MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
City Hall September 15, 2003
Council Chambers 7:00 p.m.
The Mayor led with the Pledge of
Allegiance.
Present: Alderman Marshall, Alderman Leahy, Alderman
Golfin, Alderwoman Mehler, Alderman Robertson, Alderman Wynn, Alderman Cross.
City Attorney Murphy, City Clerk/Administrator
Seemayer, Zoning Administrator Wolf, Economic Development Director Shelton,
Treasurer Reynders, Executive Secretary Williams and Excise Commissioner
Clements.
Absent: None.
CONSIDERATION AND APPROVAL OF
THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF SEPTEMBER 15, 2003
Motion was made by Alderman
Golfin, second by Alderman Robertson to approve the Agenda of the Regular Board
of Aldermen Meeting of September 15, 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 AUGUST 18, 2003
Motion was made by Alderman
Golfin, second by Alderman Leahy to approve and adopt the Minutes of the
Regular Board of Aldermen meeting of August 18, 2003 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.
Corrections:
Page 3, paragraph 3, reads, “the
sewer lateral funds”, should read “the stormwater/parks funds”.
In the Stormwater/Flood Task Force
Report, item 3 reads, “Work to connect sewer”, should read, “Work to correct
sewer”.
CONSIDERATION AND APPROVAL OF
THE MINUTES OF THE SPECIAL BOARD OF ALDERMAN MEETING OF AUGUST 21, 2003
Motion was made by Alderman
Leahy, second by Alderwoman Mehler to approve and adopt the Minutes of the
Special Board of Aldermen Meeting of August 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.
Appointment of Alderman
Mayor Kelly said tonight a new
alderman for Ward 1 would be sworn in to replace David Boyd who resigned.
Brentwood Code states that the mayor “shall” call a special board of aldermen
meeting to swear in a new alderman. A recess will be taken from the regular
meeting and a special board of aldermen meeting will be opened to do the
swearing-in and then the regular meeting will reconvene.
Recess of Regular Meeting
Motion was made by Alderman
Leahy, second by Alderwoman Mehler to call for a recess at 7:05 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.
Special Board of Aldermen Meeting
Motion was made by Alderman
Cross, second by Alderman Marshall to open the Special Board of Aldermen
Meeting at 7:07 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.
Mayor Kelly introduced Gerard
Moreno, a long time Brentwood resident who is willing to take on the
responsibility of Alderman for Ward 1. He attended Brentwood High School and
is married with two children.
Mayor Kelly recommended the
appointment of Gerard Moreno as Alderman for Ward 1.
Motion was made by Alderman
Robertson, second by Alderman Wynn to appoint Gerard Moreno as Alderman for
Ward 1. 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 administered the Oath
of Office to Gerard Moreno.
Alderman Moreno took his seat as
Alderman for Ward 1.
Adjournment of Special Meeting
Motion was made by Alderwoman
Mehler, second by Alderman Leahy to adjourn the Special Board of Aldermen
Meeting at 7:10 p.m. All in favor none opposed.
Reconvene Regular Meeting
Motion was made by Alderman
Robertson, second by Alderman Marshall to return to the regular session. All
in favor none opposed.
ROLL CALL
Alderman Moreno, Alderman
Marshall, Alderman Leahy, Alderman Golfin, Alderwoman Mehler, Alderman
Robertson, Alderman Wynn, Alderman Cross.
BIDS – None
HEARING OF ANY MATTER OF PUBLIC
INTEREST UPON REQUEST OF ANY PERSON PRESENT
Mayor Kelly said he understands
some of the alderpersons have gotten a number of phone calls concerning the
issue of the mayor’s term. He suggested the bill be removed from the agenda
this evening and the alderpersons talk to their constituents and get some
feedback.
Amy Krekeler – 9009 White
came before the Board and said over the Labor Day holiday Brentwood received a
lot of rainfall in a short amount of time. Several homes in her area and other
areas had water problems. What is being done about the flooding?
Otto Lickenbrock – 2302 St.
Clair came before the Board and said he is a member of the Flood Committee
and is a very unhappy voter who is not seeing the progress on the storm sewer
improvements that they voted for in 1995 and 1997. In the July meeting he
asked questions about when the projects were going to be done and when the
funding would be available. These projects are expensive but they are getting
more expensive every year. These are one time costs. Cleanup costs are also
expensive for the City and the homeowners. The improvements have many
benefits. White Avenue Phase 1 project dried up his basement and all the
basements south of White Avenue on St. Clair. He asked the Board to approve
funding for a 50/50 split.
Bob Brinkman – 8606 Rosalie
came before the Board and said the retaining wall on the Helen side of his
neighbor’s property has fallen.
Mayor Kelly said the City is
going to replace it.
Kathryn Jepson – 2328 Annalee
came before the Board and said after talking to some people in Kirkwood, some Brentwood
residents are forming a similar group to address issues in Brentwood. The
alderpersons are going to be hearing from them. Brentwood’s group is going to
be a proactive group.
Harold Ostergaard - 2314
Patton came before the Board and said they have gone around to residents
and invited them to come up to the meeting and hear the presentation concerning
the mayor’s term and they would appreciate some discussion on that tonight.
Karen Smith – 8930 Harrison
came before the Board and said she doesn’t know if the Board would be
interested in finding out from the residents present how many are for the
mayor’s four year term or opposed to it, feeling that they would not have any
recall provision. Brentwood is a fourth class city that is governed by state
statute that has no recall. Many of our neighboring cities do have four-year
terms for their mayors but they are charter cities with recall provisions.
Since the Flood Committee was
formed communication with Brentwood and MSD has improved. MSD has acknowledged
our sewers and have done several large capital projects. The Task Force
consolidated a list of projects and also supported to have a sales tax voted
in. That sales tax was to fund smaller capital projects that MSD was not
going to be able to accomplish in Brentwood. She urged the Board to consider
how serious the stormwater and sewer issues are in Brentwood and make sure that
appropriate sales tax funds are allocated, a tax which the voters approved to
have spent on sewers and not just parks.
Rick Bauer – 2850 Lawndell
– came before the Board and asked for a show of hands from the residents that
came to the meeting tonight because of the flyer that was circulated opposing
the mayor’s four-year term.
Terry Noles – 2602 Salem
came before the Board and said she is in support of the mayor’s four year
term. A two-year term is not long enough to accomplish things that this city
has to accomplish. Mayor Kelly has made many improvements for the City in his
tenure. The City as a whole overwhelmingly elected him in his first run and as
an incumbent who ran unopposed. Unfortunately it is impossible to please all
constituents all the time. For those of you who are opposed to redevelopment take
a step back and focus on some of the other improvements he has made as mayor.
This mayor would not be affected by the legislation because the City as a whole
can decide who they want to elect as mayor in 2005.
Alderman Golfin said they have
heard for at least three months now comments from the residents. There is no
denying the fact that there has not been money for stormwater control. There
have been numerous reports written. There is a program at work prioritizing
projects and estimating their costs. It is time to move ahead on that and
address what monies may be available for the remainder of 2003, so that they
can do some of the minor work, and address the issue of what they can budget
realistically in 2004. They will be deciding whether there are any funds to be
available for the remainder of 2003 and deciding the budget for 2004. This
Board will have to decide how much can be allocated for stormwater
realistically and appropriately. Whatever money Brentwood can put forward are
almost tripled because they can do a matching fund with MSD. MSD will do
projects where they get matching funds and will do nothing if they do not get
matching funds. He has prepared a factoid, so that the Board will be fully
informed.
Mayor Kelly said they may not
have given MSD the maps with the sewers back in 1958 when they took them over
but they have been collecting money from the residents since 1958. They have a
responsibility to fix those sewers. The combination sewers that still need to
be replaced are going to be mandated by the EPA that MSD fix those and separate
them from the stormwater sewers. MSD has neglected the sewers for years. If
these concerns are of high priority, he suggests that Ways and Means look at
passing a bond issue in the City of Brentwood that would give them the money
today to fix those sewers.
Alderman Marshall said he
received several phone calls from people in Ward 2. There were a few residents
that are in support of the four-year term but the majority of them are against
it. The four-year term narrows the possibilities of candidate wanting to run.
When you look at how much a campaign cost and you are doing it every two years
that can be costly. There is no guarantee that you are going to be elected,
so you are putting that money on the table and you may or may not get anything
back.
Alderman Wynn said it is an issue
the people should decide. Without a doubt they were all, except for one,
opposed to the four-year term.
INTRODUCTIONS, READINGS, AND
PASSAGE OF BILLS AND RESOLUTIONS
Bill No. 5174 – Hanley/Strassner RPA 2
Redevelopment Project
Motion was made by
Alderman Robertson, second by Alderman Golfin to give Bill No. 5174 second
reading. Roll call: Alderman Cross, yes; Alderman Wynn, yes; Alderman Robertson,
yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes;
Alderman Marshall, yes; Alderman Moreno, yes.
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 second reading.
Chris Ho – MLP Investments
came before the Board and said there is going to be an overpass of the rail
over future Strassner Road, which is adjacent to the project. They are moving
forward with the refinement of their project because originally the project was
intended for an at grade crossing. That has changed, so they are looking at
the refinement of the design itself as it relates to the overpass. The
concept has not changed. They are still moving forward with a mixed-use
project, which will have residential apartments over retail. The original RFP
had approximately 300 apartments and 40,000 square feet of retail. They are
still working towards those numbers. The critical design features of this
project are very much a creation of a project that has a very pedestrian
friendly environment. There will be shops and restaurants on the ground floor
and apartments over them.
Motion was made by
Alderman Golfin, second by Alderman Marshall to approve and adopt Bill No.
5174. Roll call: Alderman Cross, yes; Alderman Wynn, yes; Alderman Robertson,
yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes;
Alderman Marshall, yes; Alderman Moreno, yes.
The Mayor thereupon declared Bill
No. 5174 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3904.
Bill No. 5199 – Election of Officers Generally
Motion was made by
Alderman Leahy, second by Alderman Golfin to remove Bill No. 5199 from the
agenda. Roll call: Alderman Cross, yes; Alderman Wynn, yes; Alderman
Robertson, yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy,
yes; Alderman Marshall, yes; Alderman Moreno, yes.
1st and 2nd
Readings of Bills
Motion was made by
Alderman Leahy, second by Alderman Marshall to give Bills No. 5202, 5203 and
5204. Roll call: Alderman Cross, yes; Alderman Wynn, yes; Alderman Robertson,
yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes;
Alderman Marshall, yes; Alderman Moreno, yes.
Bill No. 5202 – Physically Disabled Parking
City Attorney Murphy gave Bill
No. 5202, 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 1718 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.
Mayor Kelly said he would like
the process of establishing handicapped parking spaces more of an
administrative duty that can be handled through City Hall staff, instead of
having to pass an ordinance every time a space is needed.
Alderman Golfin said many of the
handicapped signs do not include the $85.00 fine for violation. That needs to
be encouraged especially in Brentwood Forest because parking is tight. If
someone is occupying that space the physically disabled person cannot get in
there.
Motion was made by
Alderman Wynn, second by Alderman Marshall to approve and adopt Bill No. 5202.
Roll call: Alderman Cross, yes; Alderman Wynn, yes; Alderman Robertson, yes;
Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman
Marshall, yes; Alderman Moreno, yes.
The Mayor thereupon declared Bill
No. 5202 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3905.
Bill No. 5203 – Redevelopment Agreement – MLP
City Attorney Murphy gave Bill
No. 5203, AN ORDINANCE AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT
WITH MLP HANLEY STATION, LLC, RELATING TO THE HANLEY/STRASSNER TAX INCREMENT
FINANCING (TIF) REDEVELOPMENT PLAN, its first and second readings.
Alderman Leahy said page 2,
section 5 of the bill has been revised.
Motion was made by
Alderman Marshall, second by Alderman Robertson to approve and adopt Bill No.
5203. Roll call: Alderman Cross, yes; Alderman Wynn, yes; Alderman Robertson,
yes; Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes;
Alderman Marshall, yes; Alderman Moreno, yes.
The Mayor thereupon declared Bill
No. 5203 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3906.
Bill No. 5204 – Filling Vacancies in Office
City Attorney Murphy gave Bill
No. 5204, AN ORDINANCE AMENDING CHAPTER 8 OF THE REVISED CODE OF ORDINANCES OF
THE CITY BRENTWOOD, MISSOURI BY DELETING SECTION 8-8 IN ITS ENTIRETY AND
ENACTING IN LIEU THEREOF A NEW SECTION 8-8, AS IT RELATES TO FILLING VACANCIES
IN OFFICE; 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.
Mayor Kelly said a special
meeting had to be held to appoint the Alderman for Ward I. Bill No. 5204
changes that. It will change it from “shall call a special meeting” to “may
call a special meeting”, meaning that the mayor has the option of doing it. He
would prefer just doing it at a regular board of aldermen meeting.
Alderman Wynn said it is better
to make all appointments at a regular meeting where more people attend and more
people are aware rather than have a special meeting where people may not find
out about it.
Motion was made by
Alderman Leahy, second by Alderman Golfin to approve and adopt Bill No. 5204.
Roll call: Alderman Cross, yes; Alderman Wynn, yes; Alderman Robertson, yes; Alderwoman
Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman Marshall, yes;
Alderman Moreno, yes.
The Mayor thereupon declared Bill
No. 5204 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3907.
Resolution No. 897 – Permission to sell beer and
wine at Brentwood Park
Mayor Kelly said it is against
Brentwood Code to have liquor on City property unless permission is given.
This resolution grants permission to sell/serve liquor at the Brentwood Days
Festival.
Motion was made
Alderman Wynn, second by Alderman Leahy to approve Resolution No. 897. Roll
call: Alderman Cross, yes; Alderman Wynn, no; Alderman Robertson, yes;
Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman
Marshall, yes; Alderman Moreno, yes.
Resolution No. 898 – Amending Resolution No. 895
Mayor Kelly stated that
Resolution No. 898 is an amendment to Resolution No. 895, which was approved at
the last meeting with respect to the Manchester Road TDD. Maplewood had to
adjust their boundaries at their last meeting, which caused Brentwood to have
to amend its resolution to take into account those changes.
Motion was made by
Alderman Wynn, second by Alderman Robertson to adopt Resolution No. 898. Roll
call: Alderman Cross, yes; Alderman Wynn, yes; Alderman Robertson, yes;
Alderwoman Mehler, yes; Alderman Golfin, yes; Alderman Leahy, yes; Alderman
Marshall, yes; Alderman Moreno, yes.
ACCOUNTS AGAINST THE CITY
Motion was made by Alderman
Marshall, second by Alderman Leahy to approve the warrant list as delivered.
All in favor none opposed.
REPORTS OF COMMITTEES AND
DEPARTMENT HEADS:
Mayor’s Report
Coffee with the Mayor
Mayor Kelly said he would be
holding a meeting the last Friday of every month at 9:00 a.m. at City Hall to
allow residents to discuss any issues or concerns. The first meeting will be
held on October 31.
Brentwood Days Festival
Mayor Kelly reminded everyone
that Brentwood Days Festival is this weekend. It is a great opportunity and
one of the best community events in St. Louis County and look forward to seeing
everyone there.
Golf Galaxy Signage
Mayor Kelly said he has been in
contact with Sansone and DDR with reference to the sign for Golf Galaxy. They
met with representatives from Sansone who represents DDR here in St. Louis.
DDR is the holding company that owns the complex of the Promenade. In the
letter they stated that they would not put an additional sign out for Golf
Galaxy.
Hanley Road Corridor
Mayor Kelly said they have had
some productive meetings about the Hanley Road corridor and continue to work on
it. They are coming up with their concepts for Hanley Road.
Ballot Issues
Mayor Kelly said he is scheduling
a meeting on October 9th at 7:00 p.m. to meet with residents of Wards
2 and 3 to talk about the TDD that will be on the ballot next April. The
residents in Ward 2 will be voting on a TDD for the Strassner Road extension.
The residents of Ward 3 will be voting on a TDD that would be used to collect
sales tax revenue from those businesses along that corridor to make
improvements to Manchester Road.
Public Safety Committee
– No report
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
Liquor License Request – Sports Attic –
8212 Manchester Road
Excise Commissioner
Clements came before the Board and said there is an ownership change on one of
the liquor licenses. Ruby’s Brentwood Inn has been sold. The new owner is Joe
M. Kelly and the name of the establishment will be Sports Attic. Everything is
in order and he recommend approval.
Motion was made by
Alderman Leahy, second by Alderman Marshall to approve the liquor license for
Sports Attic located at 8212 Manchester Road. Roll call: Alderman Cross, yes;
Alderman Wynn, yes; Alderman Robertson, yes; Alderwoman Mehler, yes; Alderman
Golfin, yes; Alderman Leahy, yes; Alderman Marshall, yes; Alderman Moreno, yes.
Library
Alderman Wynn said the grand
opening for the Brentwood Library is Saturday, November 1st.
Municipal League
Alderman Golfin said he attended
the MML Conference in Kansas City. There were some very interesting programs
there. He will have a full report for the Board.
Waste Management Commission
A Waste Management Commission
meeting will be held on Monday, September 22nd at 7:00 p.m.
Stormwater Management
A Stormwater Management meeting
will be held on Wednesday, September 24th at 7:00 p.m.
Communication – No
further report
Insurance Committee
– No report
UNFINISHED BUSINESS - None
NEW BUSINESS
Water Main Break
Alderman Leahy said on August 28th
at 12:35 p.m. there was a water main break on Manderly. The water main that
broke was on a private resident’s driveway. The water ran down the driveway
into the house and was flooding out the house just south of him. Neighbors
called the Brentwood Fire Department. With their help they got the Public
Works Department in and redirected the flooding water until County Water could
get in to shut off the valve. This reduced the amount of damage and
inconvenience to the two residents. He complimented the Public Works
Department for quickly taking care of the problem.
Informational Meeting
Ward 3 is having its residential
informational meeting on Tuesday, September 23rd, at 7:00 p.m.
Resignation
Alderwoman Mehler said she would
be resigning at the end of September. She thanked everyone for all the help
and kindness they have shown her. She said Brentwood has a great mayor and
people should support him and things the Board does. It is the Board’s
responsibility to listen to the residents but it is not their responsibility to
do what a minority of the people wants them to do. It is their responsibility
to do what is best for the entire City of Brentwood.
Mayor Kelly presented a plaque to
Alderwoman Mehler for her years of service. Alderwoman Mehler has always had
Brentwood as the first concern and always worked to make Brentwood a better
place. It was a pleasure to have worked with her.
Recess
The meeting was recessed at 8:40
p.m. for an executive session/legal matter.
Executive Session
Motion was made by Alderman Wynn,
second by Alderman Leahy to enter into an executive session/legal matter at
8:55 p.m. All in favor none opposed.
After discussion on a legal
matter, motion was made by Alderman Marshall, second by Alderman Wynn to return
to open session at 9:18 p.m. All in favor none opposed.
ADJOURNMENT
Motion was made by Alderman
Marshall, second by Alderman Wynn to adjourn the meeting at 9:19 p.m. All in
favor none opposed.
Pat
Kelly, Mayor
Attest:
Chris Seemayer