Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF TUESDAY, JULY 5, 2016, AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A SPECIAL USE PERMIT FOR A RESTAURANT AT 14248H MANCHESTER ROAD Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:00 p.m. Roll call showed those present were Alderman Clement, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. Alderman Stevens was absent. 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 Tuesday, July 5, 2016 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #16-SUP-005 – A request for a Special Use Permit has been made by Muhammad Pervez of Sawan Foods LLC., d/b/a Café Lazeez, to operate a standard restaurant at 14248 H Manchester Road. The property is zoned C-1 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. Mr. Muhammad Pervez, owner of Café Lazeez, advised that they were requesting a Special Use Permit to allow them to cook and serve food for sale to their customers. Director of Planning, Zoning, and Economic Development Erika Kennett stated that the Planning and Zoning Department came across a clerical oversight. She said that several years ago when Sawan Foods purchased Café Lazeez to do business as Café Lazeez, the Special Use Permit was not transferred to them. She said granting the Special Use Permit will allow them to come into compliance. It was an oversight from previous staff. The restaurant is in good standing with the City. Alderman Ottenad asked what is in place to avoid a situation like this happening again. Public Hearing 07/05/2016 – Special Use Permit Request – Restaurant at 14248H Manchester Road Page 1  Director Kennett stated that in the future, staff will make sure when people come in for business licenses that a more thorough check and examination of the situation will be done. Director Kennett advised that any restaurant in the C-1 Commercial District is required to have a Special Use Permit in order to operate. Alderman Diehl asked for verification of the address, whether it is to be located at 14248H Manchester Road. Director Kennett answered that it is Unit H within the building. Alderman Clement stated that the Planning and Zoning Commission recommended this Special Use Permit to the Board for approval. Mayor Willson closed the public hearing at 7:07 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held on Tuesday, July 5, 2016 regarding a Special Use Permit Request for a restaurant at 14248H Manchester Road,(summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing 07/05/2016 – Special Use Permit Request – Restaurant at 14248H Manchester Road Page 2  MINUTES OF THE PUBLIC HEARING OF TUESDAY, JULY 5, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A SPECIAL USE PERMIT REQUEST FOR AN AMUSEMENT ESTABLISHMENT AT 14523 MANCHESTER ROAD Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:07 p.m. Roll call showed those present were Alderman Clement, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. Alderman Stevens was absent. 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 Tuesday, July 5, 2016 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #16-SUP-006 – A request for a Special Use Permit has been made by Hutkin Development on behalf of Breakout Operating, LLC for an Amusement Establishment located at 14523 Manchester Road. The property is zoned C-1 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. Mr. Gene Holtzman, Hutkin Development, stated that it is a really good fit and a great compliment to the center and the customers it brings in. This happens to be the largest one of these types of business from what they are told. They are very well capitalized and have expertise for what they are looking for with success of a tenant. For more information about the business operation, their brokers were present at the meeting to describe the operation of the business. Mr. Drew Cleary, representing Breakout Operating, LLC, stated that essentially what happens is you go into a room with family, co-workers and friends, and go through a mind- stimulating experience. They give hints and clues and you solve a puzzle or a mystery and it allows you to escape the room. The door is never locked; there is no physical restraint for the customers. It Public Hearing 07/05/2016- Special Use Permit Request-Amusement Establishment 14523 Manchester Page 1 is a team-building situation with co-workers or family. It is a new experience cropping up all over the United States. There were no questions from the public. Alderman Ottenad asked for verification if the cost is $25 per person to be in this room. She asked if the individual is in one room, or whether they move from room to room. Mr. Cleary answered that she is correct, it is $25 to $30 a person. He said they are in one room for the experience there. He said they are doing five different types of games (rooms) at this location. He said they have a Game Master for every group. He said individuals have to book online and pay online; they do not take payment at the location. Alderman Ottenad asked if they have someone to answer questions during the experience. Mr. Cleary responded that there is a person called the Game Master. He said this is the first location in Missouri, but they are also looking in Kansas City, Columbia, and Springfield, Missouri. He said they currently have 13 operating locations throughout mostly eastern and southern states. He said they are moving quickly and looking in other states also. He said there will be no more than 45 people at one time throughout the location, and there will be no more than eight people per room plus one Game Master per room. They stagger appointments so there is never a group waiting in the reception area for another group to finish. Alderman Clement stated that the Planning and Zoning Commission sent this Special Use Permit Request to the Board of Aldermen with their recommendation for approval. Mayor Willson closed the public hearing at 7:14 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held on Tuesday, July 05, 2016 regarding a Special Use Permit Request for an amusement establishment at 14523 Manchester Road, not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing 07/05/2016- Special Use Permit Request-Amusement Establishment 14523 Manchester Page 2  MINUTES OF THE PUBLIC HEARING OF TUESDAY, JULY 5, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A REQUEST FOR REZONING OF A TRACT OF LAND AT 322 HIGHLANDS BOULEVARD Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:14 p.m. Roll call showed those present were Alderman Clement, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. Alderman Stevens was absent. 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 Tuesday, July 5, 2016 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #16-REZ-001 – A request for rezoning has been made by Thompson Thrift Development, Inc./Watermark Residential to rezone a tract of land at 322 Highlands Boulevard from R-1 Single Family Residential District to PRD Planned Residential 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. Mr. Gary Feder, Attorney with Husch-Blackwell, 190 Carondelet Plaza in Clayton, said he was at the meeting on behalf of a company that wishes to rezone the property for Thompson Thrift Development, Inc./Watermark Residential. He introduced Ms. Lafay. Mr. Feder advised this request is in regard to a contract between Thompson Thrift Development, Inc./Watermark Residential and Juanita McKee, a long-time resident of Manchester. He said this is an undeveloped large site and the concept is to transform it to a new project of approximately 250 apartment homes, a clubhouse and other amenities. He said it would tentatively be known as Watermark at Highlands or the Manchester Villas. Public Hearing 07/05/2016 – Rezoning request for land at 322 Highlands Blvd. Page 1  Mr. Feder stated that this project cannot proceed with the current R-1 zoning. He said in considering zoning alternatives, the PRD (Planned Residential District) appeared to be the most suitable. The PRD is normally designed for property in excess of two acres. It is intended to give a residential builder an opportunity for design flexibility which hopefully results in an improved use of the property with the land allowing for the provision of open space and protection of the natural beauty of the property. He said flexibility in a PRD allows dwelling sizes and dwelling types along with yard requirements to be determined by the Planning and Zoning Commission and Board of Aldermen after consideration of relevant factors. He is seeking approval of this rezoning by the Board of Aldermen. He said this is a multi-step process for the applicant. Mr. Feder stated they will be developing average-size units of approximately 1215 square feet with a large number of two-story buildings with typical 15 foot front yard setbacks. He stated that the project depends on creation of a proposed connector road at the north edge of the property. The connector road is intended to link the existing Highlands Boulevard Drive on the west to the existing Menard’s access drive currently on the southeast. He said the property currently owned by the McKee’s only has limited access to Highlands Boulevard Drive by virtue of a 13 foot wide easement which was created in conjunction with the development of the Pace Highlands project. Mr. Feder stated that generally the applicant has reached out on two separate occasions to residents living near the project site. He spoke about different discussions that the resident brought to them. Ms. Carrie Lafay of Watermark Realty stated they are asking for rezoning for PRD. She said they do believe that multi-family is the highest and best use for this property. She displayed two different designs that could be used, and advised that they have built over 7,000 units in 10 different states. Ms. Lafay stated that each building functions like a single-family home, where each unit has its own direct front door access into the unit. She said each unit also has its own personal private garage. She said they do not have a common area and this project doesn’t function like a typical apartment. She said the rent would be anywhere from $1,300 to $1,700 a month. Ms. Lafay shared pictures of a clubhouse overlooking a pool. She said they have 24-hour fitness facilities. They do have lots of gathering locations for the sense of community, and they focus a lot on pets, as 70 percent of their residents own pets. Ms. Lafay stated they did speak with Mr. Stock of Stock and Associates to see if there was an alternate route along the southern point, and, due to the alignment and the requirements for the road, it wasn’t feasible. She said when they met with the neighbors, they spoke about their main concerns which were the connector road and traffic. She said they felt there were very positive discussions. There were no opponents and no comments from the public. Alderman Ottenad asked about the traffic survey, she asked who is going to be dealing with those concerns. Attorney Gunn answered that he will be, and he has already spoken with Mr. Feder. He said they have already talked about a need for more discussion along those lines. Public Hearing 07/05/2016 – Rezoning request for land at 322 Highlands Blvd. Page 2  Alderman Clement asked about the timeline. He asked if the rezoning is approved when the next step would be done. Mr. Feder stated he hoped that would be as soon as possible. Ms. Lafay added that this is Step 1 in a long process. Alderman Hamill stated he heard the buffer was going to be 50 feet from the home. He wanted to know if there were going to be berms with the build up on the side of the road. Ms. Lafay stated it will be 50 feet from the home and she doesn’t know all the requirements and what all would fit. She said it would be part of their site plan and design. She did talk to them about getting a mound of some sort and getting a fence on top of it. Alderman Clement stated the Planning and Zoning Commission recommended this request to the Board of Aldermen for approval. Mayor Willson closed the public hearing at 7:46 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Tuesday, July 5, 2016 regarding a Request for Rezoning of a tract of land at 322 Highlands Boulevard; not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing 07/05/2016 – Rezoning request for land at 322 Highlands Blvd. Page 3  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF TUESDAY, JULY 5, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor David L. Willson called the Regular Board of Aldermen meeting to order at 7:46 p.m. 2. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Clement, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. Alderman Stevens was absent. A quorum was present. 3. APPROVAL OF THE MINUTES a. Minutes of the Regular Board of Aldermen meeting of Monday, June 20, 2016 Alderman Hamill made the motion to approve the Minutes of the Monday, June 20, 2016 Regular Board of Alderman meeting. The motion was seconded by Alderman Clement and carried unanimously, without objection. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Alderman Hamill made the motion to approve the Order of Items on the Agenda. 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 There were none. 6. REPORTS FROM THE MAYOR a. Reappointment of Bob Bolla as a Director on the Manchester Arts Board for a three-year term Regular Board of Aldermen 07/05/2016 Page 1  Alderman Clement made the motion for the reappointment of Bob Bolla as Director on the Manchester Arts Board. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. b. Mayoral Report Mayor Willson introduced Boy Scout Justin Garber with Troop 387, sponsored by St. John United Church of Christ. Mayor Willson reported that on June 21, he, along with Alderman Diehl and Alderman Ottenad, attended the St. Joseph’s Knights of Columbus dinner; on June 26 he attended the CERT picnic; on July 4 he attended the fireworks and the celebration. Mayor Willson stated on July 6 there will be the luncheon for people who have lived in the City for 50 or more years. There are supposed to be 64 people in attendance at the Lazy River Grill. Mayor Willson also wanted to remind everyone that July 16 is the next scheduled recycling date at Schroeder Park. 7. REPORTS FROM THE CITY ADMINISTRATOR a. Presentation of check to Lafayette Industries Ms. Alesia Roccia from Lafayette Industries said that the relationship of the City of Manchester and Lafayette Industries is one that she has never experienced in all of her non-profit work. She said it is a true partnership. Ms. Roccia advised that December 12 will be the Second Annual Holiday and Art Show at Manchester United Methodist Church. b. List of Paid Bills (Warrant dates of June 19 – July 2, 2016) There were no questions. 8. REPORTS FROM COMMITTEES a. Manchester Arts Alderman Clement acknowledged that Sunday night will be the next Manchester Community Band concert, featuring the “Sound of Celebration”, which is music we hear throughout our lives. They rehearse 2 – 2 ½ hours per week. 1. New Manchester Arts Chair – Doug Whittaker Alderman Clement announced that Mr. Doug Whittaker is the new Manchester Arts Chair. 2. Painting of Ameren traffic boxes Regular Board of Aldermen 07/05/2016 Page 2  Alderman Clement stated that Gary Hoeferkamp’s team with public arts has done a lot of tremendous work this year. There have been two projects which are the “Art in the Park” and painting of Ameren traffic boxes in the park. Public Arts created signage that is mounted to the Pool Fence. Alderman Clement stated they originally budgeted $4,200 toward painting Missouri Department of Transportation (MoDOT) utility boxes, so Manchester Arts would like to put that funding toward three more Ameren boxes. Ameren is very enthusiastic, and they would like for Manchester Arts and the City to take on the painting of the three high-visibility Ameren boxes along Highlands Boulevard Drive. They would like to divert the $4,200 toward painting Ameren boxes instead of MoDOT boxes. b. Planning and Zoning Commission Alderman Clement advised that the Planning and Zoning Commission did not meet, but there is an Agenda for July 11. c. Homecoming Committee Alderman Ottenad stated they did not meet, but the next meeting is July 13, 2016 at 6:30 at the Legion Hall. Everyone is welcome to attend. 9. ACTION ON OLD BILLS a. There are none. 10. INTRODUCTION OF NEW BILLS a. BILL APPROVING A SPECIAL USE PERMIT FOR A RESTAURANT AT 14248H MANCHESTER ROAD Alderman Hamill introduced for Alderman Stevens Bill #16-2269, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO SAWAN FOODS LLC, DOING BUSINESS AS CAFE LAZEEZ, TO OPERATE A STANDARD RESTAURANT AT 14248 H MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240(C)(4)(f) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. No further action required at this time. b. BILL APPROVING A SPECIAL USE PERMIT REQUEST FOR AN AMUSEMENT ESTABLISHMENT AT 14523 MANCHESTER ROAD Alderman Hamill introduced Bill #16-2270, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO BREAKOUT OPERATING, L.L.C. TO OPERATE AN AMUSEMENT CENTER AT 14523 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240(5)(d) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Regular Board of Aldermen 07/05/2016 Page 3  Alderman Hamill made a motion for approval of emergency legislation. The motion was seconded by Alderman Clement, and carried unanimously, without objection. Alderman Hamill read for the second time Bill #16-2270 entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO BREAKOUT OPERATING, L.L.C. TO OPERATE AN AMUSEMENT CENTER AT 14523 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240(5)(d) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Hamill made the motion that Bill #16-2270 become Ordinance #16-2153. The motion was seconded by Alderman Clement. A poll of the Board showed: Alderman Clement – aye Alderman Stevens – absent Alderman Hamill – aye Alderman Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Mayor Willson announced the motion passed 5 – 0, with no objections and one absentee. c. BILL APPROVING REZONING OF A TRACT OF LAND AT 322 HIGHLANDS BOULEVARD Alderman Clement introduced Bill #16-2271, entitled: AN ORDINANCE REZONING A CERTAIN TRACT OF LAND SITUATED IN THE CITY OF MANCHESTER FROM "R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT TO "PRD" PLANNED RESIDENTIAL DEVELOPMENT DISTRICT”, by title only No further action required at this time. d. RESOLUTION AUTHORIZING PURCHASE OF ROAD SALT Alderman Diehl read Proposed Resolution # 16-0566, entitled: A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO EXPEND THE SUM OF FORTY THOUSAND THREE HUNDRED SIXTY-TWO DOLLARS ($40,362.00) FOR THE PURCHASE AND DELIVERY OF ROAD SALT FOR THE 2016-2017 WINTER SEASON FOR USE BY THE CITY OF MANCHESTER. Alderman Ottenad asked for verification that at the end of 2016 there will be $30,000 still left in the account. Director Ruck agreed there will be left over money. Alderman Diehl made the motion to approve Resolution #16-0566. The motion was seconded by Alderman Clement and carried unanimously, without objection. Regular Board of Aldermen 07/05/2016 Page 4 11. MISCELLANEOUS a. Comments from the Public There were none. 12. ADJOURNMENT At 8:08 p.m., there being no further business, Alderman Clement made the motion to adjourn The motion was seconded by Alderman Hamill and carried unanimously, without objection. The meeting adjourned at 8:08 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Board of Aldermen meeting held July 5, 2016 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen 07/05/2016 Page 5