Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF MONDAY, DECEMBER 5, 2016 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A REQUEST FOR A SPECIAL USE PERMIT FOR A SEMI-PRIVATE INDOOR SPORTS FACILITY AT 14290 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 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, December 5, 2016 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #16-SUP-011 – John Rallo, WC Training Partners, LLC, on behalf of Wholfart Holdings, LLC, owner, is seeking approval of a Special Use Permit semi-private indoor sports facility located at 14290 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. John Rallo, one of the owners of the proposed location for the Special Use Permit for a semi-private indoor sports facility at 14290 Manchester Road, said the proposal is for a business that is approximately 10,000 feet, and is a semi-private indoor sports facility for select teams. The facility will not have a shower facility, and will have strictly turf and nets. Alderman Ottenad asked if they would be bringing people in to teach them one-on-one, and when it would be primarily used. Mr. Rallo said that they would be bringing people in to teach them, and there would also be groups of 5 to 10 individuals, taught by previous Cardinal players. It will be mostly used in the wintertime, but a lot of the training that they do is year round for pitching and hitting, with more of the one-on-one in the spring than year around. Public Hearing – Indoor sports facility 12/5/2016 Page 1  Alderman Ottenad asked about the number of children being in there at one time, and if they would have batting cages. Mr. Rallo responded that they would like to stay away from a huge group of kids at one time. He said most of the kids are from seven to nine years old. He said they will be doing back-to - back and on the weekends. He said if you get more than 15 - 17 eight and nine years old running around it gets a little unruly. Mr. Rallo stated that they will have two, or maybe up to three, batting tunnels which will be retractable. He stated that they will have a pitching machine, a softball machine, and there are batting cages in the area but no place to field ground balls and work on skills. He said that for soccer they can configure the field for the younger kids (five to six years old) where they will be working on skills. The oldest age group for renting out the facility for throwing would probably be the age of 12 - 13, maybe older kids will be using the batting facility. He said it will be mostly six to nine year old kids who will be playing soccer or baseball. Alderman Clement stated that the Planning and Zoning Commission sent this request for a Special Use Permit to the Board with their recommendation that it be approved. City Attorney Patrick Gunn stated the two special conditions, both to which Mr. Rallo agreed: 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. City Attorney Gunn asked if Mr. Rallo would agree if Manchester includes another qualifier that says “The Site will be used by appointment only and it will be limited to soccer and baseball.” Mr. Rallo agreed to the terms and stated it was in their best interest and there will not be any employees. He said they will know the coaches, and he suspects there will be about 15 teams that would be using the facility. City Attorney Gunn said this would be modified a little. Mayor Willson closed the public hearing at 7:09 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held December 5, 2016 regarding a Special Use Permit Request for a semi-private indoor sports facility, (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing – Indoor sports facility 12/5/2016 Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING MONDAY, DECEMBER 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 7:09 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. APPROVAL OF THE MINUTES a. Minutes of the Public Hearing of Monday, November 21, 2016 Alderman Clement made the motion to approve the Minutes regarding the Request for a Special Use Permit for a kiosk in Dierberg’s for Monday, November 21, 2016. The motion was seconded by Alderman Hamill and carried unanimously without objection. b. Minutes of the Regular Board of Aldermen meeting of November 21, 2016 Alderman Clement made the motion to approve the Minutes of the Monday, November 21, 2016 Regular Board of Aldermen meeting. The motion was seconded by Alderman Ottenad 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. Commendation of Police Officers Chief Timothy Walsh called attention to the November 11 burglary at a home in the 800 block of Sugar Hill Drive and actions taken by each of the officers he is recognizing which resulted in the subsequent identification, arrest and prosecution of the perpetrator. Regular Board of Aldermen meeting of 12/05/2016 Page 1  Chief Walsh stated that on November 11 at 2:06 a.m., Sergeant Randy Rains, Officer Dave Ebert and Officer Timothy Hancock responded to the report of a burglary in progress in the 800 block of Sugar Hill Drive. He advised that the complainant indicated that he was inside his residence and through use of a closed circuit television camera, he could see that a perpetrator had entered his garage and was rummaging through his cars. Chief Walsh said that when police arrived, the suspect was confronted inside the garage by Sergeant Rains and Officer Hancock and he was ordered to surrender. Instead, the suspect resisted the officers’ efforts to arrest him, assaulted Sergeant Rains and ran from the residence. Chief Walsh stated that Sergeant Rains with Officers Ebert and Hancock pursued the suspect on foot and overcame him at the intersection of Inglestone and Sugar Hill. The suspect continued his struggle with the officers and after additional warnings, he was tased by Officer Hancock. The suspect was then handcuffed, taken into custody and conveyed to the Manchester Police Department. He stated that it should also be noted that Sergeant Rains sustained minor but visible injuries during the struggle with the suspect and he responded to Des Peres Hospital for treatment. After treatment, he and Officer Ebert initiated a neighborhood canvass in an effort to search for additional vehicles tampered with by the suspect. During this search, the suspect’s vehicle; a Ford Explorer was found parked on Sugar Mound Court. Inside the vehicle, Officer Ebert located stolen property from other crimes and personal effects of the suspect. It should also be noted that over the last several weeks, the general area had been hit by numerous car break-ins resulting in property damage and the theft of personal items. Chief Walsh stated that at the police station, the suspect was interviewed by Detective Nicole Priest and as a result of that interview, the suspect made incriminating statements. The suspect was conveyed to the St. Louis County Jail while warrants were sought through the Prosecuting Attorney’s Office. Warrants were authorized charging the suspect with Burglary 1st Degree and Resisting Arrest. An Appearance Bond was set at $50,000. Chief Walsh added that information regarding the arrest of the suspect and subsequent clearance was forwarded to other area law enforcement agencies which had also experienced a recent increase in similar incidents. The suspect did not live in the west county area and had a heroin addition. Chief Walsh stated that he wanted to take formal notice that the actions taken by each of the officers, sergeant, and detective contributed to the successful outcome of this investigation. He commended each of them on the outstanding and extraordinary handling of this incident, adding that their remarkable performance marks them as a competent, capable and talented professional law enforcement team. He stated that their actions reflect well on the service of the Manchester Police Department, and he wanted each of them to know that their efforts are very much appreciated and serve to endear the community’s support toward the department’s organizational objectives. b. Comments from the Public Ms. Briana Hancock, 390 Allen, Florissant, stated she is also Officer Hancock’s wife. She stated that tonight her husband was honored for putting himself in harm’s way to protect the citizens of this City. He arrested a felon who committed countless robberies and assaulted Sergeant Rains. She stated that her husband has done heroic things in his time with Manchester. He arrested the man Regular Board of Aldermen meeting of 12/05/2016 Page 2 who ambushed Officer Flamion, he escorted men and women from a burning apartment building when the fire department had not yet arrived on scene, and he searched the woods behind an elementary school for hours in the dark looking for a man with a rifle. She said he has done these things and many more and it makes her very happy that the City is finally recognizing him for those things. However, it is mind boggling to her that the Board thinks this recognition is enough. Officer Hancock puts his life on the line every day that he wears that uniform, but he does it for his family. He does it for his little boys, he does it so he can put a roof over their heads, so he can send them to preschool, and they can be taken to the doctor when they are sick. Unfortunately, he can’t do that with just a handshake. He, as well as every other City worker that the City employs, is barely able to afford the basic essentials for his family. The Board refuses to pay a decent amount of his salary or health insurance and the majority of the workers’ salaries do not even meet the new standards and guidelines set by the federal government for 2017. She said after taxes and astronomical fees for insurance, most of the employees fall below the poverty line. She wonders if the Board understands that the City, being a government agency, does not pay people a rate that allows them to not have to be on government assistance. Ms. Hancock stated the low pay and poor but pricey insurance has forced Officer Hancock to join the military to find affordable healthcare for his family. He will now spend seven months away from his family so they can take their babies to the doctor when they are sick. She said the ironic twist of fate, however is, it will cost the City more to replace him and to pay all of the overtime because the City can’t fire him, and all these people will have to be paid overtime to cover his shifts. It would have cost the City less to pay his insurance and a decent salary. She advised that Officer Hancock is not the only one who has and is planning on joining the military. She said the Aldermen refuse to pay the City employees a fair wage and they refuse to cover an honorable amount of insurance, but thank God he got a handshake; that means so much. Mr. Chris Winters, 510 Cardinal Lane, stated that the members of the Board of Aldermen will hopefully approve the budget this evening. He asked if in the budget that is being proposed, the City is moving back to spouses and families at 50/50 on the insurance. Also he wondered if it is going to be retroactive from October 1, 2016. City Administrator Hixson answered it will be retroactive to the 50 percent level as before. 6. REPORTS FROM THE MAYOR a. Mayoral Report Mayor Willson stated that there were a group of Boy Scout Webelos, from Boy Scout Troop 781 at Hanna Woods. He stated they did a program about a month ago on municipal government that got them interested in government. Mayor Willson reported on November 26, he attended Shop-with-a-Cop, a terrific program, and he explained that officers and volunteers take children shopping at Walmart; on November 28, he attended the art project at Lafayette Industries; December 1 he attended the staff meeting; Regular Board of Aldermen meeting of 12/05/2016 Page 3 December 2 was the First Friday Coffee at Eagle Bank; then later that day he attended the Lafayette Area Mayors’ Organization (LAMO) meeting; December 3 was Breakfast with Santa, which was sold out; it is a terrific event, and volunteers and the Parks staff do a great job. Then the second day of Shop-with-a –Cop was on December 6. Mayor Willson stated yesterday was Homecoming Committee Appreciation Dinner, both rooms at Tucker’s were full. The service was wonderful, food was good, and it was a good time. Mayor Willson stated if you see flags at half staff on December 7, it is in remembrance of Pearl Harbor Day. 7. REPORTS FROM THE CITY ADMINISTRATOR City Administrator Hixson stated he accepted position as the Director of Development/Assistant City Manager at Ballwin. He will be starting there at the first of the year. a. List of Paid Bills (Warrant dates of November 20 – December 3, 2016) There were no questions. b. Director of Public Works Bob Ruck spoke in regard to the sewer lateral program Director of Public Works Bob Ruck spoke in regard to the sewer lateral program. He recommended setting the fee at $500 beginning January 1. Alderman Clement made the motion to change the sewer lateral fee to $500 starting January 1, 2017. The motion was seconded by Alderman Ottenad, and carried unanimously without objection. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Clement stated that the Planning and Zoning Commission did not meet a week ago, but there is a meeting next Monday, and then no more until January. b. Manchester Arts Alderman Stevens reported that on December 12 at 7:00 p.m., the Lafayette Industries concert and art show will be held at Manchester United Methodist Church. This is very well attended and she suggests getting there around 6:30 p.m. so visitors can view the artwork. 9. ACTION ON OLD BILLS a. AN ORDINANCE APPROVING THE BUDGET Alderman Baumann read for the second time Bill # 16-2283, entitled: “AN ORDINANCE ADOPTING AND APPROVING THE BUDGET FOR THE CITY OF MANCHESTER FOR THE Regular Board of Aldermen meeting of 12/05/2016 Page 4 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. Alderman Baumann made the motion that Bill # 16-2283 become Ordinance # 16-2167. 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 Bill passed with a vote of 6 to 0, with no objections. b. AN ORDINANCE APPROVING AN AMENDMENT TO THE 2016 BUDGET Alderman Stevens read for the second time 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). Alderman Stevens made the motion that Bill # 16-2284 become Ordinance # 16-2168. The motion was seconded by Alderman Hamill. 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 APPROVING A SPECIAL USE PERMIT FOR DIERBERGS TO ENGAGE, AS AN ACCESSORY USE, IN THE SALE OF STARBUCKS BRANDED BEVERAGES AND PRODUCTS Alderman Diehl read for the second time 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 Regular Board of Aldermen meeting of 12/05/2016 Page 5 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. Alderman Diehl made the motion that Bill # 16-2285 become Ordinance # 16-2169. The motion was seconded by Alderman Clement. 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. 10. INTRODUCTION OF NEW BILLS a. BILL APPROVING A SPECIAL USE PERMIT FOR A SEMI-PRIVATE INDOOR SPORTS FACILITY AT 14290 MANCHESTER ROAD Alderman Ottenad introduced Bill # 16-2286, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO, WC TRAINING PARTNERS, LLC TO OPERATE A SEMI-PRIVATE INDOOR SPORTS FACILITY LOCATED AT 14290 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240(C)(5)(b) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. No further action at this time. b. BILL APPROVING PLAT FOR LAUREL OAKS SUBDIVISION Alderman Hamill introduced Bill # 16-2287, entitled: “AN ORDINANCE APPROVING THE SUBDIVISION OF A PARCEL OF PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND COMMONLY KNOWN AS 1187 BIG BEND ROAD IN THE CITY OF MANCHESTER, MISSOURI”, by title only. No further action at this time. c. BILL AUTHORIZING INSTALLATION OF ONE FIRE HYDRANT IN THE LAUREL OAK MANOR SUBDIVISION Alderman Hamill introduced Bill # 16-2288, entitled: “AN ORDINANCE AUTHORIZING MISSOURI AMERICAN WATER COMPANY TO INSTALL ONE FIRE HYDRANT WITHIN THE CITY LIMITS OF THE CITY OF MANCHESTER, MISSOURI,” by title only. No further action at this time. d. RESOLUTION AUTHORIZING CONTRACT FOR PERFORMING RESIDENTIAL SEWER LATERAL SERVICE REPAIRS Regular Board of Aldermen meeting of 12/05/2016 Page 6  Alderman Clement introduced Resolution #16-0577, entitled: “A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO ENTER INTO A CONTRACT WITH TOPE, INC. FOR THE FURNISHING OF ALL TOOLS, LABOR, EQUIPMENT, AND MATERIALS FOR THE PERFORMANCE OF ALL WORK NECESSARY FOR THE CITY’S RESIDENTAL SEWER LATERAL SERVICE FOR YEARS 2017 AND 2018, WITH ADDITIONAL OPTIONS BY TOPE, INC.,” by title only. Alderman Clement stated looking at their pricing and with them being the only ones that submitted a bid, he wondered why no one else even submitted a bid. Director Ruck stated he believes that the main reason nobody else bid is that Tope is the only company that provides cured-in-place pipe service. The City did receive one bid last time in addition to Tope, but they were going to use Tope for the cured-in-place pipe work. If there is a sewer lateral installation under a large tree or under the street, the sewer can be lined from outside of the area so this procedure is very useful. Alderman Clement asked if their pricing primary the excavation and repair going to drive our cost up a bit for each of the individual sewer lateral repairs. Director Ruck answered that the main difference between this and the last bid is there is a $10 a foot increase on excavation. He said this bid is $10 more a foot increase on excavation from the previous bid which was two years ago, and he feels this is increase is reasonable. Alderman Ottenad wanted to make sure they are not changing the total of what the City pays and Director Ruck stated it will still be up to $6,000. Alderman Clement made the motion for approval of Resolution # 16-0577. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. 11. MISCELLANEOUS a. Comments from the Public Mr. Chris Mehl, 421 Meramec Station Road, spoke about deer, and said he has brought this up in the past. He said that he has a lot of property damage and also witnessed three dead deer on 141 in the last three weeks, so he believes there is a public nuisance and safety concern. Alderman Clement said that there are so many comments about deer. He said that regarding the dead deer on Highway 141, if Mr. Mehl will the let the Public Works Department or Police Department know they will make arrangements for the pickup, because they keep track of the dead deer; that is part of the data they collect. Mr. Mehl said he wanted to present some pictures. He understands that with some of the cities near Manchester, if you own more than an acre of land, you can hunt on your property. He shared photographs of his property in the last three weeks with thousands of dollars of his property destroyed. Mr. Mehl said it is legal in St. Louis County for people to hunt with bows, but not in Manchester. Regular Board of Aldermen meeting of 12/05/2016 Page 7  Alderman Ottenad said that she gets calls all the time around Carmen Road and Country Lane Woods and it is getting worse. She recently had seven deer in her yard at a time. Alderman Stevens said that when the City gets to the point where they are going to have to look at what options are legally available, and to know that the surrounding community continues to send them over, then the City is just making room for more. It is has to be a regional solution. Alderman Clement said he believes that the City of Town & Country has put a permanent block of funding in their budget every year. Mr. Mehl asked for clarification that the current Ordinances stated that hunting can be done on two acres. 12. Executive Session: a. Closed Session: Pursuant to Section 610.021 (1) of the Revised Statutes of the State of Missouri pertaining to legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communication between a public governmental body or its representatives and its attorneys. Alderman Hamill made the motion to go into Closed Session: Pursuant to Section 610.021 (1) of the Revised Statutes of the State of Missouri pertaining to legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communication between a public governmental body or its representatives and its attorneys. The motion was seconded by Alderman Clement. A poll of the Board showed: Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement – aye Mayor Willson announced the vote passed by 6 to 0. 13. Adjournment At 8:10 p.m., after the Executive Session, 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 8:10 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Board of Aldermen meeting held Monday, December 5, 2016 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen meeting of 12/05/2016 Page 8