Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF MONDAY, MAY 15, 2017 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A SPECIAL USE PERMIT FOR A FINANCIAL INSTITUTION WITH DRIVE-THROUGH FACILITIES AT 14200 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. 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, May 15, 2017 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: 17-SUP-002 Mark Naylor, The Roberts Group of KY, on behalf of Regions Bank – Corporate Real Estate, owner, is seeking approval of a Special Use Permit for a Financial Institution with drive-through facilities, to be located at 14200 Manchester Road. The property is 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. Speaking as a proponent, Mr. Lovell Foushee, representing the Robert’s Group of Kentucky, P.C., on behalf of Regions Bank, stated they are seeking approval of a Special Use Permit for a bank with a drive-through facility at 14200 Manchester Road. He said the property is .96 acres, and the plan is to build a 2,128 square foot building with three drive-through lanes with 15 parking spaces. He stated that the property is located on the corner of Enchanted Parkway and Manchester Road. There were no opponents. Alderman Ottenad stated she is excited something is going in there, because it has been vacant for years. She said it looks like there are two water basins; she wants to know if they will be Public Hearing – Financial Institution at 14200 Manchester Road - 05/15/2017 Page 1 dry or planted basins. Mr. Charles Hulse of Stock and Associates, consultants for Regions Bank, stated that the two basins are dry and will be planted. They are not meant to detain the water, just to filter it. Alderman Ottenad asked for the depth of the basins. Mr. Hulse stated the basins will be 12 to 18 inches deep. He said the 18 inch depth will be reached gradually, and there are no plans currently for any type of fencing, but there is landscaping being planned. He said the basin in the northwest corner is 15 feet wide by 25 feet long, and the one on the south side is 30 feet long by 15 feet wide. There was a discussion about the exterior materials and the look of the building. City Attorney Gunn called attention to a sentence in the Ordinance: “In addition, Holder shall take, during the course of any construction on the Site, all reasonable steps to protect the integrity of the concrete/driving surfaces immediately adjacent to the Site and at or near the intersection of Manchester Road (Highway 100) and Enchanted Parkway”. Mr. Hulse stated they are agreeable to the terms of the Ordinance. Alderman Clement stated the Planning and Zoning Commission sends this to the Board of Aldermen with their recommendation for approval. 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 Monday, May 15, 2017 regarding a Special Use Permit Request for a financial institution with drive-through facilities at 14200 Manchester Road (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing – Financial Institution at 14200 Manchester Road - 05/15/2017 Page 2  MINUTES OF THE PUBLIC HEARING OF MONDAY, MAY 15, 2017 AT 200 HIGHLANDS BOULEVARD DRIVE PERTAINING TO ZONING TEXT AMENDMENTS REGARDING COMMUNICATIONS ANTENNAS AND SUPPORT STRUCTURES Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:09 p.m. Roll call showed those present were Alderman Clement, 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, May 15, 2017 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: 16-TXT-008 - Zoning Text Amendments – Article IX of Chapter 405 of the Code of Ordinances of the City of Manchester regarding communications antennas and support structures.” 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. Director of Planning, Zoning, and Economic Development Melanie Rippetoe spoke as the Proponent. She stated that the purpose of this zoning text amendment is to bring the section of the City’s zoning regulations pertaining to telecommunication towers into compliance with recent changes in Statute. She advised that the changes were recommended by the City Attorney and reviewed by an attorney who specializes in telecommunications. These proposed amendments were reviewed by the Planning and Zoning Commission and received a positive recommendation. Alderman Clement said that, for the benefit of the attendees, he wanted to verify that the changes are being made to confirm federal changes in telecommunication laws. He said the towers can go in residential and commercial areas of the City. He asked about the five acre lots and residential lots. Public Hearing – Communications antennas and support structures - 05/15/2017 Page 1  City Attorney Gunn answered that it is not five acres for an individual lot. Alderman Ottenad asked if the change is what is currently stated for the churches, and Attorney Gunn replied that it is not. Alderman Clement asked if a request would come in for a tower and it meets the conditions that are in the new Ordinance, whether it would go through any scrutiny through the Planning and Zoning Commission and the Board of Aldermen. Director Rippetoe answered it depends on where it would be located. Alderman Clement stated the Planning and Zoning Commission sends this, with their recommendation, to the Board of Aldermen. Mayor Willson closed the public hearing at 7:17 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held May 15, 2017 regarding a Zoning Text Amendment regarding communications antennas and support structures, (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing – Communications antennas and support structures - 05/15/2017 Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, MAY 15, 2017 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor David L. Willson called the Regular Board of Aldermen meeting to order at 7:17 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. A quorum was present. 3. APPROVAL OF THE MINUTES a. Minutes of the Regular Board of Aldermen meeting of Monday, May 1, 2017 Alderman Clement made the motion to approve the Minutes of the Regular Board of Aldermen meeting of Monday, May 1, 2017. The motion was seconded by Alderman Hamill and carried unanimously, without objection. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Mayor Willson stated he would be introducing a couple boy scouts who are in the audience. Alderman Clement made the motion to approve the Order of the Items on the Agenda as amended. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Comments from the Public Mr. John Dodge, 977 Arbor Run Court, stated he would like to make a complaint about the noise from the new scoreboard at the Parkway South High School. He said in the last few weeks there have been many occasions when the sounds have been very loud for an extended period of time. Board of Aldermen 05/15/2017 Page 1  Alderman Clement asked if there is an issue again, if it would be correct that they could contact the police to come out and take a volume measurement. If it is exceeds the City’s limit, he was curious whether there would be a course of action. Chief Timothy Walsh answered he can hear it at his house and he is two blocks further east. He said they did send someone up during a track meet for a decibel reading and it was not all that high. They did not hear any music. He said there is another Ordinance that addresses the scoreboard itself. City Attorney Gunn stated there is a special Ordinance that was tailored to the Parkway South High School situation and puts constraints on the High School/District for the use of the score board. He said it sounds as though some of this was not consistent with the Ordinance. He said the best course, if there is possibly a violation of the Ordinance, is that a call should be made to the Police Department. 6. REPORTS FROM THE MAYOR a. Nomination of Nelson Nolte to fill the vacancy for Alderman, Ward One Alderman Hamill made the motion for Nelson Nolte to become the Alderman for Ward One to fill the current vacancy. The motion was seconded by Alderman Clement and carried 5 – 0, with no objections. City Clerk Ruth Baker administered the Oath of Office to Nelson Nolte. At this point, Alderman Nolte took his place at the dais for the balance of this meeting. b. Presentation to Alderman Baumann for completion of Economic Development Course Mayor Willson made a presentation to Alderman Baumann for his recent completion of the Economic Development Course. c. Proclamation honoring National Public Works Week: May 21-27 Mayor Willson presented Director Bob Ruck with a Proclamation honoring National Public Works Week. d. Mayoral Report Mayor Willson introduced Boy Scouts Brady Dyess and Joshua Garber of Troop 387 sponsored by St. John United Church of Christ. Mayor Willson reported that on May 3, there was a meeting at Parkway School District with City Administrators and Mayors in their district. They met with Dr. Marty and discussed upcoming issues and events. Later that afternoon, Director Tuberty and he met with the company that has been providing the City’s employees with dental insurance; on May 4 was the National Day of Prayer, Board of Aldermen 05/15/2017 Page 2 which was held upstairs at the Police Facility and it went very well, with attendance around 100. Mayor Willson stated that also in attendance for the National Day of Prayer were Aldermen Clement and Alderman Diehl. Mayor Willson reported that on May 8, he met with City Administrator Perney, on his first day. On May 11, Barrett’s School sponsored a First Responders Appreciation Event; on May 12, he attended the Lafayette Area Mayor’s Breakfast in Wildwood with superintendents of Parkway, Rockwood, and the Special School District. Later that morning, Chief Walsh and he went to St. Joseph’s School and presented a Proclamation to Ms. Dandino, Principal, who was retiring after 16 years. After that, he went to the “chain cutting” at Breakout Games. On May 13, instead of going to the 50th anniversary of the first graduating class of UMSL, he went to the Beer Fest instead. He said the beer fest was a big success, and they sold 525 tickets upfront and well over 100 at the door. He said they were told by attendees that this was the best venue yet. He said before coming to the meeting tonight, he presented an Eagle Scout Presentation at Schroeder Park to Eagle Scout R. J. Morrison, whose Eagle Project was working with the fourth graders at Carmen Woods School planting 20 trees. Mayor Willson asked Alderman Clement to speak about the efforts the Manchester United Methodist Church is doing to assist flood victims. Alderman Clement stated that on Friday and Saturday they were at the tail end of what the Church did/has done in the last two weeks. In 2015, when there was similar flooding, the Church was asked by the Red Cross to serve in a similar way. The Church was asked to be an overnight shelter and they have a very large fellowship hall space which they close off, and the Red Cross brings cots, and they provide food and have showers there. It was an overnight shelter for about 7 to 10 days. Some days there were just a few there, but on a couple other days there were about eight to ten flood victims there. Alderman Clement stated the Church dispersed over 1,000 clean up kits. He said his Church is very active when these type of tragedies hit. Mayor Willson asked Alderman Baumann to speak about the Beer Fest. Alderman Baumann stated that it was held this past Saturday, and there were 700 plus people in attendance. He expressed thanks to the Parks Department for setting it up and for the event running smoothly. He explained that the partner in this event was the Circle 7 Ranch. He said that Lafayette Industries provided plenty of volunteers to help do the pouring, and they sold non- alcoholic beverages along with some pretzels. Alderman Baumann stated that Lafayette Industries will also be getting a portion of the proceeds. The average age of attendees was between 30 and 60. It was a great event. 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of April 30 – May 13, 2017) Board of Aldermen 05/15/2017 Page 3  City Administrator Larry Perney thanked department heads for their graciousness in talking with him last week. He said it was a great first week, and he is excited to get started. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Clement discussed the Planning and Zoning Commission meeting on May 8. He said the first case was for MERS/Goodwill, and they will be doing some nice improvements to that facility. They will also be opening an access point off Henry Road to allow people to pull into the back of Goodwill, instead of going around. That was approved by the Planning and Zoning Commission. Alderman Clement stated the second case was for Suntrup Volvo, and they are wanting to do a major remodel of the dealership. He thinks it will very nice and high end. The new building will be visible when you are on Manchester Road., and the cars will be moved off to the side. Alderman Clement stated there was a site plan request for new single family home at 1225 John Ryan Lane, right off of Big Bend which is a new subdivision. Also, the Planning and Zoning Commission had a request for approval of a boundary adjustment that will be considered by the Board of Aldermen this evening, and that comes to the Board with the recommendation from the Planning and Zoning Commission. b. Homecoming Committee Alderman Ottenad stated there was a meeting on May 10. She stated that there will be a meeting on June 14, with a potluck dinner, and for those attending, she asked that the committee members wear their Homecoming shirts for the picture. Alderman Ottenad stated she had been out of town for the last meeting, so she asked Alderman Baumann to report. Alderman Baumann reported that the theme this year will be a pirate theme, and they had an opportunity to try out a rum punch. He added that Director Collins is choosing a location for the picture, possibly where the children are walking across the log at the front entrance of the park. c. Manchester Arts There was no report. 9. ACTION ON OLD BILLS a. There were none. 10. INTRODUCTION OF NEW BILLS a. BILL APPROVING STP – URBAN PROGRAM AGREEMENT FOR THE HOWARD GEORGE DRIVE BRIDGE DECK Alderman Hamill introduced Bill # 17-2301, entitled: “AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO ENTER INTO AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Board of Aldermen 05/15/2017 Page 4 IN CONNECTION WITH A FEDERAL AID PROJECT RELATING TO THE RECONSTRUCTION OF THE HOWARD GEORGE DRIVE BRIDGE DECK IN THE CITY OF MANCHESTER”, by title only. No further action at this time. b. BILL APPROVING THE BOUNDARY ADJUSTMENT PLAT OF LOTS 3 AND 4 OF TUMULTY SUBURBAN ACRES SUBDIVISION Alderman Baumann introduced Bill # 17-2302, entitled: “AN ORDINANCE APPROVING THE BOUNDARY ADJUSTMENT PLAT OF LOTS 3 AND 4 OF TUMULTY SUBURBAN ACRES SUBDIVISION IN THE CITY OF MANCHESTER, MISSOURI, SUBJECT TO CERTAIN CONDITIONS”, by title only. Alderman Baumann stated that Emergency Legislation had been requested by the applicant, so he made a motion for approval of Emergency Legislation. The motion was seconded by Alderman Clement and carried unanimously, without objection. Alderman Baumann read Bill # 17-2302 for the second time, entitled: “AN ORDINANCE APPROVING THE BOUNDARY ADJUSTMENT PLAT OF LOTS 3 AND 4 OF TUMULTY SUBURBAN ACRES SUBDIVISION IN THE CITY OF MANCHESTER, MISSOURI, SUBJECT TO CERTAIN CONDITIONS”, by title only. Alderman Baumann made the motion that Bill # 17-2302 become Ordinance # 17-2185. 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 Nolte – aye Alderman Hamill - aye Mayor Willson reported the motion passed with a vote of 6 – 0, with no objections. c. BILL APPROVING A SPECIAL USE PERMIT FOR A FINANCIAL INSTITUTION WITH DRIVE-THROUGH FACILITIES AT 14200 MANCHESTER ROAD Alderman Ottenad introduced Bill # 17-2303, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO REGIONS BANK, INC. TO OPERATE A BANKING INSTITUTION, WITH A DRIVE-THRU FACILITY, AT 14200 MANCHESTER ROAD AS PROVIDED FOR IN ARTICLE V, SECTION 405.240 (C)(30) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. No further action at this time. Board of Aldermen 05/15/2017 Page 5  d. BILL APPROVING A TEXT AMENDMENT TO THE CITY’S CODE OF ORDINANCES REGARDING COMMUNICATIONS ANTENNAS AND SUPPORT STRUCTURES Alderman Clement introduced Bill # 17-2304, entitled: “AN ORDINANCE TOTALLY AMENDING ARTICLE IX OF CHAPTER 405 OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER REGARDING COMMUNICATIONS ANTENNAS AND SUPPORT STRUCTURES”, by title only. No further action at this time. e. RESOLUTION APPROVING ATTORNEY RETAINER AGREEMENT FOR TELECOMMUNICATION LICENSE TAX DISPUTES Alderman Diehl read proposed Resolution # 17-0595, entitled: “A RESOLUTION APPROVING AN ATTORNEY RETAINER AGREEMENT REGARDING DISPUTES CONCERNING TELECOMMUNICATIONS LICENSE TAXES”, by title only. Alderman Diehl made the motion to approve Resolution # 17-0595. The motion was seconded by Alderman Clement and carried unanimously, without objection. f. RESOLUTION ACCEPTING THE SERVICES OF GUARDIAN LIFE INSURANCE COMPANY FOR EMPLOYEE DENTAL INSURANCE AND LONG-TERM DISABILITY COVERAGE FOR EMPLOYEES Alderman Diehl read Proposed Resolution # 17-0596, entitled: “A RESOLUTION ACCEPTING SERVICES OF THE GUARDIAN LIFE INSURANCE COMPANY FOR DENTAL INSURANCE COVERAGE AND LONG-TERM DISABILITY COVERAGE FOR THE EMPLOYEES OF THE CITY OF MANCHESTER FOR THE PERIOD OF JUNE 1, 2017 THROUGH MAY 31, 2018”, by title only. Alderman Diehl made the motion to approve Resolution # 17-0596. The motion was seconded by Alderman Clement and carried unanimously, without objection. 11. MISCELLANEOUS a. Comments from the Public Mr. Daniel O’Brien, 512 Glan Tai Drive, stated that he would hope that things turn out well for Sergeant Waterhouse. He asked what the citizens can do to support Sergeant Waterhouse because she does so many things for the City. He said she devotes so much time of her off-duty time to the City of Manchester, so he thinks something should be done for her, and he would help with whatever is needed. Alderman Clement answered there is a “Go Fund Me” account. Mr. O’Brien stated he thinks something in addition to the account should be done for her. Mr. O’Brien asked where the entrance is going to be for the back of MERS/Goodwill off Henry. Board of Aldermen 05/15/2017 Page 6  Alderman Clement stated it will be just north of the “dog leg” across from Ken Aston’s property. He said it appears to go straight from Henry to the back of MERS/Goodwill, and it will enter the rear of MERS/Goodwill. Mr. O’Brien stated he has no problem if it is behind the building and to be used as an access for their delivery trucks. Mr. O’Brien asked for an update on Henry Road. Director of Public Works Bob Ruck stated there was a meeting with the contractor last week and there was a notice to proceed issued effective tomorrow. He said they are still working on utility issues on the south end, and they expect to be done around late September or the beginning of October. 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 Baumann – aye Alderman Ottenad – aye Alderman Clement – aye Alderman Nolte – aye Alderman Hamill – aye Alderman Diehl – aye Mayor Willson reported the motion passed with a vote of 6 – 0, with no objections. 13. ADJOURNMENT At 8:20 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 8:20 p.m. Board of Aldermen 05/15/2017 Page 7 Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Board of Aldermen meeting held May 15, 2017 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Board of Aldermen 05/15/2017 Page 8