Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF MONDAY, NOVEMBER 21, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A SPECIAL USE PERMIT FOR AN ACCESSORY USE TO SELL STARBUCKS BEVERAGES AND PRODUCTS AT DIERBERGS 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 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, November 21, 2016 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: A request from Drew Bextermueller, Dierbergs Markets Inc., on behalf of CAPLACO SIX, Inc., owner, seeking approval of a Special Use Permit for an Accessory Use to operate a kiosk selling Starbucks branded beverages and products, to be located at 421 Lafayette Center, zoned C-1 Commercial.” 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. Drew Bextermueller, Director of Real Estate, on behalf of Dierbergs Market, stated that he was at the meeting in regard to the request for a permit allowing the operation of a kiosk for the sale of Starbucks branded beverages and products. He stated that Dierbergs Market has entered into a license agreement with Starbucks to allow the sale of their beverages and products. The kiosk will be operated by two to three Dierbergs Markets associates and will be open during normal supermarket hours. The kiosk will be operated as an accessory to the supermarket and will provide a convenience to customers shopping in the supermarket. Alderman Diehl stated he believes this is a nice addition but questioned if they are already selling coffee. Mr. Bextermueller answered they have been in contact with City Attorney Gunn in that regard. Public Hearing – Starbucks products at Dierbergs 11/21/2016 Page 1  There were no opponents. Ms. Jeannette Nissenbaum, 918 LaBonne Parkway, stated that she loves Starbucks and thinks it works very well at the Des Peres location. She thinks it is a wonderful addition to the Manchester community. Alderman Clement announced that the Planning and Zoning Committee recommended this Special Use Permit to the Board of Aldermen. City Attorney Gunn reviewed the Special Conditions: 1. Holder’s strict compliance with all applicable Federal, State and City of Manchester Statutes and Ordinances. 2. Holder permitting access to the Site by the City of Manchester at all times requested so as to confirm compliance under Paragraph 1 of this Section Five. Mr. Bextermueller agreed to the Special Use Conditions. Mayor Willson closed the public hearing at 7:06 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held November 21, 2016 regarding the sale of Starbucks branded beverages at Dierbergs (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing – Starbucks products at Dierbergs 11/21/2016 Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING MONDAY, NOVEMBER 21, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor David L. Willson called the Regular Board of Aldermen meeting to order at 7:06 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 Public Hearing of November 7, 2016 regarding a Special Use Permit Request for Jasmine Day Spa Alderman Hamill made the motion to approve the Minutes of the Special Use Permit for Jasmine Day Spa for Monday, November 7, 2016. The motion was seconded by Alderman Clement and carried unanimously without objection. b. Minutes of the Public Hearing of November 7, 2016 regarding a text amendment to the Code regarding mortuaries in the Planned Business District Alderman Clement made the motion to approve the Minutes for the text amendment to the Code regarding Mortuaries for Monday, November 7, 2016. The motion was seconded by Alderman Ottenad and carried unanimously without objection. c. Minutes of the Public Hearing of November 7, 2016 regarding a Special Use Permit Request for St. Louis Cremation Alderman Clement made the motion to approve the Minutes for the Special Use Permit for St. Louis Cremation for Monday, November 7, 2016. The motion was seconded by Alderman Hamill and carried unanimously without objection. d. Minutes of the Regular Board of Aldermen Meeting of November 7, 2016 Regular Board of Aldermen meeting of 11/21/2016 Page 1  Alderman Clement made the motion to approve the Minutes of Monday, November 7, 2016 Regular Board of Aldermen meeting. The motion was seconded by Alderman Hamill and carried unanimously without objection. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Alderman Hamill made the motion to accept the Order of Items on the Agenda as submitted. The motion was seconded by Alderman Clement, and carried unanimously without objection. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Proclamation honoring Director of Finance Dave Tuberty for receiving the CAFR Award Mayor Willson presented Director of Finance Dave Tuberty with a Proclamation for receiving the prestigious “Certificate of Achievement for Excellence in Financial Reporting” (CAFR) reward. b. 2017 Budget Presentation – Director of Finance Dave Tuberty Director of Finance Dave Tuberty gave a presentation of the proposed budget for fiscal year 2017. The projected revenues for all funds combined are $20.88 million. The total projected expenditures combined are $21.5 million dollars with an excess of expenditures over revenues $623 thousand. The General Fund Revenue is $9,427,200.00 and projected expenditures are $9,265,739.00. The excess revenues over expenditures after transfers will be $21,461. c. Comments from the Public Director of Public Works Bob Ruck stated he wanted to give the numbers of the deer carcass collection to the Board. He said that currently the City has had 21 deer carcasses, with the City picking up 11, the State picking up six and the County picking up four. He said the last two weekends we have had two deer/police vehicle accidents. There will be another deer survey coming up in late winter to analyze the deer population. Alderman Clement stated that at a homeowners meeting with Alderman Ottenad that they attended, people are wanting the City to do something about the deer population. Alderman Stevens asked if the number of deer hit is larger than last year, or if it is the same as last year. Alderman Ottenad answered that the 2015 deer count was 42 that involved vehicles. She said there were 123 total incidents. Director Ruck stated that number also includes the counts from the Police Department which hasn’t been summarized this year yet. Mr. Chris Winters, 510 Cardinal Lane, said that in his back yard, he has three generations of does, and there is an eight point buck having a field day. He stated that he is able to get within 20 feet of the deer, and he wanted to echo that there is a problem. Regular Board of Aldermen meeting of 11/21/2016 Page 2  Mr. Lee Presser, 1140 Big Bend Station Drive, Trustee of Big Bend Subdivision, praised the Public Works Director and his department for all the excellent work done in their subdivision over the past few years. He also thanked Dave Fox who has also been very helpful to the subdivision. Mr. Presser stated that there is a very large partially dead tree in their subdivision, and it probably towers five stories. Mr. Presser showed a sample of a “twig” from the tree that fell to the sidewalk where people walk. He said this tree is in front of the subdivision and right by the sidewalk. Dave Fox and Bob Ruck visited with Mr. Presser and he said they were shocked at the appearance of this tree. Mr. Presser said the tree is at 1129 Big Bend Station Drive, on private property, and he was hoping that the City would abate this, after which there was a decision by City staff not to abate this tree. Attorney Gunn stated that Mr. Fox did go out and took photographs of the tree and supplied a narrative of the circumstances. In considering the Ordinances, and comparing the photographs and Mr. Fox’s narrative as to what the circumstances were to the provisions of the Ordinance, he felt that it did not satisfy the terms of the Ordinance as a matter that would be abated by the City at the City’s cost. Mr. Presser said the sample he brought in was one of many pieces of the tree. Mr. Presser spoke with the lady who owns the tree, and she admits it is terrible, but it is around $1,400 to remove. She said she is waiting to find a lower price. 6. REPORTS FROM THE MAYOR a. Mayoral Report Mayor Willson reported that on November 7, he met with Boy Scout Troop 781 at Hanna Woods School, and they talked about municipal government. He said that the new Webelos have a requirement now before going into Scouts, and that is they have to meet with the Mayor or a Municipal Official. He reported that November 10 was the rededication of the Veterans’ Memorial Wall at Parkway South High School. Mayor Willson stated that on November 10 in the evening, he attended the MADD (Mothers Against Drunk Driving) dinner, where Officer Dave Ebert, Officer Jon Weiss, and Sergeant Dan West were recognized at the dinner. He stated that on November 11 he attended the “Breakfast for Veterans” at the Legion Hall, compliments to the Parks Department who prepared the breakfast, and there was a good turnout. He stated that he along with City Administrator Hixson attended the Lafayette Industries 40th anniversary dinner and he said that Lafayette Industries is very appreciative of the support from the City of Manchester. Mayor Willson reported that on November 14 he attended the Planning & Zoning meeting and also the County Lane Woods I subdivision meeting where there was a discussion about the deer. He stated that on November 17, there was another scout meeting at St. John’s; and on November 18 he attended the Government Affairs Transportation Council meeting in Ellisville. Mayor Willson reported that the Art Show was on Friday night, there were 14 artists represented, and they appreciated that their art was being displayed in the Courtroom. Mayor Willson stated that a point of interest that was in the West Newsmagazine is that the Parkway South High School marching band won first place, which is under Chris Becker’s direction, and he is the individual who is in charge of the Manchester Community Band. Regular Board of Aldermen meeting of 11/21/2016 Page 3 7. REPORTS FROM THE CITY ADMINISTRATOR a. Lafayette Industries 40th anniversary dinner on the Hill City Administrator Andy Hixson stated there was a very nice dinner on the Hill, it was for th the 40 anniversary of Lafayette Industries. b. List of Paid Bills (Warrant dates of November 6 – November 19, 2016) There were no questions. 8. REPORTS FROM COMMITTEES a. Manchester Arts Alderman Stevens reported that there was a reception for the artwork. There was an art experience at Lafayette Industries and another one is planned for November 28. There has been approval for the utility boxes, and as soon as the weather is good, they will be painted. Alderman Stevens stated that Lafayette Industries is having their “Holiday in Art” at Manchester United Methodist Church (MUMC) on December 12 from 6:00 p.m. to 8:30 p.m. The Choir will sing and use handbells, and artwork from the Art Experience will be displayed. Mayor Willson reported that there were 49 Art Experience participants, the largest so far, at Lafayette Industries. Mayor Willson stated Stephanie Hardesty, Kat Douglas, City Administrator Hixson, Alderman Clement and Alderman Ottenad and people from the Legion Hall volunteered for Lafayette Industries art. Alderman Stevens stated the two sculptures look really nice and are part of the loan program. There will be more later on. b. Planning and Zoning Commission Alderman Clement stated Planning & Zoning met on November 14, a Special Use Permit Request for a semi-private indoor sports facility, and the Commission recommended this to the Board. He advised that there is no agenda for a week from tonight. c. Homecoming Committee Alderman Ottenad stated that the next meeting will be January 18 at the Legion. The Homecoming Committee Holiday Party will be December 4. 9. ACTION ON OLD BILLS a. AN ORDINANCE AMENDING THE CODE OF ORDINANCES REGARDING NUISANCES PERTAINING TO WATER DISCHARGE City Attorney Patrick Gunn stated there was a change in Section 3; staff had discussions about the effective date, and they recommended June 1, 2017, to give people in violation an opportunity to react to the Ordinance. Regular Board of Aldermen meeting of 11/21/2016 Page 4  Alderman Ottenad read the substitute Bill # 16-2278, entitled: “AN ORDINANCE AMENDING SECTION 215.010 OF THE CODE OF ORDINANCES RELATING TO NUISANCES”, by title only. Alderman Ottenad made the motion that Bill # 16-2278 become Ordinance # 16-2162. 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 Mayor Willson announced the Bill passed with a vote of 6 to 0, with no objections. c. AN ORDINANCE AMENDING THE CODE OF ORDINANCES RELATING TO NUISANCES AFFECTING HEALTH Alderman Clement read for the second time Bill # 16-2279, entitled: “AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 215 OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER, RELATING TO NUISANCES OCCURRING IN THE CITY OF MANCHESTER”, by title only. Alderman Clement made the motion that Bill # 16-2279 become Ordinance # 16-2163. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Clement – aye Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Mayor Willson announced the Bill passed with a vote of 6 to 0, with no objections. d. AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR JASMINE DAY SPA Alderman Diehl read for the second time Bill # 16-2280, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO LANYU JIANG, d/b/a JASMINE DAY SPA, TO OPERATE A MASSAGE THERAPIST FACILITY AT 14575 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240(C)(5)(h) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Diehl made the motion that Bill # 16-2280 become Ordinance # 16-2164. The motion was seconded by Alderman Clement. Regular Board of Aldermen meeting of 11/21/2016 Page 5  A poll of the Board showed: Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Alderman Baumann – aye Alderman Clement – aye Alderman Ottenad – aye Mayor Willson announced the Bill passed with a vote of 6 to 0, with no objections. d. AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY PERMITTING MORTUARIES IN THE PLANNED BUSINESS DISTRICT Alderman Hamill read for the second time Bill #16-2281, entitled: AN ORDINANCE AMENDING SECTION 405.285.C OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER BY ADDING THERETO A NEW SUB-SECTION (19) PERMITTING MORTUARIES IN THE PLANNED BUSINESS DEVELOPMENT DISTRICT OF THE CITY OF MANCHESTER WITH A SPECIAL USE PERMIT, by title only. Alderman Hamill made the motion that Bill # 16-2281 become Ordinance # 16-2165. The motion was seconded by Alderman Clement. A poll of the Board showed: Alderman Hamill – aye Alderman Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement – aye Alderman Stevens – aye Mayor Willson announced the Bill passed with a vote of 6 to 0, with no objections. e. AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR ST. LOUIS CREMATION Alderman Hamill read for the second time Bill #16-2282, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO MANCHESTER MORTUARY, LLC TO OPERATE A MORTUARY, WITHOUT A CREMATORIUM, AT 14374 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.285(C)(19) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Hamill made the motion that Bill # 16-2282 become Ordinance # 16-2166. The motion was seconded by Alderman Clement. A poll of the Board showed: Alderman Diehl – aye Alderman Baumann – aye Regular Board of Aldermen meeting of 11/21/2016 Page 6  Alderman Ottenad – aye Alderman Clement – aye Alderman Stevens – aye Alderman Hamill – aye Mayor Willson announced the Bill passed with a vote of 6 to 0, with no objections. 10. INTRODUCTION OF NEW BILLS a. BILL APPROVING THE 2017 BUDGET Alderman Baumann introduced Bill # 16-2283, entitled: “AN ORDINANCE ADOPTING AND APPROVING THE BUDGET FOR THE CITY OF MANCHESTER FOR THE YEAR JANUARY 1, 2017 THROUGH DECEMBER 31, 2017, AND APPROPRIATING SUCH SUMS AS SET FORTH HEREIN FOR ALL DEPARTMENTS AND ACCOUNTS THEREIN SPECIFIED”, by title only. No further action at this time. b. BILL ADJUSTING THE 2016 BUDGET FOR THE SEWER LATERAL REPAIR FUND Alderman Stevens introduced Bill # 16-2284, entitled: “AN ORDINANCE AMENDING ORDINANCE NO. 15-2128 ADOPTING AND APPROVING THE BUDGET FOR THE CITY OF MANCHESTER FOR THE YEAR JANUARY 1, 2016 THROUGH DECEMBER 31, 2016, BY (1) INCREASING THE ESTABLISHED BUDGET FOR THE SANITARY SEWER REPAIR FUND BY TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), AND (2) REDUCING THE SANITARY SEWER REPAIR FUND BALANCE FOR THE BEGINNING OF 2017 BY TWENTY-FIVE THOUSAND DOLLARS ($25,000.00)”, by title only. No further action at this time. c. BILL APPROVING A SPECIAL USE PERMIT FOR DIERBERGS TO ENGAGE, AS AN ACCESSORY USE, IN THE SALE OF STARBUCKS BRANDED BEVERAGES AND PRODUCTS Alderman Diehl introduced Bill # 16-2285, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO DIERBERGS MARKETS, INC. TO ENGAGE, AS AN ACCESSORY USE, IN THE OPERATION OF A FAST-FOOD RESTAURANT SELLING STARBUCKS BRANDED BEVERAGES AND PRODUCTS AT 421 LAFAYETTE CENTER, 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 at this time. 11. MISCELLANEOUS a. Comments from the Public Mr. Chris Winters, 510 Cardinal Lane, spoke in regard to the Veterans’ Breakfast held on November 11, which he attended, and also cooked. He said the first Veteran came by at 5:50 a.m. Regular Board of Aldermen meeting of 11/21/2016 Page 7 He said there were many veterans there, and they were very thankful. He said it was great to see these people sit, eat and talk. Mr. Winters expressed his compliments and said he would like for this to be an annual thing if possible. He said it was a great idea! Mayor Willson added that the tables were all full from about 8:00 a.m. until about 9:30 a.m. He said it was a good turnout; people appreciated it; people conversed, and it was a very interesting event. 12. ADJOURNMENT At 7:53 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 7:53 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Board of Aldermen meeting held Monday, November 21, 2016 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen meeting of 11/21/2016 Page 8