Board of Aldermen

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, MARCH 20, 2017 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 March 6, 2017 Public Hearing regarding rezoning of 825 Sulphur Spring Alderman Clement made the motion to approve the Minutes of the Public Hearing regarding rezoning of 825 Sulphur Spring of March 6, 2017. The motion was seconded by Alderman Hamill, and carried unanimously, without objection. b. Minutes of the Regular Board of Aldermen meeting of Monday, March 6, 2017 Alderman Hamill made the motion to approve the Minutes of the Regular Board of Aldermen meeting of Monday, March 6, 2017. The motion was seconded by Alderman Clement, and carried unanimously, without objection. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Alderman Clement made the motion to approve the Order of Items on the Agenda as submitted. The motion was seconded by Alderman Hamill and carried unanimously, without objection. Regular Board of Aldermen 03/20/2017 Page 1 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Citizen Service Citation presentations Chief of Police Timothy Walsh introduced two Manchester residents who reside on Enchanted Parkway. He said he wanted to bring attention to a refreshing, pleasant incident that occurred on Monday, February 27. Ms. Bruktawit Woldeselase and Mr. Wonedwosen Wolde are immigrants from Ethiopia, and have been here 17 years. They are employees of Goodwill in the Boardwalk Plaza. On February 27, as they were organizing recent donations, they came upon an envelope mixed in with the donations. When they opened the envelope they found $500 in cash and a driver’s license belonging to Mr. Robert Schmitz, also a Manchester resident. Clearly, they could have taken advantage of the situation and kept the money, but they didn’t. They demonstrated a clear sense of honesty and integrity and they did the right thing. They notified their supervisor and contacted the Police. b. Comments from the Public Mr. Chris Winters stated: “For the record, I would like it to be known that City Staff or the Board of Aldermen, due to the City Attorney’s ‘opinion’ that it would violate the City’s Code of Ordinances as it relates to Missouri’s Sunshine Act, will not answer my questions.” Mr. Winters continued: “Attorney Gunn, you seem to think (or assume) that I may already know the answers to these questions that I have brought forth. I truly do not know that these statements given to me are factual.” “A couple of months ago, I was invited to Mike Clement’s home to discuss his side of the story concerning the Arts Council and I greatly appreciated that. I had only heard one side, and it gave me a better perspective of the situation. I was giving the Board the opportunity to explain themselves but instead you’ve decided to keep it hushed.” “So ‘we the people’ will have to decide or assume for ourselves whether or not these statements given to me concerning past administrators and administrative employees are true or not.” Mr. Winters stated: “My question concerning SLAIT being contacted to represent the City for health insurance did not happen because in 2016 the City had an ‘agency of record’ at the time. ‘Agency of record’ sounds like a contract to me, is that correct?” Mr. Winters continued: “Two questions I will ask again because the City appears to have ‘no idea’, nor any reason to inquire, so I will ask Alderman Hamill directly: “Does your law firm use Beattie and Associates as their health insurance broker?” Alderman Hamill stated this information was provided more than five months ago in the West Newsmagazine article, and if Mr. Winters read it, that would have given him the information. Mr. Winters asked Alderman Hamill: “Do Hockensmith, McKinnis and Hamill represent Beattie and Associates for legal issues?” Alderman Hamill stated they do not represent Beattie and Associates. Regular Board of Aldermen 03/20/2017 Page 2  Mr. Winters stated: “I know it is a City Ordinance that City employees are not allowed to advertise their opinion when it comes to an aldermanic election by placing a sign in their yard. The Mayor has decided to place a sign in his yard, yet he is an ‘acting employee’ of the City at this time. Is he going against the City Ordinance?” Mr. Winters continued: “Although the Aldermen and City Staff may take our questions, comments and innuendos as personal, derogatory and snarky, you have to expect that from time to time. I have absolutely nothing to gain from this. I am not running for office and I am not being paid to ask these questions. I am simply asking questions to find out what the heck is going on in our City”. Mr. Winters addressed Attorney Gunn, stating: “Your analogy comment ‘When did I stop beating my wife?’, I think you could have chosen a more suitable analogy. I take it personally and I will never forget it, although I suppose I should expect that type of comment from time to time from some of you up there on the bench.” Attorney Gunn responded: “This only highlights the fact that you really don’t want to hear the answers to these questions. There is another agenda apparently. The record should reflect that the questions that were re-asked were similar to that kind of question, but not that question.” Mr. Lee Presser, 1140 Big Bend Station Drive, stated that he has had lots of successful dealings with the City of Manchester. He said in 2006, when he first met the City Clerk, he was asked to provide his e-mail and contact information for the trustee list. He said it is nonsense to say this list is somehow a public list, and he is sure there is an attorney who would say it is, but he is sure that there are attorneys who would say it isn’t, reconsidering what is public and private. He said he has nothing to hide, but he is concerned when something has a political tinge to it. He suggested to think carefully about this list, and think about whether it should be a public matter. 6. REPORTS FROM THE MAYOR a. Nomination of appointment of Jerome Meyer as a member of the Planning and Zoning Commission Mayor Willson stated that Jerry Meyer is very active with the City, and James Labit has decided to give up his seat after twelve years on the Planning and Zoning Commission. Mayor Willson said he would like to nominate Jerry Meyer to take that place on the Planning and Zoning Commission. Alderman Clement made the motion for Jerry Meyer to be a member of the Planning and Zoning Commission. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. b. Report regarding the “Employee Compensation Task Force” Mayor Willson stated he is on that task force, along with staff members and Alderman Clement, and they have been conducting meetings. They have talked with a company called CBIZ Benefits and Insurance Services, about a salary, compensation and benefits program for the City. He said that a meeting will be set up next week for the aldermen to meet with them and ask questions. It is a very nice proposal and encompasses a lot of information. They have done business for a number of cities and they are a nationally-known company. It will take the company a little while to perform the task. Regular Board of Aldermen 03/20/2017 Page 3  Alderman Clement said the points were addressed by this company, and it is a fairly lengthy document. He stated that it will give the City a broader glimpse of where we are today and where we may need to be in three or four years, as well. He said this company had done surveys for a lot of neighboring cities. He said this is a good start. c. Mayoral Report Mayor Willson reported on March 7, he attended the Police Academy graduation, and the same evening, he attended the 50-year anniversary of the Circle of Concern; he has been attending the Task Force meetings, he attended the Planning and Zoning meeting on March 13; and on March 17, he attended the Lafayette Mayor’s meeting with state representatives invited, but none of them came; and March 18 was the recycle event at the Park. Mayor Willson stated that today, Lieutenant Lancey, Chief Walsh and he went to Schubert’s Furniture, where awards were being given from the Federal Bureau of Investigation (FBI) and the Gary Sinese Foundation to Ballwin Officer Mike Flamion, the Hazelwood Police Officer and the gentleman from downtown who was shot at the Cardinals game. The Mayor said he would like an article and picture in the Manchester Message. 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of March 5 – March 17, 2017) There were no questions. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Clement stated at the meeting there were three items of business, all were text amendments. The communications towers, support structures issue was tabled, awaiting answers to questions. The second topic had to do with capping the number of massage therapists allowed in the City. The third topic had to do with a minor regulation with regard to residential rentals. b. Homecoming Committee Alderman Ottenad stated they have not had a meeting since the last Board of Aldermen meeting; the next meeting will be April 12 at 6:30 p.m. at the Legion Hall. c. Manchester Arts Alderman Clement stated there will be a photography show beginning this weekend at Manchester United Methodist Church. Winning photos will then be coming to the Police Department for display. 9. Action on Old Bills a. AN ORDINANCE APPROVING REZONING OF 825 SULPHUR SPRING Regular Board of Aldermen 03/20/2017 Page 4  Alderman Baumann read for the second time Bill # 17-2293, entitled: AN ORDINANCE REZONING A CERTAIN TRACT OF LAND SITUATED IN THE CITY OF MANCHESTER FROM "R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT TO "R-4" SINGLE-FAMILY RESIDENTIAL DISTRICT,” by title only. Alderman Baumann made the motion that Bill # 17-2293 become Ordinance # 17-2177. 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 – stepped out, temporarily absent Alderman Hamill - aye Mayor Willson reported the motion passed with a vote of 5 – 0, with no objections. b. AN ORDINANCE ADDING A NEW SECTION TO THE CODE OF ORDINANCES RELATING TO UNMANNED AIRCRAFT Alderman Hamill read for the second time Bill # 17-2294, entitled: “AN ORDINANCE ADDING A NEW SECTION 210.770 TO THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER, RELATING TO UNMANNED AIRCRAFT”, by title only. Alderman Hamill made the motion that Bill # 17-2294 become Ordinance # 17-2178. The motion was seconded by Alderman Clement. A poll of the Board showed: Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement - aye Alderman Stevens – stepped out, temporarily absent Alderman Hamill - aye Alderman Diehl – aye Mayor Willson reported the motion passed with a vote of 5 – 0, with no objections. 10. INTRODUCTION OF NEW BILLS a. RESOLUTION TO ACCEPT BID FOR CONSTRUCTION OF HENRY AVENUE IMPROVEMENTS Alderman Hamill introduced proposed Resolution # 17-0587, entitled: “A RESOLUTION ACCEPTING THE BID OF GERSHENSON CONSTRUCTION CO., INC. IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED EIGHTY-NINE THOUSAND FIVE HUNDRED EIGHTY-FIVE DOLLARS AND SEVENTY CENTS ($889,585.70) FOR CONSTRUCTION OF THE HENRY AVENUE IMPROVEMENTS PROJECT AND AUTHORIZING THE MAYOR OF Regular Board of Aldermen 03/20/2017 Page 5 THE CITY OF MANCHESTER TO ENTER INTO A CONTRACT THEREFOR, SUBJECT TO THE TERMS HEREOF”, by title only. Alderman Baumann asked when this project would get started. Director of Public Works Bob Ruck answered the timeline is spring into early fall. Alderman Hamill made the motion to approve Resolution # 17–0587. The motion was seconded by Alderman Clement and carried without objection. b. RESOLUTION TO ACCEPT BID FOR 2017 POOL MANAGEMENT OPERATIONS Alderman Diehl introduced proposed Resolution # 17-0588, entitled: “A RESOLUTION ACCEPTING THE BID OF MIDWEST POOL MANAGEMENT OF AMERICA, LTD IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND FIVE HUNDRED EIGHTY-EIGHT DOLLARS ($150,588.00) FOR ALL LABOR, MATERIALS, TOOLS AND EXPENDABLE EQUIPMENT NECESSARY FOR THE MANAGEMENT AND OPERATION OF THE MANCHESTER AQUATIC CENTER IN 2017, WITH AN OPTION FOR 2018 AND 2019, AND AUTHORIZING THE MAYOR OF THE CITY OF MANCHESTER TO ENTER INTO A CONTRACT THEREFOR”, by title only. Alderman Baumann stated that with the last contract, they had trouble with staffing and everything. He wondered if that is a pool management problem. Recreation Supervisor Stephanie Hardesty answered that is a problem at the end of the summer since most kids go back to school. There is a down turn in the industry. Alderman Diehl made the motion to approve Resolution # 17-0588. The motion was seconded by Alderman Hamill and carried without objection. c. BILL VACATING AN EASEMENT WHICH WAS FORMERLY PART OF CARMAN ROAD Alderman Clement introduced Bill 17-2295, entitled: “AN ORDINANCE VACATING A CERTAIN EASEMENT IN THE CITY OF MANCHESTER, MISSOURI, REFERRED TO FOR THESE PURPOSES AS THE BARRETT SCHOOL EASEMENT”, by title only. Alderman Clement asked if this is a request from Parkway. City Attorney Gunn stated it is at the request of Parkway. There is a little land they are trying to vacate. Mr. Steve Stirnemann, site engineer for the school, said that several years ago Carman Road was relocated to create a 90 degree intersection with Dougherty Ferry, but the right-of-way for the old roadway was never vacated. The school is requesting to do some upgrades to the parking area and playground, and in addition, Metropolitan Sewer District (MSD) is requiring construction of two bio-retention basins to meet water quality standards. The bio-retention basins are going to be located in what used to be the old right-of-way. Regular Board of Aldermen 03/20/2017 Page 6  There being no additional questions, there was no further action at this time. 11. MISCELLANEOUS a. Comments from the Public Mr. Bruce Katz, 105 Morewood Drive, Ward 3, stated he is very pleased that the City is considering the compensation and retaining of our citizens that work for the City and for the Police Department. He feels there is nothing more important than those professionals who work for our City, not excluding the Board. He said he is aware this will cost the City some more money, but he is in favor of a small increase in possibly refuse collection. He thinks most residents in Manchester would not complain at possibly $1 per month per residence to help fund the Police Department and the City employees, as far as wages and benefits. He wanted to suggest that the Department of Natural Resources has grants each year for cities, and those grants range up to $1 million per year for Parks and Recreation and for equipment to be given to the cities for any of those improvements. 12. EXECUTIVE SESSION: a. Closed Session: Pursuant to Section 610.021 (3) of the Revised Statutes of the State of Missouri pertaining to the hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about the employee is discussed or recorded. Alderman Hamill made the motion to go into Closed Session: Pursuant to Section 610.021 (3) of the Revised Statutes of the State of Missouri pertaining to the hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about the employee is discussed or recorded. 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 vote passed by 6 to 0, with no objection, 13. ADJOURNMENT At 8:18 p.m., after the Executive Session, there being no further business, Alderman Clement made the motion to adjourn. The motion was seconded by Alderman Hamill and carried 6 - 0, with no objection. The meeting adjourned at 8:18 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Regular Board of Aldermen 03/20/2017 Page 7 Note: This is a journal of the Board of Aldermen meeting of March 20, 2017 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen 03/20/2017 Page 8