MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
City Hall August 15, 2005
Council Chambers 7:00 p.m.
Roll Call
Present: Mayor Kelly,
Alderman Marshall, Alderman Golfin, Alderman Kramer, Alderman Robertson,
Alderman Wynn and Alderman Cross.
City Attorney
Albrecht, City Clerk/Administrator Seemayer, Director of Public Works/City
Engineer Payken, City Treasurer Reynders and Executive Secretary Williams.
Absent: Alderwoman
Jepsen, Alderman Leahy and Director of Economic Development Shelton.
CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR
BOARD OF ALDERMEN MEETING OF AUGUST 15, 2005
Motion was made by Alderman
Golfin, second by Alderman Robertson to approve the Agenda of the Regular Board
of Aldermen Meeting of August 15, 2005.
Roll call: Alderman Marshall,
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 AUGUST 1, 2005
Motion was made by Alderman
Cross, second by Alderman Marshall to approve the Minutes of the Special Board
of Aldermen Meeting of August 1, 2005 as presented. Roll call: Alderman Marshall, 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 JUNE 20, 2005
Motion was made by Alderman
Cross, second by Alderman Kramer to approve the Minutes of the Regular Board of
Aldermen Meeting of June 20, 2005 as presented. Roll call: Alderman
Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson,
yes; Alderman Wynn, yes; Alderman Cross, yes.
BIDS – 2006 One (1) Ton Pickup and Plow Trucks
City Administrator Seemayer read
into record the bid results for 2 - 2006 One (1) Ton Pickup and Plow Trucks as
follows:
Reuther Ford 2
– 2006 F 350 Pickup Trucks $53,742.00
Broadway Ford 2 – 2006 F 350 Pickup Trucks $55,999.60
The bids were reviewed in the Public
Works Committee meeting of August 3rd.
HEARING OF ANY MATTER OF PUBLIC INTEREST UPON REQUEST OF
ANY PERSON PRESENT
Presentation of 2004
Audit
Mayor Kelly stated the presentation of the 2004 Audit
would be postponed until the next meeting.
Presentation by American
Traffic Solutions
Mayor Kelly stated American Traffic Solutions has a video
monitoring system that monitors people illegally running red lights. He requested the Public Safety Committee
review the proposal and make recommendation to the Board.
Jay Specter – American Traffic Solutions came before the
Board and stated the purpose of a video monitoring system is to reduce
accidents and fatalities at intersections.
Red Light Camera Systems are currently used in 22 states, including the
District of Columbia. Their experience
has been that you see a reduction of 72% in violations, 35% in fatalities and
41% in accidents at intersections. The
Red Light Camera System photographs anybody who enters the intersection when
the signal is red by taking a photograph of the rear of the vehicle and license
plate. The violation is then mailed out
to the registered owner of the vehicle and that person is responsible for the
ticket. If the owner of the vehicle
were not driving at the time, the ticket would be issued to the individual that
was. The system produces a clear
picture of the license plate in all conditions. The system has proven time and time again its reliability and
there would be no cost to the City.
Mayor Kelly stated that another big safety factor that
would be a great advantage to the police officers is the 24-hours a day video
camera that is part of the system. If
there was an accident at an intersection and the police arrive on the scene they
would immediately log onto the website and be able to watch the accident just
seconds after it happened.
Public Hearing – 7:15
p.m. – Property Tax Rates
Mayor Kelly announced the public hearing for the setting
of the 2005 property tax rates would now be heard at 7:15 p.m.
City Administrator Seemayer stated the proposed tax rates
for the year 2005 are as follows:
General Fund
Residential Rate $.000 Commercial Rate $.158
Library Fund
Residential Rate $.157 Commercial Rate $.136
Police and Firemen’s Retirement Fund
Residential Rate $.388 Commercial Rate $.411
The total real estate rate for residential is $.545 and
commercial is $.705, which brings the property tax rate for both to $.771.
Mayor Kelly asked if there were any comments from the
audience.
There were none.
Mayor Kelly announced the public hearing closed at 7:17
p.m.
INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND
RESOLUTIONS
First and Second Readings
of Bills
Motion was made by Alderman Golfin, second by Alderman
Cross to give Bills No.
5290, 5291, 5292, 5293, 5294 and 5295 first and second
readings. All in favor none opposed.
Bill No. 5290 – Removing
Sunset Clause
City Attorney Albrecht gave Bill No. 5290, AN ORDINANCE
AMENDING ORDINANCE NO. 3959, SECTION 3, BY REMOVING THE SUNSET CLAUSE
ESTABLISHED FOR 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.
Mayor Kelly stated the Board had approved the removal of
the sunset clause established for construction regulations at the June
meeting. This bill makes it
official.
Alderman Kramer read a synopsis of Bill No. 5290 into
record. A copy of the synopsis is
attached to the minutes.
Motion was made by Alderman Kramer, second by Alderman
Cross to approve and adopt Bill No. 5290.
Roll call: Alderman Marshall,
yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill No. 5290 duly passed and
signed same into approval thereof. Said
Bill was given Ordinance No. 3987.
Bill No. 5291 – Amending
Chapter 5
City Attorney Albrecht gave Bill No. 5291, AN ORDINANCE
AMENDING CHAPTER 5 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD,
MISSOURI BY DELETING SECTION 5-5 IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A
NEW SECTION 5-5 (a), (b), (c), AND (d) 1, 2 AND 3; BY ADDING A NEW SECTION
5-5.1; AND DELETING SECTION 5-26 (e) IN ITS ENTIRETY; 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. 5291 into
record. A copy of the synopsis is
attached to the minutes.
Alderman Golfin stated the changes are mandated by
MSD. It is a little incongruous that
MSD should require that they pay specific attention to animal fecal matter and
at the same time they have combined sanitary sewage flowing into sewers and
open trenches in Brentwood. It should
be brought to the attention of MSD to concentrate and focus their efforts on
things that are more important environmentally than this particular action.
Motion was made by Alderman Golfin, second by Alderman
Marshall to approve and adopt Bill No. 5291.
Roll call: Alderman Marshall,
yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill No. 5291 duly passed and
signed same into approval thereof. Said
Bill was given Ordinance No. 3988.
Bill No. 5292 – Financial
Interest
City Attorney Albrecht gave Bill No. 5292, AN ORDINANCE
READOPTING ORDINANCE NO. 3153, SECTION 2-471 OF CHAPTER 2 OF THE REVISED CODE
OF ORDINANCES OF THE CITY OF BRENTWOOD FOR 1987; PROVIDING FOR THE CURRENT
MAINTENANCE OF THIS CODE; PROVIDING FOR THE REPEAL OF ALL CONFLICTING
ORDINANCES; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first
and second readings.
Alderman Kramer read a synopsis of Bill No. 5292 into
record. The synopsis is attached to the
minutes.
Motion was made by Alderman Wynn, second by Alderman
Robertson to approve and adopt Bill No. 5292. Roll call: Alderman
Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson,
yes; Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill No. 5292 duly passed and
signed same into approval thereof. Said
Bill was given Ordinance No. 3989.
Bill No. 5293 – Property
Tax Rates
City Attorney Albrecht gave Bill No. 5293, AN ORDINANCE TO
CONFIRM, RATIFY AND APPROVE THE RATE OF TAX TO BE ASSESSED AND COLLECTED FOR
EACH ONE HUNDRED DOLLARS ($100) OF ASSESSED VALUATION FOR THE YEAR 2005 FOR:
(A) GENERAL MUNICIPAL PURPOSES; (B) TO PAY PRINCIPAL AND INTEREST AS THE SAME
MATURES ON INDEBTEDNESS OF THE CITY OF BRENTWOOD EVIDENCED BY BONDS; (C) TO PAY
FOR THE MAINTENANCE OF THE PUBLIC LIBRARY; AND (D) TO PROVIDE THE ANNUAL CONTRIBUTION
TO THE CITY OF BRENTWOOD’S POLICE AND FIREMEN’S RETIREMENT FUND; PROVIDING FOR
THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL
CONFLICTING ORDINANCES, its first and second readings.
Mayor Kelly stated the City received a fax from the
Missouri Growth Association, which is an organization of commercial real estate
developers or members. They represent
the commercial real estate industry in Missouri. A few years ago the State of Missouri changed their laws so that
they could break out commercial real estate and residential real estate and set
different tax rates for those two groups.
At that time Brentwood was one of two cities in St. Louis County that
had the ability to take advantage of that and lower the residential property
tax rate. The Missouri Growth
Association is challenging their ability to have a different rate for residents
than they do for commercial. This will
be the third year the City has been able to do that. After this year it goes statewide which is the way the law was
written by the State. The Missouri
Growth Association is afraid that as it goes statewide more municipalities will
be able to take advantage of the redistribution of taxes.
Alderman Robertson asked if it is a lawsuit or challenging
of the State ordinance.
City Administrator Seemayer stated they threatened, if
they could find a commercial property owner in Brentwood, to file a class
action lawsuit.
Alderman Marshall pointed out that Brentwood has one of
the lowest tax rates for commercial.
Alderman Kramer stated he has had a number of his
constituents continue to ask him if the City is not raising the rates on
residential why are their property taxes continuing to go up. They have no utility taxes. There has recently been some action by the
school district, which has an impact on residential property taxes.
Mayor Kelly stated they have the inflationary rate that
will increase taxes somewhat. Over the
period of the last six or seven years, almost every time the City had reduced
the property tax rate the school district was fortunate enough to have a bond
issue or a tax rate increase. When
Brentwood had eliminated $.27 in property taxes in the past, the school
district raised theirs $.29, so the residents did not see any benefit from
that. The reality of it is that
Brentwood’s total tax rate is, if not the lowest, the second lowest total
property tax rate in St. Louis County.
City Administrator Seemayer stated because of the Hancock
Amendment Brentwood’s rates have to rollback so they do not take in any more
revenue than they took in the previous year except for an inflation amount that
is set by the State, which is usually in the 2 to 3% range. However, the average assessed value increase
this year in Brentwood for residential property was 19%. If you were at 19% or below you would not
see any property tax increases from Brentwood.
If your assessed value went up over 19% you could see an increase. The commercial assessed value has gone up
52% in the City of Brentwood in the past year. The City also has a debt service fund that the voters approved
in 1992 and 1993 for street and park bonds, which has been set at $.000 for
both residential and commercial.
Alderman Kramer read a synopsis of Bill No. 5293 into
record. The synopsis is attached to the
minutes.
Motion was made by Alderman
Cross, second by Alderman Marshall to approve and adopt Bill No. 5293. Roll call:
Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes;
Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5293 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3990.
Bill No. 5294 – Site Development Plan
City Attorney Albrecht gave Bill
No. 5294, AN ORDINANCE GRANTING APPROVAL OF A SITE DEVELOPMENT PLAN FOR PARKING
LOT CONSTRUCTION AND A NEW BUILDING FAÇADE FOR AN OFFICE/RETAIL/WAREHOUSE
BUILDING AT 425 HANLEY INDUSTRIAL COURT WHICH PERMITS UNDER THE PROVISIONS OF
CHAPTER 25, SECTIONS 126 AND 260 OF THE BRENTWOOD CITY CODE THE DEVELOPMENT OF
THAT SITE; PROVIDING THE CONDITIONS TO SUCH DEVELOPMENT; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCES, its first and second readings.
Alderman Kramer read a synopsis
of Bill No. 5294 into record. The
synopsis is attached to the minutes.
Motion was made by Alderman
Golfin, second by Alderman Robertson to approve and adopt Bill No. 5294. Roll call: Alderman Marshall, yes; Alderman
Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes;
Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5294 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3991.
Fred Epstein – Indeeco/425 Hanley
Industrial Court came before the Board and stated that next year will be their
50th year in Brentwood. One
of the features of the redevelopment is that they are providing for water
retention.
Bill No. 5295 – Issuance of Bonds
City Attorney Albrecht gave Bill
No. 5295, AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAX INCREMENT REFUNDING AND
IMPROVEMENT REVENUE BONDS, SERIES 2005 (BRENTWOOD SQUARE PROJECT) OF THE CITY
OF BRENTWOOD, MISSOURI, AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION
WITH THE EXECUTION AND DELIVERY OF THE BONDS, its first and second readings.
Mayor Kelly stated this bill
refinances the Brentwood Square TIF notes by taking advantage of lower interest
rates. He asked what was the date for
the retirement of the bonds.
Jim Lahay – Stifel Nicolaus
Company stated it depends on what assumptions they use for growth. If they assume no growth in revenues, which
has not been the history, it would be retired in ten years.
Alderman Kramer read a synopsis
of Bill No. 5295 into record. The
synopsis is attached to the minutes.
Motion was made by Alderman Golfin,
second by Alderman Cross to approve and adopt Bill No. 5295. Roll call:
Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes;
Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5295 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3992.
Resolution No. 923 – Mayors of Small Cities
Meeting
Mayor Kelly stated the Mayors of
Small Cities Organization of which he is the chairman would be holding their
monthly meetings at Brentwood City Hall.
As part of their tradition, they have a light dinner after the meetings
and serve beer and wine. If approved,
Resolution No. 923 would allow them to do that.
Alderman Wynn stated in all the
years he has been on the Board all he has seen is a continuing usage of alcohol
in more and more places and at more and more events. It is unfortunate that
groups cannot have meetings or get together without alcohol being served or to
just go out afterwards and have alcohol.
Alderman Marshall pointed out
that City funds would not be used for that.
Motion was made by Alderman
Golfin, second by Alderman Marshall to approve and adopt Resolution No.
923. Roll call: Alderman Marshall, yes; Alderman Golfin,
yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, no; Alderman
Cross, yes.
Resolution No. 924 – Extending Sunset Clause
Deadline
Alderman Kramer read a synopsis
of Resolution No. 924 into record, which is attached to the minutes.
Motion was made by Alderman
Kramer, second by Alderman Cross to approve and adopt Resolution No. 924. Roll call:
Alderman Marshall, yes; Alderman Golfin, yes; Alderman Kramer, yes;
Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
ACCOUNTS AGAINST THE CITY
Motion was made by Alderman
Marshall, second by Alderman Golfin to approve the warrant list dated August 15th. All in favor none opposed.
REPORT OF COMMITTEES AND
DEPARTMENT HEADS:
Mayor’s Report
Executive Session/Personnel Matter
Mayor Kelly announced the
executive session/personnel matter would not be needed this evening.
Brentwood Days Festival
Mayor Kelly reminded everyone
that the Brentwood Days Festival would be held on Friday, September 16th
and Saturday, September 17th at Brentwood Park. Mayor Kelly thanked City staff for all the
work associated with making the arrangements and making Brentwood Days Festival
a great success every year.
Public Safety Committee
Alderman Robertson stated a
Public Safety Committee meeting will be held on August 31st at 4:00
p.m.
Public Works Committee – No further report
City Engineer – No report
Parks – No report
Zoning Administrator – No
report
Ways and Means Committee –
No report
Planning and Zoning – No
report
City Attorney – No report
City Clerk/Administrator –
No report
Director of Economic
Development
Resignation
Mayor Kelly announced that Bob
Shelton/Director of Economic Development would be resigning. They wish Mr. Shelton the best. He has been a great employee and an asset to
the City.
Excise Commissioner
Temporary Liquor Licenses – Café Brazil and O B Clarks
Motion was made by Alderman
Cross, second by Alderman Marshall to approve the temporary liquor licenses for
Café Brazil and O B Clarks for the Brentwood Days Festival to be held on
September 16th and 17th.
Roll call: Alderman Marshall,
yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes; Alderman Cross, yes.
Library – No report
Municipal League – No
report
Waste Management Commission
Waste/Recycle
Alderman Golfin announced a
Waste/Recycle Committee meeting is scheduled for Tuesday, August 23rd
at 7:00 p.m. in the Conference Room of Brentwood City Hall. They will emphasize recycle promotion
throughout the City of Brentwood. He thanked
Alderman Cross for a very interesting article on recyclables and how recycle
bins should be larger than trash bins.
Now that the City is doing the recycle and waste hauling services
residents could show their appreciation of that service to the City by
recycling.
Communication – No further
report
Insurance Committee – No
report
Historical Society – No
report
UNFINISHED BUSINESS
Eulalie/Rosalie Trail
City Administrator Seemayer
stated that bids for the Eulalie/Rosalie trail would be opened tomorrow morning
at 10:00 a.m. A meeting has been
scheduled with the TDD next week to review and approve the bids.
Eager Road Improvements
Mayor Kelly stated all the plans
have been developed for the Eager Road improvements. They are waiting for a final easement from the owners of the
Promenade in order to widen the road.
Those plans will be put out to bid to try to get the construction
started. St. Louis County and MoDOT have
approved the plans.
NEW BUSINESS
Manhassett Village Demolition
Alderman Kramer gave an update on
the Manhassett Village demolition. He
stated that every window in Manhassett Village has 3.5% asbestos composition,
so they are all being removed by hand per special guidelines. They are hoping for a November completion of
the demolition and re-routing of McCutcheon Road. They are still planning on building 28 townhouses in Phase 1 to
the west of McCutcheon Road and approximately 120 garden style, single level
condominiums immediately to the east of that road. He was told that after Phase 1 and 2 are completed they might
sell Phase 3, which was to be the high-rise portion of the development.
Post Office Location
Mayor Kelly stated they have not
heard of any definite sites for the location of the Post Office. They have had more inquiries from developers
that are very actively looking for sites in Brentwood to build a Post
Office. The RFP’s were due back for the
site on Manchester Road today. The City
received one proposal from that and it is not for a Post Office. The problem with the site on Manchester Road
is it is in the flood plain.
ADJOURNMENT
Motion was made by Alderman
Cross, second by Alderman Marshall to adjourn the meeting at 7:50 p.m. All in favor none opposed.
Pat
Kelly, Mayor
Attest:
Chris Seemayer, City Clerk