Board of Aldermen

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, JUNE 20, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor David L. Willson called the Regular Board of Aldermen meeting 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 June 6, 2016 Public Hearing regarding a Special Use Permit Request for a grocery store at 14244 Manchester Road Alderman Clement made the motion to approve the Minutes of the Public Hearing of Monday, June 6, 2016 regarding a Special Use Permit Request for a grocery store. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. b. Minutes of the June 6, 2016 Public Hearing regarding the allocation of Community Development Block Grant Funds Alderman Clement made the motion to approve the Minutes of the Public Hearing of Monday, June 6, 2016 regarding Community Development Block Grant Funds. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. c. Minutes of the Regular Board of Aldermen meeting of June 6, 2016 Alderman Ottenad made the motion to approve the Minutes of the Monday, June 6, 2016 Regular Board of Alderman meeting. The motion was seconded by Alderman Clement and carried unanimously, without objection. Regular Board of Aldermen 06/20/2016 Page 1 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Mayor Willson stated that item 7 (a) is being postponed to July 5. He said Director Bob Ruck will be discussing the Trim Grant under Considerations of Petitions and Comments from the Public. Alderman Clement made the motion to approve the Order of Items on the Agenda as amended. The motion was seconded by Alderman Hamill, and carried unanimously, without objection. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. New Liquor License 1. India’s Kitchen Alderman Hamill made the motion to approve the new liquor license for India’s Kitchen. The motion was seconded by Alderman Clement and carried unanimously, without objection. b. Comments from the Public Mr. Rick Stream, 1229 Lockett Lane, Kirkwood, stated he is running for State Senate in District 15 which is currently occupied by Eric Schmidt. He wanted to let everyone know that he is doing a lot of work throughout the District and around Manchester going door-to-door. He said he is getting a great response from people in Manchester. Mr. Dan Smeehuyzen, 409 Woodland Hill Ct. stated he would like to discuss parking of commercial vehicles on the street. He said he does have a commercial vehicle and it is a van. He said from what he read in the Ordinance, the parameters wouldn’t even come close to a regular van. He said he has the measurements for his Chevy Van with the length being 224 inches; the height of it is 92 inches with ladders on it, and the width of it is 74 inches. His concern is that he has been in Manchester since the area where he lives has been annexed, and he has been living in his house for 26 years. He has been driving a commercial vehicle all that time; his concern is that it will affect his livelihood if he cannot drive that van. Mr. Smeehuyzen stated if he couldn’t park the van at his home, he would need a secure parking area. He said they have estimated the contents of the van to be between $10,000 and $15,000, and if it is parked in a parking lot instead of in front of his house, it can’t be watched properly. He said it is well maintained and clean, he doesn’t see where that type of vehicle could be a problem; he is concerned about this, as well as others he knows who are. He advised that he has also talked with aldermen about the size of these vehicles, they are not commercial vehicles, but just like Suburbans sitting on the street. Attorney Gunn asked for verification of the measurements for the van, and Mr. Smeehuyzen agreed the measurements were 224 inches long, 74 inches wide, 92 inches from ground to top with the cargo rack and ladders. Regular Board of Aldermen 06/20/2016 Page 2  Ms. Paula Hartman, 6 Wildway Circle, lives by Parkway South High School by the baseball fields, and they have had trouble with the music turned up loud. She said this especially happens when there are practices during the day or when the kids are just doing errands for the coach. She said she has gone down there, and sometimes there is an adult around and sometimes there isn’t. Usually when she catches an adult there and has a chance to talk about the volume, they turn it down. One time she called the Athletic Director, and had been told there basically is nothing she could do; they want to make the high school a transition to a college experience. Recently, they were renting the fields almost every night for the College Metro League. She would like to know the rules with the volume and if it is to be used all this time for the College Metro League. She also inquired if there were going to be lights on this scoreboard. Alderman Stevens asked who she was asking. Ms. Hartman stated she has called a couple times and has talked to the Athletic Director last spring, and one time, she went down there and there were no adults. She said that recently she spoke to someone who is in charge of renting the field. Alderman Baumann wanted to make sure she was talking about the baseball fields, and she agreed that was the case. City Attorney Patrick Gunn asked if she is discussing the noise on the baseball field, or if she is asking about who can play the music on the field. He said that Manchester has a Noise Ordinance, and the Police Department can measure sound level from her property line to determine if it is a violation of the Code. Ms. Hartman said she would like to come to an agreement to work with them. She understands that she can call the police but hates bothering them on an unimportant thing. She said she heard about the scoreboard for the football field and she is wondering if that might transition to a location near them. City Attorney Gunn answered that the Ordinance that is before them is to limit the school to one scoreboard of its kind. The thought is this is for a football setting, not a baseball setting. The baseball setting would not justify that type of a scoreboard. Director of Public Works Bob Ruck spoke about receiving a letter from the Missouri Department of Conservation and in the letter it acknowledged receipt of the final documents for the Trim Grant that had been applied for. He said there was a check for $25,000 for the Trim Grant for Manchester’s participation. He said they have applied for another Trim Grant, and he is looking to develop an Ordinance about trees in the right-of-way. He will have information from the tree inventory which he will be disbursing shortly. 6. Reports from the Mayor a. Mayoral Report Mayor Willson reported that on June 7, along with Alderman Stevens, Alderman Clement, City Administrator Hixson, and Kat Douglas, he was at the barbecue for the Community Band; on June 8 he attended the Homecoming meeting; on June 10 he attended the Lafayette Area Mayors’ Organization (LAMO) breakfast, on June 10 he was at the pool for the luau and the Minions movie; on June 12 he attended the Community Band Concert, which was a jazz program, the music was Regular Board of Aldermen 06/20/2016 Page 3 good; on June 13 he attended the Planning and Zoning meeting, and on June 16 he attended the staff meeting. Mayor Willson stated Manchester has done it again; being in the top 10 listing of cities to live in. It is based on employment rates, household income, population density, home values and education. 7. REPORTS FROM THE CITY ADMINISTRATOR a. Presentation of check to Lafayette Industries This item was deferred to the July 5 meeting. b. List of Paid Bills (Warrant dates of June 5 – June 18, 2016) There were no questions. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Clement stated that the Planning and Zoning Commission did meet a week ago, there were three cases, two were Special Use Permits and the other was a request for rezoning. He said all three cases were approved by the Planning and Zoning Commission. b. Homecoming Committee Alderman Ottenad stated the Homecoming Committee had a meeting on June 8. At that time, they had their committee pictures taken and their potluck picnic at Schroeder Park. She said the next meeting will be on July 13 at 6:30 p.m. at the Legion Hall, and she hopes everyone can attend. c. Manchester Arts Alderman Clement stated the June 10 concert was hot, but turned into a beautiful evening. He said the next band concert will be on July 10 at 6:30 p.m. In early July, the current art exhibit will come down and a new one will go up; it is called “Inside/Outside”. 9. ACTION ON OLD BILLS a. AN ORDINANCE AMENDING THE CODE OF ORDINANCES TO INCLUDE A PROVISION FOR SCOREBOARDS IN RESIDENTIAL DISTRICTS City Attorney Gunn explained changes on the Substitute Bill. He said there are no changes on the first page, and on the second page of the Substitute Bill there is an addition to paragraph 7, which is: “Audio and video components of the scoreboard shall not be operated except during the following times”, and those times are the same as originally presented. He advised that there is a new paragraph 8 which says: “No scoreboard may be operated before 9:00 a.m. on any day”. He Regular Board of Aldermen 06/20/2016 Page 4 said the distance between the scoreboard and the adjoining property was 150 feet, and they changed it back to 100 feet because they noticed that if it was 150 feet, the scoreboard would be moved further up the football field which would make it more visual to the people behind it. City Attorney Gunn stated it was also added because of some discussion about the high school renting out the field so they can have use of the scoreboard and this Ordinance prohibits that, but there is an exception that is now suggested by staff that says “Notwithstanding the foregoing, an exception may be granted under this paragraph upon application to the Board of Aldermen and the discretion of the Board for good cause shown.” Alderman Hamill read for the second time Substitute 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. Alderman Stevens asked if the residents had time to read it and make their views and input known. City Attorney Gunn answered by saying that the Parkway School District and John F. Kennedy High School have both been apprised of this version of the Bill, and he has not heard from them. He said he doesn’t know if the neighbors have been made aware. Alderman Hamill made a motion that Bill #16-2263 become Ordinance #16-2150. The motion was seconded by Alderman Clement. 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 AMENDING THE CODE RELATING TO PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS City Attorney Gunn explained changes in the Substitute Bill. He said that in light of the comments that were made at the last Board meeting, the vehicle cannot be higher than 84 inches or longer than 225 inches. Then the sentence has been added “Notwithstanding the foregoing sentence, a panel van which is not higher than 84 inches may have a cargo rack and load of not more than eight inches in height so that the panel van and cargo rack and load shall not be higher than 92 inches. All height measurements under this Section are from the ground.” Alderman Stevens read Bill #16-2267 as amended “AN ORDINANCE AMENDING SECTION 355.180 OF THE CODE OF ORDINANCES RELATING TO THE PARKING OF COMMERCIAL VEHICLES IN THE RESIDENTIAL DISTRICTS OF THE CITY”, by title only. Regular Board of Aldermen 06/20/2016 Page 5  Alderman Clement stated that this gentleman who represents some residents, while his vehicle fits barely, he feels that eight inches puts other vehicles at risk. He said he has spoken to other residents where their vehicles exceed the 92 inches. He said when he spoke to Dave Fox when he did the research, the information actually showed a 96 inch cap. He is expressing his concern for the height. Alderman Ottenad stated she is curious what difference a couple inches added to it makes if they amend the Ordinance to 96 inches like other cities. City Attorney Gunn answered those are other cities around the country, but he is not sure if it is that height around this area. Alderman Ottenad asked if there are a lot of complaints about heights of trucks. City Attorney Gunn answered this proposed amendment is because of complaints. He said that the staff believes this accommodation is adequate and the staff is concerned about the nature of the trucks and how many people are going to have and how big they are going to be. There was a discussion about the heights of different makes and models, like Chevrolet and Ford, for the panel van. City Attorney Gunn stated the staff will not support just 84 inches and then put whatever you want on the top. He said he suggests 84 inches, and then the Board needs to figure out what they are going to do with the cargo rack. Alderman Clement recommended that the Ordinance go with an 84 inch tall vehicle with a maximum 96 inches, including the rack and load. Alderman Stevens made the motion that this Ordinance be amended to 96 inches instead of 92, and remain with the other measurements. 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 – nay Alderman Diehl – aye Mayor Willson announced the motion passed 5 – 1. c. AN ORDINANCE PROVIDING FOR DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN CITY OFFICIALS Alderman Baumann read for the second time Bill #16-2268, entitled: “ AN ORDINANCE RE-AFFIRMING THE PROVISIONS OF SECTIONS 120.010 THROUGH 120.070 OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER, WHICH SECTIONS ESTABLISH A PROCEDURE TO PROVIDE FOR THE DISCLOSURE OF POTENTIAL Regular Board of Aldermen 06/20/2016 Page 6 CONFLICTS OF INTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN MUNICIPAL OFFICIALS OF THE CITY OF MANCHESTER”, by title only. Alderman Baumann made the motion that Bill #16-2268 become Ordinance #16-2152. The motion was seconded by Alderman Clement. A poll of the Board showed: Alderman Ottenad – aye Alderman Clement – aye Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Alderman Baumann – aye 10. INTRODUCTION OF NEW BILLS a. There were none. 11. MISCELLANEOUS a. Comments from the Public There were none. 12. ADJOURNMENT At 7:52 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 7:52 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Board of Aldermen meeting held June 20, 2016 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen 06/20/2016 Page 7