MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING
City Hall November 17, 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, Treasurer Reynders, Executive Secretary Williams
and Police Chief Knight.
Absent: None.
Presentation – O.B. Clarks
Police Chief Knight came before
the Board and stated that O.B.Clarks raised $11,000 at a charity golf
tournament benefiting the Brentwood Police Department. The $11,000 will
provide bulletproof vests for the officers. O.B. Clarks Restaurant has been a
part of the community for many years. If it were not for their efforts the
department would not have been able to purchase the vests. He does not know of
a finer contribution than something like this.
Chief Knight introduced Ed
O’Brien, Joe O’Brien and Jimmy O’Brien as they came before the Board. He
presented a plaque to Ed, Joe and Jimmy O’Brien in recognition of their
outstanding efforts and contribution to the Brentwood Police Department.
Jimmy O’Brien stated that O.B.
Clarks has been in Brentwood for 25 years. They could not have made it if it
were not for the support of the Brentwood residents. They were honored to help
the Brentwood police officers. He thanked Mayor Kelly, Alderman Kramer, Chuck
Sanders, Steve Potter, Steve Holmes, Tom Schwartz, Don Musick, Pat Blassie,
David Dobbs, Kinko’s, Craig West, West Community Credit Union, Joe Droege, The
Private Bank and Mark Kurtz for their support of the police fund. They are
glad to be in Brentwood and to give something back to the community that has
given so much to them.
CONSIDERATION AND APPROVAL
OF THE AGENDA OF THE REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 17, 2003
Motion was made by Alderman Wynn,
second by Alderman Robertson to approve and adopt the Agenda of the Regular
Board of Aldermen meeting of November 17, 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 REGULAR BOARD OF ALDERMEN MEETING OF NOVEMBER 3, 2003
Correction
Alderman Leahy stated that the
motion recorded to amend and approve the Minutes of the October 20th
Board of Aldermen meeting should read, “Alderman Leahy” instead of “Alderman
Golfin”.
Motion was made Alderman Golfin,
second by Alderman Cross to approve and adopt the Minutes of the Regular Board
of Aldermen meeting of November 3, 2003 as amended. All in favor none opposed.
BIDS – None
HEARING OF ANY MATTER OF PUBLIC
INTEREST UPON REQUEST OF ANY PERSON PRESENT
Jim Fiete – 2201 Parkridge
Avenue came before the Board and stated that on November 11th 2001 he presented a concern with respect to the building codes of the
Parkridge Subdivision. At that time he made two simple requests. One was that
the officers of the Parkridge Subdivision be involved in the development
process, planning and construction phases of any homes being built in the
subdivision. And that the Parkridge Subdivision be maintained with respect to
its architectural integrity, at least until the City of Brentwood received the
report from the St. Louis University Brentwood Housing Study and can formulate
a master plan for the Brentwood community. On February 3rd 2003 he came before the Board with concerns about a tear down and replacing of a brick
ranch house with two frame construction buildings. Once again the builder
wished to replace with two frame houses where brick ranch style house was
situated. Luckily the deal never materialized and the brick ranch style home
is still occupied. A study group was formed shortly after the March 17th, 2003 Board of Alderman meeting. At this point nothing is being
done to provide continuity of the aesthetic quality and character of the
Parkridge Subdivision. The quality and character of the Parkridge Subdivision
are being destroyed.
Mayor Kelly responded that the
housing in Brentwood is an issue that the City is looking at. Mr. Fiete is
part of the committee the City formed to look at the housing. If someone were
not building to the subdivision’s indentures, it would be up to that active
subdivision to take them to court and get them to abide by those indentures.
The City cannot enforce the subdivision indentures.
Alderman Marshall asked Mr. Fiete
if the Parkridge Subdivision has an active board with active indentures.
Mr. Fiete stated that they have
active indentures and an active board. He has been president of the
association since 2001.
Mayor Kelly read a line from
Brentwood Zoning Code, Section 25-4 Interpretations. “This provision does not
require and shall not be interpreted to require the city to enforce private
deed restrictions”. The City legally cannot do that. It is the obligation of
that entity to enforce those indentures.
Alderman Marshall asked if it is
possible to contact the president of the Parkridge Subdivision when building
permits are applied for. He asked Mr. Fiete to supply Mr. Wolf with addresses
of the board members so they can be contacted.
Alderman Kramer stated that
before he was fortunate to become an alderman he was fortunate to be a
developer and had an opportunity to meet with the Parkridge Association, so he
was aware that there was one. What he did not know at the time and still does
not know now, is whether the City has a formal record of the subdivision
officers and copy of indentures.
Mayor Kelly requested City
Attorney Murphy give his legal opinion of whether the City can enforce private
indentures at the next meeting.
Kathy Jepson – 2328 Annalee
Avenue came before the Board and said she left the Ways and Means Committee
meeting last week with the understanding that the City was getting a bid based
on the City of Rock Hill dropping out of the solid waste agreement. If
Resolution No. 905 is put into effect, the City needs to look at the overhead.
Alderman Wynn said in the last
Pulse there was an article paid for by a group, which commented that the Board
of Aldermen unanimously voted for eminent domain. He voted against eminent
domain, so the article should not say unanimous.
INTRODUCTIONS, READINGS, AND
PASSAGE OF BILLS AND RESOLUTIONS
1st and 2nd
Readings of Bills
Motion was made by Alderman
Robertson, second by Alderman Marshall to give Bills No. 5211, 5212, 5213 and
5214 first and second readings. All in favor none opposed.
Bill No. 5211 – Fire Hydrant
City Attorney Murphy gave Bill
No. 5211, AN ORDINANCE PROVIDING FOR THE INSTALLATION OF ONE (1) ADDITIONAL
FIRE HYDRANT IN THE CITY OF BRENTWOOD, MISSOURI, its first and second readings.
Motion was made by Alderman Wynn,
second by Alderman Leahy to approve and adopt Bill No. 5211. 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. 5211 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3915.
Bill No. 5212 – Re-subdivision Plat and Site
Development Plan
City Attorney Murphy gave Bill
No. 5212, AN ORDINANCE GRANTING APPROVAL OF A RE-SUBDIVISION PLAT AND GRANTING
APPROVAL OF A SITE DEVELOPMENT PLAN FOR CONSTRUCTION OF A 1,300 SQUARE FOOT
ADDITION TO AN OFFICE/WAREHOUSE BUILDING AT PROPERTY NUMBERED 2780 MARY AVENUE
WHICH PERMITS UNDER THE PROVISIONS OF CHAPTER 25, SECTION 126 OF THE BRENTWOOD
CITY CODE THE DEVELOPMENT OF THAT SITE; PROVIDING THE CONDITIONS TO SUCH
DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, its first
and second readings.
Alderman Leahy stated that the
Planning and Zoning Commission had one issue to take up with N.B. West on
getting a benchmark correctly defined as to its elevations being in the
floodways, etc. He is assuming that because this ordinance is before the Board
and there is no issue with that correction that this is not in any way an issue
with floodways, etc.
Zoning Administrator Wolf stated
that was correct.
Motion was made by Alderman
Golfin, second by Alderman Kramer to approve and adopt Bill No. 5212. 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. 5212 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3916.
Bill No. 5213 – Re-subdivision of Property
City Attorney Murphy gave Bill
No. 5213, AN ORDINANCE APPROVING A PLAT FOR THE RE-SUBDIVISION OF PROPERTY
NUMBERED 8905 THROUGH 8925 RUSSELL AVENUE AND ESTABLISHING THE EFFECTIVE DATE
OF THIS ORDINANCE, its first and second readings.
Alderman Leahy stated that in the
first whereas of the bill, it is being determined automatically that the
creation of the five lots is all buildable. He asked that the wording be
changed to five residential lots. He is not assured that the City has
evaluated the ability to be buildable on all five lots.
Motion was made by Alderman
Leahy, second by Alderman Robertson to amend Bill No. 5213 by deleting the word
“buildable” from the first whereas of the bill. 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.
Motion was made by Alderman
Leahy, second by Alderman Robertson to approve and adopt Bill No. 5213 as
amended. 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. 5213 duly passed and signed same into approval thereof. Said Bill was
given Ordinance No. 3917.
Bill No. 5214 – Amending Chapter 5
City Attorney Murphy gave Bill
No. 5214, AN ORDINANCE AMENDING CHAPTER 5 OF THE REVISED CODE OF ORDINANCES OF
THE CITY OF BRENTWOOD, MISSOURI BY ADDING A NEW PARAGRAPH (f) TO SECTION 5-26,
RESTRAINT OF DOGS; 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 reading.
Alderman Wynn stated that Bill
No. 5214 was reviewed in the Ways and Means Committee meeting but he suggested
it be sent to Public Safety Committee for further review.
Alderman Kramer asked if the word
“unattended” could be inserted in subsection (f).
Alderman Marshall stated that
would be fine. The reason for the change is that he has received calls and
complaints about people restraining their dogs in front yards. The mail
carrier comes by, sees the dog, and neglects to deliver mail to the houses on
either side of the people that have the dog in their front yard because they
are afraid. Dogs belong in the back yard if they are unattended.
Alderman Kramer asked if there is
anything in Section 5-26 that addresses whether they could be on the porch,
patio, attached to the front of the house, etc.
City Administrator Seemayer
stated that there is nothing that addresses dogs on porches, patios, etc.
Alderman Leahy stated the intent
is to make sure that a dog in the front of a house is not a nuisance to the
point that services are interrupted or safety. If it is in a fenced area, he
does not think those residents should be penalized for having their dog in
their yard, but this ordinance does that.
Alderman Marshall stated that he
does not have a problem with sending the bill to the Public Safety Committee
for further review.
Resolution No. 904 – Ambulance User Fee Policy
Alderman Marshall stated that
currently non-residents are charged ambulance fees. This resolution would
change it to not just non-residents but residents as well. This is a built in
cost to the insurance companies.
Motion was made by Alderman
Golfin, second by Alderman Marshall to approve and adopt Resolution No. 904.
Alderman Moreno, yes; Alderman Marshall, yes; Alderman Leahy, no; Alderman
Golfin, yes; Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes;
Alderman Cross, yes.
Resolution No. 905 – Municipal Trash Department
City Administrator Seemayer
stated that one of the discussions at the Ways and Means Committee meeting was
the new firm coming into the St. Louis market. The City has not had the
opportunity to get a quote from them but Mr. Shelton was able to contact the
City of Manchester for their pricing. While their services are different from Brentwood’s,
they were able to convert those into per pickup figures. Theirs come out
slightly higher than Brentwood.
Mr. Seemayer stated that this was
the budget put together initially. Since the City would be reducing the plan
from the original larger department, the supervisor’s salary would be reduced.
Alderman Leahy asked if in
creating this trash department would it be under the Public Works Department or
a department by itself.
Mayor Kelly stated the goal is
for it to eventually be under Public Works.
Alderman Leahy asked if the term
“providing free trash” in the resolution is being used in the fact that the
trash service is paid for by the City out of general revenue versus being
charged individually to each of the residents. The residents only receive a
bill if they request additional service.
Mayor Kelly stated that was
correct.
Alderman Golfin asked if the cost
of garaging the trucks were included in the budget.
City Administrator Seemayer
stated that with the two vehicles proposed, they would be stored at the public
works facility. If the City were to go to the larger department, they have
talked to some area businesses about leasing space.
Motion was made by Alderman Wynn,
second by Alderman Cross to approve and adopt Resolution No. 905. Alderman
Moreno, yes; Alderman Marshall, yes; Alderman Leahy, yes; Alderman Golfin, yes;
Alderman Kramer, yes; Alderman Robertson, yes; Alderman Wynn, yes; Alderman
Cross, yes.
ACCOUNT AGAINST THE CITY
Motion was made by Alderman
Marshall, second by Alderman Golfin to approve the warrant list dated 11/17/03. All in favor none opposed.
REPORTS OF COMMITTEES AND
DEPARTMENT HEADS:
Mayor’s Report
Mayor Kelly thanked the veterans
and citizens who attended the Veterans’ Day Celebration. They had a great
turnout with a couple of good speakers. It was a great event.
Manchester Road TDD
Mayor Kelly stated there would be
a meeting on December 10th at the Warson Woods City Hall for elected
officials to ask questions with respect to the Manchester Road TDD.
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 further 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 – No
further report
Municipal League –
No report
Waste Management Commission
– No report
Storm Water Management
– No report
Communication – No
further report
UNFINISHED BUSINESS
8734 Suburban Tracks
Alderman Leahy asked if the
condemnation and eminent domain of the property at 8734 Suburban Tracks has
changed hands and has the filing taken place.
City Attorney Murphy said he is
waiting for a letter report.
Storm Water Projects
Alderman Golfin stated there is a
$50,000 funding provision in the budget for impeller grinder pumps for
residents that would like them. At the same time he would hope that they would
be able to budget in that storm water fund the $100,000 that it would take to
buy that property in the flood plain. It is more appropriately in the funding
for storm water than in the funding for parks.
Alderman Marshall stated that he
has said from the beginning that the property on Suburban Tracks was not a
parks property, but was suitable for use by the parks. It is a flooding issue
and it should go under storm water.
Mayor Kelly stated to put it in
the budget that way is not appropriate because you do not know that you are
going to be able to purchase that property. Once it takes place you could say
that it is a storm water type fund.
Mayor Kelly stated that he is
trying to schedule a meeting with MSD to get an update on their ability to
change their policy. They have $2 million allocated to put in the grinder pump
systems. The policy is written in a way that they cannot use the pumps on a street
where they have multiple problems. If they were able to do that the City would
be able to get a number of homes done.
Ward 3 Meeting
Ward 3 meeting will be held on
Tuesday, November 25th at 7:00 p.m.
NEW BUSINESS - None
ADJOURNMENT
Motion was made by Alderman Wynn,
second by Alderman Marshall to adjourn the meeting at 8:05 p.m. All in favor none opposed.
Pat
Kelly, Mayor
Attest:
Chris Seemayer, City Clerk