on the response they received from the residents and with
the help of the Brentwood Fire Department, this is their 21st year
of collecting food for the needy. The
Boy Scouts in the Greater St. Louis area collected over 2.5 million cans of
food for the needy. It will probably
feed the hungry in St. Louis for approximately 4 months. This program would not have been possible
without a whole lot of behind the scenes help from both the businesses, the
fire departments of the Greater St. Louis Area, the Boy Scouts and the
residents for filling the bags and getting them out to the curb. He thanked everyone for supporting the
program.
Rock Hill Fire Department
Alderwoman Jepsen asked what is the status of the Rock
Hill fire department.
Mayor Kelly stated a meeting is being scheduled with some
of the surrounding mayors to talk about that issue. It is his understanding that Rock Hill has approached the City of
Glendale and asked them to take over their fire service. They wanted it to take place before the
middle of December. He has not heard if
they have come to an agreement or if they are working towards that. He wrote a letter to the aldermen and
mayor of Rock Hill and told them from the City of Brentwood standpoint, they
have some real concerns with that like the mutual aid. If Rock Hill were to relocate their fire
department in Glendale, Brentwood would not only become the first responders to
at least 1/3 or 1/2 of their calls but when Brentwood is in need of assistance
they would be five to eight minutes away, putting their property, lives and
firemen in jeopardy. The question is
what would it do to that mutual aid calculation and how are they going to
reimburse the City if they are taking on that added responsibility. He has not heard a response back from them.
Postal Service
Alderman Leahy asked if they have heard anything from the
United States Postal Service about relocating back into the City of Brentwood.
Mayor Kelly stated they have not. They offered them a number of sites to move
their retail back into Brentwood and he does not know that they have even
approached any of them. He believes
they are right where they want to be.
ADJOURNMENT
Motion was made by Alderman Leahy, second by Alderman
Wynn to adjourn the meeting at 8:45 p.m.
All in favor none opposed.
Pat
Kelly, Mayor
Attest:
Chris Seemayer, City Clerk