Board of Aldermen

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, MAY 2, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE (SESSION ONE) 1. CALL TO ORDER Mayor David L. Willson called the Regular Board of Aldermen Meeting, Session One, to order at 7:00 p.m. 2. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Clement, Alderman Stevens, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. A quorum was present. 3. APPROVAL OF THE MINUTES: a. Minutes of the Regular Board of Aldermen meeting of Monday, April 18, 2016 Alderman Clement made the motion to approve the Minutes of the Regular Board of Aldermen meeting of Monday, April 18, 2016. The motion was seconded by Alderman Hamill and carried unanimously, without objection. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Mayor Willson stated that 6(a), the Proclamation for National Police Week, has been postponed to May 16. Alderman Hamill made the motion to approve the Order of Items on the Agenda as amended. The motion was seconded by Alderman Clement and carried unanimously, without objection. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Comments from the Public Regular Board of Aldermen Meeting of May 2, 2016, Session One 1  Ms. Alison Hanners, a worker at Lafayette Industries, said she wanted to thank everyone for supporting Lafayette Industries workers and staff. She said they work very hard at their jobs, and that is why they love the art class, the holiday art concert, and art show. She wanted to thank the City for holding a trivia night and serving lunch and coming to their hotdog day. Mr. Rob Libera, 721 Cross Timbers Court, the Executive Director of Lafayette Industries which is located at 179 Gaywood, said that it is such a pleasure to operate this agency in the City of Manchester. They moved here in 1982 with about 40 people and a few staff, now there are 240 hard-working individuals and a staff of 30. He said what the City has done to support them constantly, not only in operation, but emotionally, spiritually and from a leadership standpoint, makes a difference in so many lives. He wanted to say “thank you”, and they are going to continue to grow and prosper, and maintain their status as the longest, largest full-time employer of adults with developmental disabilities in the State of Missouri. Ms. Nancy Venezia, 1721 Blakefield Terrace, said that Manchester is a great place to live and she wanted to express thanks for the services Manchester provides. She also wanted to invite everyone to the National Day of Prayer which is this Thursday, May 5, in front of the Police Station. She said this is the 65th annual call to prayer and has continued in history. It is from noon until 1:00 p.m. Mayor Willson stated that if the weather is inclement, the event will be moved inside. 6. REPORTS FROM THE MAYOR a. Proclamation: National Police Week This item was postponed to the May 16 Board of Aldermen meeting. b. Proclamation: Municipal Clerks’ Week Mayor Willson presented City Clerk Ruth Baker with a Proclamation for Municipal Clerks’ Week. c. Mayoral Report Mayor David L. Willson reported that on April 22, along with City Administrator Hixson, he went to Parkway Administration and met with the Superintendent and some of the administrators and discussed issues in Parkway. He said they are very appreciative of the City’s interaction with Parkway. Alderman Rich Baumann thanked a number of people for making the Trivia Night event a success, including St. Joseph’s Church, the Knights of Columbus, the Rotary Club, Grey Eagle, Rob and Alicia from Lafayette Industries, and the employees of Lafayette Industries who made the centerpieces for the tables. He said they had a 50/50 raffle that was done by the Old Trails Regular Board of Aldermen Meeting of May 2, 2016, Session One 2 Society, and they benefited with $190 profit from that. Alderman Baumann expressed thanks to all the businesses that sponsored each round and for their donations. Mayor Willson reported on April 25, he attended the Planning & Zoning meeting, on April 27, along with City Administrator Hixson and others, he went to St. Charles for the Prayer Breakfast; also that day he attended the Administrative Assistant’s luncheon at Joey B’s, and there was a very favorable response. Mayor Willson reported on the artist selection, he said it had to do with painting the four control boxes in Schroeder Park. They chose artists and designs. The boxes will be painted between May 15 and June 15. 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of April 15 – April 30, 2016) There were no questions. 8. REPORTS FROM COMMITTEES a. Homecoming Committee Alderman Ottenad stated the next meeting will be held on May 11 at 6:30 p.m. at the Legion Hall. She invited everyone to attend. This year will be the 30th anniversary, so they want to do something special, and that will be discussed at that meeting. b. Manchester Arts Alderman Stevens said that it is important that the employees of Lafayette Industries are there and enjoying the projects, but the Arts Council is having just as much fun as they are. She wanted to let the Board know that Manchester Arts received a letter from the parents of Lafayette Industries thanking them. Alderman Stevens stated that on June 6 at 12:30 p.m., Manchester Arts will be presenting the Opera Theatre of St. Louis “Little Lunch Music” at Manchester United Methodist Church. It was highly attended last year. Alderman Stevens stated the next art exhibit here is called “Global Cultures”, and it is from May 14 – July 4. The opening reception is May 13 from 6:00 p.m. to 8:00 p.m. She explained the “Global Cultures” exhibit. Alderman Clement said that the opening reception will be on Friday evening, May 13, and it will feature some ethnic food dishes. c. Planning and Zoning Commission Regular Board of Aldermen Meeting of May 2, 2016, Session One 3  Alderman Clement stated there was only one case, a site plan approval for new construction at 609 Sulphur Springs Road. 9. ACTION ON OLD BILLS a. AN ORDINANCE REGARDING THE MISSOURI CLEAN ENERGY DISTRICT City Attorney Patrick Gunn stated there is a series of definitions set forth in the Bill, and from the last Board meeting, there was some concern by the Board that the program might spawn some solicitations within the residential districts within the City. What they have done in order to address that is change the definition of “qualifying property” slightly to show that it means, by this definition, that “a qualifying property” does not include any residential property. Alderman Clement read Substitute Bill #16-2260, entitled: “AN ORDINANCE TO ENABLE THE CITY OF MANCHESTER, MISSOURI, TO JOIN SHOW ME PACE AND TO JOIN MISSOURI CLEAN ENERGY DISTRICT, PURSUANT TO SECTIONS §67.2800 TO §67.2835, RSMO, THE “PROPERTY ASSESSED CLEAN ENERGY ACT,” AND STATING THE TERMS UNDER WHICH THE CITY WILL CONDUCT ACTIVITIES AS A MEMBER OF SUCH DISTRICT”, by title only. Alderman Clement made the motion that Bill #16-2260 become Ordinance #16-2145. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement – aye Alderman Stevens – aye Alderman Hamill – aye Mayor Willson announced the motion passed 6 – 0, with no objections. b. AN ORDINANCE APPROVING AN AGREEMENT WITH AMEREN MISSOURI FOR LIGHTING OF PUBLIC PLACES AND OTHER ELECTRIC REQUIREMENTS OF THE CITY Alderman Baumann read for the second time Bill #16-2261, entitled: “AN ORDINANCE PROVIDING FOR THE LIGHTING BY ELECTRICITY OF THE STREETS, AVENUES, ALLEYS, AND OTHER PUBLIC PLACES IN THE CITY OF MANCHESTER, IN THE STATE OF MISSOURI, AND OTHER ELECTRIC SERVICE REQUIREMENTS OF THE Regular Board of Aldermen Meeting of May 2, 2016, Session One 4 CITY, BY CONTRACT, SETTING FORTH THE TERMS OF THE PROPOSED CONTRACT THEREFORE BETWEEN THE CITY AND UNION ELECTRIC COMPANY D/B/A AMEREN MISSOURI, ITS SUCCESSORS AND ASSIGNS, AND PERMITTING SAID COMPANY TO ERECT, OPERATE, AND MAINTAIN POLES, LINES, WIRES, CABLES, TRANSFORMERS, AND OTHER APPLIANCES IN THE STREETS AND ALL OTHER PUBLIC PLACES, NECESSARY FOR AND APPRECIATE TO THE PERFORMANCE OF SAID CONTRACT AS DESCRIBED HEREIN. Alderman Baumann made the motion that Bill #16-2261 become Ordinance #16-2146. The motion was seconded by Alderman Clement. A poll of the Board showed: Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement – aye Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Mayor Willson announced the motion passed 6 – 0, with no objections. 10. INTRODUCTION OF NEW BILLS a. RESOLUTION CERTIFYING RESULTS OF THE APRIL 5, 2016 GENERAL MUNICIPAL ELECTION Alderman Hamill read Proposed Resolution #16-0562, entitled: “A RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MANCHESTER, MISSOURI ON APRIL 5, 2016 FOR THE TWO BALLOT PROPOSITIONS AND FOR THE OFFICES OF MAYOR AND ALDERMAN FOR WARDS I, II, AND III. Alderman Hamill made the motion to approve Resolution #16-0562. The motion was seconded by Alderman Clement and carried unanimously, without objection. 11. MISCELLANEOUS a. Oaths of Office City Clerk Ruth Baker gave Oaths of Office to Mayor David Willson, Alderman Ward One Barbara Stevens, Alderman Ward Two Marilyn Ottenad, and Alderman Ward Three John Diehl. Regular Board of Aldermen Meeting of May 2, 2016, Session One 5  b. Comments from the Public There were no comments from the Public. Alderman Rich Baumann stated that his wife works at Kirkwood North Middle School, and four times a year, they go out and do in-service learning. He said that last Friday, his wife and a co-worker, along with 21 students, went to Lafayette Industries and worked for 2 ½ hours. The students had organized the games, puzzles, and supplies, and they had a great experience, as well. 12. MOTION TO END SESSION At 7:39 p.m., there being no further business, Alderman Clement made the motion to end session one. The motion was seconded by Alderman Hamill, and carried unanimously, without objection. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of Session One of the Regular Board of Aldermen meeting held Monday, May 2, 2016, (summary); not a verbatim transcript. If a recording of this session of the May 2, 2016 Regular Board meeting is desired, please contact City Hall. Regular Board of Aldermen Meeting of May 2, 2016, Session One 6  MINUTES OF THE PUBLIC HEARING OF MONDAY, MAY 2, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A TEXT AMENDMENT PROPOSAL TO INCLUDE A PROVISION FOR SCOREBOARDS IN RESIDENTIAL DISTRICTS IN THE CITY’S CODE Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:53 p.m. Roll call showed those present were Alderman Clement, Alderman Stevens, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. A quorum was present. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, May 2, at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #16-TXT-003 - A text amendment is proposed to Section 405.320 of the City of Manchester’s Zoning Code to include a provision for scoreboards in residential districts.” 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 Patrick Gunn stated that sometime ago the City was made aware of the fact that the zoning regulations did not recognize scoreboards as a separate category, but rather the only category that would be applicable would be general sign provisions, and the size of those signs are limited to 50 square feet. With that knowledge, staff discussions were undertaken with the possibility of amending the regulations. Public Hearing of May 2, 2016 regarding scoreboards in residential districts  City Attorney Gunn stated staff discussed zoning regulations to provide for scoreboards under certain constrained situations. What the staff has recommended to the Board is a provision that would recognize scoreboards, but with many conditions. He said they believe this is a reasonable way to approach scoreboards. Attorney Gunn said that since scoreboards are normally larger than normal signs, and scoreboards recently in the area are high tech, with audio, video, and some advertising, it was believed that this has become an issue the City should address, so that is why this is being brought to the Board this evening. Alderman Diehl asked if Parkway is going to contact the homeowners around the school and see if they have a problem with it. City Attorney Gunn stated that he has no idea what Parkway is going to do. There was discussion about the fact that it is unknown of exact addresses where there might be scoreboards located, so there was no specific address to notify residents within 185 feet, but there was notice in the newspaper. Director of Planning, Zoning, and Economic Development Erika Kennett stated that the normal protocol for a general zoning text amendment is that it is applicable to the entire City, not address specific. City Attorney Gunn suggested sending notices to people within 185 of the two high schools, Parkway and John F. Kennedy, of the next meeting of this item to be discussed. Alderman Clement advised that the Planning and Zoning Commission had quite a bit of discussion about this subject. He does not believe wherever a scoreboard might be placed that it will be more intrusive than football lights or a loud speaker system. It is part of what schools, parents and teachers relish. He said he believes there would be no additional noise, chaos, or lighting. He commented that the schools have big lights for the football field, and the loud speaker will be the dominant piece of volume. Alderman Hamill added that the noise probably won’t be that much different than what the neighbors have now with the band, etc. Alderman Ottenad also referred to the 11:00 p.m. requirement that scoreboards not be used after that time, and added that most games are typically over by 10:00 p.m. Director of Planning, Zoning, and Economic Development Erika Kennett added that with other Parkway high schools, there are neighbors who are already experiencing the scoreboards. Alderman Hamill asked for clarification that there would be one scoreboard allowed per property, and Attorney Gunn said that is correct. Public Hearing of May 2, 2016 regarding scoreboards in residential districts  Alderman Clement stated that the Planning and Zoning Commission recommended this text amendment with unanimous support. Mayor Willson closed the public hearing at 8:02 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Monday, May 2, 2016 regarding scoreboards, (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing of May 2, 2016 regarding scoreboards in residential districts  MINUTES OF THE PUBLIC HEARING OF MONDAY, MAY 2, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A TEXT AMENDMENT PROPOSAL TO INCLUDE A DEFINITION OF “BUILDING LINE” IN THE CITY’S CODE Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:53 p.m. Roll call showed those present were Alderman Clement, Alderman Stevens, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. A quorum was present. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, May 2, at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #16-TXT-004 - A text amendment is proposed to Section 405.060 of the City of Manchester’s Zoning Code to include a definition of “Building Line”. 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 Patrick Gunn stated that this is being proposed as a “housekeeping” issue. He said there is reference in the zoning regulations at various places, and throughout the Code in numerous areas, to “building line”, and there is no such definition in our Code. Attorney Gunn suggested that the most important part of the definition is the second sentence which he read: “Where the yard or set back regulations of this Chapter differ from the shown building line, the yard or set back requirements of this Chapter shall prevail.” Attorney Gunn said where there are building lines on plats, wherever, the yard or set back requirements control. Public Hearing of May 2, 2016 regarding a definition of “building line” in the City’s Code  Alderman Clement stated that the Planning and Zoning Commission recommended this text amendment with unanimous support. Mayor Willson closed the public hearing at 8:06 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Monday, May 2, 2016 regarding a definition of “building lines”, (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing of May 2, 2016 regarding a definition of “building line” in the City’s Code  MINUTES OF THE PUBLIC HEARING OF MONDAY, MAY 2, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A TEXT AMENDMENT PROPOSAL RELATING TO CONSTRUCTION OF PARKING SPACES IN VARIOUS ZONING DISTRICTS Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 8:06 p.m. Roll call showed those present were Alderman Clement, Alderman Stevens, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. A quorum was present. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, May 2, at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #16-TXT-005 – A text amendment is proposed to Section 405.290 of the City of Manchester’s Zoning Code relating to construction of parking spaces in various zoning districts of 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 Patrick R. Gunn explained that this is a text amendment creating specific widths of parking spaces of various types. He said much of this language is taken from the current Code, it is just that the current parking space requirements state that a space must be 180 square feet, and the City has recently encountered a situation where a potential business has interpreted that as something other than what would be considered a typical size for a parking space. Public Hearing of May 2, 2016 relating to construction of parking spaces in various zoning districts  Attorney Gunn stated that research has been done on standard size/acceptable size, widths of parking spaces of various types, parallel, perpendicular, and with driving aisles between them. He restated that most of this text amendment is from the Current code, it is just more definition of the 180 square feet so there aren’t possibly long and narrow parking spaces. Director of Planning, Zoning, and Economic Development Erika Kennett stated this establishes a baseline criteria of the 9 foot width space. Alderman Clement advised that the Planning and Zoning Commission unanimously supported this text amendment. Mayor Willson closed the public hearing at 8:09 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Monday, May 2, 2016 relating to construction of parking spaces in various zoning districts, (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing of May 2, 2016 relating to construction of parking spaces in various zoning districts  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, MAY 2, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE (SESSION TWO) 1. CALL TO ORDER Mayor David L. Willson called the Regular Board of Aldermen Meeting, Session Two, to order at 8:09 p.m. 2. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Clement, Alderman Stevens, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. A quorum was present. 3. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Alderman Hamill made the motion to approve the Order of Items on the Agenda as submitted. The motion was seconded by Alderman Clement and carried unanimously, without objection. 4. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Comments from the Public There were none. 5. REPORTS FROM THE MAYOR a. Mayoral Report There was none. Regular Board of Aldermen meeting of May 2, 2016 – Session Two 6. REPORTS FROM THE CITY ADMINISTRATOR There was none. 7. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Clement stated the Planning and Zoning Commission will have a meeting next Monday. b. Homecoming Committee There was none. c. Manchester Arts Council There was none. 8. ACTION ON OLD BILLS a. There were none. 9. INTRODUCTION OF NEW BILLS a. BILL AMENDING THE CODE OF ORDINANCES TO INCLUDE A PROVISION FOR SCOREBOARDS IN RESIDENTIAL DISTRICTS Alderman Hamill introduced Bill #16-2263, entitled: “AN ORDINANCE AMENDING SECTION 405.320 OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER BY ADDING THERETO NEW PROVISIONS RELATING TO SCOREBOARDS”, by title only. No further action at this time. b. BILL AMENDING THE CODE OF ORDINANCES TO INCLUDE A DEFINITION OF “BUILDING LINE” Alderman Stevens introduced Bill #16-2264, entitled: AN ORDINANCE AMENDING SECTION 405.060 OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER BY ADDING THERETO A NEW DEFINITION OF THE PHRASE “BUILDING LINE”, by title only. No further action at this time. Regular Board of Aldermen meeting of May 2, 2016 – Session Two  c. BILL AMENDING THE CODE OF ORDINANCES RELATING TO CONSTRUCTION OF PARKING SPACES Alderman Ottenad introduced Bill #16-2265, entitled: “AN ORDINANCE AMENDING SECTION 405.290(D)(1) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER RELATING TO THE CONSTRUCTION OF PARKING SPACES IN THE COMMERCIAL DISTRICTS OF THE CITY OF MANCHESTER”, by title only. No further action at this time. 10. MISCELLANEOUS a. Election of President of the Board Alderman Clement nominated Alderman Ottenad to be the President of the Board. The motion was seconded by Alderman Baumann and carried unanimously, without objection. b. Comments from the Public There were none. 11. ADJOURNMENT At 8:13 p.m., there being no further business, Alderman Hamill made the motion to adjourn. The motion was seconded by Alderman Clement and carried unanimously, without objection. The meeting adjourned at 8:13 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of Session Two of the Board of Aldermen meeting held May 2, 2016 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen meeting of May 2, 2016 – Session Two