MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
City Hall September 19, 2005
Council Chambers 7:00 p.m.
Mayor Kelly introduced Sam White,
a third grade student at Mark Twain Elementary School whose family bid on a
silent auction item for him to be Mayor for the day.
Mayor for the day Sam White led
everyone in the Pledge of Allegiance.
ROLL CALL
Present: Mayor Kelly,
Mayor for the day Sam White, Alderwoman Jepsen, Alderman Leahy, 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, Chief Rick Knight and Executive
Secretary Williams.
Absent: None.
CONSIDERATION AND APPROVAL OF THE AGENDA OF THE REGULAR
BOARD OF ALDERMEN MEETING OF SEPTEMBER 19, 2005
Mayor Kelly stated the
Rosalie/Eulalie Walking Trail and Bridge is a TDD project. The bids were reviewed and approved by the
Strassner Road TDD board and the project is moving forward. He requested the bids be removed from the
agenda. He also stated that
Representative Scott Muschany was unable to attend the meeting, so the Update
on Legislative Affairs should be removed from the agenda.
Motion was made by Alderman Wynn,
second by Alderman Marshall to amend the Agenda of the Regular Board of
Aldermen Meeting of September 19, 2005 by removing the Rosalie/Eulalie Walking
Trail and Bridge bids and the Update on Legislative Affairs by Representative
Scott Muschany from the agenda, and add a Presentation to Bob Shelton under
item D.
Roll call: Alderwoman Jepsen, 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 Golfin to approve and adopt the Agenda of the Regular
Board of Aldermen Meeting of September 19, 2005 as amended. Roll call:
Alderwoman Jepsen, 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 AUGUST 15, 2005
Motion was made by Alderman
Golfin, second by Alderman Kramer to approve and adopt the Minutes of the
Regular Board of Aldermen Meeting of August 15, 2005 as delivered. Roll call:
Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman
Wynn, yes; Alderman Cross, yes.
SWEARING-IN OF PATROL OFFICER
Patrol Officer Timothy Bone came
before the Board and was sworn in by Mayor Kelly. Officer Bone stated that he is married with three children. For the past three and a half years he has
worked for the Ferguson Police Department as a Patrol Officer and spent almost
a year with the St. Louis County Drug Team.
POLICE OFFICERS RECOGNITION
Chief Rick Knight came before the
Board and stated that Tim Bone is an excellent officer. He welcomed him to the Brentwood Police
Department and City of Brentwood.
Chief Knight stated that a
homicide occurred in January of this year in Brentwood Forest and he would like
to recognize the officers that worked on the investigation for about seven
months. There were hundreds of leads
and as a result of their outstanding performance, dedication and perseverance a
suspect was identified. Warrants were
subsequently issued for murder in the first degree and armed criminal
action. The suspect is currently in
custody at the St. Louis County jail awaiting trial. He recognized Captain Steve Disbennett, Lieutenant Walter
Koehler, Detective Jim McIntyre, Sergeant Jeff Manestar, Detective/Sergeant Dan
Freeman, Sergeant Tom Zerheide, Sergeant Hattie Carman, Police Officer Dan
Retzlaff, Lieutenant Paul Ferber, Detective Jason Simpson, Police Officer Nick
Stanze and Police Officer Todd Lambert for doing an outstanding job on the
case.
Chief Knight stated that Nick Stanze,
who could not be here tonight, received the John G. McEntee Award on June 8,
which was given to him by the Mental Health Association of Greater St. Louis
for his outstanding performance of duty.
He assisted Rock Hill, along with another officer, with a suspect that
was suicidal and homicidal. The suspect
threatened to kill himself and his family members and fled from the house with
two knives. Nick and a Glendale officer
subsequently confronted the suspect and took him into custody by means of a tazer. When the suspect was later interviewed, he
admitted that his intention was to either kill himself or commit suicide by
police, to have the police kill him. As a result of the arrest, the suspect got
the help that he needed and the officers were able to apprehend him without
having to take the fatal approach.
Chief Knight stated that Captain
Steve Disbennett, the Assistant Chief of Police recently returned from the FBI
National Academy where he went through a ten-week course. The FBI course instructors provided the
training and a lot of them are highly degreed.
As a result of that, the University of Virginia was able to award
academic credits because of their accreditation, so Assistant Chief Disbennett
received some credits from the college. The Academy started in 1935 and there
have been a total of 38,485 people that have gone through it
internationally. The knowledge he
brought back will be very valuable to the department for years to come. He acknowledged Assistant Chief Disbennett
for the wonderful work he did at the FBI Academy.
Assistant Police Chief Disbennett
thanked the Mayor and Board for allowing him to go to the FBI Academy. He thanked Chief Knight for nominating him
to go and all the support he has given him.
He stated on the first day there, the Director of the FBI addressed
their class and he told them that less than one half of one percent of all law
enforcement officers ever get to attend the FBI Academy. He took great pride in that and representing
the City and the police department.
HEARING OF ANY MATTER OF PUBLIC INTEREST UPON REQUEST OF
ANY PERSON PRESENT – None
Presentation to Bob
Shelton
Mayor Kelly presented a plaque to Bob Shelton, former
Director of Economic Development/Asst. City Administrator on behalf of the Board
of Aldermen and the residents of the City for his ten years of service to the
residents and business community of Brentwood. The Board of Aldermen also showed their appreciation by
presenting Mr. Shelton with a couple of gifts.
Presentation of Financial
Achievement Award
Mayor Kelly stated the Financial Achievement Award is an
honor for the City because of the dedication of the staff. This is the fifth year in a row that the
accounting office, which includes Susan Zimmer, Jackie Radovich and Karen Mosby,
as well as Chris Seemayer/ City Administrator, has received the award. The Mayor presented the Certificate of
Achievement for Excellence in Financial Reporting to Susan Zimmer and
congratulated her and the accounting department for the time they put in to
help the City achieve the award.
Alderman Wynn stated he attended the MML Conference last
weekend and in talking with several businesspeople, he received some high
praises for the Brentwood employees.
Presentation of 2004
Audit
Tammy Alsop – Partner at Hochschild, Bloom & Company
came before the Board to present the 2004 Audit. Mrs. Alsop went over some key points of the 2004 Audit. She pointed out that the “Independent
Auditor’s Report” in paragraph 3 states, “In our opinion, the financial
statements referred to above present fairly, in all material respects, the
respective financial position of the governmental activities, each major fund,
and the aggregate remaining fund information of the City as of December 31,
2004, and the respective changes in financial position, where applicable
thereof for the year then ended in conformity with U.S. generally accepted
accounting principles”. She stated that
is an unqualified opinion, which means that is the highest form of assurance a
city can receive on their financial statements, which is a very positive
opinion.
Alderman Kramer stated that they have had discussions in
the past years concerning the City’s capital reserves and the amount in the
reserve account. He asked Mrs. Alsop if
she had a comment regarding the reserves in terms of how the City stack up to
other municipalities.
Mrs. Alsop stated there is really no benchmark. It is what the City wants to have in the
fund balance to cover next year’s operating expenses. Some cities do a benchmark of about 15%; some do 20% of
expenses. With the decline in tax
revenue and things going down just a little bit it has been hard to meet those
benchmarks. There is nothing that gives
you an actual number that says you have to have a certain amount there.
Mayor Kelly stated that he has brought up in the past that
the City’s reserve is too low. One of
the meetings that he attended at the Missouri Municipal League Conference dealt
with financing in small cities. This
subject came up there. The presenter at
that meeting said exactly the same thing Mrs. Alsop said that it is really up
to the municipalities to decide. In the
future, from the City’s standpoint, they should have at least 25% of their
operating budget in reserves every year.
Mrs. Alsop thanked the Mayor, Board, Chris Seemayer and
the accounting department for their help with the 2004 Audit.
INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND
RESOLUTIONS
First and Second Readings
of Bills
Motion was made by Alderman Cross, second by Alderman
Leahy to give Bills No. 5296 and 5297 first and second readings. Roll call:
Alderwoman Jepsen, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman
Wynn, yes; Alderman Cross, yes.
Bill No. 5296 –
Subdivision 1240 and 1260 Hanley Industrial Ct.
City Attorney Albrecht gave Bill No. 5296, AN ORDINANCE
APPROVING A PLAT FOR THE SUBDIVISION OF TWO PARCELS LOCATED AT 1240 AND 1260
HANLEY INDUSTRIAL COURT INTO FOUR (4) PARCELS; WAIVING CERTAIN MINIMUM LOT
SIZES AND AREAS FOR TWO OF THE LOTS CREATED BY SAID PLAT; AND ESTABLISHING THE
EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.
Alderman Kramer read a synopsis of Bill No. 5296 into
record, which is attached to the official and paper copy minutes.
Alderwoman Jepsen asked if MLP is responsible for building
the street and will the City then take it over.
Mayor Kelly stated yes.
That is part of the project and the redevelopment agreement. They are purchasing the property, building
the road and then turning it over to the City.
Motion was made by Alderman Robertson, second by Alderman
Marshall to approve and adopt Bill No. 5296.
Roll call: Alderwoman Jepsen,
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. 5296 duly passed and
signed same into approval thereof. Said
Bill was given Ordinance No. 3993.
Bill No. 5297 – Site
Development Plan
City Attorney Albrecht gave Bill No. 5297, AN ORDINANCE
GRANTING APPROVAL OF A SITE DEVELOPMENT PLAN FOR CONSTRUCTION OF A 2,000 SQUARE
FOOT ADDITION TO AN OFFICE/WAREHOUSE BUILDING AT PROPERTY NUMBERED 2748 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 Kramer read a synopsis of Bill No. 5297 into
record, which is attached to the official and paper copy minutes.
Alderwoman Jepsen stated information contained in their
packets, when it was headed to the Planning and Zoning Commission, mentioned
that the property was in the floodplain.
Director of Public Works/City Engineer Payken stated that
a portion of the property is in the floodplain but the area where the building
is located has been raised up, so there is no threat of any kind of flooding to
the structure itself.
Mayor Kelly stated it is the building just north of there
that is already elevated which is about 10 or 15 feet above the floodplain.
Motion was made by Alderman Cross, second by Alderman
Leahy to approve and adopt Bill No. 5297.
Roll call: Alderwoman Jepsen,
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. 5297 duly passed and
signed same into approval thereof. Said
Bill was given Ordinance No. 3994.
ACCOUNTS AGAINST THE CITY
Alderwoman Jepsen asked for clarification on the work that
was done at 50 York Hills.
Mayor Kelly stated a new house was being constructed next
door to this particular resident and there was a combination sewer that ran
between the property lines of the two houses.
The new home already had their driveway torn up. It was brought to their attention and they
went to MSD. MSD knew that in a few
years they were going to be doing a sewer separation project there. In order to accelerate that project, MSD put
a project together and put it out to bid.
When they got their bids back they were at the top level of their bid
and in order to move the project forward and stay within their bid
requirements, he, and he thought that he had addressed it to the Board earlier
in the year, had agreed that they would do the sidewalk work on the existing
driveway, not the one that was going to be rebuilt. The concern with doing it swiftly was the fact that the new home
resident was building at least a $35,000 retaining wall that would have been
right on top of the sewer as well as the new driveway. It was beneficial for the City to work with
MSD and move the project forward. MSD
went ahead and did the sewer separation project, so that they would not have to
come in there in two or three years and rip out both driveways and the
retaining wall. He agreed at that time and he thought that he had addressed it
with the Board that they would handle the replacement of the driveway. The amount on the warrant list was not the
total cost for the driveway work. The residents also contributed approximately
$4,000 to $5,000 for their portion of the driveways.
Alderman Leahy asked if that project would qualify for any
grant refinancing that the City could apply for, since the City helped MSD in
the expenditure.
Mayor Kelly stated it is matching funds towards this
project and in the future the City could go to MSD for help with another
project.
Motion was made by Alderman Marshall, second by Alderman
Golfin to accept the warrant list as submitted. All in favor none opposed.
REPORTS OF COMMITTEES AND DEPARTMENT HEADS:
Mayor’s Report
Thank You
Mayor Kelly thanked all the employees that helped with the
Brentwood Days Festival. The parks and
public works employees did an outstanding job.
They worked all day Friday to get Brentwood Park in shape after the
rains on Thursday evening. They did in
one day what normally takes them three days to do. Alderman Leahy received a compliment from a resident about how
clean everything was throughout the day.
It is a credit to the employees that did such an outstanding job.
Projects
Mayor Kelly stated they have been working with some of the
residents on Litzsinger Avenue regarding the road project. He thanked Mr. Payken for meeting with some
of the residents and getting their approval of what they would like to do on
that roadway. They need to have some
actual drawings done of the project so that they could get Ameren UE to
formalize the moving of the telephone pole that is in the street. They will proceed with getting those
drawings done and getting that to Ameren UE to get the project facilitated as
fast as they can.
Alderman Kramer asked for an update on the MetroLink
garage and MLP financing.
Mayor Kelly stated there are no changes in MLP’s
financing. They are moving
forward. The situation with the
MetroLink garage has been very frustrating from the City’s and the developer’s
standpoint. With the petition that is
circulating it could go back for a vote of the residents throughout St. Louis
County. If they collect the 25,000 or
so signatures within the next 40 days it will put a halt on that project until
the end of next year because the vote will not take place until next
August. Metro signed the agreement
with DCM. DCM had not signed the
agreement primarily because they were concerned that Metro would have the
ability to finance their 2/3 of the garage.
This happened the week of the petition.
At this point, DCM and Metro do not have an agreement. DCM is considering filing for force majeure
on the project. They needed to get
their portion of the garage completed.
They have taken down the Purina Mills building, which to their belief
initiated Phase 2 of the project. They
are requesting verbally $4,000,000 of the TIF for that project. The City will need to evaluate that before
the funds are allocated.
Property Tax Issue
Alderman Marshall asked for an update on the property tax
issue with the Missouri Growth Association.
Mayor Kelly stated the City has not heard back from the
Missouri Growth Association. After they
met with them they had a better comfort of what the City was doing with the
property taxes for commercial and residential.
Manhassett Village
Demolition
Alderman Golfin stated they have talked with staff from
Richmond Heights and some of the developers and have worked out some reasonable
agreements with the developers regarding the Manhassett Village
demolition. They agreed to save the big
trees and would be keeping a minimum of dust and traffic on Eager Road, which
is shared by both Brentwood and Richmond Heights. He has received a couple of calls from concerned residents on
Eager Road that are stating that the operation of the heavy equipment is
shaking their homes. He suggested the
vehicles use McCutcheon Road exclusively because it leads directly into the
development. There is no access from
Eager Road into the development directly where there is from McCutcheon Road.
Mayor Kelly stated he would talk to the Mayor of Richmond
Heights.
Public Safety Committee
Alderman Robertson announced a Public Safety Committee
meeting will be held on Wednesday, September 21st at noon at the
Brentwood Police Department.
Public Works Committee
Alderman Cross announced a Public Works Committee Meeting
would be held on Thursday, September 29th at noon in the Conference
Room of City Hall.
City Engineer – No
report
Parks – No
report
Zoning Administrator – No
report
Mayor Kelly requested that item G, 3, a, and b, be removed
from the agenda.
Ways and Means Committee
Alderman Marshall announced a Ways and Means Committee
meeting will be held on Thursday, September 29th.
Planning and Zoning – No
report
City Attorney – No
report
City Clerk/Administrator – No
report
Director of Economic
Development
Comprehensive Plan
Don Biemdiek, member of the Comprehensive Plan Committee
stated that the Committee has been doing a lot of investigating and planning to
make the City the best place to live. Their Committee has been meeting
monthly. Woolpert, the Consultant has
been doing a superb job of gathering data, taking the revisions that they have
made and editing them. The
Comprehensive Plan will be an easy to use document. When they are finished with the plan they will present it to the
Planning and Zoning Commission to evaluate the suggestions that the
Comprehensive Plan Committee has made and then the Planning and Zoning
Commission will make recommendations to the Board of Aldermen.
Mr. Biemdiek told Mayor for the day Sam White that when he
is old enough to ride his bike in the streets they might have some special
markings in the streets, if some of their recommendations in the plan are
developed, so people could ride bikes in the City.
Mayor for the day Sam White asked if some of the roads
would be marked for the bike paths.
Mr. Biemdiek said yes and they will be tied into the
existing bike paths through the parks.
Alderman Golfin asked Mr. Biemdiek if there is a timeline
for the final draft.
Mr. Biemdiek said yes.
When it is finished they will hold a public hearing. They have had some public input sessions and
private interviews and they just finished their business survey with the
interviewing of business owners in Brentwood.
Many interesting suggestions were given. There will be copies of the final draft available for citizens to
review.
Excise Commissioner
Liquor License
Request/Premier Cru
Alderman Cross stated Premier Cru, a wholesale distributor
is requesting a liquor license. They
will be located in Hanley Industrial Court and everything is in order.
Motion was made by Alderman Cross, second by Alderman
Robertson to grant the liquor license to Premier Cru/1010 Hanley Industrial
Court. Roll call: Alderwoman Jepsen, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman
Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
Mayor Kelly asked the Ways and Means Committee to discuss
increasing the amount of restaurant liquor licenses. New businesses will be coming in with the MLP project and they
will need additional liquor licenses.
Library – No
report
Municipal League
Alderman Golfin stated there is a complete report at
everyone’s places regarding the MML Conference. There was a great deal of intensity about the utility tax, the
back taxes owed and the resistance of the utility companies to pay this
tax. There are many municipalities that
are in trouble because of their revenues, having depended on those, they
adjusted other taxes downward. The
legislature recently passed legislation, which is very unfavorable to
municipalities collecting that excise and franchise tax; making it almost
impossible. Because of the deep pockets
of the utility companies and the great resources they have they can fight it in
the courts forever.
Waste Management
Commission – No further report
Communication - No
report
Insurance Committee – No
report
Historical Society – No
report
UNFINISHED BUSINESS
Alderman Leahy stated that a resolution was passed at the
last meeting allowing alcohol to be served at the Mayors of Small Cities
meeting. He asked if the City has
increased any of its liability since the City is hosting the meetings.
City Administrator Seemayer stated the City does not have
any increased additional liability and the current coverages that are in place
are sufficient.
NEW BUSINESS
Ward 3 Meeting
Alderman Leahy announced a Ward 3 meeting would be held on
Tuesday, September 27 at 7:00 p.m. in Council Chambers of City Hall.
Eminent Domain Resolution
Alderwoman Jepsen distributed a sample resolution from the
City of Ellisville regarding eminent domain, taking private property for
private development. The Council in
Ellisville passed a resolution and is working on making it a city
ordinance. She would like to meet with
City Administrator Seemayer regarding what committee the resolution should go
to.
Mayor Kelly thanked Mayor for the day Sam White for his
participation in the meeting. He did an
outstanding job.
Recess
The meeting was recessed at 8:20 p.m. for an executive
session/personnel and legal Matters.
Executive
Session/Personnel and Legal Matters
Motion was made by Alderman Cross, second by Alderman
Leahy to enter into executive session on a personnel and legal matters at 8:30
p.m. All in favor none opposed.
All members of the Board and Mayor were present. Also present were City Attorney Albrecht,
Chief Knight, Assistant Chief Disbennett, Special Counsel Hesse and City
Administrator Seemayer.
Discussion took place on a
personnel matter with a police department employee. No action was taken.
Motion was made by Alderman
Robertson, second by Alderman Cross to bring the McCarthy/Jepsen resolution to
the next meeting for an executive session at 6:45 p.m. All in favor none opposed.
After discussion, motion was made
by Alderman Cross, second by Alderwoman Jepsen to return to open session at
9:02 p.m. All in favor none opposed.
ADJOURNMENT
Motion was made by Alderman
Cross, second by Alderman Golfin to adjourn the meeting at 9:03 p.m. All in
favor none opposed.
Pat
Kelly, Mayor
Attest:
Chris Seemayer, City Clerk