Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF MONDAY, JUNE 5, 2017 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 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 Nolte, 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 to discuss the allocation of $24,300 in Community Development Block Grant Funds which will become available on or after January 1, 2018. The public hearing will be held at 7:00 p.m. on June 5, 2017 at the City of Manchester Police Facility at 200 Highlands Boulevard Drive, Manchester MO 63011.” Mayor Willson stated that first we would hear from the proponents, then any opponents, comments from the members of the Board of Aldermen and Staff, and comments from the public. Mayor Willson called for proponents. City Administrator Larry Perney stated this is the 31st year that the City has participated in the Community Block Grant that is coordinated through St. Louis County. He explained that it is for rehabilitated residences and that there is a five-year forgivable loan if the property owner lives in the residence for five years. The consensus of the members of the Board of Aldermen was to proceed with the City of Manchester’s application for the allocation of $24,300 in Community Development Block Grant Funding. Mayor Willson closed the Public Hearing at 7:05 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Public Hearing-06/05/2017-Community Development Block Grant Page 1 Note: The “Public Hearing” handout regarding the Community Development Block Grant Program was distributed to attendees of the Public Hearing, along with a copy of the meeting Agenda. This is a journal of the Public Hearing held Monday, June 5, 2017 (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing-06/05/2017-Community Development Block Grant Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, JUNE 5, 2017 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:05 p.m. 2. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Clement, Alderman Nolte, 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, May 15, 2017 regarding a Special Use Permit Request for a financial institution with drive-through facilities at 14200 Manchester Alderman Clement made the motion to approve the Minutes of the Public Hearing of Monday, May 15, 2017, regarding a Special Use Permit Request for a financial institution at 14200 Manchester. The motion was seconded by Alderman Hamill, and carried unanimously, without objection. b. Minutes of the Public Hearing of Monday, May 15, 2017 regarding a zoning text amendment regarding communications antennas and support structures Alderman Clement made the motion to approve the Minutes of the Public Hearing of Monday, May 15 2017, regarding a zoning text amendment regarding communications antennas and support structures. The motion was seconded by Alderman Hamill, and carried unanimously, without objection. c. Minutes of the Regular Board of Aldermen meeting of Monday, May 15, 2017 Alderman Ottenad made the motion to approve the Minutes of the Regular Board of Aldermen meeting of Monday, May 15, 2017. The motion was seconded by Alderman Hamill and carried unanimously, without objection. Regular Board of Aldermen 06/05/2017 Page 1 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Mayor Willson stated that he wanted to add to the agenda introductions of two Boy Scouts. Alderman Clement made the motion to approve the Order of Items on the Agenda as amended. The motion was seconded by Alderman Ottenad and carried unanimously. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Liquor License Renewals Alderman Hamill made the motion to approve the following liquor license renewal applications. The motion was seconded by Alderman Clement and carried unanimously, without objection. 1. Costco Wholesale 2. Debz Corner 3. Dierberg’s, with wine tasting permit 4. Discount Liquors 5. El Maguey 6. El Nopal 7. Joey B’s Food and Drink 8. Lazy River Grill 9. Manchester Athletic Association 10. Manee Thai 11. Monsoon 12. Petro Mart – Manchester Road 13. Petro Mart # 73 – Meramec Station Road 14. Randall’s Wine and Spirits 15. St. Joseph Church 16. Tucker’s Place West 17. Walgreens 18. Walmart 19. Walter Le Pere American Legion Post 208, including licenses for booths at the Annual Homecoming Festival 20. Westchester Tennis & Sports Center b. New Liquor License 1. Pan-Asia Market II, LLC Alderman Clement made the motion to approve the new liquor license for Pan-Asia Market, II, LLC, subject to finalization of requirements for, and the City issuing, a business license for that location. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. c. Introduction of Boy Scouts Regular Board of Aldermen 06/05/2017 Page 2  Mayor Willson introduced Boy Scout Jack Conway from Troop 751, sponsored by St. Joseph’s Church. Boy Scout Conway is working on his “Citizenship in the Community” merit badge. The Mayor also introduced Boy Scout Luke Horvatch from Troop 680, sponsored by Sacred Heart. Boy Scout Horvatch is also working on his “Citizenship in the Community” merit badge. d. Comments from the Public Mr. Tom Phillips, 955 Hannafield Court, stated he wanted to thank the City officials for being here to help. As President of the Victoria Place Subdivision Trustees, he was made aware of possible construction 616 Hanna Road. The owner of that property stated that McBride and Sons was going to purchase his property for the purpose of building two homes that would enter and exit on Hannafield Court. He said that in order to do this, McBride would have to resurvey the common ground and McBride already had the property surveyed. He shared a plot survey that showed the common ground is the City of Manchester’s property for the use of public service. Mr. Phillips stated he has been here since 1985, the common ground was grassy and rough and the ground was never disturbed. He believes this dedication of this strip of property did not apply, as the rest of the easements did apply. Mr. Phillips stated that in 1986, it was explained to them that all common ground was the property of the Victoria Place Subdivision Trustees, and they were to maintain the common ground; it was their responsibility. The residents believe they own the common ground. He stated that he received an e-mail from Alderman Hamill which stated that he believed the City of Manchester owned the common ground as it was dedicated to the City when the subdivision was created. Mr. Phillips stated he hopes the City of Manchester will deed the property to Victoria Place Subdivision. Alderman Clement stated he wanted to verify whether that the objection is for McBride to build two homes in that parcel, or if the common ground is the argument. Mr. Phillips stated the common ground is the argument. He said they have taken care of that property and they believe they should own it. He said control by ownership he would like to see. Alderman Clement wanted to make sure he does not have objection to a single family home on that property. Mr. Phillips stated that most of the subdivision would like to see a half million dollar home in there. Remarks from unidentified individuals in the audience indicated the residents wanted to keep it common ground. Mr. Mark Licata, 911 Hannafield Court, stated he lives right next to the property, and they don’t object to an individual property on that land facing Hanna Road not Hannafield. He said they are not part of the subdivision, and they have taken care of the property for 30 years. Alderman Hamill asked if the current house faces Hanna Road. Mr. Licata answered that it does; it is not part of their subdivision. Alderman Ottenad stated what she doesn’t understand is whether the Board of Aldermen, the Planning and Zoning Commission, or both would be involved in this decision. Regular Board of Aldermen 06/05/2017 Page 3  City Attorney Gunn stated that would depend on the course of action. G.S. Drazic, 917 Hannafield Court, asked if this property has been willed to the City of Manchester and they have to negotiate with the City, or whether they need to go down to St. Louis County and apply for ownership. City Attorney Gunn stated he has seen a portion of the Plat, and the Plat he has seen of the portion of property they are discussing is a public right away. Mr. Drazic asked if Manchester has jurisdiction over it, and City Attorney Gunn answered that it does. City Attorney Gunn stated he would need to look into this property situation more. Mr. John Mulholland, 101 Pleasant View Drive, stated he has a complaint of zoning violations at 14633 Manchester Road which is Audio Express. They are the tenant of the property. His complaint is when he purchased the property there was a green barrier that goes along his driveway and a wood fence. Since the time of buying the house, the green barrier has deteriorated, and he has taken most of it down. He has spoken with the Planning and Zoning Department, and there is only a one year compliance for that green border to be up, so it is gone along with the fence, for about 15 months now. He has spoken with the City and Alderman Diehl and Alderman Baumann, and never really gotten any information back on what can be done. Mr. Mulholland stated there are also a couple dead trees standing on the property. He said the fallen tree has been there about 15 months. He stated without the privacy fence, if he is trying to enjoy the outdoors in his backyard, he is facing the bays of Audio Express with the workers outside smoking and gawking at him. Mr. Mullholland stated the parking lot has a retaining wall that has a bunch of invasive vegetation and trees growing it. He said his fear is when the wall goes, which it will because of the trees growing in it, whether the City is going to continue to do what it has been doing and let it fall and not make them put it back. City Attorney Gunn asked if the privacy fence was on top of the wall. Mr. Mullholland answered that it was, and it was a wood fence. He said there is still some of the fence on the property that they have piecemealed it in their dumpster from time to time. Most of the fence has fallen down in his yard. City Attorney Gunn asked if Audio Express was there when he bought his home, or whether he was there, and then Audio Express came in. Mr. Mullholland answered the building was there when he bought his property, and the fence and the green barrier was up. He stated that he has since planted items on his property trying to establish a green barrier. Alderman Nolte asked if Mr. Mullholland has spoken to anyone over there. Mr. Mullholland answered that he had spoken to the manager once, and asked him when the fence was going to be fixed and was told “we will see.” He said he then reached out to Audio Express nationally, and he tracked down a name of a woman and left a message, but he has never heard back. He has not approached the property owner; he believes that they live in Manchester. Regular Board of Aldermen 06/05/2017 Page 4  Alderman Ottenad stated she is not understanding why Code Enforcement or Planning and Zoning can’t do anything for this man. City Administrator Larry Perney stated the City will look into this, and determine whatever code violations there are, and the City will contact them if there are any code violations. They will talk to the City Attorney to determine what the barrier is and what the City can legally do. Mr. Mullholland stated he is concerned with the privacy fence more so than the green barrier. 6. REPORTS FROM THE MAYOR a. Mayoral Report Mayor Willson reported May 17, he attended the Public Works luncheon; on May 19, along with City Administrator Perney, he went to the government affairs transportation forum; On May 22, he attended the Planning and Zoning Commission meeting; on May 26, along with City Administrator Perney, he attended the grand re-opening of Walmart, and Walmart donated to local charities like “Shop with a Cop” and “Special Olympics”. Mayor Willson stated he attended the Special Olympics annual dinner at Tuckers; on May 26 he enjoyed the First Friday Coffee at the Army Recruiter location, and on Friday night he attended the concert which was well attended. Mayor Willson stated he received a letter from Nancy Venezia, thanking the City for hosting the National Day of Prayer. He said there was a nice turnout, and they are hoping they can continue to have the event inside the Board/Court room where it was a lot more comfortable and everyone can hear better. 1. Letter of Thanks from the Mayor of Valley Park Mayor Willson stated the City received a letter from the Mayor of Valley Park in regards to donating sandwiches for their employees during the flood. 2. Additional “Comment from the Public” An unidentified woman interrupted at this time. She stated that she is a resident of Victoria Place, and she, along with others, have come for a resolution for their complaint. She would like to know what they can expect. City Attorney Gunn stated there will not be a resolution this evening but they will be working on this the next few days and will be getting back to them. He will be looking into the plot survey and figuring out the ownership of the property in question. 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of January 1 – January 14, 2017) There were no questions. b. Conflict of Policy for Prosecuting Attorney Regular Board of Aldermen 06/05/2017 Page 5  City Attorney Gunn stated that in September, 2016, the Circuit Court of Appeals issued an opinion regarding the liabilities and authorities of the Prosecuting Attorneys, and while that opinion did not suggest or state that the cities should or should not have a conflict of interest policy with the Prosecuting Attorney, as interpreted by himself and other City Attorneys, it is opined that a policy is appropriate. He said that he, along with the Prosecuting Attorney, prepared such a policy. City Administrator Larry Perney acknowledged Ms. Francee Luther, who called and suggested that something should be done for our sister city: Manchester, England. He said that in doing some research, he found that they are not a sister, but a namesake city, and he wanted to give her credit for coming up with a great idea. City Administrator Perney stated Alderman Clement sent him an e-mail about a story that involved the City of Wildwood and the post office. He wanted to give an update, they were able to get the post office to get the City of Wildwood on their zip codes, they were getting mail with all different city names because of all the zip codes they have. He said he contacted the City of Wildwood’s City Administrator and received the contact information for the St. Louis Administrative Office, Gail Bell, and now there will be assignment of Manchester overrides at the street level for Manchester as well. Alderman Clement asked when this would take effect. City Administrator Perney answered that it would be this coming week. City Administrator Perney discussed the Disability Act of 1990, and stated it requires cities to do a self-evaluation of facilities to be entitled to state and local government funds, which Manchester has done. He said that now Manchester is in Phase Two of the transition plan detailing how the organization would assure sidewalks within the public right aways are assessable to individuals. He said they should have a plan and policy in place by the next meeting. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Clement reported that on May 22 there was one item of business, a Special Use Permit for Manee Thai, which is a long time Thai restaurant in Manchester. They have plans for outdoor seating and to serve alcohol in that space. Alderman Clement stated the Planning and Zoning Commission sends this to the Board of Aldermen with their recommendation. b. Homecoming Committee Alderman Ottenad stated the next meeting will be June 14th. It will be their annual potluck dinner along with their Homecoming picture. c. Manchester Arts Alderman Baumann stated the Manchester Arts Photo Show “Global Cultures Exhibition” drop off is next week. He said there were 38 submissions and 14 arts were chosen. He stated that the “Global Culture Exhibition” opens May 29 and runs through July 21. This week was the first rehearsal for the Community Band, the first concert will be on Father’s Day, June 18, beginning at 6:30 p.m. Regular Board of Aldermen 06/05/2017 Page 6  Alderman Baumann stated that Kat Douglas was named to the advisory committee “Creative Communities Alliance”, which is a regional municipal league with representatives from 15 local communities. 9. ACTION ON OLD BILLS a. AN ORDINANCE APPROVING STP - URBAN PROGRAM AGREEMENT FOR THE HOWARD GEORGE DRIVE BRIDGE DECK Alderman Hamill read for the second time 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 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. Alderman Hamill made the motion that Bill # 17-2301 become Ordinance # 17-2186. The motion was seconded by Alderman Clement. A poll of the Board showed: Alderman Nolte -aye Alderman Hamill - aye Alderman Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement - aye Mayor Willson reported the motion passed with a vote of 6 – 0, with no objections. b. AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A FINANICAL INSTITUTION WITH DRIVE-THROUGH FACILITIES AT 14200 MANCHESTER ROAD Alderman Ottenad read for the second time 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 ORDINACES OF THE CITY OF MANCHESTER”, by title only. Alderman Otteand asked a question about the wording in Section 4, “….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”. She asked for an explanation. City Attorney Gunn answered that the City isn’t really asking them to take any extra steps, this is what they would normally do. Regular Board of Aldermen 06/05/2017 Page 7  Alderman Ottenad made the motion that Bill # 17-2303 become Ordinance # 17-2187. The motion was seconded by Alderman Hamill. A poll of the Board showed: Alderman Hamill - aye Alderman Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement – aye Alderman Nolte -aye Mayor Willson reported the motion passed with a vote of 6 – 0, with no objections. c. AN ORDINANCE APPROVING A TEXT AMENDMENT TO THE CITY’S CODE OF ORDINACES REGARDING COMMUNICATIONS ANTENNAS AND SUPPORT STRUCTURES Alderman Clement read for the second time 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. Alderman Clement made the motion that Bill # 17-2304 become Ordinance # 17-2188. The motion was seconded by Alderman Ottenad. 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. 10. INTRODUCTION OF NEW BILLS a. There were none. 11. MISCELLANEOUS a. Comments from the Public There were none. 13. ADJOURNMENT Regular Board of Aldermen 06/05/2017 Page 8  At 7:55 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 7:55 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Board of Aldermen meeting held Monday, January 17, 2017 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen 06/05/2017 Page 9