Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF MONDAY, SEPTEMBER 21, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING THE 2015 TAX LEVY Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:03 p.m. Roll call showed those present were Alderman Stevens, Alderman Hamill, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. Alderman Ottenad and Alderman Clement were absent. A quorum was present. The following notice of the public hearing was then read: “The Board of Aldermen of the City of Manchester will hold a public hearing at 7:00 p.m. on September 8, 2015 at Manchester Police Headquarters, 200 Highlands Boulevard, at which time citizens may comment on the proposed 2015 Property Tax Levy for the City’s General Operating Fund and Debt Service Fund. Specific discussion will be held regarding the current year rate ceiling and voluntary rate reduction.” Mayor Willson advised that first the proponents would speak, then the opponents, and comments from the public, followed by questions from the members of the Board of Aldermen or the City staff. Director of Finance Dave Tuberty reviewed the City’s assessed valuation and rates for the General Operating Fund and the Debt Service Fund. There were no opponents, no comments from the public, and no questions from the Board of Aldermen or City Staff. Mayor Willson closed the public hearing at 7:08 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Public Hearing held September 21, 2015 regarding the 2015 Property Tax Levy, (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing: 2015 Property Tax Levy 09-21-2015 Page 1  MINUTES OF THE PUBLIC HEARING OF MONDAY, SEPTEMBER 21, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A REQUEST FOR A SPECIAL USE PERMIT TO OPERATE A PACKAGE LIQUOR RETAIL STORE AT 701 BIG BEND ROAD Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:08 p.m. Roll call showed those present were Alderman Stevens, Alderman Hamill, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. Alderman Ottenad and Alderman Clement were absent. A quorum was present. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen will hold a public hearing on Monday, September 21, 2015 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: A request for a Special Use Permit has been made by Rani, LLC dba Discount Liquors to operate a package liquor retail store at 701 Big Bend Road. The property is zoned C-2 Commercial District.” Mayor Willson advised that first the proponents would speak, then the opponents, and comments from the public, followed by questions from the members of the Board of Aldermen or the City staff. Mayor Willson asked if there were any proponents here to speak on behalf of Discount Liquors. There were no representatives to speak as proponents on behalf of Discount Liquors. City Attorney Gunn stated this is a gentleman that is seeking a special use permit for a liquor store and he has a current operation in the City, and when he opened that business he didn’t acquire a Special Use Permit because it was in St. Louis County at the time. Now, that he is relocating the business within the same complex he does require a Special Use Permit. Unfortunately, he is obviously not at the meeting. Mayor Willson continued this Public Hearing to the October 5, 2015 meeting. Public Hearing: Special Use Permit – Discount Liquors 09-21-2015 Page 1  Mayor Willson closed the public hearing at 7:11 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Public Hearing held September 21, 2015 regarding the a request for a special use permit to operate a package liquor retail store at 701 Big Bend road (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing: Special Use Permit – Discount Liquors 09-21-2015 Page 2  MINUTES OF THE PUBLIC HEARING OF MONDAY, SEPTEMBER 21, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A REQUEST FOR SPECIAL USE PERMITS BY A & R MANCHESTER, LLC, D/B/A ACADEMY SPORTS, TO ENGAGE IN YEAR-ROUND OUTDOOR STOREFRONT STORAGE AND SALE OF MERCHANDISE, INCLUDING PORTABLE PROPANE TANKS AT 14244-14264 MANCHESTER ROAD. Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:11 p.m. Roll call showed those present were Alderman Stevens, Alderman Hamill, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. Alderman Ottenad and Alderman Clement were absent. A quorum was present. The following notices of the public hearing were then read: “The City of Manchester Board of Aldermen will hold a public hearing on Monday, September 21, 2015 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: A request for a Special Use Permit has been made by A & R Manchester, LLC, d/b/a Academy Sports, to engage in year-round outdoor storage and sale of portable propane tanks at 14244-14264 Manchester Road. The property is zoned C-1 Commercial District. A request for a Special Use Permit has been made by A & R Manchester, LLC, d/b/a Academy Sports, to engage in year- round outdoor storefront storage and sale of materials, equipment, goods, supplies and/or merchandise at 14244-14264 Manchester Road. The property is zoned C-1 Commercial District. A request for a Special Use Permit has been made by A & R Manchester, LLC, d/b/a Academy Sports, to have four outdoor displays per calendar year of materials, equipment, goods, supplies and/or merchandise at 14244-14264 Manchester Road. The property is zoned C-1 Commercial District.” Public Hearing: Special Use Permit – A & R Manchester 09-21-2015 Page 1  Mayor Willson advised that first the proponents would speak, then the opponents, and comments from the public, followed by questions from the members of the Board of Aldermen or the City staff. Mr. Stephen L Kling, Jr. an attorney with Jenkins & Kling, P.C., 150 N. Meramec, Clayton, Missouri, representing the applicant, A & R Manchester LLC. All these requests relate to A & R’s property at 14244 – 14264 Manchester Road. He stated that part of this property has been vacant and all these requests relate to a proposed Academy Sports Center on part of the property. Mr. Kling stated that Mr. George Stock, Stock & Associates Consulting Engineers would be speaking about the Special Use Permit Requests, and also Mr. John Keenan from Academy Sports was in attendance to answer any questions. Mr. George Stock, Stock & Associates Consulting Engineers, stated he is part of a development team; he discussed the three different Special Use Permits, as noted, and the site plan for part of Milan Plaza. There were no opponents, no comments from the public, and no questions from the Board of Aldermen or City Staff. Mayor Willson stated that these three Public Hearings will be left open until the October 5, 2015 meeting. The Public Hearing was closed at 7:20 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Public Hearing held September 21, 2015 regarding the requests for Special Use Permits for A&R Manchester, LLC, d/b/a Academy Sports at 14244-14264 Manchester Road. (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing: Special Use Permit – A & R Manchester 09-21-2015 Page 2  MINUTES OF THE PUBLIC HEARING OF MONDAY, SEPTEMBER 21, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A TEXT AMENDMENT PROPOSED TO SECTIONS 405.290 OF THE CITY’S ZONING CODE TO MODIFY THE REGULATIONS RELATIVE TO OFF-STREET PARKING Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:20 p.m. Roll call showed those present were Alderman Stevens, Alderman Hamill, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. Alderman Ottenad and Alderman Clement were absent. A quorum was present. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen will hold a public hearing on Monday, September 21, 2015 at the Manchester Police Facility, 200 Highlands Boulevard, to consider the following: A text amendment is proposed to Sections 405.290 of the City’s Zoning Code to modify the regulations relative to the off-street parking requirements for mixed uses in the City of Manchester.” Mayor Willson advised that first the proponents would speak, then the opponents, and comments from the public, followed by questions from the members of the Board of Aldermen or the City staff. City Attorney Gunn stated he would speak for the proponents. He said this item is staff generated. Currently the City has an off-street parking requirement in the commercial areas of five spaces per 1,000 square feet of retail space. City Attorney Gunn advised that for some time the staff has felt that is a bit high because they have noticed very many empty parking spots for very large portions of the year. He continued to say that as part of the process, the staff analyzed and considered the parking requirements for many of the neighboring cities and determined that for a very large part those parking requirements were four parking spots per 1,000 square feet of retail. Furthermore, St. Louis County recently Public Hearing: Text Amendment – Off-Street Parking 09-21-2015 Page 1 adopted a change to their zoning regulations for a reduction in their parking space requirements from five spaces per 1000 to four spaces per 1000 parking spaces, so that was further impetus to consider the change within the City of Manchester. City Attorney Gunn stated that this should reduce unnecessary parking spaces, which means a lot of asphalt or concrete and water runoff which is environmentally unfriendly if there are spaces that are not used. He said that staff believe the change in this text amendment will be enough to satisfy the needs of retail businesses and residents and visitors to the City, although there will be days it will be crowded, such as the day after Thanksgiving. Staff has recommended this text amendment be approved by the Board. City Administrator Andy Hixson stated the Planning and Zoning Commission recommended approval of this text amendment unanimously. Mayor Willson closed the public hearing at 7:29 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Public Hearing held September 21, 2015 regarding a text amendment proposed to Section 405.290 of the City’s Zoning Code to modify the regulations relative to the off-street parking. (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing: Text Amendment – Off-Street Parking 09-21-2015 Page 2  MINUTES OF THE PUBLIC HEARING OF MONDAY, SEPTEMBER 21, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A TEXT AMENDMENT PROPOSED TO SECTION 405.340 OF THE CITY’S ZONING CODE TO MODIFY THE REGULATIONS RELATIVE TO THE REQUIREMENTS FOR BUSINESS SIGNS ATTACHED TO BUILDINGS Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:29 p.m. Roll call showed those present were Alderman Stevens, Alderman Hamill, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. Alderman Ottenad and Alderman Clement were absent. A quorum was present. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen will hold a public hearing on September 21, 2015 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: A text amendment is proposed to section 405.340 of the City’s zoning code to modify the regulations relative to the requirements for business signs attached to buildings in the City of Manchester.” Mayor Willson advised that first the proponents would speak, then the opponents, and comments from the public, followed by questions from the members of the Board of Aldermen or the City staff. City Attorney Gunn spoke as a proponent, stating that this proposed amendment is staff generated. He stated that the City has known for some time that we have a number of businesses which are a considerable distance from Manchester Road and because of that distance, the visibility of those businesses has been significantly hindered. City Attorney Gunn stated that as part of an analysis of the general terms of the City sign regulations, the staff determined it appropriate to focus on those regulations as they affected wall signs for businesses that were a certain distance from Manchester Road. What this text amendment Public Hearing: Text Amendment – Business Signs attached to Buildings 09-21-2015 Page 1 provides is for certain businesses that meet a rather specific criteria, their signs can be a bit larger than signs for businesses that are much closer to or front onto Manchester Road. This would involve businesses that have at least 100,000 square feet of building floor area, the majority of the building frontage facing Manchester Road, and all buildings in the development being more than 400 linear feet from Manchester Road. He said the main motivation at the outset was traffic circulation, and it was determined that a reasonable way to approach that would be to consider a slightly larger sign for those businesses, rather than if the business was closer to Manchester Road. City Attorney Gunn stated this proposed change would increase the signage from 5% to 8% of wall area. This would make those businesses more visible, it would be better for business, help traffic flow, and not be a disadvantage of a business closer to Manchester Road. City Administrator Andy Hixson stated the Planning and Zoning Commission recommended approval of this text amendment unanimously. Mayor Willson closed the public hearing at 7:36 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Public Hearing held September 21, 2015 regarding a text amendment proposed to section 405.340 of the City’s zoning code to modify the regulations relative to the requirements for business signs attached to buildings (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing: Text Amendment – Business Signs attached to Buildings 09-21-2015 Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, SEPTEMBER 21, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor David L. Willson called the Regular Board of Aldermen meeting to order at 7:36 p.m. 2. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Stevens, Alderman Hamill, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. Alderman Ottenad and Alderman Clement were absent. A quorum was present. 3. APPROVAL OF THE MINUTES a. Minutes of the September 8, 2015 Public Hearing regarding the 2015 Property Tax Levy Alderman Hamill made the motion to approve the Minutes of the September 8, 2015 Public Hearing regarding the 2015 Property Tax Levy. The motion was seconded by Alderman Baumann and carried unanimously, without objection. b. Minutes of the September 8, 2015 Regular Board of Aldermen meeting Alderman Hamill made the motion to approve the Minutes of the September 8, 2015 Regular Board of Aldermen meeting. The motion was seconded by Alderman Stevens and carried unanimously, without objection. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Alderman Diehl stated 10 (a) would need to be postponed to the next meeting, along with the emergency legislation that had been requested. Alderman Hamill made the motion to approve the Order of Items on the Agenda as amended. The motion was seconded by Alderman Baumann and carried unanimously without objection. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC Regular Board of Aldermen 09/21/2015 Page 1  a. New Liquor License for Discount Liquors, pending approval of item 10 (a) This item was postponed. b. Comments from the Public There were none. 6. REPORTS FROM THE MAYOR a. Mayoral Report Mayor Willson reported on September 11, he was a guest at Christ Prince of Peace, and they did a 9/11 ceremony. He said that on September 12, 13 and 14, he attended the annual Homecoming Festival. The Homecoming was very nice and he got many compliments about the parade. He wanted to thank the volunteers, because the City of Manchester could not do the event without the volunteers. Mayor Willson reported on September 14, he attended the Planning and Zoning meeting; on the 17 he attended the senior staff meeting; on the 18th he attended, along with City Administrator th Hixson, the Government Affairs meeting in Wildwood, and he and Alderman Diehl attended the Big Bend Woods Subdivision meeting. He said that at the Government Affairs meeting, the Missouri Department of Transportation (MoDOT) gave an update that the area of 141 and 64 should be finished by the end of the year, they are working on 141 and 44 on a regular basis, Manchester Road is pretty well finished, and they are designating prairie grass along 141. He said that MoDOT did advise that tax dollars received from gasoline has gone up because since the cost of gas is lower, so people are driving more. Mayor Willson recognized that City Administrator Hixson is now the President of the West County Rotary Club and Chairman-elect of the West County Chamber of Commerce. Mayor Willson stated that the next day, there will be a time capsule opening at Barretts School; the time capsule was buried 20 years ago. He stated that he and City Administrator Hixson would be attending. 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of September 6, 2015 – September 19, 2015) There were no questions. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission City Administrator Hixson stated there will be no meeting next week. He stated that Director of Planning and Zoning Erika Kennett will be starting October 1. b. Homecoming Committee Regular Board of Aldermen 09/21/2015 Page 2  There was no update. c. Manchester Arts Alderman Stevens wanted to make everyone aware of a new and unique event, Manchester Arts is sponsoring Manchester Arts Fest on Saturday, September 26 from noon to 6:00 p.m. at Schroeder Park. She said there will be all different kinds of artists; pottery, jewelry, painters and story tellers and poetry. There will be all different kinds of foods also. This event is for all age groups. 9. ACTION ON OLD BILLS a. BILL # 15-2232 - AN ORDINANCE ESTABLISHING THE 2015 PROPERTY TAX LEVY Alderman Hamill read for second time Bill # 15-2232, entitled: “AN ORDINANCE ESTABLISHING AND LEVYING THE RATE OF TAXATION UPON ALL REAL AND PERSONAL PROPERTY IN THE CITY OF MANCHESTER FOR CALENDAR YEAR 2015”, by title only. Alderman Hamill made the motion that Bill # 15-2232 become Ordinance # 15-2118. The motion was seconded by Alderman Baumann. A poll of the Board showed: Alderman Baumann – aye Alderman Ottenad – absent Alderman Clement – absent Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Mayor Willson announced the motion passed 4 – 0, with no objections, with two absentees. 10. INTRODUCTION OF NEW BILLS a. BILL APPROVING A SPECIAL USE PERMIT REQUEST FOR A PACKAGE LIQUOR STORE AT 701 BIG BEND This Bill was postponed. b. BILL APPROVING LOT CONSOLIDATION FOR 14244-14264 MANCHESTER ROAD Alderman Hamill introduced Bill #15-2234, entitled: “AN ORDINANCE APPROVING THE CONSOLIDATION OF TWO (2) PARCELS OF PROPERTY DESCRIBED IN EXHIBIT "1" ATTACHED HERETO AND COMMONLY KNOWN AS AND NUMBERED 14224-14264 MANCHESTER ROAD IN THE CITY OF MANCHESTER, MISSOURI”, by title only. Regular Board of Aldermen 09/21/2015 Page 3  No further action at this time. c. BILL APPROVING SPECIAL USE PERMIT FOR OUTSIDE PROPANE TANK STORAGE AT 14244-14264 MANCHESTER ROAD Alderman Hamill introduced Bill # 15-02235, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO ACADEMY, LTD., TO ENGAGE IN THE YEAR ROUND OUTDOOR STORAGE AND SALE OF PORTABLE PROPANE TANKS AT 14244-14264 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240(C)(25) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. No further action at this time. d. BILL APPROVING SPECIAL USE PERMIT FOR PERMANENT OUTSIDE DISPLAYS AT 14244-4264 MANCHESTER ROAD Alderman Stevens introduced Bill # 15-02236, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO ACADEMY, LTD., TO ENGAGE IN THE YEAR ROUND OUTSIDE STOREFRONT STORAGE AND SALE OF MATERIALS, EQUIPMENT, GOODS, SUPPLIES, AND/OR MERCHANDISE AT 14244-14264 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240(D)(1) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER” by title only. No further action at this time. e. BILL APPROVING SPECIAL USE PERMIT FOR FOUR SEASONAL DISPLAYS AND OUTSIDE RETAIL SALES AT 14244-14264 MANCHESTER ROAD Alderman Stevens introduced Bill # 15-02237, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO ACADEMY, LTD., TO ENGAGE IN THE YEAR ROUND OUTSIDE STOREFRONT STORAGE AND SALE OF MATERIALS, EQUIPMENT, GOODS, SUPPLIES, AND/OR MERCHANDISE AT 14244-14264 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240(D)(1) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER” by title only. No further action at this time. f. BILL APPROVING AN AMENDEMNT TO THE CODE MODIFYING REGULATIONS OF OFF-STREET PARKING Alderman Baumann introduced Bill # 15-2238, entitled: “AN ORDINANCE AMENDING SECTION 405.290 OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER REGULATING THE OFF-STREET PARKING REQUIREMENTS FOR MIXED USES IN THE CITY OF MANCHESTER,” by title only. No further action at this time. g. BILL APPROVING AN AMENDMENT TO THE CODE MODIFYING REQUIREMENTS FOR BUSINESS SIGNS ATTACHED TO BUSINESSES Regular Board of Aldermen 09/21/2015 Page 4  Alderman Baumann introduced Bill # 15–2239, entitled: “AN ORDINANCE AMENDING SECTION 405.340 OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER REGULATING THE REQUIREMENTS FOR BUSINESS SIGNS ATTACHED TO BUILDINGS IN THE CITY OF MANCHESTER,” by tile only. No further action at this time. h. BILL AMENDING THE CODE OF ORDINANCES REGARDING OUTDOOR SMOKERS Alderman Diehl introduced Bill # 15 – 2240, entitled: “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER, MISSOURI, BY ADDING A NEW SECTION 215.155 RELATING TO OUTDOOR COMMERCIAL COOKING,” by title only. No further action at this time. 11. MISCELLANEOUS a. Comments from the Public Mr. Vadim Adamov, 411 Glan Tai, stated he wanted to give public awareness of non- existent parking tickets and notices of parking violations coming out of the City of St. Louis. 12. ADJOURNMENT At 7:57 p.m., there being no further business, Alderman Hamill made the motion to adjourn. The motion was seconded by Alderman Baumann and carried unanimously, without objection. The meeting adjourned at 7:57 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Board of Aldermen meeting held Tuesday, September 21, 2015 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen 09/21/2015 Page 5