Board of Aldermen

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, JULY 17, 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 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, June 19, 2017 regarding a Special Use Permit for a standard restaurant that serves alcohol, with outside dining at 481 Lafayette Center Alderman Hamill made the motion to approve the Minutes of the Public Hearing of Monday, June 19, 2017 regarding a Special Use Permit for a standard restaurant that serves alcohol, with outside dining at 481 Lafayette Center. The motion was seconded by Alderman Clement and carried unanimously, without objection. b. Regular Board of Aldermen meeting of Monday, June 19, 2017 Alderman Clement made the motion to approve the Minutes of the Regular Board of Aldermen meeting of Monday, June 19, 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 had an amendment to the agenda. He would be introducing a boy scout this evening during the meeting. Regular Board of Aldermen 07/17/2017 Page 1  Alderman Clement made the motion to approve the Order of Items on the Agenda as amended. The motion was seconded by Alderman Hamill, and carried unanimously, without objection. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Presentation by John Maslowski, Vice President of Renovate America regarding the Missouri Clean Energy Program Mr. John Maslowski stated he is representing the Missouri Clean Energy District, a political subdivision in the State of Missouri in partnership with the Renovate America HERO program. Mr. Maslowski stated that the Missouri Clean Energy District has authority under the state law of the State of Missouri for PACE, Property Assessed Clean Energy, transactions, a funding mechanism designed for improvement of residential and commercial property, including energy efficient air conditioning, insulated doors and windows, and roofs, paid through an annual voluntary assessment on the commercial or homeowner’s property tax. The name of the PACE voluntary financing plan is HERO, which is a state-of-the-art technology and financing platform for property owners to access this PACE financing. The goal is to partner with the City of Manchester to help the City, its residents, and property owners to achieve economic development, job creation and environmental and energy goals. Mr. Maslowski stated that the HERO program has partnered nationally with more than 500 local governments over more than six years, with a strong track record that represents the value being created in the community. He said the Missouri Clean Energy District has 85 cities and counties as member communities throughout Missouri, including Ballwin, and 24 additional cities in St. Louis County since they began offering HERO in November. Mr. Maslowski said the map of the metro area shows the areas in St. Louis County, and also included are all of St. Charles County, all of Franklin County, and all of Jefferson County where they started offering HERO in November. Mr. Maslowski continued by saying the program would benefit the City of Manchester by utilizing local contractors, creating economic development and leveraging the most comprehensive set of consumer protections for any form of consumer financing in the country and to help homeowners reduce energy bills and help the City of Manchester meet its clean energy goals. Also, Mr. Maslowski emphasized that there is no cost, no liability, and no administrative burden to the City by joining the district. He said that by joining the Missouri Clean Energy District, which consists of other member cities and counties in Missouri, the City authorizes PACE financing in the community per Missouri State Statute and provides a service to property owners to give them another voluntary financing option to improve their homes and buildings through local contractors. He said this provides the foundation for economic development, job creation, and energy and environmental benefits throughout the community. He said they look forward to being an ongoing resource for the City of Manchester residences and businesses. Alderman Clement asked if they are basically a provider of loans or monies that residents can use to make their residences more efficient, and he also asked about interest rates. Regular Board of Aldermen 07/17/2017 Page 2  Mr. Maslowski confirmed that this is a financing opportunity, and the interest rates vary from 3.49% to 8.99%, primarily depending on terms, with up to 20 years financing available. Alderman Clement asked for clarification that Manchester is not part of the program, and Mr. Maslowski stated that was true. Alderman Diehl stated that Ameren rebates are available, too, to promote energy efficiency. Mr. Maslowski responded that he is presenting, along with Ameren, at a couple of their renewable energy summits throughout the state in the next couple months. Mr. Maslowski stated that the property owner would contact their own contractor, and PACE would handle the research to make sure that it is a trusted contractor who has a proven track record. PACE financing is single source financing; it is only to be used for those products that meet federal and state requirements for energy efficient uses. Answering Alderman Clement’s question about monies available for PACE financing, Mr. Maslowski stated that the Missouri Clean Energy District issues taxable bonds through the Municipal Bond Market. b. Comments from the Public Ms. Sharon Owens, 107 Baxter Acres Drive, said she was at the meeting to promote a fundraiser for the benefit of Sergeant Sheree Waterhouse, who had been injured in a serious accident in Union, Missouri. She stated that the event is a combined silent auction and fried chicken dinner, and 100% of the proceeds will go to Sergeant Waterhouse to help pay medical bills. She said the expenses of this event are not being deducted from the proceeds; they aren’t even paying for the chicken or other supplies. She said there will be great fried chicken at the American Legion Post 208, along with mashed potatoes, cream gravy, green beans, salad, applesauce and rolls. Ms. Owens advised that the fundraiser will be held on August 5 from 3:00 – 8:00 pm, a five-hour fundraiser. She asked for support for local police officers. 6. REPORTS FROM THE MAYOR a. Introduction of Boy Scout Mayor Willson introduced Nick Dolson from Boy Scout Troop 783, who is working on his Communications Merit Badge for the rank of Eagle Scout. So far, he has earned more than 20 merit badges. b. Mayoral Report Mayor Willson discussed the July 4 fireworks display, and stated that he spoke with a group who were from the United Kingdom. Mayor Willson reported that on July 5, City Administrator Perney and he had a one-hour interview with an Eagle Scout. The Planning and Zoning meeting was held on July 10; there was a work session on July 11, and the tenth annual 50-year resident lunch was held on July 12 at Lazy River Grill. Mayor Willson stated that on July 13 he attended the staff meeting, and also City Administrator Perney and he went to the ribbon cutting for the Diamond Shop. He advised that the Hair Saloon will be moving to a location in Lafayette Center. Mayor Willson stated that during the evening of July 13, the “Big Trucks” program was held. He stated Regular Board of Aldermen 07/17/2017 Page 3 that more than 200 people attended, and it was a nice event. Parkway had one of their new 75-seat busses on display. Mayor Willson reported that on Friday, Lafayette Industries had their annual “Hot Dog Day”, with staff and first responders in attendance. Mayor Willson stated that on Saturday, the recycling event went off well with 271 participants and 24,725 pounds of recycling, including televisions, electronics, and appliances. The City is gearing up for the shredding event in October. Mayor Willson advised that the City had received a “thank you” letter from Lafayette Industries for the contribution of monies realized from the BeerFest held at Paul Schroeder Park. 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of June 18 – July 15, 2017) There were no questions. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Clement stated they had three cases on July 10. One included a site plan at Dennison Estates Drive, the second one is going to be a large nice new home on Joyce Ann, and the third is an amendment to the Special Use Permit for the fruit stand. b. Homecoming Committee Alderman Ottenad reported that the Homecoming Committee met at 6:30 p.m. on July 12 at the Legion Hall, and they were told that West Newsmagazine will highlight Homecoming in their August 23 issue, together with coverage in depth of Homecoming on September 6. She stated that the Homecoming Committee has received 63 donations so far for the mini hour raffles that happen during the day and five donations for the big raffles. She reported that the “Business of the Year” is Tucker’s, and they deserve to be honored. Alderman Ottenad advised that there are 23 food and game booths so far, of which five are new booths. She stated that the next meeting will be on August 23 at the Legion Hall. c. Manchester Arts Alderman Baumann reported that last week Manchester Arts installed the first of four new Little Free Libraries, which are “take a book, return a book” boxes in the community. The first two were designed and built by Eagle Scout Casey Lane from Troop 801 and co-stewarded by Kaylin Day, a student at Parkway Southwest Middle School, who collected more than 400 books for the new libraries. Alderman Baumann reported that Manchester Arts is now in preparation for the next art gallery exhibit, which is “Escape: Land and Water”, featuring 24 regional artists with landscape themes, images, and sculptures. He advised that the show will open August 4 at the Police Facility. Alderman Baumann reported that this Sunday will be the second of three concerts by the Manchester Community Band. The evening’s theme is “Fanfares and Processions”, featuring music written to inspire and energize listeners. The concert begins at 6:30 p.m. at Schroeder Park, with Regular Board of Aldermen 07/17/2017 Page 4 guest Master of Ceremonies Cindy Preszler. He said there will also be tasty treats from Kona Ice and the STL BLT food trucks. 9. ACTION ON OLD BILLS a. There were none. 10. INTRODUCTION OF NEW BILLS a. RESOLUTION ACCEPTING BID FOR STREET PAINT STRIPING SERVICES Alderman Diehl read proposed Resolution # 17-0597, entitled: “A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO ENTER INTO AN AGREEMENT WITH AMERICA’S PARKING REMARKING, INC. IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND FOUR HUNDRED SEVENTY- SEVEN DOLLARS ($25,477.00) FOR STREET PAINT STRIPING SERVICES FOR 2017”, by title only. Alderman Diehl made the motion for approval of Resolution # 17-0597. The motion was seconded by Aldermen Clement and Hamill simultaneously and carried unanimously, without objection. b. RESOLUTION ACCEPTING BID FOR THE 2017 ASPHALT OVERLAY PROJECT Alderman Nolte read proposed Resolution # 17-0598, entitled: “A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO ENTER INTO AN AGREEMENT WITH GERSHENSON CONSTRUCTION CO., INC. IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-EIGHT THOUSAND THREE HUNDRED THIRTY-FOUR DOLLARS AND SEVENTY CENTS ($148,334.70), WHICH INCLUDES A FIVE PERCENT (5%) CHANGE ORDER IN THE AMOUNT OF SEVEN THOUSAND SIXTY- THREE DOLLARS AND FIFTY-FIVE CENTS ($7,063.55) TO BE USED FOR UNFORESEEN WORK CONDITIONS, FOR THE 2017 ASPHALT OVERLAY PROJECT”, by title only. Alderman Baumann asked about the length of road to be done, and Director Ruck answered that he did not have the exact length, but the road runs from Old 141 to Manchester Road. Alderman Nolte made the motion for approval of Resolution # 17-0598. The motion was seconded by Alderman Hamill and carried unanimously, without objection. c. BILL JOINING THE MISSOURI CLEAN ENERGY DISTRICT Alderman Ottenad introduced Bill # 17-2307, entitled: “AN ORDINANCE ENABLING THE CITY OF MANCHESTER, MISSOURI, TO JOIN THE MISSOURI CLEAN ENERGY DISTRICT PURSUANT TO MISSOURI STATUTE, AND STATING THE TERMS UNDER WHICH THE CITY WILL CONDUCT ACTIVITIES AS A MEMBER OF SAID DISTRICT”, by title only. No further action at this time. Regular Board of Aldermen 07/17/2017 Page 5  d. BILL AMENDING THE CODE OF ORDINANCES RELATING TO CARE AND MAINTENANCE OF TREES Alderman Clement introduced Bill # 17-2308, entitled: “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER BY ADDING THERETO A NEW CHAPTER 250 RELATING TO THE CARE AND MAINTENANCE OF TREES WITHIN THE CITY’S RIGHTS-OF-WAY AND PARKS AND, FURTHER, ESTABLISHING REGULATIONS FOR TREES IN BOTH RESIDENTIAL AND COMMERCIAL DEVELOPMENTS, WITHIN THE CITY OF MANCHESTER”, by title only. Alderman Clement asked for verification that a tree removal permit is required only for development, no permit is required if a resident is taking a tree out. Director Rippetoe stated that is true. Alderman Clement said where there is common ground, it is considered that the Homeowner Association is the owner and they are responsible. He then asked if Homeowners Associations were notified about the problems with ash trees; he said there are some ash trees in the common ground. He also asked if there is any requirement if the homeowner is removing the trees themselves, instead of hiring a contractor. Director Ruck stated he did not recall any notices going to the Homeowners Associations, as the inventory identified trees that were residential based. Director Ruck said he would have to check the inventory, if he is advised of a specific area involved. He stated that the City recommends to everyone that they hire someone who is a licensed arborist and that they carry the right amount of insurance. Alderman Clement asked about the Tree Packet, and Director Ruck stated that the information would be on the website, and some copies may also be printed. Alderman Clement stated that there is a comment about the City having the right to prune or remove trees, and he wanted to know if the homeowner was going to be required to remove a tree if it encroaches on a sidewalk. Director Ruck stated that the recommendation from the Department of Conservation is to straight cut the root in circumstances where there is an encroachment on a sidewalk. Alderman Clement asked about stumps left in public right-of-way before this Ordinance is passed, whether the homeowner is going to be forced to remove it. Director Rippetoe answered that technically yes, the City does have that right. She said they do receive a lot of complaints about tree stumps. Attorney Gunn commented that if it is a safety hazard, it would be important that the stump be removed. Alderman Ottenad asked about a neighbor calling about another neighbor. Regular Board of Aldermen 07/17/2017 Page 6  Director Rippetoe said the City would enforce the Ordinance if there is a safety hazard or the City receives a complaint. Alderman Clement asked about finding a tree service to grind down stumps. He asked if the City would give the names of approved companies. Attorney Gunn said the City’s function is not to recommend contractors or arborists. He would suggest directing citizens to a website where they can find appropriate arborists. Alderman Clement asked regarding tree removal permits required for eight inches in diameter or more, whether that is only for development. Director Rippetoe answered that is true. Alderman Nolte asked about tree preservation during development, especially regarding an eight-inch caliper or larger tree, there is a $120 fine if not replaced, so if someone wanted to develop a heavily-wooded lot, it wouldn’t be possible to replace all the trees on the lot. He said that some lots could not be developed because of having so many trees on them. He expressed concern of a developer being responsible for paying thousands of dollars to take trees off a lot so it was usable. Attorney Gunn said the purpose of this Ordinance is to preserve the trees, not to have clear cut on property. Alderman Nolte said this is not protecting all trees, as an owner is allowed to remove a tree, but developers would be penalized. Attorney Gunn stated the intent is to protect trees on property. Alderman Nolte said he has a problem with putting a burden on some people, and on others there is no burden at all. Alderman Clement said there was quite a discussion on that point. There were discussions where in recent developments, a developer removed every tree, and that is troubling too. He added that there is a cap on fees. This is an attempt to preserve trees and landscaping, and deter clear cutting. He said a developer or a homeowner who wants to put in eight to ten homes, that is not going to deter them. He talked about developers removing every single tree, and, for instance, with the property by the Police Facility, there would be a hope that a developer would not go in there and clearcut. He said that would not stop a big developer, and it also tries to preserve trees and landscape that exists now and discourages wholesale clearing out as many developers do. Alderman Hamill questioned the $10,000 cap per acre; he asked about including something in an agreement with the developer, rather than having this general Ordinance. Attorney Gunn responded that could be done, but then it would need to be placed in every agreement, where this establishes a standard which by its nature applies to everybody. No more action at this time. 11. MISCELLANEOUS Regular Board of Aldermen 07/17/2017 Page 7  a. Comments from the Public Mr. Chris Winters, 510 Cardinal Lane, said he is a proud landowner where now there are four new fawns, which brought up the deer herd to about ten. Mr. Winters then stated that he would like to point out some observations he has had in the past few months concerning Manchester employee salaries and benefits. Mr. Winters stated that the latest Work Session brought to light that the Manchester employees are definitely undercompensated, but that has been known for more than 15 months. He said that at the Work Session he heard dollar figures of an additional $138,000 being mentioned for the rest of the year, beginning with the first August paycheck, along with a 3-year plan which he assumes is additional compensation. Mr. Winters said he does not know all the details of the plan or plans, but if this abbreviated mention of the plan is true, he would like the board to consider the following: Mr. Winters stated that the City of Manchester does not have enough police officers to do an adequate job for the citizens, which in his opinion is putting the citizens and patrons at greater risks. He stated that this shortage brings overtime pay for officers, as well as overtime fatigue. Mr. Winters stated that he understands that every new officer Manchester hires costs the City $2500 for equipment and the initial training, but more time and money is needed for them to become well-seasoned. He said the City has lost many seasoned, well-seasoned, and very well- seasoned officers over the past year. Mr. Winters said he heard Alderman Ottenad say to Alderman Clement: “This happened ten years ago”. He said he is not sure what the word “this” means, but he assumes it concerns employee salary and benefits, so ten years later, there is the same problem? Mr. Winters commented that the City paid good money for a survey to find this out again, not to mention that employees did a survey over a year ago and it pretty much said the same thing the high dollar survey says. Mr. Winters urged the Board to please concentrate on the officers, as he would hate for it to someday come to voting for the County to take over. Mr. Winters said he talks to a lot of people and he asks a lot of questions and usually gets interesting answers. He asked the Board to please think about this long and hard and make sure they retain the employees the City of Manchester has because the City is going to lose many more employees if they don’t do something spectacular really quickly. Mr. Robert Lopez, 1302 Mautenne, asked if the City identified all ash trees, and if the City is letting residents know if they have ash trees on their property. Director Ruck answered that the trees have only been identified in the right-of-way, but he could help Mr. Lopez identify if there are ash trees on his property. Alderman Clement then offered to help; he said he knows which ones are ash trees, and he will look in Mr. Lopez’s backyard. Mr. Kevin Koch, 328 Whitehall Drive, discussed the PACE program, and said that this will assist them to gain access to funding to make their home more energy efficient. Mr. Koch said he has lived seven years in Manchester. He said the City of Manchester is a great city, family oriented, Regular Board of Aldermen 07/17/2017 Page 8 community based, great facilities, and a great governing body representing the residents. He said this program points to a win-win situation for the City and residents, and brings jobs in, and gives peace of mind with contractors, with recommending contractors who get the job done correctly and allowing residents to affordably make their homes energy efficient. Mr. Michael Stemmler, 1012 Coatbridge Court, applauded the intentions on the new Ordinance for trees. He said that as a trustee of the subdivision, about five years ago, they had the State assess their trees, and have had 21 trees that were treated every other year. He said as a homeowners association, they take care of all their trees, and there is some money in their assessments to cover trees. He advised that there is a place in Moberly, Missouri that places trees in public lands. He said he had a couple problems with this Ordinance, such as putting onto the homeowner the entire cost of removing a tree if they decide it needs to be removed. Mr. Stemmler asked about putting a plan into place much the same as the sewer lateral program where the homeowners pay a small amount on their tax bills. He said the tree growth in their subdivision is 40 years or more and there is a nice canopy. He said he would hate to take them out, but he understands the situation with the ash trees. Ms. Megan Huether, 1747 Connemara Drive, said they have a property at the corner of Kinsale and Connemara, and they have removed their ash trees with help of their village’s generous neighbors and friends. She said they removed two trees on one side and four on the other side of their property, and they did them in three sections, and every time the stumps needed to be ground down, she had problems getting a company to come out. She said the companies are resistent to grind the stumps if they hadn’t taken out the trees. She said she would like to see the stumps removed in the parkways. Ms. Huether said she serves as a trustee for the Seven Oaks Subdivision, and she is wondering whether similar to the way the City facilitated the work done by Omni Tree Service for the ash trees, if there is a special rate negotiated for tree removal. She asked if there could be a collective effort once a year for tree stump removal, if there were enough tree stumps in a particular neighborhood to have a company come out and remove them. She stated that she had to call six companies to get someone to remove the stumps on the Kinsale side, and she had to call two companies for the stump removal on the Connemara Drive side. 13. ADJOURNMENT At 7:58 p.m., there being no further business, Alderman Clement made the motion to adjourn. The motion was seconded by Alderman Hamill and carried unanimously, without objection. The meeting adjourned at 7:58 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Board of Aldermen meeting of July 17, 2017 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen 07/17/2017 Page 9