MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
City Hall March 6, 2006
Council Chambers 7:00
p.m.
The Mayor led with the Pledge of
Allegiance.
ROLL CALL
PRESENT: Mayor Kelly,
Alderwoman Clements, Alderman Marshall, Alderman Leahy, Alderman Golfin,
Alderman Kramer, Alderman Robertson, Alderman Wynn, Alderman Cross.
City
Attorney Albrecht, City Clerk/Administrator Seemayer, Director of Public
Works/City Engineer Payken, Director of Economic Development/Asst. City
Administrator Denton, Executive Secretary Williams and Excise Commissioner
Clements.
ABSENT: City Treasurer
Reynders.
CONSIDERATION AND APPROVAL OF
THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF MARCH 6, 2006
Motion was made by Alderman
Golfin, second by Alderwoman Clements to approve and adopt the Agenda of the
Regular Board of Aldermen Meeting of March 6, 2006. Roll call: Alderwoman
Clements, 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 FEBRUARY 6, 2006
Motion was made by Alderman
Leahy, second by Alderwoman Clements to approve and adopt the Minutes of the
Regular Board of Aldermen Meeting of February 6, 2006 as presented. Roll call: Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy,
yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes; Alderman Cross, yes.
Alderman Golfin stated in the
Public Works Annual Report attached to the minutes, which reports on the
Sanitation Department work, in the listing of total waste and recycle, the
recycle is flat. There was no increase
in recycle if you adjust for the first three months, which does not have a
complete comparison in the previous year.
He emphasized that while the waste generation is down at the source, the
recycle is flat and they will be working on that.
CONSIDERATION AND APPROVAL OF
THE MINUTES OF THE SPECIAL BOARD OF ALDERMEN MEETING OF FEBRUARY 13, 2006
Motion was made by Alderwoman
Clements, second by Alderman Wynn to approve and adopt the Minutes of the
Special Board of Aldermen Meeting of February 13, 2006 as presented. Roll call:
Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman
Wynn, yes; Alderman Cross, yes.
PROCLAMATION – PATRIOT’S DAY
Alderman Wynn stated he is a
member of the Sons of the American Revolution.
In their meeting last month they discussed Patriot’s Day. It would be good for every city to pass a
proclamation proclaiming April 19th as Patriot’s Day.
Alderman Wynn read a proclamation
for Patriot’s Day into record, which is attached to the minutes.
Motion was made by Alderman Wynn,
second by Alderman Robertson to approve the proclamation. All in favor none opposed.
TASER PRESENTATION BY THE POLICE DEPARTMENT
Police Chief Knight came before
the Board and stated the taser has been in existence for several years. When it first came out it was originally
referred to as a stun gun. They have
since made a lot of scientific advancements with it. The taser they now have is referred to as an X26 energy
conduction weapon. Most of the police
departments around the Brentwood area already have them. They wanted to wait and see what the
public’s reaction would be to the taser, officer safety and the injury
sustained by the suspects. The studies
show that there is a 70 to 80 percent reduction in injuries to not only the
suspects but to the officers that are involved in the apprehension. Brentwood did an extensive training program
with the taser. They researched all the
different departments that had them and tried to get the best of all the
policies put together for Brentwood.
Chief Knight introduced Patrol
Officer Chris Gibson and Detective Nick Stanze as certified taser
instructors. They have done an
outstanding job in training the officers of the police department.
Patrol Officer Chris Gibson came
before the Board and described the taser and how it works. He stated that suspects are hit with two
probes and 50,000 volts are conveyed to the body, which is non-lethal. There are no lingering affects. It causes pain and total incapacitation and
overrides the central nervous system.
The taser is one of the main advantages they have over pepper spray for
someone that is on drugs. Effective
range for the taser is 21 feet. It can
also be used close up as a drive stun.
Detective Nick Stanze came before
the Board and stated that suspects become compliant after coming in contact
with the taser. Tasers are very
effective on a wide variety of targets.
It does not electrocute you if you are in water, and will not affect a
pacemaker. Since there is a live spark
coming from the taser you have to worry about flammable liquids etc. The weapon system plugs into a computer and
they have a program that will show the date, time and duration of the use of
the taser. The Brentwood Police
Department has six taser guns.
An informational short film was
shown and a brief demonstration was given of what actually happens when the
taser is activated at length and at close range.
Emergency Warning
System
Mayor Kelly asked Chief Knight
for an update on the emergency warning system.
Chief Knight stated the City had
problems with the warning system not sounding on a couple of occasions. The response that the City received to the
malfunction was that it was antiquated and that they did not have parts
available to fix it. The Chief of the
St. Louis County Police Department was kind enough to put in a request for
Brentwood and he believes it will be replaced with a solar system which is the
latest and the greatest.
Mayor Kelly stated that the
warning system does not belong to Brentwood.
It belongs to St. Louis County Emergency Management.
BIDS – None
HEARING OF ANY MATTER OF
PUBLIC INTEREST UPON REQUEST OF ANY PERSON PRESENT – None
INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND
RESOLUTIONS
Motion was made by Alderman
Cross, second by Alderman Wynn to remove Bills No. 5312 and 5313 from
hold. Roll call: Alderwoman Clements, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman
Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
1st and 2nd
Readings of Bills
Motion was made by Alderwoman
Clements, second by Alderman Cross to give Bills No. 5312, 5313, 5317, 5318,
5319 and 5320 first and second readings.
Roll call: Alderwoman Clements,
yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes;
Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
The synopsis of all bills will be
read and a hard copy will be attached to the minutes.
Bill No. 5312 – Grading and Excavating
City Attorney Albrecht gave Bill No. 5312, AN ORDINANCE
AMENDING CHAPTER 6 OF THE REVISED CODE OF ORDINANCES FOR THE CITY OF BRENTWOOD
BY CREATING A NEW ARTICLE IX IN CHAPTER 6 WHICH SHALL INCLUDE NEW SECTIONS
6-177 THROUGH 6-188 TO SAID CHAPTER RELATING TO GRADING AND EXCAVATING;
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 asked if there was any involvement in the
process from people who actually do grading work.
Director of Public Works/City Engineer Payken stated that they have not
discussed it with them directly but standards are very common throughout the
area.
Alderman Robertson stated he does not understand the engineering
requirement specified in Section 6-181, #9, last paragraph that states, “Solid
rock, shale or similar materials shall be removed to a depth of fifteen (15)
inches below subgrade for paved areas and two (2) feet below finish grade for
lawn areas, except where it is impractical because of rock outcropping”. He stated that could be a significant cost
for somebody who has rock on their site.
Director of Public Works/City Engineer Payken stated that the way he
reads it is if the rock outcropping is present then you would not have to
remove it to that level.
Alderman Robertson asked about other classifications of rock that would
not be a solid rock outcropping but would still be tremendously expensive to
remove. He is not sure what the
structural reason for that would be. He
asked where did the specifications for the bill come from.
Director of Public Works/City Engineer Payken stated there are two
scenarios in any grading operation, fill and excavation. With the fill, the purpose of removing the
rock is less important than when you excavate.
The reason is so that you have sufficient topsoil on top of the rock, so
that things will grow. As a practical
matter the number of times when this would become an issue in Brentwood would
be limited. Mr. Payken asked Alderman
Robertson if his thought is to delete that section.
Alderman Robertson responded yes.
Director of Public Works/City Engineer Payken stated he would not be
opposed to deleting that section. The
bill was modeled after an ordinance drafted in Crestwood. That ordinance was modeled after St. Louis
County regulations and some other larger cities that have new grading
ordinances such as Chesterfield.
Motion was made by Alderman Robertson, second by Alderman Kramer to
approve and adopt Bill No. 5312 as amended by removing the last paragraph in
Section 6-181, #9. Roll call: Alderwoman Clements, 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. 5312 duly passed and signed same
into approval thereof. Said Bill was
given Ordinance No. 4010.
Bill No. 5313 – Demolition of Buildings
City Attorney Albrecht gave Bill No. 5313, AN ORDINANCE AMENDING
CHAPTER 6 OF THE REVISED CODE OF ORDINANCES FOR THE CITY OF BRENTWOOD BY ADDING
A NEW SECTIONS 6-10 THROUGH 6-14 TO SAID CHAPTER RELATING TO DEMOLITION OF
BUILDINGS; 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.
Motion was made by Alderman
Cross, second by Alderwoman Clements to approve and adopt Bill No. 5313. Roll call:
Alderwoman Clements, 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. 5313 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 4011.
Bill No. 5317 –
Prohibiting School Buses
City Attorney Albrecht gave Bill
No. 5317, AN ORDINANCE AMENDING CHAPTER
14 OF THE REVISED CODE OF ORDINANCES FOR THE CITY OF BRENTWOOD BY ADDING A NEW
SECTION 14-1007.1 SCHEDULE G-1 RELATING TO THE OPERATION OF SCHOOL BUSES ON
CERTAIN DESIGNATED STREETS; 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 Marshall stated he brought the issue of the school buses to
the Public Works Committee because of several calls he received from the
residents on Eulalie. Over the last
couple of years they have been having problems with school bus drivers. The only way to stop them from going up
Eulalie from Dorothy to Helen is to ticket them and in order to do that they
would need an ordinance.
Mayor Kelly stated this issue should have been reviewed by the Public
Safety Committee. It is a public
safety issue opposed to a public works issue.
He understands it is a very narrow street and the buses have caused
problems going up and down that block of Eulalie and knocking mirrors off cars,
etc.
Alderman Leahy stated if this bill is passed the way it is currently
written the Brentwood MAGIC bus would not be qualified to go down that section
of Eulalie. He asked if that is the
intent of the bill. Since the MAGIC bus
does home pickups, anyone in that block would be prohibited from being picked
up. They would have to get to the end
of the street or up to the Recreation Center to be picked up.
Alderman Marshall suggested amending the bill to remove the word “motor
buses”.
Motion was made by Alderman Marshall, second by Alderman Cross to amend
Bill No. 5317 by removing the word “motor buses” from the bill. Roll call:
Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman
Wynn, yes; Alderman Cross, yes.
Alderman Leahy asked what specific complaints have they received that
would justify excluding buses on that particular block and not the other two
blocks of Eulalie.
Alderman Marshall stated the buses come in from McGrath or Brentwood
Boulevard down Eulalie, going east and then they park in front of Mark Twain
School. The problem is when they leave
they are supposed to come down Helen to Rosalie to Brentwood Boulevard. Instead they are using Eulalie going up that
one block which is much smaller than all the rest of the blocks of Eulalie that
has parking on both sides of the street.
Alderman Wynn stated that people on that block do not have driveways,
so their cars are parked on both sides of the street.
Alderman Golfin asked how would the ordinance be enforced.
Mayor Kelly stated signs would be posted at each end of the block.
Alderman Marshall stated that he believes the school district will be
sending a letter to the bus company letting them know that they would be
ticketed.
Alderman Leahy asked if there is any record in the City that states
which residents in that block may have special school needs in which a bus may
need to get to a household to take care of a student.
City Administrator Seemayer stated the City would not have that record.
Alderman Leahy asked if they could make an exception that a special
school district bus be allowed to use that block.
Mayor Kelly stated that they would always make an exception for
something like that.
City Administrator Seemayer stated the bill could be amended to read,
“except for pick up or drop off of students”.
Motion was made by Alderman Leahy, second by Alderman Marshall to
further amend Bill No. 5317 by adding the words, “except for the pick up or
drop off of students”. Roll call: Alderwoman Clements, 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 Marshall, second by Alderman Cross to
approve and adopt Bill No. 5317 as amended.
Roll call: Alderwoman Clements,
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. 5317 duly passed and signed same
into approval thereof. Said Bill was
given Ordinance No. 4012.
Bill No. 5318 – Commercial Vehicles and Motor
Buses Prohibited
Motion was made by Alderman Cross, second by Alderwoman Clements to
place Bill No. 5318 on hold and send to the Public Safety Committee for
discussion. Roll call: Alderwoman Clements, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman
Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
Bill No. 5319 – Mosquito Control Service
City Attorney Albrecht gave Bill No. 5319, AN ORDINANCE AUTHORIZING THE
MAYOR ACTING ON BEHALF OF THE CITY OF BRENTWOOD, MISSOURI TO ENTER INTO AND
EXECUTE A CONTRACT WITH ST. LOUIS COUNTY, MISSOURI FOR MOSQUITO CONTROL
SERVICE, its first and second readings.
City Administrator Seemayer stated the City of Brentwood does its own
mosquito spraying. The County provides
either spraying or larviciding.
Larviciding is the treating of creeks, standing water, etc. Generally that would cost about $1,500 a
year. They also test those areas for
viruses.
Alderman Golfin asked how are the services provided.
City Administrator Seemayer stated they do it on a call basis as needed
but they have a schedule of areas where there has been a history of
problems. The calls have to come
through the City.
Motion was made by Alderman Golfin, second by Alderman Marshall to
approve and adopt Bill No. 5319. Roll
call: Alderwoman Clements, 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. 5319 duly passed and signed same
into approval thereof. Said Bill was
given Ordinance No. 4013.
Bill No. 5320 – Real Estate Contract
City Attorney Albrecht gave Bill No. 5320, AN ORDINANCE AUTHORIZING THE
MAYOR TO ENTER INTO A REAL ESTATE CONTRACT ON BEHALF OF THE CITY OF BRENTWOOD,
MISSOURI FOR THE SALE OF CITY PROPERTY LOCATED AT #13 MIDDLESEX, its first and
second readings.
Alderman Golfin asked how did it develop that the City has a small
strip of land with no access to roads.
City Administrator Seemayer stated that when Cricket Lane was developed
as a subdivision prior to Middlesex they plotted a 20 foot strip in that area
as a buffer to the then unknown development to their east which ended up being
more homes. They had stopped paying the
taxes on that strip of land. In 1974
the City bought a number of properties, including #13 Middlesex, around
Brentwood from the tax office in St. Louis County. The City has no use for the property at #13 Middlesex and it is
not suitable as a park.
Alderman Golfin stated the synopsis mentioned five lots but the diagram
shows two lots that would be involved in acquiring the property.
City Administrator Seemayer stated five residents were notified whose
properties touch it. Two of the
residents showed some interest in the property. One person is buying it from the City and he will later subdivide
it, take a very small piece of it, and sell the remainder of it to #15
Middlesex.
Motion was made by Alderman Cross, second by Alderman Golfin to approve
and adopt Bill No. 5320. Roll
call: Alderwoman Clements, 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. 5320 duly passed and signed same
into approval thereof. Said Bill was
given Ordinance No. 4014.
ACCOUNTS
AGAINST THE CITY
Motion was made by Alderman Marshall, second by Alderman Golfin to
adopt the revised warrant list dated 3/6/06.
All in favor none opposed.
REPORTS OF COMMITTEES AND DEPARTMENT HEADS:
Mayor’s Report
Executive Session
Mayor Kelly stated an Executive Session/Personnel Matter would be held
following the regular session.
Sewer Projects
Mayor Kelly stated that a contractor has been selected and construction
would be starting in a week or so on the first phase of the Helen Avenue sewer
project.
Mayor Kelly stated that they are at an impasse with a couple of
residents and MSD regarding the project on Rosalie and Eulalie with respect to
gaining easements. A meeting will be
held with MSD and the residents to see if they can resolve those issues.
Mayor Kelly stated that they have been doing very well with the
Parkside project moving forward with the design stage. They were notified that the Yorkwoods
project is also proceeding into the design stage.
Bridge
Mayor Kelly stated they have been talking with representatives of the
Breckenridge Industrial Park and Webster Groves about replacing the bridge over
the creek going into Breckenridge Industrial Court. It is on the border of Brentwood. It services Breckenridge Industrial Park, which is really in
Webster Groves. There are some issues
with weight limit with the concrete trucks using that bridge. They need to replace the bridge and they
asked Brentwood to be a partner in replacing it. Brentwood had agreed to pay $25,000. Webster Groves was going to contribute $25,000 and the
Breckenridge Industrial area will fund the rest of the bridge. The reason Brentwood staff agreed to the
$25,000 in constructing the new bridge was if they were partners, they would
agree to eliminate the center pier from the bridge which causes a lot of the
backups in the creek when debris gets caught underneath that bridge.
Public Safety Committee – No report
Pubic Works Committee– No report
City Engineer– No report
Ways and Means Committee - No report
City Attorney –
No report
City Clerk/Administrator – No report
Director of Economic Development – No report
Excise Commissioner
Temporary Liquor License
Request/St. Mary Magdalen Parish
Excise Commissioner Clements stated St. Mary Magdalen Parish is asking
for a two-day temporary liquor license for the school picnic on May 19th and
20th.
Motion was made by Alderman Cross, second by Alderman Leahy to approve
the temporary liquor license request for St. Mary Magdalen Parish picnic. All in favor none opposed.
Library – No
report
Municipal League
– No report
Waste Management Commission
Meeting
Alderman Golfin announced a Waste/Recycle meeting would be held on
Wednesday, March 15th at 7:00 p.m. in the Conference Room of
Brentwood City Hall.
Curb
Caddies
Mayor Kelly stated the City received a grant for curb caddies to roll
recycle containers out to the curb.
Communication –
No further report
Insurance Committee
– No report
Historical Society
Open
House
Alderman Wynn invited everyone to attend the Historical Society’s Open
House on Wednesday, March 8th from 12:00 to 3:00 p.m.
UNFINISHED BUSINESS
Trail
and Bridge Project
Alderman Marshall asked for an update on the trail and bridge project.
Director of Public Works/City Engineer Payken stated when the project
was bid out they did not have all the easements that were needed to do the
work. During the course of working on
the easement acquisition, one of the property owners said he did not want to
give an easement on their property because if someone falls and gets hurt he
would be worried about liability. He
stated he would just sell the property to the City. That triggered a different type of process known as a boundary
adjustment plat. Because the City owns
the property down in the creek, they could shift the property lines and give
them the money for their property, do a sales contract and proceed. The other property owner felt the same way,
so they too wanted to do a boundary adjustment. As they prepared the boundary adjustment plat and the sales
contracts, other issues came up. When
you do a boundary adjustment plat anyone who has a financial stake in the
property has to sign off on the boundary adjustment plat. They have been working to resolve the issues
but it takes time. The bridge has been
ordered and is being fabricated, so no time is being lost there. Once the boundary adjustment has been
executed and recorded they will be ready to proceed with the project.
Alderman Kramer asked for updates on the vacancies of the post office,
Organized Living and Ultimate Electronics.
Mayor Kelly stated there is no change with the post office. They have put the City on hold. Pace Properties has a potential tenant for
the Organized Living vacancy but they are not going to commit until they know
what is going to happen with Highway 40.
Half of the Ultimate Electronics building has been leased to Office
Max.
Alderman Kramer asked if the signage package will change on the outside
and will they have to come back to the Board for approval.
Mayor Kelly stated they would have to reapply for their signage.
Director of Public Works/City Engineer Payken stated he has been
engaged in extensive discussions with Dierbergs about the signage and he
notified them that they will have to do a portion of the amount of signage
allowed under the Planned Development “P.D.” ordinance for each tenant based on
their square footage or any such portion as they wish. In no event can the total area and number of
signs be greater than what was allowed by the ordinance.
NEW BUSINESS
Ward
3 Meeting
Alderman Leahy announced a Ward 3 meeting would be held on Tuesday,
March 28th at 7:00 p.m. in the Council Chambers of Brentwood City
Hall.
Recess
The meeting was recessed at 8:37 p.m. for an Executive
Session/Personnel Matter.
Executive Session
Motion was made by Alderman Wynn, second by Alderman Golfin to
reconvene the meeting at 8:43 p.m. for an Executive Session/Personnel
Matter. All in favor none opposed.
Executive Session/Personnel Matter
Motion was made by Alderman Cross, second by Alderwoman Clements to
enter into an Executive Session/Personnel Matter at 8:44 p.m. All in favor none opposed.
After discussion on a personnel matter, motion was made by Alderwoman
Clements, second by Alderman Robertson to terminate Mark Payken’s employment
with the City. Roll call: Alderwoman Clements, 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 Cross, second by Alderwoman Clements to
return to open session at 9:08 p.m. All
in favor none opposed.
ADJOURNMENT
Motion was made by Alderman Cross, second by Alderwoman Clements to
adjourn the meeting at 9:09 p.m. All in
favor none opposed.
ss/Pat Kelly
Pat Kelly, Mayor
Attest:
ss/Chris Seemayer
Chris Seemayer, City Clerk