MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
City Hall July 21, 2003
Council Chambers 7:00 p.m.
The Mayor led with the Pledge of
Allegiance.
Present: Alderman Boyd (by telephone), Alderman Leahy,
Alderwoman Mehler, Alderman Robertson, Alderman Cross.
City Attorney Murphy, City Clerk/Administrator
Seemayer, Zoning Administrator Wolf, Economic Development Director Shelton,
Treasurer Reynders, Chief Knight, Executive Secretary Williams.
Absent: Alderman Marshall, Alderman Golfin and Alderman
Wynn.
CONSIDERATION AND APPROVAL OF
THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF JULY 21, 2003
Motion was made by Alderwoman
Mehler, second by Alderman Robertson to approve and adopt the Agenda of the
Regular Board of Aldermen Meeting of July 21, 2003. Roll call: Alderman Boyd,
yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes;
Alderman Cross, yes.
CONSIDERATION AND APPROVAL OF
THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF JUNE 16, 2003
Motion was made by Alderman
Robertson, second by Alderwoman Mehler to approve and adopt the Minutes of the
Regular Board of Aldermen meeting of June 16, 2003. Roll Call: Alderman Boyd,
yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes;
Alderman Cross, yes.
PROCLAMATION – Frederick Woodall
Motion was made by Alderman Boyd,
second by Alderman Cross to approve the proclamation for Frederick Woodall on
the occasion of his 90th birthday. All in favor none opposed.
COMMENDATIONS – Police Department
Police Chief Knight came before
the Board and asked Lieutenant David Callaway, Officer Jim McIntyre and Officer
Michael Johnson to come forward. He stated that on June 16th about 11:00 p.m. the officers received a call from a resident about a person inside a garage on
Brazeau. Subsequently the resident confronted the person in the garage
inquiring as to what they were doing there. The person became belligerent and
threatened the individual. The subject then left and proceeded down the
alleyway. Lieutenant Callaway happened to be in the 2800 block of Brentwood
Boulevard and saw the subject running across the street. He was asked to
stop and he did not. Officers McIntyre and Johnson were also assisting on the
call. The subject was cornered on the Schnucks lot and the officers were able
capture him. He was on probation for robbery and burglary. Because of the
officers’ knowledge and ability to be able to deal with this individual, they
were able to arrest him without incident. Chief Knight presented the
commendations to Lieutenant Callaway, Officers McIntyre and Johnson.
Lieutenant Disbennett brought to
his attention the outstanding performance that Detective/Sergeant Freeman
completed. Over the last seven years there have been numerous thefts of
packages from doors in Brentwood Forest. Many officers conducted surveillances
but the stealing continued. Detective Freeman had a call from a young lady
that had been a victim of package theft. He went above and beyond to set up
surveillance for several days and caught a fourteen-year-old girl taking the
packages. She admitted to stealing over 150 packages over the last several
years and started when she was in the second grade. He commended Detective
Freeman and presented him with a commendation.
BIDS – None
HEARING OF ANY MATTER OF PUBLIC INTEREST UPON REQUEST OF
ANY PERSON PRESENT
Otto Lickenbrock – 2302 St.
Clair and member of the Stormwater Commission came before the Board and
said a letter was distributed to elected officials and staff from Chairman
Golfin. In 1994 when this was set up it was set up so that stormwater funds
would get 50% of the revenue from the tax and parks would get the other 50%.
He is recommending that the stormwater and parks budget be separated. This tax
is generating $1.3 million a year. They are recommending $650,000 for
stormwater and $650,000 for parks. After eight years, they have gotten 9% and
the rest went somewhere else. The program is dead because they do not have any
money. This has affected the project schedule tremendously. They are asking
for more cooperation between them and the Board of Alderman and staff.
Public Hearing – Conditional Use Permit – Centene Corporation
Mayor Kelly announced the public
hearing for a Conditional Use Permit for Centene Corporation would now be heard
at 7:15 p.m.
Zoning Administrator Wolf came
before the Board and said the Conditional Use Permit is for a private day care
for the employees of Centene Corporation at 1243 Hanley Industrial Court. They
will employ between four and six employees who will do office work as well as
monitor the children’s activities.
Alderman Leahy asked what is the
height of the fence they are putting in.
Zoning Administrator Wolf stated
that it is a six-foot, site proof, vinyl fence, which surrounds a play area.
It is for security reasons as well as privacy. They have also agreed to plant
a large number of trees on that lot. The City has requested they delay that
until the Strassner Road situation is decided.
With no comments from the
audience, the Mayor announced the public hearing closed at 7:19 p.m.
Public Hearing – Amending Zoning Regulations
Mayor Kelly announced the public
hearing for amending zoning regulations would now be heard at 7:20 p.m.
Zoning Administrator Wolf said
the amendment has to do with massages. Brentwood’s definition of massage
therapy specifically outlaws massages anywhere in any zoning district of the
city. The license requested would be for a legitimate body massage, dealing
with therapeutical, as well as relaxation techniques.
Alderman Leahy stated the bill
that is before the Board for passage does require the state licensing
certification for the massage masseuse to work with. But it does not require
those licenses to be posted in a public area inside the facility. He would
like the bill amended to include the posting of the licenses in a public area
in the facility.
With no further comment, Mayor
Kelly announced the public hearing closed at 7:23 p.m.
Andy Truss – 2825 Brazeau
came before the Board and requested a meeting with the Public Works Committee
to discuss the subdivision of property.
Alderman Robertson stated that he
is in the process of setting up a meeting for the Public Works Committee.
Amy Krekeler – 9009 White
came before the Board and read a letter from Karen Smith who is a resident at
8930 Harrison and member of the Stormwater Task Force. The letter is attached
to the minutes.
Melinda Farrar – 8926 Moritz
came before the Board and said she is a member of the Stormwater Commission.
The Stormwater Commission is made up of all volunteers that have invested a lot
of time. It is pretty sad that nothing is happening on the committee. They
have in the past completed some major projects. They need to know if there is
a solution and should they continue their volunteer work.
Kathryn Jepson – 2328 Annalee
came before the Board and said the West Community Credit Union proposal was put
on hold some weeks ago. They are coming before the Board of Adjustment.
Mayor Kelly stated that he talked
to Mr. Hindrichs with West Community Credit Union a few weeks ago and they are
proposing to the Board of Adjustment to tear down the dentist building and
build their parking lot on that lot.
Mrs. Jepson said she does not
understand how something could be on hold at the Board of Alderman level, but
there is a different proposal going before the Board of Adjustment.
Mayor Kelly said whatever happens
at the Board of Adjustment level will have to go back to the Planning and
Zoning Commission. Whatever recommendation the Planning and Zoning Commission
makes, it would then come to the Board of Alderman.
Robert Loynd – 9365 Parkside
came before the Board and said he talked to the neighbors and has seen the
problem himself concerning the runoff from Mount Calvary Church. When it rains
there is a stream running between their yards. It runs off the church parking
lot. The engineers who designed that property did not take into consideration
the neighbors. It does not appear to him that it would take too much to solve
that problem. Some type of conduit could be installed that would run the water
into the sewer system on Litzsinger. The community has to address things like
this.
Mayor Kelly said when the
proposal for the stormwater sales tax was put on the ballot the classification
of the tax was stormwater/parks. The way it was proposed was that if it passes
the City would eliminate the utility taxes, which means they would be taking
that revenue out of the general revenue fund. All of the projects are
important. The Stormwater Commission has done a great service to the city by
getting some very significant projects done. They have been able to get those
projects done because of their efforts and matching funds to encourage MSD to
do those projects. This year and last year the City budget has been very
tight. Funds are allocated every year based on the priorities given to them.
That is what the Board of Alderman does every year when they approve the
budget. He understands the frustration of the committee that there was not a
big project done this year but there were many things the City did not do this
year.
Mayor Kelly said he had many
meetings with Mount Calvary and it is a civil issue. Mount Calvary is shedding
water onto private property. He has made some suggestions to them to fix that
problem and offered that the City would supply the labor to do those
improvements if they would pay for the materials. Mount Calvary has not taken
him up on that.
INTRODUCTIONS, READINGS, AND PASSAGE OF BILLS AND
RESOLUTIONS
Motion was made by Alderman
Leahy, second by Alderman Robertson to give Bill No. 5191, 5192, 5193, 5194 and
5195 first and second readings. Roll call: Alderman Boyd, yes; Alderman
Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross,
yes.
Bill No. 5191 – Designating Fire Lanes
City Attorney Murphy gave Bill
No. 5191, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF
THE CITY OF BRENTWOOD, SECTION 14-1002, SCHEDULE B-1, BY DESIGNATING FIRE LANES
FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND, PROVIDING FOR THE REPEAL OF ALL
CONFLICTING ORDINANCES, its first and second readings.
Motion was made by Alderman
Robertson, second by Alderman Leahy to approve and adopt Bill No. 5191. Roll
call: Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman
Robertson, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5191 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3894.
Bill No. 5192 – Amending Chapter 25
City Attorney Murphy gave Bill
No. 5192, AN ORDINANCE AMENDING CHAPTER 25 OF THE REVISED CODE OF THE CITY OF
BRENTWOOD, MISSOURI BY AMENDING SECTION 25-2 TO ALLOW CERTAIN TYPES OF LEGAL
MASSAGE UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES, its
first and second readings.
Alderman Leahy stated that on
page 2, section 1, second paragraph of Bill No. 5192 needs to be amended to
establish that those licenses be visible in a common area inside the
establishment.
Motion was made by Alderman
Leahy, second by Alderwoman Mehler to amend Bill No. 5192 as stated above. Roll
call: Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman
Robertson, yes; Alderman Cross, yes.
Motion was made by Alderman
Leahy, second by Alderman Robertson to approve and adopt Bill No. 5192 as
amended. Roll call: Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman
Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5192 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3895.
Bill No. 5193 – Conditional Use Permit - Centene Corporation
City Attorney Murphy gave Bill No. 5193, AN ORDINANCE
GRANTING A CONDITIONAL USE PERMIT TO THE CENTENE CORPORATION WHICH ALLOWS USE
OF PROPERTY NUMBERED 1243 HANLEY INDUSTRIAL COURT AS A PRIVATE DAY CARE
FACILITY; APPROVING A SITE DEVELOPMENT PLAN FOR 1243 HANLEY INDUSTRIAL COURT
WHICH ALLOWS FOR CONSTRUCTION OF AN OUTDOOR PLAY AREA TO BE FENCED AND
LANDSCAPED; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE; AND, ESTABLISHING
THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second readings.
Motion was made by Alderman Cross, second by Alderwoman
Mehler to approve and adopt Bill No. 5193. Roll call: Alderman Boyd, yes;
Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman
Cross, yes.
The Mayor thereupon declared Bill
No. 5193 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3896.
Bill No. 5194 – Parking by the Physically Disabled
City Attorney Murphy gave Bill
No. 5194, AN ORDINANCE AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF
THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW PARAGRAPH TO SECTION 14-1004,
SCHEDULE D, PARKING OF VEHICLES BY THE PHYSICALLY DISABLED AT 1706 REDBIRD
COVE; 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.
Motion was made by Alderwoman
Mehler, second by Alderman Leahy to approve and adopt Bill No. 5194. Roll
call: Alderman Boyd, yes; Aderman Leahy, yes; Alderwoman Mehler, yes; Alderman
Robertson, yes; Alderman Wynn, yes.
The Mayor thereupon declared Bill
No. 5194 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3897.
Bill No. 5195 – Cost Participation Agreement
City Attorney Murphy gave Bill
No. 5195, AN ORDINANCE REPEALING ORDINANCE NO. 3882 AND ENACTING IN LIEU
THEREOF A NEW ORDINANCE WHICH AUTHORIZES THE MAYOR TO ENTER INTO A COST
PARTICIPATION AGREEMENT WITH METRO FOR THE STRASSNER ROAD EXTENSION
IMPROVEMENT, its first and second readings.
Mayor Kelly stated that since
Costco pulled out of the redevelopment, they have been talking with MLP and
Metro. It is important that the City try to have a grade separated crossing at
that intersection. He requested the Bill be amended in the bill title and in
section 1 as follows: “an amended” should be inserted before “COST
PARTICIPATION AGREEMENT with Metro”. At this point the only way they could get
Metro to proceed with the construction of that bridge is if the City guarantee
through the general revenue funds that they would be able to reimburse Metro.
Other possibilities that will help funding include the MLP project, RFP for RPA
1 which was the Costco site to generate TDD funds, forming a TDD district for
that area of the city which would include the Promenade, Home Depot and all of
the businesses in Hanley Industrial Court and use those funds to help pay for
the roadway improvement. By doing that they would have enough funds to make
all the improvements to the roadway, not just the bridge itself, but the
additional widening of Strassner. The worse case scenario in guaranteeing
funds would be in January of 2006 if everything else fails and the City
couldn’t get a tax increase, the City would implement to the voters the taxes
that they have been abating to the residents which include the park and street
bond issue taxes, levies that were approved by the voters that the City has
been paying out of the general revenue fund. That would free up $500,000 a
year that the City could reimburse Metro for the bridge. Otherwise there is no
way that they are going to construct that bridge since the City doesn’t have a
signed redevelopment agreement with anybody for either one of those two sites.
When Costco pulled out Bi-State
pulled all their engineers and so forth and went back to their original plan.
It is going to take a lot to get them back on board even with this guaranty
because they do not want any delays in their project. It is vital that the
City get back to them.
Motion was made by Alderman
Leahy, second by Alderwoman Mehler to amend Bill No. 5195 by adding the words,
“an amended” to the bill title and section 1 of the bill. Roll call: Alderman
Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson,
yes; Alderman Cross, yes.
Motion was made by Alderman
Leahy, second by Alderwoman Mehler to approve and adopt Bill No. 5195 as
amended. Roll call: Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman
Mehler, yes; Alderman Robertson, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill
No. 5195 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3898.
Resolution No. 894 – Preliminary Agreement – MLP
Mayor Kelly said Resolution No.
894 would be discussed in executive session.
ACCOUNTS AGAINST THE CITY
Motion was made by Alderwoman
Mehler, second by Alderman Robertson to approve the revised warrant list dated
July 21st. All in favor none opposed.
REPORTS OF COMMITTEES AND DEPARTMENT HEADS:
Mayor’s Report
Executive Session/Legal Matter
Mayor Kelly announced an
executive session/legal matter would be held following the regular meeting.
Public Safety Committee
Injured Firefighters
Alderwoman Mehler announced that
firefighters David Niemeyer and Matt Stoverink were injured while assisting in
a Webster Groves fire, but are doing well.
Public Works Committee
- No report
City Engineer – No report
Parks – No report
Zoning Administrator – No report
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
Temporary Liquor License – Café Linguini and Ruby’s Brentwood Inn
Motion was made by Alderman
Cross, second by Alderwoman Mehler to grant the temporary liquor license
requests to Café Linguini and Ruby’s Brentwood Inn for Brentwood Days. All in
favor none opposed.
Library – No report
Municipal League –
No report
Waste Management Commission
– No report
Stormwater Management
– No report
Communication - No
report
Insurance Committee
– No report
UNFINISHED BUSINESS - None
NEW BUSINESS – None
Executive Session
Motion was made by Alderman Cross, second by Alderman Leahy
to enter into executive session on a legal matter at 8:23 p.m. Roll call: Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman
Robertson, yes; Alderman Cross, yes.
After discussion on a legal matter, motion was made by
Alderman Cross, second by Alderman Leahy to return to open session at 8:51 p.m. Roll call: Alderman Boyd, yes; Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman
Robertson, yes; Alderman Cross, yes.
Resolution No. 894 – Preliminary Agreement - MLP
Motion was made by Alderwoman Mehler, second by Alderman
Leahy to approve and adopt Resolution No. 894. Roll call: Alderman Boyd, yes;
Alderman Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman
Cross, yes.
ADJOURNMENT
Motion was made by Alderman Cross, second by Alderman Boyd
to adjourn the meeting at 8:50 p.m. Roll call: Alderman Boyd, yes; Alderman
Leahy, yes; Alderwoman Mehler, yes; Alderman Robertson, yes; Alderman Cross,
yes.
Pat
Kelly, Mayor
Attest:
Chris Seemayer, City Clerk