MINUTES OF THE REGULAR BOARD OF ALDERMEN
MEETING
City Hall
October 20, 2003
Council Chambers
7:00 p.m.
The Mayor led with the Pledge of Allegiance.
Present: Alderman Moreno, Alderman Marshall,
Alderman Leahy, Alderman Golfin, Alderman Kramer, Alderman Robertson, Alderman
Wynn, Alderman Cross.
City Attorney Murphy, City Clerk/Administrator Seemayer,
Zoning Administrator Wolf, Economic Development Director Shelton, Police Chief
Knight, Treasurer Reynders, Executive Secretary Williams.
Absent: None.
CONSIDERATION
AND APPROVAL OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF OCTOBER 20, 2003
Motion was made by
Alderman Leahy, second by Alderman Golfin to approve the Agenda of the Regular
Board of Aldermen Meeting of October 20, 2003 as amended by Resolution No.
902. Roll call: Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy,
yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman
Wynn, yes; Alderman Cross, yes.
Alderman Leahy stated
that Resolution No. 902 has been amended and distributed.
CONSIDERATION
AND APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF OCTOBER 6, 2003
Motion was made by Alderman
Robertson, second by Alderman Golfin to approve and adopt the Minutes of the
Regular Board of Aldermen meeting of October 6, 2003. Roll call: Alderman
Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes;
Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
CONSIDERATION
AND APPROVAL OF THE MINUTES OF THE SPECIAL BOARD OF ALDERMEN MEETING OF OCTOBER 14, 2003
Motion was made by
Alderman Leahy, second by Alderman Golfin to approve and adopt the Minutes of
the Special Board of Aldermen meeting of October 14, 2003. Roll call: Alderman Moreno; yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman
Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes;
Alderman Cross, yes.
Proclamation –
Chuck and Pat Stubbs
Motion was made by Alderman
Wynn, second by Alderman Leahy to approve the proclamation for Chuck and Pat
Stubbs on the occasion of their 50th Wedding Anniversary. All in
favor none opposed.
Recognition of
Police and City Personnel
Chief Knight came
before the Board and recognized Sergeant Walter Koehler, Officer Dan Retzlaff
and Officer Winferd Stevens for the way they handled a home invasion on Melvin
Avenue back in August. They were able to arrest the perpetrator without
incident, obtain warrants and a $50,000 bond was place on the individual.
He also recognized Bud
Schilling, I.T. Manager for the City of Brentwood whose office is located at
the Brentwood Police Department. About a year ago the City of Rock Hill
approached the City of Brentwood to see if the City would be interested in
taking over the communication section for Police, Fire and EMS and also to
house prisoners. All that was put into place this past September. He
recognized Mr. Schilling for his talent and ability to work with different individuals
and his timeless hours spent helping them with the transition.
HEARING OF ANY
MATTER OF PUBLIC INTEREST UPON REQUEST OF ANY PERSON PRESENT
Sam Longstreth –
6035 Lindell owner of Brentwood Plastics came before the Board and read a
letter into record concerning the subdivision of property at 8734 Suburban
Tracks. Letter is attached to the minutes.
Public Hearing –
7:15 p.m. – West Community Credit Union
Mayor Kelly announced
the public hearing for West Community Credit Union would now be heard at 7:15 p.m. The public hearing will not be closed this evening it will carry over to the
next meeting.
Glenn Pauley –
Director of Architectual Design for Altman Charter representing West Community
Credit Union in their petition to redevelop a piece of property at 8806
Harrison which is immediately to the west of their existing facility.
Presently on that site is a vacant dental building which was a residence at one
time. They are proposing to develop the property as a parking area for the
credit union. It will provide a 15 car parking area. They will be landscaping
around the north, south and west sides of that site, along with a landscape
area in the center of the parking area, which will be used for employee
parking. There will be one entrance cut provided into the site for both the
present facility and the new parking area. Part of the development will be an
addition of a drive-up ATM unit, which will be immediately adjacent and
attached to the existing drive-up lanes, as they presently exist. They are
also proposing on the north side of the existing parking area to reduce the
parking by five cars, so that there would be only five cars adjacent to the
door. The existing parking and the new parking would be fenced from the
adjacent residential area.
Mr. Pauley stated that
they have a variance for the drive-up ATM unit, which is adjacent to the
existing drive-up because the drive-up ATM would be going across the 50-foot
building setback line, a variance for the landscaping buffer between the new
parking area and the adjacent residence, which is owned by the credit union and
a variance for use of that property which is zoned residential as a parking
area. It will still remain residentially zoned.
Alderman Golfin asked
when were the variances granted.
Mr. Pauley replied
July 24th.
Mayor Kelly stated
that the variances that were sought came about from a letter that was sent to
him, which he forwarded to the credit union, requesting that they do not rezone
the parking lot to commercial. Also that the City give them a variance to
reduce the 25-foot setback between residential and commercially owned property.
In the original plan the credit union wanted to take down the house directly to
the west, which they own. It is a 40-foot wide lot. Twenty-five foot of that
property would have been used as green space requirement in order to meet City
codes. At the request of the residents, the credit union shrunk the size of
their parking lot, and received a variance in order to eliminate that green
space. The residents wanted them to sell that house to a family. The credit
union representatives felt that if they were eliminating their setback
requirement, it was in their best interest to keep the property and rent it
out.
David Walter – 2328
Annalee came before the Board and stated that he had objected to the plan
from the beginning and he is now withdrawing that objection based on a meeting
he had with Mayor Kelly last Friday. The Mayor was sympathetic and
understanding to what they were doing. He is not happy with the way things
happened but they have gotten close to a give and take on the issue.
Mr. Walter also stated
that he distributed a petition to the Mayor and Board regarding the eminent
domain issue on the agenda tonight. Their citizen group met and sixteen people
out of the twenty-four present signed a petition against the issue. He asked
the Board to table the issue until they can get some more information.
Mr. Walter read a
letter into record from his wife Kathy Jepson regarding Resolution No. 903.
The letter stated that Resolution No. 903 is regarding the City’s intent to
issue $1,000,000 for Certificates of Participation. As stated in the
Resolution these are to be used to repay the City for expenses it incurs
replacing the current commercial trash hauler with a City run program. From
the report that was submitted by City Administrator Seemayer, it was very clear
that all of the costs for the trash program was to be $402,000 and that the
City would see slightly more than $40,000 saving in 2004. Thereafter the City
was to experience yearly savings in the amount of $100,000. It was stated in
the Ways and Means Committee meeting that the additional $600,000 was to be
used for adding on to and remodeling the City’s fire station. Resolution No.
903 does not address the fire station. It just states that the City is seeking
$1,000,000 in COP’s for the trash. She requested that the resolution be
withdrawn and corrected. If part of the funds is going to be spent on the new
fire station then the resolution needs to state that.
Andy Truss – 2825
Brazeau came before the Board and asked why is Bill No. 5168 on hold this
evening.
Mayor Kelly said the
Board has to decide to take it off hold.
Karen Smith – 8930
Harrison came before the Board and thanked the Aldermen for meeting with
the Storm Water Committee. As a result of those meetings, the storm water
projects are being looked at by the Ways and Means and Public Works
Committees. The Task Force position is to see half of the ½ cent sales tax
going towards sewers. They would like to see some project coordination.
Ms. Smith stated that
she is also opposed to the City using eminent domain to take private property.
INTRODUCTIONS, READINGS,
AND PASSAGE OF BILLS AND RESOLUTIONS
Bill No. 5168 –
Re-subdivision of Property
Mayor Kelly gave a
brief summary of the re-subdivision of property at 8734 Suburban Tracks and
stated that the City does not want to use eminent domain but at this point in
order to negotiate and try to purchase the property it has to start eminent
domain proceedings. The City has the option at any time during that process to
back out.
Alderman Golfin stated
that he voted positively on the City acquiring the property. He voted for it
because it is in a flood plain area and you should not build on a flood plain.
That is their primary storm water control. The best thing to do with land that
is in a flood plain is to take it out of any possibility of further building
use or changing it to an impervious surface. There is a perception that the
City has used eminent domain extensively and some times grossly. With all the
development and redevelopment done in Brentwood, there are very few instances
where the City has used eminent domain. To the good of the general community,
he would certainly support the use of eminent domain.
Alderman Leahy stated
that Bill No. 5168 was modified for the Public Works Committee with the
attorney present. A revised copy of that bill has not been distributed to the
Board. It is premature for the Board to vote on something that has yet to be
completed in its final form. He asked staff to make that document available
for review. He requested the bill remain on hold until it can be provided.
Since Bill No. 5168 was already on hold, no action was
necessary.
1st and 2nd Readings
of Bills
Motion was made by Alderman Robertson, second by Alderman
Kramer to give Bills No. 5206, 5207, 5208 and 5209 first and second readings.
All in favor none opposed.
Bill No. 5206 – Street Name Change
City Attorney Murphy gave Bill No. 5206, AN ORDINANCE
CHANGING THE NAME OF WITHROW AVENUE TO BRENTWOOD PROMENADE COURT; AMENDING
CHAPTER 14 “MOTOR VEHICLES AND TRAFFIC”, SECTIONS 1002, 1013, 1015 AND 1030;
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 Alderman Golfin, second by Alderman
Cross to approve and adopt Bill No. 5206. Roll call: Alderman Moreno, yes; Alderman
Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer,
yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill No. 5206 duly passed
and signed same into approval thereof. Said Bill was given Ordinance No. 3909.
Bill No. 5207 – Parking for the Physically Disabled
City Attorney Murphy gave Bill No. 5207, AN ORDINANCE
AMENDING CHAPTER 14 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BRENTWOOD,
MISSOURI BY DELETING SECTION 14-287 (d) AND (g) IN THEIR ENTIRETY AND ENACTING
IN LIEU THEREOF A NEW SECTION 14-287 (d) AND (g); AND DELETING SECTION 14-1004,
SCHEDULE D; AS IT RELATES TO PARKING FOR THE PHYSICALLY DISABLED; 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.
City Administrator Seemayer stated that the bill changes
the way handicapped parking spaces are designated from ordinance to administrative
staff.
Motion was made by Alderman Marshall, second by Alderman
Cross to approve and adopt Bill No. 5207. Roll call: Alderman Moreno, yes; Alderman
Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer,
yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman Cross, yes.
The Mayor thereupon declared Bill No. 5207 duly passed
and signed same into approval thereof. Said Bill was given Ordinance No.
3910.
Bill No. 5208 - Firearms in City Buildings
City Attorney Murphy gave Bill No. 5208, AN ORDINANCE
AMENDING CHAPTER 13, ARTICLE VIII OF THE REVISED CODE OF ORDINANCES OF THE CITY
OF BRENTWOOD, MISSOURI BY ADDING A NEW SECTION 13-176.1 (a), (b), (c), (d), (e)
AND (f), AS IT RELATES TO FIREARMS IN CITY BUILDINGS; 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 stated that the bill would restrict firearms
in City buildings.
Motion was made by Alderman Golfin, second by Alderman
Marshall to approve and adopt Bill No. 5208. Roll call: Alderman Moreno,
yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes;
Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
The Mayor thereupon declared Bill No. 5208 duly passed
and signed same into approval thereof. Said Bill was given Ordinance No. 3911.
Bill No. 5209 – Initiation of Condemnation Proceedings
City Attorney Murphy gave Bill No. 5209, AN ORDINANCE
AUTHORIZING THE INITIATION OF CONDEMNATION PROCEEDINGS IN CONNECTION WITH THE
PROPERTY LOCATED AT 8734 SUBURBAN TRACKS STREET (LOT 2) IN BRENTWOOD MISSOURI;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first and second
readings.
Alderman Leahy stated that the bill does not specifically
define the property lines. It is his understanding that the property lines of
record would interfere with the parking spaces on the east side of the
Brentwood Plastics parking lot at present. He would like to see if the City
could do something to define the property subdivide to not take those spaces
and not adversely affect Brentwood Plastics operations. Since this bill is
vague in that intent, he would like to modify the bill to incorporate moving
those lines to accomplish the task. He does not know if that could be done
because of the legal descriptions of properties.
City Attorney Murphy stated that they would have a legal
description in the petition for condemnation at the time it is filed if the
City cannot negotiate to purchase the property.
Alderman Kramer asked if the re-subdivision has to be in
place before the bill can be entertained.
City Attorney Murphy stated that you could have a partial
taking or a whole taking. It is a question of who owns the property.
Motion was made by Alderman Cross, second by Alderman
Marshall to approve and adopt Bill No. 5209, contingent that eminent domain is
the last resort. Roll call: Alderman Moreno, yes; Alderman Marshall, yes;
Alderman Leahy, yes; Alderman Golfin, yes; Alderman Kramer, yes; Alderman
Robertson, yes; Alderman Wynn, no; Alderman Cross, yes.
The Mayor thereupon declared Bill No. 5209 duly passed
and signed same into approval thereof. Said Bill was given Ordinance No. 3912.
Resolution No. 902 – Provide for General Municipal
Election
Resolution No. 902 is to provide for a general municipal
election to be held on April 6, 2004.
Motion was made by Alderman Leahy, second by Alderman
Robertson to approve Resolution No. 902 as amended. All in favor none
opposed.
Resolution No. 903 – Intent to Reimburse
City Administrator Seemayer stated that amount for the
trash program will be for the purchase of the trucks and that was approximately
$400,000. That is the amount that will be used from COP’s over a five-year
period to pay for the trucks. The remaining amount would be used if necessary
for the completion of the expansion of the fire department. The City does have
some funds on hand for that. If the City spends any monies prior to the
issuance of a COP the City would reimburse itself for the trash portion only.
The reason they are not concerned about reimbursement for the fire station
portion is there would be no way they would spend any money prior to issuing COP’s
for the fire department. The City has money earmarked for that project.
Mayor Kelly stated that if the City of Rock Hill does not
go through with the agreement, the City could proceed in doing its own trash.
The City would only purchase two trucks. If the City only needed two trucks,
that is all the COP’s that would be issued to purchase those trucks and the
dollar amount would be reduced.
Motion was made by Alderman Cross, second by Alderman
Marshall to approve Resolution No. 903. All in favor none opposed.
ACCOUNTS AGAINST THE CITY
Motion was made by Alderman Marshall, second by Alderman
Wynn to approve and adopt the warrant list dated October 20, 2003. All in favor none opposed.
REPORTS OF COMMITTEES AND DEPARTMENT HEADS:
Mayor’s Report
Executive Session
Mayor Kelly announced that the Executive Session
scheduled for tonight would not be held.
Committee Appointments
Mayor Kelly stated that some members on the Library Board
needed to be reappointed and the resident that was appointed to the Planning
and Zoning Commission could not serve because he did not qualify under the
residency requirement, so someone else had to be appointed.
Motion was made by Alderman Leahy, second by Alderman
Marshall to approve the committee appointments. All in favor none opposed.
Veteran’s Day
Mayor Kelly stated that a Veteran’s Day gathering would
be held on Tuesday, November 11th at 6:30 p.m. in the Council
Chambers.
Coffee with the Mayor
Coffee with the Mayor will be held on Friday, October 31, 2003 at 9:00 a.m. to allow residents to voice their concerns,
questions, and etc., to the Mayor in an informal setting.
Public Safety Committee – No report
Public Works Committee
A Public Works Committee meeting will be held on Wednesday, November 5, 2003 at 4:00 p.m.
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 further report
Director of Economic Development
Best Buy would be opening on Friday, October 24, 2003.
Excise Commissioner – No report
Library
The library is opened but will be having a grand opening
celebration on Saturday, November 1, 2003.
Municipal League – No report
Waste Management Commission – No report
Storm Water Management – No report
Communication – No further report
Insurance – No report
UNFINISHED BUSINESS - None
NEW BUSINESS
Ward 3 meeting would be held on Tuesday, October 28, 2003 at 7:00 p.m. Council Chambers.
ADJOURNMENT
Motion was made by Alderman Robertson, second by Alderman
Leahy to adjourn the meeting at 8:26 p.m. All in favor none opposed.
Pat
Kelly, Mayor
Attest:
Chris Seemayer, City Clerk