MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
City Hall May 1, 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, Alderwoman Krewson,
Alderman Kramer, Alderman Robertson, Alderman Wynn, Alderman Cross.
City
Attorney Albrecht, City Clerk/Administrator Seemayer, Director of Economic
Development/Asst. City Administrator Denton and Executive Secretary Williams.
ABSENT: None.
CONSIDERATION AND APPROVAL OF
THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF MAY 1, 2006
Motion was made by Alderwoman
Clements, second by Alderman Marshall to approve and adopt the Agenda of the
Regular Board of Aldermen meeting of May 1, 2006. Roll call: Alderwoman
Clements, 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 APRIL 17, 2006
Motion was made by Alderman
Leahy, second by Alderman Robertson to approve and adopt the Minutes of the
Regular Board of Aldermen meeting of April 17, 2006. Roll call: Alderwoman
Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Kramer,
yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
SWEARING-IN OF NEWLY ELECTED OFFICIALS
Mayor Kelly stated because of the
April 4th, 2006 election, Alderwoman Clements-Ward 1, Alderman
Marshall-Ward 2, Alderman Leahy-Ward 3, and Alderwoman Krewson-Ward 4 are the
City’s newly elected officials. Mayor
Kelly congratulated the newly elected officials and the Oath of Office was
administered to Alderwoman Clements, Alderman Marshall, Alderman Leahy and
Alderwoman Krewson.
PROCLAMATION – YOUTH ART MONTH
Motion was made by Alderman Wynn,
second by Alderman Leahy to accept the proclamation for Youth Art Month. All in favor none opposed.
Mayor Kelly stated that City
staff receives numerous compliments on the artwork that is displayed in City
Hall, which helps brighten up the hallways.
The City appreciates Mr. Rempel’s help and the other art teachers who
change the artwork at City Hall and the kids who produce the artwork.
Tim Rempel and Bev Shoults/Art
Teachers came before the Board and presented the Certificates of Recognition to
the art students who have artwork displayed in City Hall.
Mr. Rempel thanked the Mayor,
Board, and Shelly Williams for their help and support of the artwork program at
City Hall. It is a great opportunity
for the students to show off their abilities in art. He also thanked the parents for their support and the art
students for doing a fine job in the classroom.
Recess
Motion was made by Alderman
Robertson, second by Alderwoman Clements to recess the meeting at 7:20 p.m. for
a brief reception. All in favor none
opposed.
Reconvened
Motion was made by Alderwoman
Clements, second by Alderman Leahy to reconvene the meeting at 7:30 p.m. All in favor none opposed.
BIDS – None
HEARING OF ANY MATTER OF PUBLIC
INTEREST UPON REQUEST OF ANY PERSON PRESENT
Sundeck at 2014 Spanish Drive
Keaton Jones/Contractor came
before the Board and stated that he and the homeowners went before the
Architectural Review Board and they approved everything except the deck that
extends 4 feet into the rear of the property.
The deck will be 8 feet in height overlooking the neighbor’s yard. The ARB indicated it had to be approved by
the Board before they could build the deck.
Mayor Kelly asked how close is it
to the rear property line.
Mr. Jones stated it is 20 feet
from the rear property line and the stairs coming down protrudes 4 feet into
that.
City Administrator Seemayer
stated the stairs lie in the setback area.
Mr. Wolf recommended approval because it will not affect the neighbor.
Alderman Kramer stated the actual
structure itself goes up to the setback requirement, but is it the stairs to
the deck that go beyond that point.
Mr. Jones stated that was
correct.
City Administrator Seemayer stated
the Board adopted an ordinance that anytime structures lie within the setback
areas Board of Aldermen approval is required.
Mayor Kelly stated the reason the
legislation was adopted was that they had a situation where a deck was built
extending from a house and it was about 5 feet from the property line. A patio would have been allowable at that
distance. The deck was elevated about
10 feet above the back yard where it dropped off, which meant that the deck was
overlooking the neighbor’s patio, looking down on them from about 5 feet
away.
Alderwoman Clements asked what do
the neighbors think about the deck.
Mr. Nelson/homeowner stated
notices were sent to the neighbors about the ARB meeting and nobody showed up
with any kind of opposition.
Alderman Leahy asked if the
lighting in the back yard would become an issue with the neighbors.
Mr. Nelson responded no.
Motion was made by Alderwoman
Clements, second by Alderman Marshall to grant permission to build the sundeck
at 2014 Spanish Drive. All in favor
none opposed.
INTRODUCTIONS, READINGS, AND
PASSAGE OF BILLS AND RESOLUTIONS
Bill No. 5318
Motion was made by Alderman
Leahy, second by Alderman Robertson to remove Bill No. 5318 from the
agenda. All in favor none opposed.
1st and 2nd
Readings of Bills
Motion was made by Alderman
Cross, second by Alderman Leahy to give Bills No. 5326, 5327, 5328, 5329 and
5330 first and second readings. All in
favor none opposed.
Bill No. 5326 – Agreement with MoDOT
City Attorney Albrecht gave Bill
No. 5326, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ON
BEHALF OF THE CITY OF BRENTWOOD, MISSOURI, WITH THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION RELATING TO THE IMPROVEMENT AND RECONSTRUCTION OF
I-64, its first and second readings.
Alderman Kramer read a synopsis
of Bill No. 5326 as a bill that would allow the Mayor to enter into an
agreement with MoDOT for the I-64 roadway improvements. The Bill grants the
authority for MoDOT to use the right-of-way for public roads, streets and
alleys as necessary for construction and to temporarily close any street or
alley as necessary for construction of the highway. The roads and rights-of-way
in Brentwood that are in the construction areas are owned and maintained by St.
Louis County. The Ways & Means Committee reviewed this Bill and has
recommended its approval.
Motion was made by Alderman
Marshall, second by Alderwoman Clements to approve and adopt Bill No.
5326. Roll call: Alderwoman Clements, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes;
Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5326 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 4020.
Bill No. 5327 – License Tax Levied
City Attorney Albrecht gave Bill
No. 5327, AN ORDINANCE AMENDING CHAPTER 12 OF THE REVISED CODE OF ORDINANCES OF
THE CITY OF BRENTWOOD, MISSOURI, BY DELETING SECTION 12-201 (a) IN ITS ENTIRETY
AND ENACTING IN LIEU THEREOF A NEW SECTION 12-201 (a), AND ADDING A NEW SECTION
12-201 (c); AS IT RELATES TO LICENSE TAX LEVIED; PROVIDING FOR THE CURRENT
MAINTENANCE OF THIS CODE; PROVIDING 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. 5327 as a bill that would lower the gross receipts tax on phones
from 8% to 5% as mandated by a State law passed in 2005. The reason the tax is
being reduced is due to the fact that cell phone companies will be required to
pay the tax beginning July 1st, 2006. Previously cell phone
companies took the position that they were exempt from paying this voter
approved tax. The City will only assess the 5% tax to commercial accounts.
Residents of Brentwood do not pay taxes on any of their utilities as mandated
by the Brentwood Board of Aldermen. The Ways & Means Committee approved
this measure for consideration by the Board of Aldermen.
Motion was made by Alderman Wynn,
second by Alderman Leahy to approve and adopt Bill No. 5327. Roll call:
Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5327 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 4021.
Bill No. 5328 – Delinquent Charges and Penalties
City Attorney Albrecht gave Bill
No. 5328, AN ORDINANCE AMENDING CHAPTER 12 OF THE REVISED CODE OF ORDINANCES OF
THE CITY OF BRENTWOOD, MISSOURI BY DELETING SECTION 12-27 IN ITS ENTIRETY;
DELETING SECTION 12-189 (b) IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW
SECTION 12-189 (b); DELETING SECTION 12-219 (b) IN ITS ENTIRETY AND ENACTING IN
LIEU THEREOF A NEW SECTION 12-219 (b); AS IT RELATES TO DELINQUENT CHARGES AND
PENALTIES; 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. 5328 as a bill that would correct a mistake in the Code. Currently
there are two separate penalty provisions for businesses that do not pay their
annual license fee in a timely fashion. This Bill deletes Section 12-27
entirely and amends Sections 12-189(b) and Section 12-219(b) to reflect the
changes. The penalty will now read that delinquent licenses shall be assessed a
penalty of 10% of the amount due plus 1% interest each month not to exceed 10%.
This Bill was reviewed and approved by the Ways & Means Committee.
Motion was made by Alderwoman
Clements, second by Alderman Marshall to approve and adopt Bill No. 5328. Roll call:
Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5328 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 4022.
Bill No. 5329 – Inventory of City Property
City Attorney Albrecht gave Bill
No. 5329, AN ORDINANCE AMENDING CHAPTER 2 OF THE REVISED CODE OF ORDINANCES OF
THE CITY OF BRENTWOOD, MISSOURI BY DELETING SECTION 2-3 IN ITS ENTIRETY AND
ENACTING IN LIEU THEREOF A NEW SECTION 2-3; DELETING SECTION 2-119 (r) IN ITS
ENTIRETY AND ENACTING IN LIEU THEREOF A NEW SECTION 2-119 (r); AS IT RELATES TO
INVENTORY OF CITY PROPERTY; 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. 5329 as a bill that amends the dollar amount by which the City
records its fixed assets from $1,500 to $5,000. This change follows a
recommendation by the City’s auditors. The Ways & Means Committee is
recommending approval of this Bill.
Motion was made by Alderman
Marshall, second by Alderman Leahy to approve and adopt Bill No. 5329. Roll call:
Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5329 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 4023.
Bill No. 5330 – Alcoholic Beverages
City Attorney Albrecht gave Bill
No. 5330, AN ORDINANCE AMENDING CHAPTER 3 OF THE REVISED CODE OF ORDINANCES OF
THE CITY OF BRENTWOOD, MISSOURI BY ADDING NEW SECTION 3-3.1 (a) and (b); AS IT
RELATES TO ALCOHOLIC BEVERAGES; 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. 5330 as a bill that would allow beer to be sold at the concession
stand in Brentwood Park. Patrons would still be prohibited from bringing their
own alcohol into the park. The City would lease the concession stand to an
individual who would be responsible for obtaining the liquor license and
operating the facility. The police chief was present for the discussion of this
matter with the Committee and does not oppose the idea. The Ways & Means Committee
is recommending passage of this Bill.
Alderman Wynn stated since he was
elected to serve on the Board in 1978, he has voted against several bills
concerning alcohol. He has seen the use
of alcoholic beverages expanded in hours, number of places, including city hall
and the parks. As far as the parks,
family activities can be held better with no alcohol present.
Alderman Leahy stated from his
understanding the City currently does not have a concession contract
pending. He is not sure if they should
approve alcoholic beverages at the concession stand before they get into a
contractual relationship.
Alderman Marshall stated an
individual wanting to operate the concession stand at Brentwood Park has
approached them. A contract would be
drawn up later. The person was concerned whether they would be able to turn a
profit with selling the typical concession stand items. The problem has been getting people to staff
the concession stand. The issue went
before the Public Works and Ways and Means Committees and alcohol was
introduced into it. The vendor feels it
is the only way they could make a profit.
Alderman Leahy stated in allowing
alcohol in Brentwood Park he can see where you would improve the sociality of
the men’s ball leagues. His dilemma is
that the parking at Brentwood Park is limited.
Currently they have overflow parking on the grass city lots at the
park. If they allow the alcohol more
people will hang around after the games creating more of a parking problem
during the ball change over times. This
is not acceptable to the residents in that area. He asked that the Board consider that before they create more
problems than they solve.
Alderman Marshall stated that was
addressed in the meetings and people are already staying around after the ball
games are over. This bill would allow
beer to be sold from the concession stand.
You would not be allowed to bring it into the park. The police can try to control what goes on
in the parking areas, but as long as people are not bringing alcohol into the
park they are not breaking the laws concerning the park.
Alderman Leahy asked if there
would be a conflict with the high school regarding having alcohol at the
concession stand during the high school activities at the ballpark.
Alderman Marshall stated the high
school kids could not buy beer.
Mayor Kelly stated since they are
high school baseball league games they cannot serve alcohol at the park during
those times.
Alderman Marshall stated they
could adjust the schedule accordingly.
The applicant could obtain a schedule from the Parks and Recreation
department.
Alderwoman Clements asked if she
is correct that the bill does not establish a proprietor for the concession
stand, it just opens the door for it.
The proprietor would have to go through another process. There are many questions she would like to
get into and possibly look into a bidding process. The vendor would have to get a business license, liquor license,
etc.
Mayor Kelly stated that was
correct.
Alderman Marshall stated any
contract that the City would enter into would come before the Board and they
would have a chance to review the application.
Mayor Kelly stated he does not
understand why alcohol is allowed in all the other parks, but people would be
restricted from bringing alcohol into Brentwood Park.
Alderwoman Clements stated that
they had George Kroenung look into what other parks are doing. The City of Kirkwood has rangers and people
monitoring the sale of the alcohol at their parks. As far as the adult softball leagues, she would hate to see a
rowdy bunch at the park if they are allowed to bring beer in. If that were the case, the concession stand
would not be profitable because the vendor would not make any money.
Alderman Marshall stated if the
person operating the concession stand is not going to turn a profit they will
not stay.
Mayor Kelly stated they would
like to have a concession stand at the park that is viable because it would be
an asset to the patrons that’s using the park whether they are selling alcohol
or not.
Alderman Cross asked why do they
allow alcohol to be brought into the other parks and not Brentwood Park.
Alderman Marshall stated that
when it was brought up before, the former police chief asked that it not be
allowed in Brentwood Park.
Mayor Kelly stated the former
police chief was concerned that there could be incidents because of the
alcohol.
Alderwoman Clements stated the
reason being is that all the athletic games are held at Brentwood Park because
of the fields and that does not go on in the other parks. She believes that was requested by the
former police chief to try to keep a handle on things that could get out of
hand.
Mayor Kelly stated it is
difficult for the police officers to go down to the park and tell a couple of
guys that are having a beer after their game that they can’t do that or want to
arrest them for it. If there is an
incident the police will take care of it.
Alderman Cross stated if they
were to pass the bill and amend it to allow liquor to be brought into the park,
that could make it difficult for the person that is going to lease the
concession stand to be successful. It
might be better to pass the bill as is and still prohibit liquor from being
brought into the park, except for the special occasions.
Alderman Marshall suggested the
bill be kept in the form that it is currently in because it would be
detrimental to the person leasing the concession stand if people were allowed
to bring in alcohol.
Motion was made by Alderman Marshall,
second by Alderman Cross to approve and adopt Bill No. 5330. Roll call:
Alderwoman Clements, yes; because it establishes the possibility. It is not establishing a concession stand.
Alderman Marshall, yes; Alderman Leahy, no; Alderwoman Krewson, no; Alderman
Kramer, yes; Alderman Robertson, yes; Alderman Wynn, no; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5330 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 4024.
ACCOUNTS AGAINST THE CITY
Motion was made by Alderman
Marshall, second by Alderman Cross to accept the revised warrant list dated
5/1/06. All in favor none opposed.
REPORTS OF COMMITTEES AND
DEPARTMENT HEADS:
Mayor’s Report
Committee Appointment
Mayor Kelly stated there is a partial
list of committee appointments before the Board. He is waiting for a few people to respond for appointments to the
other subcommittees.
Motion was made by Alderman
Robertson, second by Alderman Wynn to accept the committee appointment list as
submitted. All in favor none opposed.
Golf Tournament
Mayor Kelly reminded everyone
about the City of Brentwood Charity Golf Tournament on Friday, June 16th
at Paradise Valley Country Club.
Public Safety Committee
– No report
Public Works Committee
– No report
City Engineer – No
report
Ways and Means Committee
– No further report
City Attorney – No
report
City Clerk/Administrator
– Special Use Permit/McCarthy Brothers
City Administrator Seemayer
stated a request for a special use permit from McCarthy Brothers is before the
Board. It would allow them to bring
beer into Brentwood Park for their Annual Softball Tournament on May 20th.
Motion was made by Alderwoman
Clements, second by Alderman Marshall to grant the special use permit to
McCarthy Brothers for their Annual Softball Fundraiser. Roll call:
Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Wynn, no; Alderman Cross, yes.
Director of Economic Development
Organized Living
Mayor Kelly stated they received
a call from Pace Properties notifying them that they have a signed tenant for
the Organized Living site. The retail
store will not be opened before the holiday season, but it will open early next
year.
Excise Commissioner
– No report
Library – No report
Municipal League
Member
Mayor Kelly stated he was asked,
nominated and they voted for him to serve as a member of the Municipal League
Board for two years.
Waste Management Commission
Removal
Motion was made by Alderman
Marshall, second by Alderwoman Krewson to remove the Waste Management
Commission from the agenda. All in
favor none opposed.
Communication – No
further report
Insurance Committee
– No report
Historical Society
– No report
UNFINISHED BUSINESS
Update on Path and Bridge
City Administrator Seemayer
stated the contractors are clearing the area.
They are getting ready to set a date to close on a portion of the
properties involved. He is not sure
when the bridge will be delivered.
Comprehensive Plan
Alderman Kramer asked about the
Comprehensive Plan.
Mayor Kelly stated he believes
they will hold one more meeting concerning the Comprehensive Plan. Once the Planning and Zoning Commission
releases it to the Board, if the Commission does not hold a meeting, they will
have one more public meeting.
NEW BUSINESS
Ward 3 Meeting
Alderman Leahy announced a Ward 3
meeting would be held on Tuesday, May 30th at 7:00 p.m. in the City
Hall Council Chambers.
ADJOURNMENT
Motion was made by Alderman
Cross, second by Alderwoman Clements to adjourn the meeting at 8:15 p.m. All in favor none opposed.
Pat Kelly, Mayor
Attest:
Chris Seemayer, City Clerk