MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
City Hall November 20, 2006
Council Chambers 7:00 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENT: Mayor Kelly,
Alderwoman Clements, Alderman Marshall, Alderman Leahy, Alderwoman Krewson,
Alderman Kramer, Alderman Robertson and Alderman Cross.
City
Attorney Albrecht, City Clerk/Administrator Seemayer, Director of Planning and
Development/Asst. City Administrator Denton and Executive Secretary Williams.
ABSENT: Alderman Wynn and
City Treasurer Reynders.
CONSIDERATION AND APPROVAL OF
THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 20, 2006
Motion was made by Alderwoman
Clements, second by Alderman Robertson to approve the Agenda of the Regular
Board of Aldermen Meeting of November 20, 2006. All in favor none opposed.
CONSIDERATION AND APPROVAL OF
THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 6, 2006
Motion was made by Alderwoman
Clements, second by Alderwoman Krewson to approve the Minutes of the Regular
Board of Aldermen Meeting of November 6, 2006 as presented. All in favor none opposed.
BIDS – None
HEARING OF ANY MATTER OF PUBLIC
INTEREST UPON REQUEST OF ANY PERSON PRESENT
Bob Niemeyer – 2201 St.
Clair/Fire Chief for Brentwood came before the Board to ask for their support
of the Red Light Enforcement System. He
stated that for the past five years he has requested a paramedic/firefighter
and has been turned down for revenue reasons.
They will have an opportunity to create revenue with the Red Light
Enforcement System. It would give him
the opportunity to equalize his three crews.
His department has four paramedics on two crews and three paramedics on
the other crew. He really needs the
additional paramedic/firefighter. He
would like the Board to consider and support the bill on behalf of the fire
department and the citizens that live and work in Brentwood.
Jan Brennan – Dispatcher for the
Brentwood Police Department came before the Board to voice concern about a
possible termination of the six Brentwood dispatchers and the signing of a
contract with East Central for police and fire dispatching services. As dispatchers they do not want to see the
citizens of Brentwood with a dispatched service that services six additional
agencies. Their dispatchers know the
city, businesses, borders and the streets.
They feel that the citizens of the City of Brentwood are their first
priority - providing multiple personal services to the residents of
Brentwood. They are a highly skilled
professional people who are dedicated to the City of Brentwood and they hope
the Board will reconsider looking into East Central.
INTRODUCTIONS, READINGS, AND
PASSAGE OF BILLS AND RESOLUTIONS
1st and 2nd
Readings of Bills
Motion was made by Alderman
Cross, second by Alderman Leahy to give Bills No. 5354, 5355, 5356, 5357 and
5358 first and second readings. All in
favor none opposed.
Bill No. 5355 – American Traffic Solutions
City Attorney Albrecht gave Bill
No. 5355, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF
OF THE CITY OF BRENTWOOD, MISSOURI, WITH AMERICAN TRAFFIC SOLUTIONS, INC.,
14861 NORTH SCOTTSDALE ROAD, SUITE 109, SCOTTSDALE, ARIZONA 85254 FOR THE
OPERATION OF A PHOTO RED LIGHT ENFORCEMENT PROGRAM, its first and second readings.
Alderman Kramer read a synopsis
of Bill No. 5355 which authorizes the Mayor to enter into a five year agreement
with American Traffic Solutions to provide cameras and related services at
intersections to be determined for the purpose of enforcing and ticketing
individuals who travel through the intersections while the signal is red. This
matter was reviewed and approved by the Public Safety Committee.
Mayor Kelly requested that the
agreement attached to Bill No. 5355 be amended as follows:
1. Add an item “e” to “Terms and
Termination” to read, “This contract is null and void if St. Louis County
terminates their agreement with the City”.
2. Amend #6 “Fees and Payments”
to read, “Customer shall pay for cost based on the fee schedule indicated in
Option B, Schedule 1 (“Fees”).
3. Add to Section 1.2.1 at the
end of the paragraph “Fees and permits outside of the City’s jurisdiction”.
4. Amend Section 2.2.3 by adding
the words “when feasible” to the first line.
Dan Reeb – Senior Business
Development Manager for ATS came before the Board and introduced himself.
Alderman Leahy stated that part
of the “camera system” definition stated that they are looking at intersections
of up to four lanes. He is under the
impression that they are also discussing one of the intersections that may be
five lanes in a direction. He asked if
that would cause a problem for the system.
Mr. Reeb responded that it would
not cause a problem. They limited it to
four lanes because they know that the wide-angle lens can cover up to four
lanes of most intersections. In
intersections where there are more than four lanes they could add an additional
camera.
Alderman Leahy stated that in the
agreement ATS establishes how it may elect not to install a camera system where
traffic violation data does not support installation of the Axsis System. There is nothing in the agreement that gives
a formula as to constituting what meets ATS criteria for establishing
installing or not installing. He asked
if it would be possible to have that entered into as part of the
agreement. As they get into the program
and possibly go further with it, it may help to facilitate conversations.
Mr. Reeb responded that usually
they work with the police department and get accident data, which is provided to
them early on. That is how they
determine which intersections to look at and give feedback on. It is just a matter of sitting down with
city officials and deciding where the most dangerous intersections are. They will do the test to show a makeup of
the dangerous intersections, which is based on the amount of violations
occurring at those intersections.
Alderman Leahy asked if normal
hours are considered at the Arizona office or the St. Louis office.
Mr. Reeb stated that their
customer service staff is on Arizona time.
Alderman Leahy pointed out that
#17 should read, “No amendments, modifications, or alterations of the terms
hereof shall be binding unless the same shall be in writing, dated subsequent
to the date of this Agreement and duly executed by the parties”.
Alderman Leahy stated that
Section 1.2.5 states, “ATS will operate each Camera System on a 24-hour basis,
barring downtime for maintenance and normal servicing activities”. He asked if that included calibration and
would it be done on a monthly basis.
Mr. Reeb stated that the remote
diagnostics run every 24 hours, so if there were any type of problem with the
equipment they would get the information back to their office in Scottsdale
immediately. If there were some type of
failure in calibration the system would shut down. There is no reason to do
that type of maintenance on a monthly basis at the field equipment level unless
the equipment is telling them there is a problem.
Alderman Leahy stated that
Section 1.2.12 establishes that the repairs could be done within 72 business
hours, which is nine business days and that seems excessive.
City Administrator Seemayer
stated that the question is if 72 business hours are three days.
Mr. Reeb stated that it should be
three days.
Alderman Leahy requested that it
be changed to “72 hours”.
Alderman Leahy stated that
Section 1.3.1 states, “ATS shall provide the Customer with an optional one-time
warning period up to 30 days in length at the outset of the program”. He asked if this 30-day period would also be
available if the City of Brentwood looked to increase the number of
intersections in the future.
Mr. Reeb stated the 30 day
warning period allows the City to get the message out that it is implementing
the program but it also allows them to do the police and court training. They look at it as a one time warning
period.
Alderman Leahy stated that
Section 2.4.6. states, “ . . . Municipal courts shall pursue delinquent
collections of unpaid notices with an existing contractor or ATS”. He stated that if they look to approve this
as the legislation is currently written it would be a non-moving
violation. They normally do not issue
bench warrants on a failure to appear or respond to a traffic citation. Is ATS anticipating the City of Brentwood
issuing bench warrants or the fact that it is an outstanding ticket eventually
being paid enough to generate revenue in the future?
Mr. Reeb stated that they do not
recommend issuing bench warrants. The
consequence of running red lights in the City of Brentwood would be a
fine. If you do not pay your fines to
the City that is something they would expect the City to pursue and try to
collect on.
Alderman Leahy stated at this
point the City of Brentwood does not anticipate going to a lockbox service as
much as they have a designated treasury for the fines to go in and ATS agrees
that service is not being looked at.
Mr. Reeb responded that was
correct.
Alderman Marshall asked for
clarification on the “pipeline” referred to in #4(d) of the agreement.
City Administrator Seemayer
stated that if for some reason they were to terminate the contract all of the
citations that were outstanding or being processed would still be
processed.
Alderman Marshall stated that if
the County cancels the contract with the City it ends. If there is any damage to the County’s
property whose responsibility is it to fix.
City Administrator Seemayer
stated that the contract is between the City and the County but the City would
make it the responsibility of the vendor, which is ATS.
Alderman Marshall asked if it is
spelled out in the contract.
City Administrator Seemayer
stated that ATS has to provide insurance to the City and it may be covered
under the insurance.
Alderman Marshall asked if there
is anything in the contract that specifies that they would not be taking
people’s personal information and selling it to third parties.
Mayor Kelly stated that it is in
the contract.
Alderman Marshall asked who is
responsible if an uninsured motorist damages the equipment that is mounted to
the pole.
Mr. Reeb stated that they own it
so it would be their responsibility.
Alderman Marshall asked about the
language in Section 2.2.4 and if St. Louis County will require ATS to provide
installation drawings stamped by a licensed civil engineer.
Mayor Kelly stated that in order
for ATS to install the equipment on St. Louis County poles and lights it will
have to meet their standards and that is where they will be getting their
permits. The City may not require those
engineering drawings, but St. Louis County may require it.
Alderman Marshall asked about the
processing of potential violations and if the City has enough manpower to do
that.
City Administrator Seemayer
stated that they would be adding two mobile reserve officers and that would be
one of their duties. They have also
budgeted for 2007 additional part time help for the court department because
their ongoing needs are pushing their limits.
Alderman Cross asked how long
would it take a police officer to process the violations if the City has five
intersections with red light cameras.
Mr. Reeb stated that an officer
could clear a violation in about 20 seconds.
Once they are trained they could look at the video clip, still photos,
registered owner information and either accept or reject it as a
violation. It would depend on the
volume of violations.
Mr. Reeb suggested that until the
City gets a feel for how many violations it would have at an intersection they
should hold off on making a decision about needed manpower.
Alderman Cross asked if it has to
be a police officer reviewing the videos.
Mr. Reeb responded yes, but there
are systems in some states where it can be an administrative type duty. The system in Missouri is set up for the police
to make the final determination.
Motion was made by Alderwoman
Krewson, second by Alderman Kramer to amend Bill No. 5355. Roll call:
Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Cross, yes.
Motion was made by Alderwoman
Krewson, second by Alderman Marshall to approve and adopt Bill No. 5355 as
amended. Roll call: Alderwoman Clements, no; Alderman Marshall,
yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes;
Alderman Robertson, no; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5355 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 4045.
Alderman Kramer stated that
recently there has been a glowing light placed on the amount of revenue that
can be created by this type of legislation.
However, the City places a high importance on safety, which is looked at
very carefully. The revenue that is
generated will be used for good public safety reasons and they hope to make the
city safer.
Public Hearing
Conditional Use Permit - Dean Team
Mayor Kelly announced the Public
Hearing for the Conditional Use Permit for Dean Team Brentwood would now be
continued at 7:30 p.m.
Mayor Kelly asked if there were
any comments about the said Conditional Use Permit.
Pat Dean – Dean Team Brentwood
came before the Board and introduced himself.
Alderman Leahy asked about the
height of the overhead electrical line that runs to the back of the property as
it relates to the delivery of inventory.
Mr. Dean stated that most of the
cars would be coming in from the Kirkwood store as trade-ins, off lease cars
and new car leases.
Alderman Leahy stated that if a
mobile trailer was being used to deliver vehicles the height of the line may
become interference and it would be his request to add to the ordinance that
the traffic on Manchester Road not be blocked for loading and unloading of
inventory.
Mr. Dean stated that they have a
rowing gate off Mercantile, so if a mobile trailer were delivering vehicles
they would pull down Mercantile and then on to the lot. There are no wires on that side of the
property.
Alderman Leahy stated that the
lot was broken up into 102 spaces in the initial petition. The residents in the area are concerned that
the inventory may stack up and thus the employee parking may end up being
sacrificed until inventory adjusts out.
It is the residents request that parking not be allowed to go across the
street and come up on the residential streets in order to accommodate
space.
Mr. Dean responded that the
employee parking is about five or six spaces because they will not have a
service body shop or accounting office, so it will not be a problem.
With no further questions, Mayor
Kelly announced the Public Hearing closed at 7:36 p.m.
Bill No. 5354 – Dean Team Brentwood
City Attorney Albrecht gave Bill No. 5354, AN ORDINANCE GRANTING A
CONDITIONAL USE PERMIT TO DEAN TEAM BRENTWOOD, WHICH PERMITS UNDER CERTAIN
CONDITIONS THE USE OF CERTAIN DESCRIBED PROPERTY FOR OPERATION OF A NEW AND
USED VEHICLE SALES AND LEASING BUSINESS; PROVIDING THE CONDITIONS OF SUCH
USAGE; AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second
readings.
Alderman Kramer read a synopsis of Bill No. 5354 as a Bill that approves
a Conditional Use Permit for the Dean Team to sell new and used vehicles at
8152-8154 Manchester. (former site of Costello Leasing) Some of the conditions
include: no mechanical or body repair shop to be permitted, no outdoor
sound/speaker system allowed and hours of operation shall be Monday, Wednesday
& Friday 9:00 a.m. to 9:00 p.m. and Tuesday, Thursday & Saturday from
9:00 a.m. to 6:00 p.m. They will be closed on Sunday’s. The Planning &
Zoning Commission reviewed and approved the site plan.
Alderwoman Clements stated that she would like Bill No. 5354 amended to
include a clause that the conditional use permit would not be transferable with
ownership. Once the Dean Team is
finished with the property the conditional use permit would not be transferable
to another automobile dealership.
Alderman Leahy stated that he has requested that staff investigate
conditional use permits and has offered to sponsor legislation through planning
and zoning to establish that all conditional use permits would be enforced only
at a time of ownership and would terminate upon ownership change.
Mayor Kelly stated that he does not think you can make that retroactive
to conditional use permits you have already issued. That would only apply to conditional use permits issued in the
future after the ordinance is in place.
Alderman Kramer asked if the signage was included as part of the site
plan review.
Director of Planning and Development Denton stated that the monument sign
was reviewed as part of the site plan review process.
Alderman Marshall stated that when the issue of the Coffee Kiosk and ATM
came up a couple of months ago he asked that they not make the conditional use
permit transferable and he was told that they couldn’t restrict it and that it
transfers with the property. Now they
are looking at possibly restricting the conditional use permit where it is not
transferable.
City Attorney Albrecht stated that you could condition the conditional
use permit at the time it is issued and it would expire on the transfer of
ownership.
Mayor Kelly stated that the Coffee Kiosk and ATM was a conditional use
permit to operate the business in the kiosk, whereas this is a conditional use
to operate a business. It was for a
specific type of building use as opposed to a business use.
City Administrator Seemayer stated that the way the Brentwood City Code
reads is that conditional use permits are assignable to the property. If it is an automobile dealership and
someone else buys it, as long as they are willing to abide by those conditions
they could do so.
City Attorney Albrecht stated you have to separate transfer of ownership
of the property and transfer of ownership of the business. A sale of the real estate is different than
a sale of the business. A permissible
conditional use will transfer upon a sale of the real estate. He believes you can condition the operator
to how long their permit is good for and it is good for as long as they own and
operate the business.
Mayor Kelly stated that he has gotten complaints about signs being placed
in car windows, balloons, streamers and open hoods. Are there any restrictions in the Brentwood City Code for that
type of advertising?
Director of Planning and Development Denton responded that Section 19-7
of the Code lists prohibited signs.
Prohibited signs are streamers, balloons, strings of lights and those
types of things. The City also has
temporary signage but they would have to have a permit for those.
Mayor Kelly asked if there are any other guarantees as far as the
landscaping to make sure that it is maintained once it is installed.
Director of Planning and Development Denton stated that is a code
enforcement issue.
City Administrator Seemayer pointed out that will be one of the duties of
the new inspector which is to go through all of the new and existing
conditional use permit properties to make sure that they are still in
compliance with what was originally approved.
Motion was made by Alderwoman Clements, second by Alderman Leahy to amend
Bill No. 5354 by adding an item (q) to read as follows: “This conditional use
permit shall expire and be void upon any discernable sale of the business or
assets”. Roll call: Alderwoman Clements, yes; Alderman Marshall,
yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer, yes;
Alderman Robertson, yes; Alderman Cross, yes.
Motion was made by Alderman Leahy, second by Alderman Robertson to
approve and adopt Bill No. 5354 as amended.
Roll call: Alderwoman Clements,
yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes;
Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill No. 5354 duly passed and signed same
into approval thereof. Said Bill was
given Ordinance No. 4046.
Bill No.
5356 – Agreement with St. Louis County
City Attorney Albrecht gave Bill No. 5356, AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF
BRENTWOOD, MISSOURI, WITH ST. LOUIS COUNTY, MISSOURI, 41 SOUTH CENTRAL AVENUE,
CLAYTON, MISSOURI 63105, FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF A
RED LIGHT RUNNING AUTOMATED ENFORCEMENT SYSTEM, its first and second readings.
Alderman Kramer read a synopsis
of Bill No. 5356 which authorizes the Mayor to enter into a contract with St.
Louis County allowing the City to install cameras and related equipment on
County roads and County owned signals and signal poles.
Alderman Marshall asked if the
City would pass the cost of what the County is requiring on to ATS.
City Administrator Seemayer
responded yes. The County will not
enter into a contract with a private vendor.
They will only enter into agreements with the City. The City then made ATS responsible for all
payments, fees and permits required by St. Louis County.
Motion was made by Alderman Leahy, second by Alderman Marshall to approve
and adopt Bill No. 5356. Roll
call: Alderwoman Clements, no; Alderman
Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson, yes; Alderman Kramer,
yes; Alderman Robertson, no; Alderman Cross, yes.
The Mayor thereupon declared Bill No. 5356 duly passed and signed same
into approval thereof. Said Bill was
given Ordinance No. 4047.
Bill No. 5357 – Amending
Chapter 14
City Attorney Albrecht gave Bill
No. 5357, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF
THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW ARTICLE XI TO SAID CHAPTER
WHICH SHALL INCLUDE NEW SECTIONS 14-412 THROUGH 14-417; AS IT RELATES TO
VIOLATION OF PUBLIC SAFETY AND THE AUTOMATIC ENFORCEMENT OF TRAFFIC CONTROL
SIGNAL REGULATIONS; 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 Leahy stated that
Section 14-412 (3) allows that a leasing company or a rental company is not a
chargeable owner under the Code.
City Administrator Seemayer
stated that it would not be the company’s responsibility. It would be the person that is leasing the
vehicle.
Alderman Leahy asked how do you
get the ticket to the person operating the leased vehicle at that time. The City has nothing in the Code that
requires the leasing company or rental company to turn over that information to
them. He would like the ordinance to
read that the leasing owner of the vehicle, the company that owns the vehicle,
actually be responsible for the ticketing and let them pass the fine on to
their contractual party.
Paul Ferber - Support Services
Lt./Brentwood Police Department stated that the leasing company is very
agreeable to help. In the cases where
they are not they will at least pass the information on to the person. A subpoena can also be obtained at anytime
to get the information.
Motion was made by Alderman Leahy
to strike out the exception and allow the City to issue the ticket to the
rental or leasing company and let them be responsible for collecting the
violation from the lessee.
There was no second to Alderman
Leahy’s motion.
Alderman Kramer read a synopsis
of Bill No. 5357 as a Bill that amends Chapter 14 of the Brentwood Municipal
Code by adding a new section that enables the City to enforce violations of
driving through red lights through the use of automated cameras. It also
establishes the penalties for these violations at $80.00 plus court costs.
Motion was made by Alderman
Cross, second by Alderman Marshall to approve and adopt Bill No. 5357. Roll call:
Alderwoman Clements, no; Alderman Marshall, yes; Alderman Leahy, yes;
Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, no; Alderman
Cross, yes.
The Mayor thereupon declared Bill
No. 5357 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 4048.
Bill No. 5358 – ARB Compensation
Alderman Cross abstained from all
discussion and vote on Bill No. 5358.
City Attorney Albrecht gave Bill
No. 5358, AN ORDINANCE AMENDING CHAPTER 25 OF THE REVISED CODE OF ORDINANCES OF
THE CITY OF BRENTWOOD, MISSOURI, BY DELETING SECTION 25-59 (b) IN ITS ENTIRETY
AND ENACTING IN LIEU THEREOF A NEW SECTION 25-59 (b); AS IT RELATES TO THE
ARCHITECTURAL REVIEW BOARD; 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 Marshall stated that the
Ways and Means Committee reviewed the legislation and it received a favorable
recommendation.
Alderman Kramer read a synopsis
of Bill No. 5358 as a Bill that amends Chapter 25 of the Brentwood Municipal
Code by adding a section that allows the City to compensate the members of the
Architectural Review Board $50.00 per meeting. This Bill was reviewed and
approved by the Ways & Means Committee.
Mayor Kelly stated that the
Planning and Zoning Commission and the Board of Adjustment are already being
compensated for their services.
Alderman Leahy requested that the
language in the bill that reads, “present at the meeting” be clarified to
“serving at the meeting”.
Motion was made by Alderman
Leahy, second by Alderwoman Clements to amend Bill No. 5358. Roll call:
Alderwoman Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderwoman Krewson, yes; Alderman Kramer, yes; Alderman Robertson, yes;
Alderman Cross, abstained.
Motion was made by Alderman
Kramer, second by Alderman Marshall to approve and adopt Bill No. 5358 as
amended. Roll call: Alderwoman
Clements, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderwoman Krewson,
yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Cross, abstained.
The Mayor thereupon declared Bill
No. 5358 duly passed and signed same into approval thereof. Said Bill was given
Ordinance No. 4049.
Resolution No. 941 – Annual Holiday Open House
Mayor Kelly stated that
Resolution No. 941 allows the City to serve beer and wine at the Annual Holiday
Open House on December 11th at the Brentwood Recreation Center.
Motion was made by Alderwoman
Clements, second by Alderman Marshall to accept Resolution No. 941 by
acclamation. There were no objections.
ACCOUNT AGAINST THE CITY
Motion was made by Alderman
Marshall, second by Alderwoman Clements to accept the revised warrant list
dated 11/20/06.
Alderman Leahy asked about the
storm water charge of $48,000.00 on the warrant list that the City agreed to
help fund the rebuilding of the bridge at the creek. He requested that City Attorney Albrecht research State Statute
to see if there is a requirement to take competitive bids on this storm water
project and on the Fred Epstein project to make sure the City is financially
holding to its obligations on competitive bidding.
City Administrator Seemayer
stated that City Attorney Albrecht would be looking into it. The City was not bidding the projects out
but is committing a sum of money towards it.
He asked that the Board provisionally approve it so that the bill could
be paid in a timely manner, unless the City Attorney’s research shows something
to the contrary.
Alderman Leahy stated that he has
no objections to City Administrator Seemayer’s suggestion of paying the
bill. He is looking for legal guidance
as to expending the public funds.
Alderman Marshall withdrew his
motion to accept the revised warrant list and Alderwoman Clements her
second.
Motion was made by Alderman
Leahy, second by Alderman Marshall to accept the revised warrant list dated
11/20/06 and pay Fred Weber’s bill of $48,000.00 on a conditional status
pending further research and direction from City Attorney Albrecht on the
City’s requirements for use of public funds on those projects. All in favor none opposed.
REPORT OF COMMITTEES AND
DEPARTMENT HEADS:
Mayor’s Report
Mayor Kelly reminded everyone of
the Annual Holiday Open House on Monday, December 11th at the
Brentwood Recreation Center from 5:30 to 7:30 p.m.
Public Safety Committee – No report
Public Works Committee –
No report
Director of Planning and
Development – No report
Ways and Means Committee –
No Report
City Attorney – No report
City Clerk/Administrator –
No report
Excise Commissioner
Liquor License Request/ Houlihans Restaurant
Excise Commissioner Clements
stated that Houlihans Restaurant is moving to Brentwood and they have requested
a liquor license to sell alcohol by the drink and on Sundays. Everything is in order and he recommended approval.
Motion was made by Alderman
Cross, second by Alderman Marshall to grant the liquor license to Houlihans
Restaurant. All in favor none opposed.
Library – No report
Municipal League – No
report
Communication – No report
Insurance Committee – No report
Historical Society – No
report
UNFINISHED BUSINESS
Dispatching Services
Alderwoman Clements addressed the
dispatching issue by saying she recently distributed a memo to the
dispatchers. She stated that the
process of looking into East Central has already started. It does not mean that they will go with
them. They are looking at many options.
Mayor Kelly stated that the
situation came about when they were officially notified by the City of Rock
Hill that they were pursuing other options for their dispatching. The City entered into an agreement with Rock
Hill a little over two and a half years ago for a five-year contract to do
their dispatching services. Rock Hill
is estimating that they will save about $100,000 by looking at other options for
the dispatching services. When the City
went into agreement with Rock Hill, the City hired three new dispatchers with
the understanding that if that service were to end they would go back to the
dispatchers that they had prior to that.
Since they have been put on notice by the City of Rock Hill, it is the
obligation of the aldermen to look at the options out there. The main concern is the quality of service
that is provided for the residents.
Scouting for Food Program
Alderman Leahy thanked the Brentwood
Fire Department for working with the St. Louis Area Council Boy Scouts for the
Scouting for Food Program. The City
allowed the Boy Scouts of the Brentwood area to use the firehouse as a
collection station. They have collected
regionally approximately 1.96 million can goods that will go to the area food
pantries to help feed those in need throughout the year. He also thanked the residents who
participated in donating the can goods.
It was very much appreciated.
NEW BUSINESS
Ward 3 Meeting
Alderman Leahy announced a Ward 3
meeting would be held on Tuesday, November 28th at 7:00 p.m. in the
Council Chambers.
Highway 40/64 Project
Alderman Kramer stated that it
appears they have been able to dodge a bullet with regards to the Highway
40/64-project timeline being shortened.
Mayor Kelly stated that most
elected officials did not want to see a total closure of the highway. They will start working on I-170 next
spring. There will not be any significant
lane closures on I-170 or Highway 40 during the first six to eights months of
the process. In January of 2008 they
will close both directions of Highway 40 from Ballas to Brentwood
Boulevard. In one year they will reconstruct
that entire section of the highway. In
January of 2009 they will open that section of the highway and will close
Highway 40 from Brentwood Boulevard to Kingshighway. They will completely rebuild that section of the highway in that
final year and reopen it in January of 2010.
The contractor has significant penalties if they do not meet the
deadlines. They also have huge
incentives to finish early. The
contractor is going to do everything that is in the environmental impact study
or the plan, which means they are including the Big Bend and Bellevue
overpasses in the reconstruction.
Brentwood Boulevard will be opened at all times during
construction. Hanley Road will be shut
down at some point.
Alderwoman Clements asked about
the lawsuit that Richmond Heights has against MoDOT and if it will delay
things.
Mayor Kelly stated that the
lawsuit is still out there. The
construction of the Big Bend and Bellevue overpasses is being supported by St.
Louis County Traffic and the State.
Recess
A recess was called at 8:55 p.m.
for an Executive Session/Personnel Matter.
Executive Session
Motion was made by Alderwoman
Clements, second by Alderman Marshall to reconvene the meeting at 9:00
p.m. All in favor none opposed.
Motion was made by Alderwoman
Clements, second by Alderman Leahy to enter into Executive Session on a Personnel
Matter at 9:01 p.m. All in favor none
opposed.
After discussion, motion was made
by Alderman Marshall, second by Alderman Leahy to return to open session at
10:00 p.m. All in favor none opposed.
ADJOURNMENT
Motion was made by Alderwoman
Clements, second by Alderman Cross to adjourn the meeting at 10:01 p.m. All in favor none opposed.
Pat Kelly, Mayor
Attest:
Chris Seemayer, City Clerk