Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF TUESDAY, SEPTEMBER 5, 2017 CONTINUED FROM MONDAY, AUGUST 21, 2017 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A SPECIAL USE PERMIT REQUEST FOR OUTSIDE DISPLAY OF MERCHANDISE FOR TEMPORARY OR SEASONAL PROMOTIONS AT 14433 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 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 on Monday, August 21, 2017 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #17-TXT-004 – Keith Rapp, The Fruit Stand LLC, owner, is seeking approval to amend a Special Use Permit for outside display of goods and merchandise for temporary or seasonal promotions. The Fruit Stand is located at 14433 Manchester Road in the C-1 Commercial Zoning 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. Ms. Lorrin Charbaneau, co-owner of the Fruit Stand, 14433 Manchester, stated they would like to use two of their parking spaces located closest to Louis Road for seasonal promotions that would include pumpkins, Christmas trees, and flower displays. They would separate the display with cinder blocks and landscape timbers. Alderman Clement stated the Planning and Zoning Commission sent this to the Board with their recommendation for approval. City Attorney Patrick Gunn stated in the City Ordinances, there are certain conditions that need to be met, and he would like to make sure they understand and agree to the conditions. Public Hearing 09/05/2017 – Special Use Permit for Outside Storage for the Fruit Stand Page 1 City Attorney Gunn read the following conditions: 1. The outdoor display authorized hereby shall be permitted only within the two (2) parking spaces on the Site located closest to Louis Road and nearest to the building on the Site. 2. The outdoor displays shall by strictly limited to the follow: a. Flower displays from April 15 to May 31 of each year; b. Fall displays (i.e. pumpkins, mums, corn stalks, and the like), from September 1 to October 31 of each year; c. Christmas tree displays from November 15 to December 31 of each year 3. The location of the outdoor displays authorized hereby (a) shall be enclosed by a barrier of wood and blocks and (b) shall not hind visibility for the motoring public on Louis Avenue. 4. Holder shall insure that adequate parking, consistent with the Ordinances of the City of Manchester and Statutes of the State of Missouri, is provided for the Site and properly maintained at all times. 5. Holder’s strict compliance with all applicable Federal, State and City of Manchester statutes and ordinances. 6. Holder permitting access to the Site by the City of Manchester at all times requested so as to confirm compliance under Paragraphs 1, 2, and 3 of this Section 4. Ms. Charbaneau and Mr. Keith Rapp agreed to the foregoing conditions of the Special Use Permit. Mayor Willson closed the public hearing at 7:07 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Tuesday, September 5, 2017 regarding a Special Use Permit Request for outside display of goods and merchandise for temporary or seasonal promotions at 14433 Manchester Road, (summary), not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing 09/05/2017 – Special Use Permit for Outside Storage for the Fruit Stand Page 2  MINUTES OF THE PUBLIC HEARING OF TUESDAY, SEPTEMBER 5, 2017 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING ESTABLISHMENT OF PROPERTY TAX RATES Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:07 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 Board of Aldermen of the City of Manchester will hold a public Hearing at 7:00 p.m. on September 5, 2017 at Manchester Police Headquarters, 200 Highlands Blvd., at which time citizens may comment on the proposed 2017 Property Tax Levy for the City’s General Operating Fund and Debt Service Fund. Specific discussion will be held regarding the current year rate ceiling and voluntary rate reduction.” 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 Finance Dave Tuberty reviewed the City’s assessed valuation and rates for the General Operating Fund and the Debt Service Fund. There were no opponents, no comments from the public, and no questions from the Board of Aldermen or City Staff. Mayor Willson closed the public hearing at 7:14 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Public Hearing – 09/04/2017 – Establishment of Property Tax Rates Page 1 Note: This is a journal of the Public Hearing held September 5, 2017 regarding the Establishment of Property Tax Rates, (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing – 09/04/2017 – Establishment of Property Tax Rates Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF TUESDAY, SEPTEMBER 5, 2017 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor David L. Willson called the Regular Board of Aldermen meeting to order at 7:14 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, August 21, 2017 regarding the Special Use Permit Request for the Fruit Stand Alderman Nolte made the motion to approve the Minutes of the Public Hearing of Monday, August 21, 2017. The motion was seconded by Alderman Clement and carried unanimously, without objection. b. Minutes of the Regular Board of Aldermen meeting of Monday, August 21, 2017 Alderman Clement made the motion to approve the Minutes of the Regular Board of Aldermen meeting of Monday, August 21, 2017. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Alderman Clement deferred 9 (a). Alderman Nolte made the motion that Order of Items on the Agenda be approved as amended. The motion was seconded by Alderman Clement and carried unanimously, without objection. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC Board of Aldermen 09/05/2017 Page 1  a. Comments from the Public There were none. 6. REPORTS FROM THE MAYOR a. Nomination for appointment of Larry Perney, Melanie Rippetoe and Sharon Wagner as successor directors for the Lafayette Center Community Improvement District City Attorney Gunn stated he wanted to make sure the Board is aware of what they are doing. He stated that every year under the Community Improvement District Statutes the Mayor is required to nominate and the Board is required to approve nominees for the position of Board of Directors for the Community Improvement District (CID). These names have been offered in conjunction the City, and Caplaco offered these names, and this now comes before the Board of Aldermen for consideration. Alderman Clement asked if Ms. Wagner is a nominee from the City or from the Developer. City Attorney answered that she is a nominee from the Developer. Alderman Clement made the motion for the appointment of Larry Perney, Melanie Rippetoe and Sharon Wagner as successor directors for the Lafayette Center Community Improvement District. The motion was seconded by Alderman Hamill and carried unanimously, without objection. b. American Legion Acknowledgement Mayor Willson and Chief Walsh acknowledged the American Legion Hall and Ms. Sharon Owens for their fundraising efforts for Sergeant Sheree Waterhouse. c. Mayoral Report Mayor Willson reported that on August 23, he attended the Homecoming meeting; on August 28, he attended the Planning and Zoning Commission meeting, and on September 1, along with Director Rippetoe, he met with Missouri American Water to discuss some projects. Mayor Willson wanted to remind everyone the Manchester Homecoming starts Friday, September 8. 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of August 20 – September 1, 2017) There were no questions. 8. REPORTS FROM COMMITTEES Board of Aldermen 09/05/2017 Page 2  a. Planning and Zoning Commission Alderman Clement stated the Planning and Zoning Commission did meet a week ago for a site plan that was approved. He said they do plan to meet next week, but the second meeting in September has been cancelled. b. Homecoming Committee Alderman Ottenad stated that the Homecoming Committee did meet on August 23 at Schroeder Park after having the second picture taken for Homecoming. She said they are still trying to get motorcycles to lead the parade. They have 34 booths for food and games. She said that Shop-with-a-Cop will be the recipient of the donations from Cute Kids and Cute Pets. The next meeting is to be September 7 at Schroeder Park. c. Manchester Arts Alderman Baumann stated he had nothing to report. 9. ACTION ON OLD BILLS a. AN ORDINANCE AMENDING THE CODE OF ORDINANCES RELATING TO CARE AND MAINTENANCE OF TREES This agenda item was postponed to the next Board meeting. b. AN ORDINANCE AMENDING THE CITY’S CODE OF ORDINANCES REGARDING UNLAWFUL USE OF WEAPONS Alderman Hamill read for the second time Bill # 17-2309, entitled: “AN ORDINANCE AMENDING SECTION 210.840 OF THE CITY OF MANCHESTER CODE OF ORDINANCES RELATING TO UNLAWFUL USE OF WEAPONS AND REPEALING SECTIONS 210.900 AND 210.910 OF THE CODE OF ORDINANCES”, by title only. Alderman Hamill made the motion that Bill # 17-2309 become Ordinance # 17-2192. 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 vote passed with a vote of 6 – 0, with no objections. Board of Aldermen 09/05/2017 Page 3 10. INTRODUCTION OF NEW BILLS a. BILL APPROVING A SPECIAL USE PERMIT FOR OUTSIDE DISPLAY OF GOODS AND MERCHANDISE FOR TEMPORARY OR SEASONAL PROMOTIONS AT 14433 MANCHESTER ROAD Alderman Baumann introduced Bill #17-02310, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO THE FRUIT STAND, LLC, TO OPERATE A BUSINESS ENGAGED IN THE DISPLAY AND SALE OF MATERIALS, EQUIPMENT, GOODS, SUPPLIES, AND MERCHANDISE FOR TEMPORARY OR SEASONAL PROMOTIONS AND IN CONJUNCTION WITH A GROCERY STORE NOT EXCEEDING 10,000 SQUARE FEET IN AREA AT 14433 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240(D)(1) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Baumann stated that Emergency Legislation had been requested, 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 # 17-2310 for the second time, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO THE FRUIT STAND, LLC, TO OPERATE A BUSINESS ENGAGED IN THE DISPLAY AND SALE OF MATERIALS, EQUIPMENT, GOODS, SUPPLIES, AND MERCHANDISE FOR TEMPORARY OR SEASONAL PROMOTIONS AND IN CONJUNCTION WITH A GROCERY STORE NOT EXCEEDING 10,000 SQUARE FEET IN AREA AT 14433 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240(D)(1) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Baumann made the motion that Bill # 17-2310 become Ordinance # 17-2193. The motion was seconded by Alderman Nolte. 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 vote passed with a vote of 6 – 0, with no objections. b. BILL ESTABLISHING PROPERTY TAX RATES FOR 2017 Alderman Ottenad introduced Bill # 17-02311, entitled: “AN ORDINANCE ESTABLISHING AND LEVYING THE RATE OF TAXATION UPON ALL REAL AND PERSONAL PROPERTY IN THE CITY OF MANCHESTER FOR CALENDAR YEAR 2017”, by title only. Board of Aldermen 09/05/2017 Page 4  Nothing further at this time. 11. MISCELLANEOUS a. Comments from the Public There were none. 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 Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement – aye Alderman Nolte – aye Alderman Hamill – aye Mayor Willson announced the vote passed by a vote of 6 to 0, with no objections. b. Closed Session: Pursuant to Section 610.021 (12) of the Revised Statutes of the State of Missouri pertaining to sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected. Alderman Hamill made the motion to go into Closed Session: Pursuant to Section 610.021 (12) of the Revised Statutes of the State of Missouri pertaining to sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected. The motion was seconded by Alderman Clement. A poll of the Board showed: Alderman Baumann – aye Alderman Ottenad – aye Board of Aldermen 09/05/2017 Page 5  Alderman Clement – aye Alderman Nolte – aye Alderman Hamill – aye Alderman Diehl – aye Mayor Willson announced the vote passed by 6 to 0. 13. ADJOURNMENT At 8: 21p.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 8:21 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Board of Aldermen meeting held September 5, 2017 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Board of Aldermen 09/05/2017 Page 6