MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
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City Hall
May 5, 2003
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Council Chambers 7:00
p.m.
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The Mayor led with the Pledge of Allegiance.
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Present: Alderman Marshall, Alderman Leahy, Alderman Golfin
(7:00 p.m. by telephone), Alderwoman Mehler,
Alderman Robertson, Alderman Wynn, Alderman Cross.
City Attorney Murphy, City
Clerk/Administrator Seemayer, Zoning Administrator Seemayer, Economic
Development Director Shelton, Treasurer Reynders, Executive
Secretary Williams.
Absent:Alderman Boyd.
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Mayor Kelly announced that
Alderman Golfin would be joining the meeting by telephone this evening. His grandson has been very ill who lives out
of state. He and his wife are helping
with their ill grandson.
CONSIDERATION AND APPROVAL OF
THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF MAY 5, 2003
Motion was made by Alderman Wynn,
second by Alderman Leahy to approve and adopt the Agenda of the Regular Board
of Aldermen Meeting of May 5, 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 APRIL 21, 2003
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 21, 2003. Roll call: Alderman
Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman Mehler,
yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
BIDS – 2003 COMPACT EXCAVATOR
City Administrator Seemayer said
bids were opened today at 10:00 a.m. for the purchase of a 2003 Compact
Excavator for the sewer lateral program.
One bid was received as follows:
Bobcat
of St. Louis $38,641.13
HEARING OF ANY MATTER OF PUBLIC
INTEREST UPON REQUEST OF ANY PERSON PRESENT
David Walter – 2328 Annalee
– came before the Board and said he received a letter from Mayor Kelly
regarding the West Community Credit Union proposed expansion.
Mayor Kelly said in talking with
representatives from the credit union, as well as meeting with Aldermen Cross
and Boyd, it was his suggestion that they postpone their application before the
City to try to work with the neighbors and come to an agreement on their new
parking lot.
Mr. Walter said he is involved
with the neighborhood association of about 80 people. In the past 45 days they have signed petitions relative to the
entire development. They would like to
see this proposal move through the process.
They are encouraging the Board to ask the credit union to put it back on
the agenda for the Board of Adjustment as well as the vote with the Board of
Aldermen.
Mayor Kelly said a meeting is
scheduled for residents to voice their opinions for Thursday, May 22nd
at 7:00 p.m.
Mr. Walter said rezoning is a
very passionate issue in their neighborhood.
It is like many things in life, there is not a lot of middle ground; you
are either for it or against it. Their
neighborhood has spoken clearly for the past year and a half. This is not a new position they have
taken. They are against knocking down
houses.
Kathryn Jepson – 2328 Annalee
– came before the Board and said the stance is that there is no middle
ground. The bottom line is that they do
not want homes torn down, traffic, noise, pollution, etc. They are protecting and maintaining the
integrity of the neighborhood.
INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS
AND RESOLUTIONS
1st and 2nd
Readings of Bill No. 5183
Motion was made by Alderman
Robertson, second by Alderwoman Mehler to give Bill No. 5183 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. 5183, AN ORDINANCE OF THE CITY OF BRENTWOOD, MISSOURI, RESCINDING ORDINANCE
NO. 3374 AND ESTABLISHING NEW PROCEDURES BY WHICH THE CITY OF BRENTWOOD MAY
AVAIL ITSELF OF THE PROVISIONS OF CHAPTER 353 OF THE REVISED STATUTES OF
MISSOURI 2000, AS AMENDED, KNOWN AS THE URBAN REDEVELOPMENT CORPORATIONS LAW,
INCLUDING PROVISIONS WHICH MAY EXTEND PARTIAL PROPERTY TAX ABATEMENT AND USE OF
THE POWER OF EMINENT DOMAIN TO THE URBAN REDEVELOPMENT CORPORATIONS PURSUANT TO
APPROVED DEVELOPMENT PLANS WITHIN AREAS OF THE CITY FOUND AND DECLARED BY THE
BOARD OF ALDERMEN TO BE BLIGHTED; PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE, its first and second readings.
Economic Development Director
Shelton said there are two minor amendments to the bill. Page 4, Section 6, request 15 copies of any
proposal. It is current practice to ask
for 25 copies. Page 5, Section 6, (g)
insert the word “and” after “locations” but before “in”.
Alderman Leahy said even with
that change the interpretation of that paragraph still leaves them to the point
that relocation of displaced residents or businesses still stay within the
definition of the City of Brentwood, which may be difficult to accomplish.
Mr. Shelton said he reviewed that
with legal counsel and their interpretation is that it does not limit the
City. It is always their intent to
relocate any business or resident if possible.
This does not mandate that those displaced businesses or residents be
relocated within the City.
Motion was made by Alderman
Leahy, second by Alderman Marshall to approve and adopt Bill No. 5183 as
amended. 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. 5183 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3883.
Public Hearing – Petition to Rezone 17.7 Acres
of Property
Mayor Kelly announced the public
hearing to rezone 17.7 acres of property in Hanley Industrial Court would now
be heard at 7:15 p.m.
Zoning Administrator Wolf came
before the Board and said this is the same issue that was before the Board a
couple of meetings ago except this time they sent the letters to the affected
properties advising them of the public hearing. The issue remains the same.
Mayor Kelly said this area would
be rezoned for the Costco Project. It
is going from commercial to planned development. When this public hearing was
held before, not all the property owners received notice of it, so a second
public hearing had to be held. The
first bill was not signed.
Mayor Kelly asked if there were
any comments.
Claudia Perow – KV
Pharmaceutical came before the Board and said they received the second
notice, which is the first time they had heard about the Costco Redevelopment
Project. KV Pharmaceutical has been a
proponent of development in the Brentwood area. They have been before the Board in the past for the renovation of
their corporate office on Hanley Road, which they recently completed and moved
into. KV knew about general
redevelopment in the area but did not know about the specific Costco
Redevelopment and that it would affect some of their properties. They have been an almost 30 year tenant in
the Hanley Industrial Court area. They
are not sure what this redevelopment means for long term tenants like
themselves regarding the timing for relocation. The microbiological facility is
a big concern for them. It is the main
release facility for their entire company for microbiological testing. KV operations are heavily dependent on the
running of microbiological testing. For
them this relocation is not a matter of just moving an office, the micro
facility is a FDA regulated facility.
It is a highly technical build in relocating. They began planning last week, understanding that the process is
well underway in terms of redevelopment.
Beyond just constructing a facility they also have to have the FDA
certify it and until it is certified they cannot discontinue operations in the
current facility. They are really
concerned about the timing and what hardship that might put on the
company.
Mayor Kelly said the relocation
is part of the redevelopment agreement and the cost associated with that and so
forth. He suggested Ms. Perow contact
Bob Shelton.
With no further comment, Mayor Kelly announced the public hearing
closed at 7:20 p.m.
Public Hearing – Proposed Blighting of
Hanley/Strassner Redevelopment Area
Mayor Kelly announced the public
hearing for the proposed blighting of the Hanley/Strassner Redevelopment Area
would now be heard at 7:20 p.m.
Economic Development Director
Shelton said this is an area that was previously a redevelopment area for the
Brentwood Promenade, therefore the area need to be declared 353 to allow Costco
to have redevelopment rights. This
proposal is consistent with the redevelopment agreement for the entire project
that has been approved by the Board of Aldermen. This went through the Urban Redevelopment Corporation consistent
with ordinances as well as the Planning and Zoning Commission.
Mayor Kelly asked if there were
any comments.
Mike Lander – Lander Binding
and Finishing came before the Board and said they have two properties at
1425 and 1429 Hanley Industrial Court. He
asked if that whole area is being blighted and what does blighting do to them
as tenants.
Mayor Kelly said the area is blighted under the state
statutes under the definition of blight in order to qualify for the TIF
financing through the City. As a tenant,
it does not have any affect on the occupants. He does not know that it would
have any impact on the property or business.
Mr. Lander said it was stated
that Costco has to bargain in good faith with tenants before they could condemn
the property. Does the definition of
blight have any bearing on that?
Mayor Kelly said not from a
tenancy standpoint.
Mr. Lander said time is very
crucial in the relocation of their business.
With no further comments, Mayor
Kelly announced the public hearing closed at 7:25 p.m.
Bill No. 5180 – Development Plan for Blighted
Area
Motion was made by Alderman
Robertson, second by Alderman Marshall to remove Bill No. 5180 from hold. Roll call:
Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderwoman
Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
2nd Reading of Bill
No. 5180
Motion was made by Alderman
Marshall, second by Alderman Leahy to give Bill No. 5180 its second
reading. 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. 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 second reading.
Motion was made by Alderman
Robertson, second by Alderman Leahy to approve and adopt Bill No. 5180. 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. 5180 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3884.
1st and 2nd
Readings of Bills No. 5181 and 5182
Motion was made by Alderman
Leahy, second by Alderwoman Mehler to give Bills No. 5181 and 5182 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.
Bill No. 5181 – Sale of Property
City Attorney Murphy gave Bill No. 5181, AN ORDINANCE
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF
BRENTWOOD, MISSOURI FOR THE SALE OF CITY PROPERTY LOCATED AT 8751 EULALIE TO
PRAPAPUN WILSON, 873A LIONGATE, UNIVERSITY CITY, MISSOURI 63130, its first and
second readings.
Mayor Kelly said this bill is an
agreement for the sale of the house directly behind City Hall that the City
purchased a few years ago, not knowing if additional parking would be
needed. The City has determined it does
not need that property so the house was put on the market. This will not be rental property. The owner will live in the house.
Motion was made by Alderman
Leahy, second by Alderman Marshall to approve and adopt Bill No. 5181. 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. 5181 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3885.
Bill No. 5182 – Rezone Certain Property on
Strassner and Hanley Industrial Court
City Attorney Murphy gave Bill
No. 5182, 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 Alderwoman
Mehler, second by Alderman Leahy to approve and adopt Bill No. 5182. Roll call:
Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes;
Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
Alderman Leahy said as amendments
are made to the zoning map when would an update of the map reflect the changes.
Mayor Kelly said that would be
part of the Comprehensive Plan.
The Mayor thereupon declared Bill
No. 5182 duly passed and signed same into approval thereof. Said Bill was given Ordinance No. 3886.
ACCOUNTS AGAINST THE CITY
Motion was made by Alderman
Cross, second by Alderwoman Mehler to approve the warrant list dated 5/5/03 as
delivered. All in favor, none opposed.
REPORTS OF COMMITTEES AND
DEPARTMENT HEADS:
Mayor’s Report
Swearing-in
Mayor Kelly said the swearing-in
of elected officials would be done after the meeting tonight.
Comprehensive Plan Steering Committee
Mayor Kelly said the
Comprehensive Plan Steering Committee has a good representation with former
elected officials, representatives from wards and a business owner. The committee will hold a meeting towards
the end of this month. They are working
with Bob Shelton to issue an RFP for a consultant to help work on updating and
revising the comprehensive plan. They
are anticipating this process will take approximately 1-½ years. The committee will be getting copies of the
current comprehensive plan to review later this week and then that process will
start.
Public Safety Committee
– No report
Public Works Committee
– No report
City Engineer – No
report
Parks – No report
Zoning Administrator
Special Use Permit – Double D Lounge
Zoning Administrator Wolf said he
has an application for a special use permit for Double D Lounge to allow them
to have an annual fundraiser in which they set up food and drink service
outside on the sidewalk. This has been
going on for several years. The
fundraiser will be held on May 17th.
Motion was made by Alderman
Marshall, second by Alderman Leahy to grant the special use permit to Double D
Lounge for their fundraiser on May 17th. All in favor, none opposed.
Relocation of Driveway
Zoning Administrator Wolf said
the City received an application to relocate a driveway for an individual who
lives on Annalee. He currently has a
driveway going down into his basement.
City code requires a Board of Alderman approval. The resident wants to move the driveway to
the end of his property, cease using the old one and restore it to a tree planting
strip and curb.
The Board indicated they had no
problem with the relocation of the driveway.
Ways and Means Committee
Alderman Golfin said he would
like to schedule a Ways and Means Committee meeting for Wednesday, May 14th
at 5:00 p.m.
Planning and Zoning – No report
City Attorney – No
report
City Clerk/Administrator
– No report
Director of Economic Development
Property on Manchester Road
Director of Economic Development
Shelton said the property at 8721-8735 Manchester Road has been on the market
for quite a while. It has been
recommended by the Redevelopment Corporation that the City distribute request
for proposals for that area.
Mayor Kelly said they have spoken
with the property owner and they are in agreement with it.
Alderman Leahy said he would like
to see the responses that come in stay within the boundaries defined in the
proposed area.
Excise Commissioner
– No report
Library – No report
Municipal League –
No report
Waste Management Commission
Alderman Golfin said he would like
to schedule a combined meeting for Tuesday, May 20th at 7:00 p.m.
with the Waste and Stormwater Management Commission.
Stormwater Management
Alderman Golfin said he would
like to schedule a meeting on Thursday, May 22nd at 7:00 p.m.
Communication – No
further report
Facilities Committee
– No report
Insurance Committee
– No report
UNFINISHED BUSINESS
National Day of Prayer
Alderman Wynn said last Thursday
was National Day of Prayer and a session was held at City Hall from 12:30 p.m.
to 1:00 p.m. The prayer group included fourth graders from St. Mary Magdalen
who were well behaved.
NEW BUSINESS
Mayor Kelly said he would like to
encourage everyone to take a moment to call their state senators to voice
opposition to Bill 293 that has been passed through the House and is now before
the Senate. It would put a limit on the
business license fees that the City is able to collect. The limit would be $10,000 a year. It also puts a limit on the amount the City
could charge for utility taxes to corporate citizens. This would amount to over $1 million loss to the City of
Brentwood in revenue for next year if it passes.
Mayor Kelly said the meeting will
be adjourned and then they will proceed with the swearing-in of elected
officials.
ADJOURNMENT
Motion was made by Alderman
Marshall, second by Alderman Robertson to adjourn the meeting at 7:46 p.m. All in favor, none opposed.
Swearing-in of Elected Officials
City Administrator Seemayer
administered the Oath of Office to Mayor Kelly, Alderman Cross, Alderman Wynn,
Alderman Robertson and Alderwoman Mehler.
Pat Kelly, Mayor
Attest:
Chris Seemayer, City Clerk