MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
City Hall February
7, 2005
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 and Alderman Cross.
City Attorney
Murphy, City Clerk/Administrator Seemayer, Zoning Administrator Wolf, Director
of Economic Development Shelton, Treasurer Reynders, Chief Knight and Executive
Secretary Williams.
Absent: Alderman Golfin.
CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR
BOARD OF ALDERMEN MEETING OF FEBRUARY 7, 2005
Motion was made by Alderman
Cross, second by Alderman Leahy to approve and adopt the Agenda of the Regular
Board of Aldermen Meeting of February 7, 2005.
Roll call: Alderwoman Jepsen,
yes; Alderman Marshall, yes; Alderman Leahy, 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 JANUARY 3, 2005
Correction:
Page 2, last paragraph should
read, “The sewer will be relocated from underneath residents’ houses”.
Motion was made by Alderman
Leahy, second by Alderman Robertson to approve and adopt the Minutes of the
Regular Board of Aldermen meeting of January 3, 2005 as amended. Roll call:
Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
Bids – ADA Restroom
Renovations
City Clerk/Administrator Seemayer
stated bids were opened on Friday, January 21, 2005 for ADA restroom
renovations in City Hall. One bid was
received from Interior Construction Services for $32,400.00. $25,000 of that amount will be paid by a
grant through the Community Development Block Grant Funds.
The bid was referred to the Ways
and Means Committee.
Mayor Kelly stated that the Boy
Scouts Troop 339 from the Brentwood area is present tonight. They are working on their merit badge. Ryan Marshall/8522 Rosalie Avenue, Andy
Drier/2424 Mari Kay Court, Jack Suntrup/8710 Bridgeport, Sam Drier/2424 Mari
Kay Court, Sam Hopwood/8121 Fawn Avenue and Evan Marshall/8522 Rosalie Avenue
came before the Board and introduced themselves.
Ryan Marshall stated that they
were working with the local government for the citizenship in the community
merit badge. One of the requirements is
to attend a local aldermanic meeting.
HEARING OF ANY MATTER OF PUBLIC INTEREST UPON REQUEST OF
ANY PERSON PRESENT
Pat King – 8821 Bridgeport came
before the Board and stated that Double D Lounge is not adhering to the parking
arrangements and agreements made with Police Chief Knight. They would like to be treated like the Lawn
Avenue residents that live near O B Clark’s who has a full time parking
attendant and there patrons are not allowed to park on Lawn. The residents received a letter on December
13th that stated they were going to move towards a resident only
parking on Bridgeport and Moritz. The
bill did not pass at the last meeting.
They are tax-paying citizens and deserve the right to park in front of
their homes and not have fighting, urination, litter, yelling, carousing and
property damage on their street. He
stated that if Double D Lounge was in any of the other aldermen’s wards he
wonders if they would vote for the bill.
Public Hearing – ARB Standards/Amending Chapter 25
Mayor Kelly announced a public
hearing for the ARB standards would now be heard at 7:15 p.m. He asked if there were any comments from the
audience.
There were none.
Alderman Cross stated the bill
would come before the Board at the first meeting in March.
Mayor Kelly stated the public
hearing would be continued to the March 7th meeting.
Alderwoman Jepsen asked Aldermen
Kramer and Cross if they were contemplating any type of changes to the
bill.
Alderman Kramer stated the bill
received a positive recommendation from the Planning and Zoning Commission and
they are looking forward to inviting as many public comments as possible.
INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND
RESOLUTIONS
Removal of Bills from the Agenda
Motion was made by Alderman
Kramer, second by Alderman Wynn to remove Bill No. 5250 from the agenda. All in favor none opposed.
Motion was made by Alderman Marshall,
second by Alderman Wynn to remove Bill No. 5253 from the agenda. All in favor none opposed.
1st and 2nd
Readings of Bills
Motion was made by Alderman
Leahy, second by Alderman Marshall to give Bills No. 5267, 5268 and 5269 first
and second readings. Roll call: Alderwoman Jepsen, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes; Alderman Cross, yes.
Bill No. 5267 – Agreement with SSM St. Mary’s Health Center
City Attorney Murphy gave Bill
No. 5267, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF
OF THE CITY OF BRENTWOOD, MISSOURI, FOR MEDICAL SERVICES WITH SSM HEALTH CARE
ST. LOUIS OWNING AND OPERATING SSM ST. MARY’S HEALTH CENTER, 6420 CLAYTON ROAD,
ST. LOUIS, MISSOURI 63105, IN CONNECTION WITH PROVISION OF MEDICAL SERVICES,
its first and second readings.
Alderman Kramer read a synopsis
of Bill No. 5267 into record. The
synopsis is attached to the minutes.
Mayor Kelly stated the Medical
Director Agreement is a benefit to the City that the hospital does free of
charge as a community service. The
Medical Director oversees the ambulance, paramedics and EMTs and ensures that
any updates are brought to their attention.
It is also required for having an ambulance service in the City of
Brentwood.
Alderman Leahy stated page 2,
section 4, establishes that the City has a requirement providing two different
types of insurance policies. He asked
if those policies are in place.
City Administrator Seemayer responded
that the policies were in place.
Alderman Leahy stated in entering
into the agreement the City is not establishing St. Mary’s Health Center as
being the preferred carrier. The
residents still have the right to declare where they wish to be serviced.
Mayor Kelly responded that is
correct.
Alderman Marshall stated as he
understands it if it is an emergency they go to the closest facility.
Motion was made by Alderman
Leahy, second by Alderman Wynn to approve and adopt Bill No. 5267. Roll call: Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy,
yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes;
Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5267 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3964.
Bill No. 5268 – Resident Permit Parking Only
Alderman Cross stated she was not
able to attend the last few Board meetings because of some illnesses in her
family. The City sent a letter out to
the residents on Moritz and Bridgeport and received about 12 to 15 calls from
people who were in favor of doing the resident permit parking only. They received a call from a gentleman that
was not crazy about having the permit in his car but did not have a better idea
to deal with the problem. There is a
parking lot for the patrons of Double D Lounge to park in. She has had a conversation with the owners
and there is plenty of space there for parking. This was an agreement that the owners of Double D Lounge went
along with. Double D Lounge requested
the resident only parking because they are paying a parking attendant to
monitor the parking and to also clean up the litter at 2:00 a.m. in the
morning. It was mutually agreeable
between the residents and businesses.
She requested the bill be changed to the 8800 blocks of Moritz and
Bridgeport, Thursday, Friday and Saturday from 4:00 p.m. to 6:00 a.m. She also requested that the Public Safety
Committee review the parking situation in the next coming weeks to see if it is
working out.
Motion was made by Alderman
Cross, second by Alderman Robertson to amend Bill No. 5268 by implementing
resident permit parking only on the north and south sides of the 8800 blocks of
Moritz and Bridgeport, Thursday through Saturday from 4:00 p.m. to 6:00
a.m. Roll call: Alderwoman Jepsen, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes; Alderman Cross, yes.
Alderwoman Jepsen stated she
believes that takes care of Alderman Wynn’s concern of event parking for the
school. It frees up the parking for the
area close to the school.
Alderman Wynn stated there are
things going on far beyond parking problems.
The business should not be there if they can’t control their
patrons. People are coming to that
place of business, so the business should be doing something to straighten the
problem out.
Mayor Kelly stated some of the
issues that have been brought to light this evening are more extensive than
things that had been brought to their attention in the past. He asked that the Public Safety Committee
and Police Chief Knight talk about those issues and more stringent enforcement
or observations in that area.
Alderman Marshall stated as he
understands it patrons are not supposed to bring open alcoholic beverages
outside the establishment.
City Administrator Seemayer
stated he would check to see if they have a package liquor license. If they do not have one then they should not
be bringing anything out of the building.
Mayor Kelly stated even with a
package liquor license they could not bring open bottles out of the
building.
Alderman Leahy stated he is not
in favor of the bill because they are establishing a bad precedent of making
public streets that are paid for by the City’s general fund, that is
contributed both by the residents and the business, and establishing them as
resident only usage. His fear is you
may only invoke more of a problem with the residents. He asked the Aldermen from Ward 1 to explain how a resident in
the 8800 block of High School Drive wishes to have a party on a Thursday or
Friday night would go about accomplishing getting their residents and guests to
attend the party and not be ticketed versus a patron that would come and park
in that block and use the bar at that time.
Alderman Cross stated the
residents would get a permit for as many cars as they own. Then they would get four visitor cards for
their visitors to place in their cars and the owner would have to get that back
from the visitors when they leave. She
suggested that when someone is going to have a large party that they contact
the police department ahead of time and inform them that they are going to have
a number of cars on the street.
Mayor Kelly stated with any law
dealing with the police they have the right to sometimes use their
discretion. They would know what the
ordinance is trying to accomplish. If a
resident on that street were having a family party, it would not be the
intention of the City to ticket or tow away cars. The idea is to try to stabilize the neighborhood so it could
remain a community type atmosphere.
Alderman Wynn asked how would
they know if those vehicles were parked there for something else.
Mayor Kelly stated if they did
ticket the cars by mistake he is sure those people would call City Hall. They would deal with that situation when it
occurs.
City Attorney Murphy gave amended
Bill No. 5268, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF
ORDINANCES OF THE CITY OF BRENTWOOD, MISSOURI BY ADDING TWO NEW PARAGRAPHS TO
SECTION 14-1038, SCHEDULE LL, NO PARKING EXCEPT BY PERMIT; 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 Wynn stated he is going
to vote for the bill because they have a problem that needs to be solved. He does not think it is a long-term
solution. They do not want to keep
shifting the parking in Brentwood.
Alderman Leahy stated that Mr.
King in the public session asked them to put themselves as alderman in a
resident’s position on those streets and how would they like to see the street
taken care of compared to representing the streets that they are the aldermen
of. Brentwood Park is in Ward 3. The residents on the four streets that are
perpendicular to Brentwood Park have had the discussion with him concerning the
use of those streets as overflow parking for the park. Reality is by space they do not see a way of
putting a bigger parking lot in down there, so the residents are going to have
to allow some give and take. The residents understood that the park was there
at the time they purchased their property and have to work with the
inconvenience of the extra overflow parking.
The police have been supportive in watching for blocked driveways. They had a couple of incidences where
people had open containers of alcohol in the park, which is not allowed and the
Brentwood Parks Department have had to deal with uncooperative sports teams
that have gotten a little aggressive.
There is no perfect solution. The police have done a very nice job of
addressing those issues. The issue he
keeps going back to is the cost of maintaining the streets of the City of
Brentwood. It is a contributory
arrangement by businesses and residents.
It is not something that is paid for individually by residents to
maintain those blocks. If they keep
limiting the parking they will end up sending some of their businesses out of
the area? Maybe this business will be
better suited somewhere else, but until then it is generating revenue for the
City. He would like to at least keep an
open mind to both benefiting the residents and the businesses in Brentwood.
Alderman Marshall stated
residents in Brentwood paying taxes earn the right to park in front of their
houses. They should work with the
residents to try to maintain that ability.
The owner of Double D Lounge has stated several times that there is
sufficient parking on their premises.
There is no reason for the patrons to go down into the streets to
park.
Alderman Kramer read a synopsis
of amended Bill No. 5268 into record.
The synopsis is attached to the minutes.
Motion was made by Alderman
Cross, second by Alderwoman Jepsen to approve and adopt Bill No. 5268 as
amended. Roll call: Alderwoman Jepsen, yes; Alderman Marshall,
yes; Alderman Leahy, no; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5268 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3965.
Mayor Kelly stated that Double D
Lounge lost their Sunday liquor license.
Public Hearing – ARB/Amending Chapter 25
Mayor Kelly announced a public
hearing for the ARB/Amending Chapter 25 would now be heard at 7:25 p.m. He asked if there were any comments.
There were none.
Mayor Kelly announced the public
hearing would be continued to the March 7th Board meeting.
Bill No. 5269 – Signage
Package – 2511-2521 S. Brentwood Blvd.
City Attorney Murphy gave Bill
No. 5269, AN ORDINANCE AMENDING ORDINANCE NO. 3961, WHICH APPROVED A SIGNAGE
PACKAGE DETAILING PROJECT AND MERCHANT IDENTITY SIGNAGE FOR 2511-2521 S.
BRENTWOOD BLVD.; PROVIDING THE CONDITIONS OF SUCH APPROVAL; AND, ESTABLISHING
THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.
Alderman Kramer stated in Bill
No. 5269 it seems as though everything is in place that they talked about at
the Public Works meeting. The
petitioner pledged to keep the color uniform throughout the existence of the
sign. The color of the sign is
apparently changeable and they have not addressed that.
Zoning Administrator Wolf stated
the petitioner stated that they are not going to change the colors but they
still have the right to do that, much the same as painting a different color on
the walls. If the Board wants the sign
to be green, it needs to be in writing.
Alderman Kramer stated they all
seem to agree on the aquamarine color.
Motion was made by Alderman
Kramer, second by Alderman Leahy to amend Bill No. 5269, section 1, to read
“placement of the large logo on the south lit panel with the lighted portion
behind the figurine to remain an aquamarine color as depicted in the December
14, 2004 revision from Warren Signs”.
Alderman Wynn stated the sign has
not changed since they started and his opinion of it has not either. He is opposed to the sign. The sign is displaying something that represents
a nude figure. It may be modernistic
but it is not a good thing to have along Brentwood Boulevard. He asked that it be made smaller. He is opposed to it being so big.
Roll call: Alderwoman Jepsen, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, abstained;
Alderman Wynn, yes; Alderman Cross, yes.
Alderwoman Jepsen stated
initially she was a strong opponent of the bill. The site has changed and she has changed her mind. As you drive by, with the Eagle Bank signs
in place, the trees in place, cars on the lot and the passage of time, those
panels have faded from being as predominant as they once were. She was approached and invited by the owners
to look at the site. The owner walked
her through the facility and explained that they do a lot of the tone on tone
and are in the business of good taste.
She respects Alderman Wynn’s concerns about the sign depicting a nude
female figure, but she thinks it will be seen as an artistic logo.
City Attorney Murphy gave revised
Bill No. 5269 first and second readings.
Alderman Kramer read a synopsis
of revised Bill No. 5269 into record.
The synopsis is attached to the minutes.
Alderman Leahy stated the
amendment of Bill No. 5269 was made to section 1. Section 1 allows them to delete what was taken out last month for
approval. Do they need to make it
section 1, a, in order to establish that the aquamarine lighting would be
included in the bill as a requirement?
City Attorney Murphy responded
yes.
Motion was made by Alderman
Leahy, second by Alderman Kramer to amend section 1 by leaving it as it
originally was permitted and add a second sentence to establish that the back
lighting of the panel should remain the aquamarine color and will be changed to
the color anytime that the equipment needs to be reset due to power
outages. Roll call: Alderwoman Jepsen, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, abstained;
Alderman Wynn, yes; Alderman Cross, yes.
Motion was made by Alderman
Leahy, second by Alderman Marshall to approve and adopt revised Bill No.
5269. Roll call: Alderwoman Jepsen, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Kramer, yes; Alderman Robertson, abstained;
Alderman Wynn, no; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5269 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3966.
ACCOUNTS AGAINST THE CITY
Motion was made by Alderman
Marshall, second by Alderman Cross to adopt the warrant list dated 2/7/05. Roll call:
Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
REPORTS OF COMMITTEES AND DEPARTMENT HEADS:
Mayor’s Report
Mayor Kelly extended his
condolences to Alderman Cross and her family.
Alderman Cross missed a couple of meetings because of a family member’s
illness. He thanked her for attending
the meeting that evening.
Executive Session/Legal Matter
Mayor Kelly announced an
Executive Session/Legal Matter would be held following the regular
meeting.
Metro Electric
Mayor Kelly announced that Metro
Electric would be coming to the City of Brentwood. They have been working with Metro Electric for a couple of months
for a site in Hanley Industrial Court.
They purchased and closed on the property Thursday afternoon, which is
the building south of Dobbs in Hanley Industrial Court that has been vacant for
about two years. They plan on putting a
showroom out front and using the rest of the warehouse for their
inventory. It will be a great addition
to the City.
Mayor Kelly stated the City had
been looking at the bond rates and the ability to refinance the bonds for the
Dierbergs project. The initial
evaluation looks very positive. The
City would be saving anywhere from a few hundred thousand dollars to close to a
million dollars in interest and shorten the length of those bonds as well. The information will be forwarded to the
Ways and Means Committee for review.
Public Safety Committee
Alderman Robertson announced a
Public Safety Committee meeting will be held on Wednesday, February 16th
at 4:00 p.m.
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
Director of Economic Development
Director of Economic Development
Shelton came before the Board and stated that the Board should have the January
update regarding the Comprehensive Plan.
The next big event for the entire community both business and
residential is the open house scheduled for February 16th at the
Brentwood Recreation Center. He
encouraged people to stop by and give their comments. There will be a visioning session on March 22nd where
they will be asked to look at different images within the community and outside
the community and engage things that they would like the community to include
or not include.
Director of Economic Development
Shelton stated the responses are still coming in from the surveys. Their initial volume was very strong but
then it tapered off very quickly. The
original deadline was February 1st.
The original plan was to do random samplings across the board. The bottom line is that they would not get
that many. All the surveys are
tabulated and counted. Vector did the
survey and they talked about a 10% overall return in order to have a good
sample.
Excise Commissioner –
No report
Library – No report
Municipal League – No
report
Waste Management Commission
– No report
Storm Water Management
– No report
Communication – No
further report
Insurance Committee –
No report
Historical Society – No
report
UNFINISHED BUSINESS
Alderman Leahy asked about a conceal/carry bill that was on
the agenda several months ago when the State was reviewing its conceal/carry
law. He asked that bill be brought back
to the Board.
NEW BUSINESS
Redevelopment
Alderman Leahy stated he would like to know what the present
status is on the MLP project on area 1 and how MLP is currently standing on the
redevelopment area for areas 2 and 3 in the Hanley Industrial Court.
Director of Economic Development stated they have closed on
the Walsh property. The only other
property is the Moog family property.
The trustees for the Moog family will be in town February 25, which is
their closing date. They have begun all
their permit work with St. Louis County and MSD, etc. and are moving forward on
that.
They have not had any discussions, contacts or further
negotiations on project areas 1 and 3, phase 2.
Mayor Kelly stated the Metro Electric building that was just
bought would be in this redevelopment area, which they are aware of. One of the benefits of this new roadway
going through Hanley Industrial Court is that it has spurred some new activity
in the Court. There is another large
tenant that is looking at the Indeeco property. This resurgence and new interest in the existing buildings is
solidifying the Court. They never
started negotiating a redevelopment agreement because he wanted to make sure
that those two projects were not tied together. That the Hanley Road project stands on its own and move forward
on its own. He believes that commitment
is there now. It is going to be a very
difficult time for them to acquire the property in Hanley Industrial
Court. They will have to make a
decision as to whether they can do that and if not he will ask them to withdraw
as the preferred developer.
Alderman Leahy stated he would appreciate it being done in a
timely manner.
Redeveloping Manhasset Village
Alderman Kramer stated there has
been a good amount of conversation over the last six months to a year about a
presentation made by a group called Waveland Partners from Chicago regarding
the Manhasset Village project owned by Draper & Kramer, no relation. The project is moving forward. The April 1st timeframe seems
more realistic for a demolition commencement.
The holdup had a lot to do with the neighborhood improvement district
that they were applying for to allow them to extend McCutcheon Road south to
Eager Road, which would in essence divide the property. The roadway improvements would also be
included on the parkway and some beautification along Eager Road on the
Richmond Heights side. Phase 1 of the
development would include the townhouses to the west side of McCutcheon Road
and the mid-rise building to the east side of the new McCutcheon Road. They have also pledged to have one more
meeting with the residents, members of the Brentwood Forest Association and the
City.
Ward 3 Meeting
Alderman Leahy stated the Ward 3
meeting would be held Tuesday, February 22 at 7:00 p.m. He will not be in attendance. Alderman Robertson will be hosting the
meeting solo.
Recess
The meeting was recessed at 8:10
p.m. for an executive session/legal matter.
Executive Session
Motion was made by Alderman Wynn,
second by Alderman Leahy to enter into executive session/legal matter at 8:16
p.m. All in favor none opposed.
After discussion on a legal
matter, motion was made by Alderman Leahy, second by Alderman Marshall to enter
into a settlement agreement with Jerry Germain Rides. All in favor none opposed.
Motion was made by Alderman
Leahy, second by Alderman Robertson to return to open session at 8:29 p.m. All in favor none opposed.
ADJOURNMENT
Motion was made by Alderman
Leahy, second by Alderman Cross to adjourn the meeting at 8:30 p.m. All in favor none opposed.
Pat Kelly, Mayor
Attest:
Chris Seemayer, City Clerk