MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
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City Hall
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April 7, 2003
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Council Chambers
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7:00 p.m.
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The Mayor led with the Pledge of
Allegiance.
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Present: Alderman
Boyd (7:24 p.m. by telephone), Alderman Marshall, Alderman
Leahy, Alderman Golfin, Alderwoman Mehler, Alderman Robertson,
Alderman Wynn, Alderman Cross.
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City
Attorney Murphy, City Clerk/Administrator Seemayer, Zoning Administrator
Wolf, Director of Economic Development Shelton, City Treasurer
Reynders and Executive Secretary Williams.
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Absent: None.
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Mayor Kelly announced that
Alderman Boyd is out of town on business, but he will be contacting him on a
conference call to allow him to participate in the voting of the bills on the
agenda.
CONSIDERATION AND APPROVAL OF
THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF APRIL 7, 2003
Motion was made by Alderman
Golfin, second by Alderman Robertson to approve the Agenda of the Regular Board
of Aldermen Meeting of April 7, 2003. Roll call: Alderman Marshall, yes;
Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman
Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
CONSIDERATION AND APPROVAL OF
THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MARCH 17, 2003
Motion was made by Alderman Leahy,
second by Alderman Wynn to approve the Minutes of the Regular Board of Aldermen
Meeting of March 17, 2003 as delivered. Roll call: Alderman Marshall, yes;
Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman
Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
BIDS – Brentwood
Library
City Administrator Seemayer said
bids for the library renovation were opened on March 25th. The
following bids were received:
Caldwell $348,390
J
E Novack $328,000
Muccigrosso $345,825
ISC $352,882
Hart $298,000
Sitelines $293,293
Kalicak $327,000
Dar-Beck $325,000
HEARING OF ANY MATTER OF PUBLIC
INTEREST UPON REQUEST OF ANY PERSON PRESENT
John King – Attorney – 168 N.
Meramec came before the Board and said he is here regarding a subdivision
plat located at 8734 Suburban Tracks Drive. The tract is 2.9 acres. They are
asking that it be subdivided into two tracts, one that is 1.54 acres, which the
present owner will retain where his buildings are located. The other is 1.44
acres, which will be a new lot. His understanding from reading the bill is
that the engineer has prepared a subdivision plat that meets all of the
requirements of the City of Brentwood. He has also explained to the Truss’s
that this is not a building permit. If they were to receive a building permit
they would have to meet all City requirements for the development of the tract
and/or the building of any buildings on the lot. That also includes the matter
of the floodplain and floodway and what has to be done. They know and fully
understand that if the lot is subdivided it is not a building permit and they
do not have the right to build on it as a result of the City subdividing the
property. They have to go through all the legal procedures with regard to the
construction of a building including getting permission from all those
necessary authorities regarding the floodway and the floodplain.
Alderman Golfin said he wanted to
emphasize the comments Mr. King made about that tract being in a floodplain in
part. Their approval of the subdivision in no way implies that it can be built
upon and in fact by these comments they hereby warn that one of the subdivided
plats may not be buildable.
Mr. King said he has told his
client that it may not be a buildable lot once it is subdivided as a result of
it not only being in a floodplain but also the floodway on it.
Sam Longstreth – 6035 Lindell
came before the Board and said he is the owner of Brentwood Plastics. They are
looking for strictly a subdivision. They understand that by subdividing into
two lots nothing may ever come of it. They understand that by creating this
subdivision that there is nothing implied or warranted but something can occur
on the second lot.
Mayor Kelly asked Mr. Longstreth
how did he address the issue of access with the new lot.
Mr. Longstreth said within the
property there is access. He has given them a letter stating that they would
have a full easement if there is a desire to put something on this property.
If that is not possible, so be it.
Alderman Leahy said as he
understands it there is a conditional use permit for Brentwood Plastics. In
the subdivision of the two properties does that conditional use permit become
subject to violation in the fact that they are subdividing property and now one
of the conditions may not be under the same owner.
City Attorney Murphy said he will
not give any legal opinion in public, but he will research the question.
Mark Ditch – Buescher, Ditch
and Associates came before the Board and said he put together the
preliminary plat that is in front of the Board tonight. The access they have
shown is a 35-foot ingress and egress easement from Brazeau over to the lot.
The access would be there. There is an issue that they have a temporary
easement or access rights on Mary Avenue. They have a letter of commitment.
INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND
RESOLUTIONS
Bill No. 5168 – Re-subdivision of Property
Motion was made by Alderman
Robertson, second by Alderwoman Mehler to give Bill No. 5168 first and second
readings. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderman
Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn,
yes; Alderman Cross, yes.
City Attorney Murphy gave Bill
No. 5168, AN ORDINANCE APPROVING A PRELIMINARY PLAT ENTITLED “PRELIMINARY PLAT
OF BRENTWOOD PLASTICS” DEPICTING A RE-SUBDIVISION OF PROPERTY NUMBERED 8734
SUBURBAN TRACKS DRIVE; ESTABLISHING THE CONDITIONS TO THIS APPROVAL; AND, ESTABLISHING
THE EFFECTIVE DATE OF THIS ORDINANCE, its first reading.
Mayor Kelly said it is his
understanding, according to Larry West, owner of N.B. West, that they have
revoked the agreement to give access to the property using Mary Avenue. His
concern is that any access to that property truck wise would have to use the
residential streets Pendleton and Brazeau in order to get access to the lot.
The neighborhood would have to be made aware that the trucks would be going up
and down that street.
Alderman Cross asked Mr. King to
inform the Board why this issue came from the Planning and Zoning Commission
with a negative recommendation.
Mr. King said he does not know,
except that the Planning and Zoning Commission felt the lot was not buildable.
Motion was made by Alderman
Leahy, second by Alderman Golfin to place Bill No. 5168 on hold. Roll call:
Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman
Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
Alderman Robertson said he was on
the Planning and Zoning Commission when the conditional use permit was
granted. He is concerned that they would be making a big mistake until they
get a legal opinion.
Public Hearing – 7:15 p.m. – Petition to Rezone 17.7 Acres of Property
Mayor Kelly announced the public
hearing for the rezoning of 17.7 acres of property regarding the Costco Project
in Hanley Industrial Court would now be heard at 7:15 p.m. It would be rezoned
to “Planned Development”.
Mary Bonacorsi – Attorney
Representing Hanley Industrial Investors came before the Board and said
they had requested some information about whether action was going to be taken
by the Board this evening and did not receive a response to that request. They
understand that there is a proposed ordinance to amend the zoning map. The
concern that they have is this is an advance of the redevelopment corporation
redevelopment plan, which is premature. They asked the Board to defer to those
parcels for which the redevelopment plan has not yet been approved.
Mayor Kelly announced the public
hearing closed at 7:17 p.m.
1st and 2nd
Readings of Bills No. 5170, 5171, 5172, 5173, 5174
and 5175
Motion was made by Alderman Wynn,
second by Alderman Cross to give Bills No. 5170, 5171, 5172, 5173, 5174 and
5175 first and second readings. Roll call: Alderman Marshall, yes; Alderman
Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson,
yes; Alderman Wynn, yes; Alderman Cross, yes.
Mayor Kelly called for a recess
at 7:20 p.m. to contact Alderman Boyd by telephone so he could participate in
the voting process.
The meeting reconvened at 7:24 p.m. with Alderman Boyd present by telephone.
Bill No. 5170 – Rezoning Certain Property
City Attorney Murphy gave Bill
No. 5170, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF BRENTWOOD TO
REZONE CERTAIN PROPERTY NUMBERED #1 STRASSNER AND NOS. 810, 814, 820, 840, 819,
927, 1001, 755 AND 1425 HANLEY INDUSTRIAL COURT, MORE SPECIFICALLY DESCRIBED BY
THE LEGAL DESCRIPTION INDICATED ON EXHIBIT 1 TO THIS ORDINANCE TO THE “PLANNED
DEVELOPMENT” (“P-D”) DISTRICT; ESTABLISHING CERTAIN CONDITIONS TO THAT REZONING
RELATING TO USE AND CONSTRUCTION OF IMPROVEMENTS; AND, ESTABLISHING THE
EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.
Motion was made by Alderman
Robertson, second by Alderman Golfin to approve and adopt Bill No. 5170. Roll
call: Alderman Cross, yes; Alderman Wynn, no; Alderman Robertson, yes;
Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman
Marshall, yes; Alderman Boyd, yes.
The Mayor thereupon declared Bill
No. 5170 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3875.
Public Hearing – 7:25 p.m. – Petition to Rezone 7.9 Acres of Property
Mayor Kelly announced the public
hearing for the rezoning of 7.9 acres of property regarding the MLP Project
would now be heard at 7:25 p.m. The property would be rezoned to the Urban
Development district.
There were no public comments.
Mayor Kelly stated that once the
first reading for the bill regarding the MLP Project is given the bill will be
placed on hold because they do not have a redevelopment agreement finalized
with MLP, due to the negotiations with Metro Link and MLP to get the final
cost.
Mayor Kelly announced the public
hearing closed at 7:26 p.m.
Bill No. 5171 – Rezone Certain Property to the Urban Dedevelopment District
City Attorney Murphy gave Bill No. 5171, AN ORDINANCE
AMENDING THE ZONING MAP OF THE CITY OF BRENTWOOD TO REZONE CERTAIN PROPERTY
DESCRIBED IN THE ATTACHED EXHIBIT “A” TO THE “URBAN DEVELOPMENT” DISTRICT;
PROVIDING CONDITIONS TO THAT REZONING; PROVIDING FOR THE ENFORCEMENT OF THIS
ORDINANCE; AND, ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE, it first
reading.
Motion was made by Alderman
Cross, second by Alderman Leahy to place Bill No. 5171 on hold. Roll call:
Alderman Cross, yes; Alderman Wynn, yes; Alderman Robertson, yes; Alderwoman
Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman Marshall, yes;
Alderman Boyd, yes.
Bill No. 5172 – Designating Blighted Area and Approving a Redevelopment
Plan
City Attorney Murphy gave Bill
No. 5172, AN ORDINANCE DESIGNATING A PORTION OF THE CITY OF BRENTWOOD,
MISSOURI, AS A REDEVELOPMENT AREA AND FINDING THAT SUCH AREA IS A BLIGHTED AREA
UNDER THE REAL PROPERTY TAX INCREMENT ALLOCATION REDEVELOPMENT ACT; APPROVING
THE HANLEY/STRASSNER TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PLAN; MAKING
FINDINGS RELATING THERETO; AND AUTHORIZING CERTAIN ACTIONS BY CITY OFFICIALS,
its first and second readings.
Motion was made by Alderman
Robertson, second by Alderman Marshall to approve and adopt Bill No. 5172.
Roll call: Alderman Cross, yes; Alderman Wynn, no; Alderman Robertson, yes;
Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman
Marshall, yes; Alderman Boyd, yes.
The Mayor thereupon declared Bill
No. 5172 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3876.
Bill No. 5173 – RPA 1 Redevelopment Project
City Attorney Murphy gave Bill
No. 5173, AN ORDINANCE OF THE CITY OF BRENTWOOD, MISSOURI APPROVING THE RPA 1
REDEVELOPMENT PROJECT PURSUANT TO THE HANLEY/STRASSNER TAX INCREMENT FINANCING
(TIF) REDEVELOPMENT PLAN AND ADOPTING TAX INCREMENT FINANCING WITH RESPECT TO
RPA1 1, its first and second readings.
Motion was made by Alderman
Golfin, second by Alderman Cross to approve and adopt Bill No. 5173. Roll
call: Alderman Cross, yes; Alderman Wynn, no; Alderman Robertson, yes;
Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman
Marshall, yes; Alderman Boyd, yes.
The Mayor thereupon declared Bill
No. 5173 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3877.
Bill No. 5174 – RPA 2 Redevelopment Project
City Attorney Murphy gave Bill
No. 5174, AN ORDINANCE OF THE CITY OF BRENTWOOD, MISSOURI APPROVING THE RPA 2
REDEVELOPMENT PROJECT PURSUANT TO THE HANLEY/STRASSNER TAX INCREMENT FINANCING
(TIF) REDEVELOPMENT PLAN AND ADOPTING TAX INCREMENT FINANCING WITH RESPECT TO
RPA 2, its first reading.
Motion was made by Alderman
Leahy, second by Alderman Marshall to place Bill No. 5174 on hold. Alderman
Cross, yes; Alderman Wynn, yes; Alderman Robertson, yes; Alderwoman Mehler,
yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman Marshall, yes;
Alderman Boyd, yes.
Bill No. 5175 – Redevelopment Agreement
City Attorney Murphy gave Bill No. 5175, AN ORDINANCE
AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT AND RELATED ACTIONS IN
CONNECTION WITH THE HANLEY/STRASSNER TAX INCREMENT FINANCING (TIF)
REDEVELOPMENT PLAN, its first and second readings.
Motion was made by Alderman
Marshall, second by Alderman Cross to approve and adopt Bill No. 5175. Roll
call: Alderman Cross, yes; Alderman Wynn, no; Alderman Robertson, yes;
Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman
Marshall, yes; Alderman Boyd, yes.
The Mayor thereupon declared Bill
No. 5175 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3878.
At this point, Mayor Kelly
thanked Alderman Boyd for participating in the voting of the ordinances and
ended the conference call.
Resolution No. 888 – City Vehicle Policy
Mayor Kelly said Resolution No. 888 amends the City
Vehicle Policy by extending the area where certain employees of the City can
travel with City vehicles.
Motion was made by Alderman Wynn,
second by Alderman Golfin to adopt Resolution No. 888. Roll call: Alderman
Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler,
yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
Resolution No. 889 –
Opposing Sales Tax Holiday
Director of Economic Development Shelton came before the
Board and said the General Assembly for the last several years has considered
enacting a sales tax holiday. It would take away sales taxes to local
municipalities. It also would abate state sales tax. It has to be harmful to
both state and local revenues. The City is joining with the county and state
municipal leagues in opposing the idea of the sales tax holiday.
Mayor Kelly said the theory
behind the sales tax holiday is that on a given weekend prior to school
starting there would be an opportunity for families to purchase school
supplies, clothing, etc. and not have to pay sales tax on those items. In
theory it might be good but many of the organizations that are pushing for this
bill are large retailers who would like to have a sale at the municipalities
expense. There is very little ways to control what people can buy, etc.
Motion was made by Alderman Wynn,
second by Alderman Golfin to adopt Resolution No. 889. Roll call: Alderman
Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler,
yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
Resolution No. 890 –
Supporting the Availability of Trauma Care Services
Mayor Kelly said Resolution No. 890 is supporting trauma
care services particularly DePaul Health Center. They are shutting down their
trauma center, which could be a detriment to the St. Louis area.
Motion was made by Alderman Wynn,
second by Alderman Golfin to adopt Resolution No. 890. Roll call: Alderman
Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler,
yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
Resolution No. 890 – Draft Environmental Impact Statement
Alderman Golfin said an amendment
needed to be made to the resolution.
Director of Economic Development
Shelton said he also has a few amendments which he stated as he went over the
resolution.
Director of Economic Development
Shelton came before the Board and said there is a major undertaking for
improvements and modification to the highway 40/I-64 corridor and they create
an environmental impact study. Through the study they ask for comments, which
will be accepted until April 14th. They ask that if you have
comments to make specific suggestions regarding your comments. Interested
residents who want to make comments prior to April 14th may go to
the MoDOT website.
The amended resolution is
attached to the minutes.
Alderman Golfin said on the
redesigning of I-64 through Brentwood they have had meetings with MoDOT. One
of their major concerns is that the highway will swing to the south and will
actually take units of the Town and Country Complex, which is in Richmond Heights
but borders very closely to Brentwood on Eager Road. Taking those apartments
will eliminate residential area and bring the highway closer to Brentwood. His
concern specifically with that design is why doesn’t the highway swing slightly
to the north where the land is vacant. It is an unused parking lot of the
Galleria and why the Environmental Impact Statement desires to take residential
property rather than move onto vacant land is a comment they should make to
MoDOT and hopefully get them to modify that plan.
Motion was made by Alderman Wynn,
second by Alderman Golfin to approve Resolution No. 891. Roll call: Alderman
Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler,
yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
ACCOUNTS AGAINST THE CITY
Motion was made by Alderman
Golfin, second by Alderman Leahy to approve the warrant list dated 4/7/03. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes;
Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
REPORT OF COMMITTEES AND DEPARTMENT HEADS:
Mayor’s Report
Executive Session
Mayor Kelly announced a legal and
real estate matter executive session would be held following the regular
meeting.
Committee Appointments
Mayor Kelly requested that Mark
Niemeyer, Charlie Macy and Karl Dreyer be appointed to the Board of
Adjustment. Karl Dreyer would be an alternate member.
Motion was made by Alderman
Cross, second by Alderman Leahy to approve the committee appointments of Mark
Niemeyer, Charlie Macy and Karl Dreyer to the Board of Adjustment. All in favor,
none opposed.
Beautify Brentwood Paint-Fest
Mayor Kelly said the Public Works
Department and the City are sponsoring the annual trashcan painting Saturday,
April 12th from 10:30 a.m. to 2:00 p.m. It is a fun event with
families and children involved in painting trash cans, which are distributed
throughout the City.
Election Day
Mayor Kelly reminded everyone
that tomorrow is election day. He encouraged everyone to come out and vote.
Public Safety Committee – No further report
Public Works Committee
Alderman Wynn announced there
would be a Public Works Committee meeting held on Wednesday, April 9th
at 4:00 p.m.
City Engineer – No
report
Parks – No report
Zoning Administrator
– No report
Ways and Means Committee
– No further report
Planning and Zoning
– No report
City Attorney – No
report
City Clerk/Administrator
– No report
Director of Economic
Development – No further report
Excise Commissioner
– No report
Library – No report
Municipal League –
No report
Waste Management Commission
– No report
Stormwater Management – No report
Communication – No
further report
Facilities Committee
– No report
Insurance Committee
– No report
UNFINISHED BUSINESS
– None
NEW BUSINESS – None
Recess
The meeting was recessed at 7:50 p.m. for an executive session on legal and real estate matters.
Executive Session – Legal and Real Estate
Matters
Motion was made by Alderman Wynn,
second by Alderman Leahy to enter into executive session on legal and real
estate matters at 7:57 p.m. Roll call: Alderman Marshall, yes; Alderman
Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson,
yes; Alderman Wynn, yes; Alderman Cross, yes.
After discussion on legal and
real estate matters, motion was made by Alderman Wynn, second by Alderman
Marshall to give Bill No. 5176 first and second readings. Roll call: Alderman
Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler,
yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
City Attorney Murphy gave Bill
No. 5176, AN ORDINANCE AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT AND
SETTLEMENT AGREEMENT AND RELATED ACTIONS IN CONNECTION WITH THE RIGHTS, TITLE
AND INTERESTS OF THE CITY IN CERTAIN PROPERTY, its first and second readings.
Motion was made by Alderman Wynn,
second by Alderman Robertson to approve and adopt Bill No. 5176. Roll call:
Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman
Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5176 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3879.
Motion was made by Alderman
Cross, second by Alderman Robertson to return to open session at 8:22 p.m. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes;
Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
ADJOURNMENT
Motion was made by Alderman
Cross, second by Alderman Wynn to adjourn the meeting at 8:23 p.m. Roll call: Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman
Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
ss/Pat
Kelly
Pat
Kelly, Mayor
Attest:
ss/Chris Seemayer
Chris Seemayer, City Clerk