MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
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City Hall
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April 21, 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, Alderman Marshall, Alderman Leahy, Alderman Golfin (7:00 p.m. by telephone), Alderwoman Mehler, Alderman Robertson, Alderman
Wynn, Alderman Cross (7:08 p.m.).
City
Attorney Murphy, City/Clerk Administrator Seemayer, Zoning Administrator
Wolf, City Treasurer Reynders and Executive Secretary Williams.
Absent: Director of Economic
Development Shelton.
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CONSIDERATION AND APPROVAL OF
THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF APRIL 21, 2003
Motion was made by Alderman
Robertson, second by Alderman Leahy to approve and adopt the Agenda of the
Regular Board of Aldermen Meeting of April 21, 2003 as presented. Roll call:
Alderman Boyd, yes; 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 APRIL 7, 2003
Motion was made by Alderman
Leahy, second by Alderman Marshall to approve and adopt the Minutes of the
Regular Board of Aldermen Meeting of April 7, 2003. Roll call: Alderman Boyd,
yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes;
Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
PROCLAMATION – ARBOR DAY
Motion was made by Alderman Wynn,
second by Alderman Boyd to approve the Proclamation for Arbor Day on April 30th.
All in favor, none opposed.
BIDS – NONE
HEARING OF ANY MATTER OF PUBLIC
INTEREST UPON REQUEST OF ANY PERSON PRESENT – None
INTRODUCTIONS, READINGS, AND
PASSAGE OF BILLS AND RESOLUTIONS
Mayor Kelly said Bill No. 5168
was placed on hold at the last meeting with respect to a property subdivision.
City Attorney Murphy submitted a report this evening. He requested the Public
Works Committee review further. The bill will remain on hold.
Mayor Kelly stated that Bills No.
5171 and 5174 regarding the MLP Project would remain on hold.
1st and 2nd
Readings of Bills No. 5177, 5178, 5179 and 5180
Motion was made by Alderman
Robertson, second by Alderwoman Mehler to give Bills No. 5177, 5178, 5179 and
5180 first and second readings. Roll call: Alderman Boyd, yes; Alderman
Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler,
yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
Bill No. 5177 – Amending
and Restating Ordinance No. 3753
City Attorney Murphy gave Bill
No. 5177, AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 3753 AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED $19,600,000 PRINCIPAL AMOUNT OF TAX INCREMENT
REVENUE NOTES (HANLEY/EAGER REDEVELOPMENT AREA), SERIES A AND B, OF THE CITY OF
BRENTWOOD, MISSOURI, TO PROVIDE FUNDS TO FINANCE CERTAIN REDEVELOPMENT PROJECT
COSTS RELATING TO THE HANLEY/EAGER TAX INCREMENT FINANCING (TIF) REDEVELOPMENT
PLAN; AND APPROVING CERTAIN DOCUMENTS AND ACTIONS IN CONNECTION WITH THE
ISSUANCE OF THE NOTES, its first and second readings.
Alderman Leahy said on page 10 of
the Trust Indenture, paragraph d, establishes that they will extend payment
terms for fifteen years out to December 18, 2023. What happens if the money is
not generated to pay the bill by that date?
Mark Grimm – Gilmore and Bell
– Bond Counsel – came before the Board and said the notes are payable from
the limited revenue source, being the TIF revenues from that project. From a
legal standpoint if the money were not there that is a risk the note holders
would assume.
Alderman Boyd said Exhibit A,
Trust Indenture is dated April 1, 2003 and page 1 of the Trust Indenture is
made and entered as of April 1, 2003. Is that a correct date. Should it be
tonight’s date?
Mr. Grimm said the practice in
municipal bond area is for a document to have a date of either the 15th
or the first day of the month prior to issuance of the notes. It is
anticipated that this transaction would close before the end of the month and
so there is nothing magical about April 1st and April 15th.
Alderman Boyd said in the Trust
Indenture on page 16 what amount would fill in the two blanks.
Mr. Grimm said the total of those
would be $6,000,000, which is the principal amount of these series, phase 1 A notes
that are being issued. They are finalizing what amount of that will go into
the cost of issuance. There will be a small sum that will go into the cost of
issuance account to pay the cost incurred by the City and the remainder will go
into the project account.
Motion was made by Alderman Boyd,
second by Alderman Leahy to approve and adopt Bill No. 5177. Roll call:
Alderman Boyd, yes; 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. 5177 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3880.
Bill No. 5178 – Agreement for Brentwood Library Renovation
City Attorney Murphy gave Bill
No. 5178, AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY RENOVATION WITH THE
BRENTWOOD PUBLIC LIBRARY, WHICH RENOVATION INCLUDES THE CONSTRUCTION OF
RENOVATIONS TO THE REAL PROPERTY OWNED BY THE CITY, its first and second
readings.
Alderman Boyd said the actual
agreement refers in a number of places to the authorized city representative
and this is the person who reviews change orders, makes the payments, etc. He
assumes that they designate that person as the City Administrator/Clerk. In
the actual resolution in Section 3, Further Authority, it states the officers,
agents and employees of the City including the Mayor and City
Administrator/Clerk are authorized. It seem to him that it authorizes too many
people and he doesn’t know if they need to be more clear in terms of who the
actual authorized City representatives are or is that standard language.
City Attorney Murphy said you
want to have flexibility to designate someone else if someone is on vacation,
etc., it should be a limited group.
Mayor Kelly said with respect to
this project it would be the library board. They are running this project.
The contract is going through the City. They are going to make those
decisions.
Alderman Boyd said he is not
questioning the decision making process. It is the approval of the transfer of
funds, paying the bills, etc.
Mayor Kelly said the accounting
department pays all the bills for the City, including the library and those
will go through Mr. Seemayer.
City Administrator Seemayer said
those monies for this project was put on deposit through the COP at UMB Bank.
They do look to their architect to sign off all of the construction related
bills before they would pay them.
Motion was made by Alderman Boyd,
second by Alderman Wynn to approve and adopt Bill No. 5178. Roll call:
Alderman Boyd, yes; 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. 5178 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3881.
Bill No. 5179 – Cost Participation Agreement
City Attorney Murphy gave Bill
No. 5179, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COST PARTICIPATION
AGREEMENT WITH METRO FOR THE STRASSNER ROAD EXTENSION, its first and second
readings.
Mayor Kelly said an executive
session is scheduled following the regularly meeting to discuss this bill if it
is needed. The only thing that may need to be discussed is with respect to
numbers. They did not put the numbers in the ordinance because they are still
being negotiated with the contractors. The numbers are within the bounds of
the TDD. When they met with the Director of Metro and his team, they decided
that they had to have a funding agreement in place by May 1st and
that is what this is.
Alderman Leahy said in paragraph
2, page 2 it establishes that they are going with the bridge design over
Strassner. He thought they were looking at going to a different type of design
based on cost.
Mayor Kelly said in a worse case
scenario they would go with at grade crossing, if the numbers came in too high.
They are approaching it with the idea that the Metro Link line will go over the
roadway.
Mayor Kelly asked the Board if
they needed to discuss this bill in executive session or do they want to
consider it now.
The Board indicated they wanted
to consider it for adoption now.
Motion was made by Alderman
Leahy, second by Alderman Boyd to approve and adopt Bill No. 5179. Roll call:
Alderman Boyd, yes; 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. 5179 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3882.
1st Reading
of Bill No. 5180
Mayor Kelly said Bill No. 5180 is
regarding a public hearing scheduled for May 5th. They felt the
first reading of the bill was necessary tonight. This is in respect to the
Chapter 353 Costco Project. It has already been through the 353 Commission and
the Planning and Zoning Commission. Looking at the adopted 353 ordinances, it
was determined that there may be a clause that states the first reading of the
bill has to be done at one meeting and then passed at another meeting. He
would request it be placed on hold after the first reading.
City Attorney Murphy gave Bill
No. 5180, AN ORDINANCE FINDING THAT A CERTAIN BLIGHTED AREA AS DEFINED IN
CHAPTER 353 OF THE REVISED STATUTES OF MISSOURI, AS AMENDED (THE URBAN
REDEVELOPMENT CORPORATIONS LAW), EXISTS IN THE CITY OF BRENTWOOD AND THAT THE
REDEVELOPMENT OF SUCH AREA IS NECESSARY AND IN THE PUBLIC INTEREST; APPROVING A
DEVELOPMENT PLAN FOR THE SITE; AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO,
its first reading.
Motion was made by Alderman
Marshall, second by Alderman Cross to place Bill No. 5180 on hold. Roll call:
Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman
Golfin, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn,
yes; Alderman Cross, yes.
After voting on the bills,
Alderman Golfin thanked the Mayor and Board for accommodating him. The
conference call was ended at 7:23 p.m.
ACCOUNTS AGAINST THE CITY
Motion was made by Alderman
Cross, second by Alderman Wynn to adopt the warrant list dated April 21st.
All in favor, none opposed.
REPORTS OF COMMITTEES AND
DEPARTMENT HEADS:
Mayor Kelly said the City
received the certified election results from the April 8th election.
City Administrator Seemayer read
the certified election results from the April 8th election as
follows:
Pat Kelly
Mayor – 1,502
Municipal Judge
Frank Albrecht - 603
Ron Hill – 832
Patrick Dignam – 258
Alderman Ward 1
Barb Cross – 557
Alderman Ward 2
Lee Wynn - 271
Michael Morton – 130
Alderman Ward 3
Keith Robertson – 320
Kevin Madras, Sr. – 188
Alderman Ward 4
Evelyn Mehler – 156
Chuck Schierer – 57
Mayor Kelly said the swearing-in
ceremony would be held at the May 5th meeting.
Motion was made by Alderman
Cross, second by Alderman Leahy to accept the certified election results from
the April 8th election. Roll call: Alderman Boyd, yes; Alderman
Marshall, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson,
yes; Alderman Wynn, yes; Alderman Cross, yes.
National Day of Prayer
Mayor Kelly said National Day of
Prayer would be held on May 1st from 12:30 p.m. until 1:00 p.m. and 7:00 p.m. until 8:00 p.m. at City Hall.
Senate & House Bill
Mayor Kelly said they have been
working on the TDD legislation from the state. They were able to get it
attached to Senate Bill 230, which has not been passed yet but will be passed.
They are still waiting in the House. It is up to the Minority Leader,
Catherine Hanaway to put it on the calendar at this point. It is House Bill
483. If anyone would like the phone number to call and voice support for that
bill in order to get it on the calendar, it will be made available.
RFP
Mayor Kelly said the 353
Committee had recommended at their last meeting to issue an RFP for the three
parcels of property directly behind St. Mary Magdalen. The property has been on
the market for about a year and it has not sold. He has spoken to Jill Brown,
who represents the owner of the property. The owners know that the City is
considering issuing that RFP and they do not have any real concerns at this
time.
Public Safety Committee
– No report
Public Works Committee
– No report
City Engineer – No
report
Parks – No report
Zoning Administrator
Special Use Permit – Martha Rounds Academy
Zoning Administrator Wolf said Martha
Rounds Academy is requesting a Special Use Permit for a yard sale in the front
yard of their premises on May 17th.
Motion was made by Alderman Wynn,
second by Alderman Boyd to grant the Special Use Permit to Martha Rounds Academy.
Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, yes;
Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
Special Use Permit – Animal Protective
Association of MO
Zoning Administrator Wolf said
the APA is requesting a Special Use Permit for a run, which starts at Tilles Park
and runs through Ward 1 to be held on October 5.
Mayor Kelly said last year the
City co-sponsored this event with the APA. As of now, the City is not a
co-sponsor. Michele deJong, Director of Parks and Recreation and staff worked
very hard on this event last year. He recommended the SUP request go back to
the Public Works Committee to be discussed. It required overtime and so forth
for City staff on a Sunday.
Special Use Permit – Brentwood Parks and
Recreation
Zoning Administrator Wolf said Brentwood
Parks and Recreation is requesting a Special Use Permit to waive the prohibition
of alcohol in the park for the summer concert series June 6, July 11 and
August 8. They did this last year and it proved to be successful with no
negatives.
Motion was made by Alderman Boyd,
second by Alderman Marshall to grant the request for the Special Use Permit to
the Brentwood Parks and Recreation Department for the summer concert series.
Roll call: Alderman Boyd, yes; Alderman Marshall, yes; Alderman Leahy, no;
Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, no; Alderman
Cross, yes.
Alderman Leahy asked if the City
is establishing a precedent that if the ball teams start asking for the same
request will there be a problem turning down the prohibition on alcohol.
Mayor Kelly said they would still
have to request it.
Ways and Means Committee
– No report
Planning and Zoning
– No report
City Attorney – No
report
City Clerk/Administrator
– No report
Director of Economic
Development – No report
Excise Commissioner
– No report
Library
Alderman Wynn said the library renovations
are in progress. He met with the library board, the mayor and city
administrator and he is thrilled with what they are going to be seeing in a few
months when the improvements are finished.
Municipal League
Alderman Boyd said the next
Municipal League meeting is scheduled for Thursday, April 24 at 7:30 p.m. If any members are interested in attending he would draw their attention to the
program. The folks from East/West Gateway will be going through the report on
where we stand. It is a very interesting report that compares the St. Louis
region to 34 of our peer regions across the country from quality of life to
economic development.
Waste Management Commission
– No report
Stormwater Management
– No report
Communication – No
report
Facilities Committee
– No report
Insurance Committee
– No report
UNFINISHED BUSINESS
Alderman Boyd said on April 30
the American Planning Association would be holding its planning workshop. It
is a good, educational opportunity for citizens and other people interested in
planning issues. During their awards ceremony that evening, Mayor Kelly will
be receiving the Elected Official of the Year Award for his work in such
activities as the Manchester Road corridor and fostering collaboration and
moving forward with many of the planning issues of our City.
Everyone congratulated Mayor
Kelly.
NEW BUSINESS – None
ADJOURNMENT
Motion was made by Alderman Boyd, second by Alderman
Marshall to adjourn the meeting at 7:39 p.m. All in favor, none opposed.
ss/Pat
Kelly Pat
Kelly, Mayor
Attest:
ss/Chris Seemayer
Chris Seemayer, City Clerk