Board of Aldermen

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, JULY 2, 2018 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor Mike Clement 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 Huether, Alderman Nolte, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Toben and Mayor Clement. A quorum was present. 3. APPROVAL OF THE MINUTES: a. Minutes of the Public Hearing of Monday, June 18, 2018 regarding a Special Use Permit Request for approval of an accessory structure at 901 Howard George Drive Alderman Hamill made the motion to approve the Minutes of the Public Hearing of Monday, June 18, 2018 regarding a Special Use Permit Request for approval of an accessory structure at 901 Howard George Drive. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. b. Minutes of the Public Hearing of Monday, June 18, 2018 regarding the allocation of Community Development Block Grant Funds Alderman Hamill made the motion to approve the Minutes of the Public Hearing of Monday, June 18, 2018 regarding the allocation of Community Development Block Grant Funds. The motion was seconded by Alderman Nolte and carried unanimously, without objection. c. Minutes of the Regular Board of Aldermen meeting of Monday, June 18, 2018 Regular Board of Aldermen 07/02/2018 Page 1  Alderman Hamill made the motion to approve the Minutes of the Regular Board of Aldermen meeting of Monday, June 18, 2018. The motion was seconded by Alderman Baumann and carried unanimously, without objection. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Alderman Ottenad made the motion to approve the Order of Items on the Agenda as amended. The motion was seconded by Alderman Hamill and carried 6 – 0, with no objections from the Board. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Joyce Ann Drive/Connie Lane traffic calming measures – Ramin Ashrafzadeh, Horner & Shifrin, Inc. Mr. Ramin Ashrafzadeh stated they earlier met with some of the residents of Joyce Ann and Connie Lane. The City is well aware of a cut through speeding issue on these two streets. Before the City wanted to implement anything, they wanted to do a survey to validate concerns. There was a huge response of 65% of all surveyed who responded. On item # 2, one of the biggest complaints was traffic speed as indicated by 85% of all respondents; the other items are 80% of the residents felt safety was an issue, and 70% of the residents felt traffic volume was an issue. Mr. Ashrafzadeh stated this survey made it clear that the next step was necessary. They met with police and fire to evaluate different options. He said they are proposing to do a phased approach. Phase one is a more passive solution that would involve radar speed signs, and these signs would indicate to drivers that they are exceeding the speed limit and they should slow down. This similar method has been used by the Police Department by installing temporary signs on trailers, and it was found to be very effective during that testing period. This solution is being looked at as a method to evaluate effectiveness through collecting data. If the effectiveness is deemed to not remain throughout the life of the installation or if it decreases, they can move onto phase two, which is the installation of speed tables, one at the entrance of each street and one in the middle, three on each street. There would be a flat portion at the top which is ten feet; it is three inches tall and there is a six foot ramp on either side. It is perfectly comfortable to drive at 20 to 25 miles per hour, but it is problematic if one is driving over 30 miles per hour. This is an attempt to slow traffic and not make it comfortable to speed. The monitoring signs would still be collecting data, so the effectiveness of these measures would be seen as well. Mr. Ashrafzadeh said that for the signs, they would generally recommend that once the driver exceeds the speed limit that it would just give a slow-down warning; there would not be a speed limit shown. Some signs have a possible feature to give feedback, such as maybe when someone is driving five or ten miles over the speed limit, there is a strobe. Alderman Nolte asked if there could be an informational method that something could be sent, such as taking a picture, and sending a speed warning to their home. Mr. Ashrafzadeh responded that it would be a lot more expensive. Alderman Hamill asked about the price range for this solution. Regular Board of Aldermen 07/02/2018 Page 2  Mr. Ashrafzadeh answered that it would cost between $4,500 to $6,000 per sign. Mayor Clement stated that as the concerns of the residents were heard, he really didn’t hear a strong consensus of this approach. Director of Public Works Bob Ruck stated they need to take the feedback. The meeting was not only to make our presentation, but to hear from those affected residents. He said the team will need to consider input. Alderman Nolte stated there is a serious speeding problem there, obviously, because of the number of survey responses. He wanted to know how many tickets have been issued, and how heavily it has been patrolled. Chief of Police Timothy Walsh answered they have been patrolling there for months. Alderman Nolte asked if they could be more surreptitious. Chief Walsh answered that they could park an unoccupied patrol car there and just leave it parked there. Alderman Baumann stated the survey suggests that there are about 2,000 cars that travel those streets per day per street, so you are looking at 14,000 cars weekly, when talking about the number of speeders who are driving through there. There is concern from the residents about pets that have been hit, and concerns about the children. The houses being replaced from older to newer is bringing in a younger population. He knows that Chief has had his people out on the street. Chief Walsh advised that the biggest impact was the radar trailer. By using the trailer, they got it down from 13% of drivers speeding to 3.5% of the drivers speeding. Mr. Ashrafzadeh stated that stage one would be a permanent solution, so the signs would stay there. He said in general most of the driving population don’t want to purposely speed. Most people do it because they are not paying attention. Alderman Hamill asked if they have had any experience with using these in the past. He asked if he has any criteria to show how effective they were. Mr. Ashrafzadeh answered that statistics indicate there is around a 10% reduction of overall speed, according to results from manufacturers. He said the City of St. Louis has installed some of these devices, and they are being utilized more in the area to let people know how fast they are driving and if it is too fast. City Administrator Perney stated the people who want more drastic measures immediately, were the ones who were vocal, but one resident came up after the presentation and discussion to say this is a good solution. It was about 50% who would support what the City is proposing. Alderman Toben stated that this is data collection. He said that Fire Marshal Dan Bruno would make this comment as well, that per their Ordinance that the Fire District recently changed, there cannot not be an inhibitor to fire trucks without specific data engineered that shows speed tables were phase two and would work. Regular Board of Aldermen 07/02/2018 Page 3  Fire Marshal Dan Bruno of West County EMS and Fire Protection District stated he was invited to be part of the team in regard to the Connie Lane/Joyce Ann issue. He advised that the International Fire Code prohibits traffic calming devices, such as gates and speed bumps. He said it is recognized there is an identifiable problem here and the City of Manchester has put forth effort to find a good solution. The Fire District does not want to be in the way of solving a bona fide public safety issue. Early on they recognize they have ample time to respond to any emergency on Connie Lane or Joyce Ann, but the concern that the Fire District has is what if there is an approach by an area that does not have good accessibility. Fire Marshal Bruno stated how the solution can be approached in the manner that verifies there is a public safety issue and seeks a reasonable scientific data supported solution to that. He said what the district did is they jumped on board and said they would go on along with this and made a temporary change to their Code that allows for traffic calming devices where there is an engineering study that supports the various solutions. They want to be a partner with a solution, but there would be some benchmark criteria that would identify the problem, and to make sure the problem is being solved. He said the Fire District would certainly support the City’s effort in this. Alderman Ottenad stated that she lives on Enchanted Parkway and she is going back 30 years and their street was much like Connie and Joyce Ann are now. They could not get past the traffic calming issue because of the Fire District regulations so, she greatly appreciates the Fire District’s efforts to help possibly resolve some of these problems. Fire Marshal Bruno stated that his background was that of a traffic engineer before being with the Fire Department. He said they recognize that many problems of residents do not see this effort, support and resources put to it. He said this really is a reflection of dedication from the City Staff. Alderman Ottenad stated the Board had passed an Ordinance to allow the traffic calming methods, and the Fire District had asked if they wanted to waste the taxpayer’s money on litigation from the Police Department. Fire Marshal Bruno stated he can’t speak for when this would have occurred, but in 2018, the Fire District is very well in tune to the needs and the safety of the citizens. Mayor Clement stated this topic is a work in progress. b. Proposition S projected timeline presentation – Ramin Ashrafzadeh, Horner & Shifrin, Inc. Mr. Ashrafzadeh stated he wanted to give an update on the Proposition S implementation. The assessment report of various streets throughout the City was to understand the level of maintenance that would be required. He said they would be using that as a tool for the work to be done with the funds that have become available. He said there are no ratings of “one”; the ratings start at 2, 3, and 4. He stated that a GIS database is being maintained for the City which is used as a planning tool and to determine the pockets of work. They are in the process of updating that database with the improvements the City has done with slab replacement and asphalt overlay, as well as some streets that have deteriorated. Regular Board of Aldermen 07/02/2018 Page 4  Mr. Ashrafzadeh identified a series of streets that they are proposing to include in the 2018 bid package. They just went through these this week. The scope that they developed is going to be around $1.5 - $1.7 million that will go out to bid within the next month. Mayor Clement asked if they are the worst. Mr. Ashrafzadeh answered that they contain the worst streets. He said what he wanted everyone to keep in mind is that some of these streets have a portion that could be rated a 3 but a part of the street leading up to it might be a 5 or 6, so they still want to work on those streets with a “poor rated” segment. He said some of the streets will be completed by next spring. Alderman Baumann asked if the $1.7 million that they are going to use, whether that has any effect on the $750 thousand from the City or is this strictly Proposition S money? Director Ruck answered this is strictly Proposition S money. They still are working out of the pool from the Capital Improvement Fund. The Joyce Ann overlay is coming out of the capital budget. Alderman Baumann questioned and it was answered that there will be expenditures in total of $2.3 million in 2018. Mr. Ashrafzadeh reviewed the schedule. Through the month of July, they would develop a bid package of specifications and plans that will go out the beginning of next month. Director Ruck stated they will open bids in mid-August, and hope to have this for approval on the September 4 Board of Aldermen agenda. Mr. Ashrafzadeh is hoping bids will be good because there would be work during a time when there normally may not be work. Alderman Toben asked about Sulphur Springs and Baxter not having a rating. Director Ruck responded that those roadways are St. Louis County roads and are not Manchester Streets. A resident from the audience who lives on Joyce Ann asked about salt damage to streets. Mr. Ashrafzadeh stated they are applying a two-inch mill and overlay. It will be a different product than what there is now. Mayor Clement stated there will be a public meeting on September 13 about this. Mr. Ashrafzadeh stated at that public meeting, they will work to identify 2018, 2019, and 2020 projects. Mayor Clement stated by September, it will be pretty well known what will be planned for 2019 with the survey. Director Ruck stated that the survey will give guidance. They were looking in 2019 and 2020 in anticipation of spending $3.5 million on streets. Regular Board of Aldermen 07/02/2018 Page 5  Mr. Ashrafzadeh stated the subsequent bid packages would be in winter. c. Presentation of the 2017 Comprehensive Annual Financial Report (CAFR) – Mollie Malone, Stopp and VanHoy Director of Finance Kathleen Langevin introduced Mollie Malone, the audit manager with Stopp and VanHoy. She said they create the Comprehensive Annual Financial Report (CAFR) for us each year. Director of Finance Kathleen Langevin discussed the S & P rating document. She stated she wanted to share with the Board that the City has strong budget performance. The City lives within our means. In 2017, the City did not spend more than the City took in. That helped to maintain the City’s S & P rating, and the City has been able to maintain the 20% reserve. There is strong performance on budget flexibility, which was created by our ability to improve revenue streams, even when we had serious conditions upon raising our property taxes, and raise our revenue through voting, to share the burden of trash collection costs with residents. The only portion that they mentioned in concern was our liquidity level, because of construction of the parks building. We are building on budget flexibility and building liquidity level. Ms. Mollie Malone, the audit manager with Stopp and VanHoy, thanked staff for their help and assistance. Ms. Malone stated the City did have an unmodified audit opinion, which means in their opinion, the financial statements are fairly stated. She said that there are different sections of the audit. The introduction section, management discussion and analysis and statistical section are prepared by management and are unaudited. Ms. Malone stated the City has prepared a CAFR which presents financial trends, revenue capacity, debt capacity, demographic and economic information and operating information for the current year and nine years. There are no major changes in Generally Accepted Accounting Principles (GAAP). There was nothing new they had to adopt as far as accounting principles. Ms. Malone stated regarding the key highlights of 2017 CAFR is Manchester had a reduction of Tax Increment Financing (TIF) bonds of $3.6 million. There was a reduction of General Obligation (GO) bonds by $550,000, the bonds are now paid off. Overall, sales tax revenue increased $626,000, including Proposition P. Ms. Malone said the cash position decreased approximately $2.9 million because of construction of the parks building. Ms. Malone spoke about the sales tax revenue which has increased over the last ten years. The property tax revenue has declined in 2017, because the debt service rate was reduced with the bonds being paid off. The government-wide expenses over the past ten years stayed fairly steady. In 2010, the difference involved the issuance of the TIF debt. Overall the City’s expenditures have remained fairly constant. Ms. Malone stated the GO Bonds and TIF bonds have gone down, so the City is making progress on the City’s debt services. The audit adjustments, and year-end sales tax and property tax, recording of delinquent property tax receivable, and other closing adjustments for fixed assets, long Regular Board of Aldermen 07/02/2018 Page 6 term debt and other accounts to convert records to the different basis of accounting used for government reporting have been considered. Ms. Malone stated the findings and recommendations is the implementation of reconciling and closing procedures. There are some areas that the auditors did assist this year that they would like to see management doing themselves. The City really needs to get documentation of internal controls/accounting policies and procedures. Ms. Malone said the City needs to set up some manuals and guides for the City to follow. If there is someone new coming in, they are walking into policies and procedures that are established. Alderman Baumann stated that he feels that regarding the Parks revenue, the Parks and Stormwater Fund is doing rather well, and the City is able to spend money freely in that account. However, the General Revenue Fund and the Capital Projects Fund are the areas where the City is asking our tax payers to start contributing more of their own personal funds. If that is something the City can start looking into, something to do differently, that would be great. Director Langevin stated that the Parks and Stormwater revenue is sales tax based. It is especially for that fund and it is restricted. Alderman Baumann stated as the City went out and spent $20 million on our bonds, the City has a decent amount of money coming into those accounts. He said we don’t want to decrease the size of that, but it is something we need to look for in the future and look at Transportation Development District funds (TDD) to help the Capital Fund because right now we just received support from our homeowners for $.28 to support our streets. In the future, additional work and repairs will need to be made. Alderman Hamill asked about the revenues and under 2017 property taxes, he said it looks like the City has $800,000 less than 2016. Ms. Malone stated that the Debt Service Rate dropped in 2017 because of debt service, also a protest that was done, and the County holds that in escrow. Director Lanegvin explained that with the two-year reassessment process, there were some disputes in property values, and with any funds under protest, there is a delay in the City receiving the taxes. If the funds are received by February, that revenue can be counted as 2017 revenue, but any of the tax revenue under protest that is released after February will show up in 2018. Mayor Clement stated that is the recommendation that their firm has given the City several times now, he wants to make sure that it happens. Ms. Malone stated they can provide templates to start. It will be done through management discussion. Then they would begin by documenting what the City does now and then seeing where to improve. Mayor Clement asked City Administrator Perney and Director Langevin for their assurance this will be corrected. Both agreed and said definitely that will be done. d. Presentation for Law Enforcement Torch Run Special Olympics – Tom Struharik, Tucker’s Place West Regular Board of Aldermen 07/02/2018 Page 7  Chief Timothy Walsh stated that Tom and Debra Struharik have been Manchester Police Department partners in the Clean Up for Special Olympics event for 13 years. He said this year they made $11,722.36, and if you add that to all previous years it is about $117,000. Chief Walsh recognized the Police Department employees who participated. Officer Evan Waters and wife, Michelle, Lieutenant Buck Lancey, Sergeant Dan West, Lieutenant Craig Smith, Officer Meredith Absolon, Clerk Barb Schlitt, Chaplin, Officer John Banas, Officer Travon Green, Officer Jason Dowdell, Detective Nikki Priest, and the whole Tucker’s staff. Mr. Tom Struharik stated it is wonderful they can do this and work with the City. He couldn’t ask for a better place to be located. In addition to having the restaurant here, he had lived in Manchester before. The City is so welcoming. Ms. Stacey Koeller from Special Olympics also wanted to thank everyone for their help. e. Presentation for Law Enforcement Torch Run Special Olympics – WalMart This was delayed until the next meeting. f. Comments from the Public Mr. Chris Winters, 510 Cardinal Lane, said he got into this meeting a little late, but 25 years ago, they experienced the same thing with Cardinal Lane and Big Bend Woods that connect together between Hanna and Sulphur Springs. There is probably twice the traffic now as there was 25 years ago. Cardinal Lane was 16 feet wide. They didn’t want to take down the trees because they felt it would help deter and slow down traffic through there. To this day, they still have a problem similar to folks of Connie and Joyce Ann. He would also like a sign, seeing what is going on around here. Mr. Winters stated he needs to talk with a City Attorney. He has an issue that he does not know how to approach, and needs to talk with City Administrator Perney, along with a City Attorney. It is a positive thing for the City. Ms. Pauline Bair, 305 Morewood Drive, spoke about a sign on Baxter for 2 ½ or three weeks to slow down traffic. She said that after a couple weeks it doesn’t light up, something needs to be done about that. Ms. Bair stated she noticed the water feature has been turned off. When the Highlands was built, there was supposed to be a water feature. She wonders if they can replace the feature. City Administrator Perney said this had been brought up, and the City will see what can be done. The water feature is not on City property. Ms. Bair asked about the microbrewery. City Administrator Perney answered that it will probably be coming in October. 6. REPORTS FROM THE MAYOR a. Mayoral Report Regular Board of Aldermen 07/02/2018 Page 8  Mayor Clement said he wanted to recognize the Police Department. He believes that most are aware that from early June, there have been a series of wallet thefts. The suspects left Walmart and went to Best Buy and purchased thousands of dollars of items. The Police Department recognized the problem. The Police Department stepped up patrols in the parking lot and in the store, and officers viewed the video surveillance in the store, and found some of it was very high quality, and captured good images of the male and female, but no way to identify who they were. The Police Department started releasing these images to many of the subdivision’s facebook pages. Then the local media picked up these stories and these high quality images, and talked with a couple local television channels, and that was the breakthrough, as these images were identified by people calling through CrimeStoppers. There were five calls identifying the man or woman, and the identifications were consistent. The suspects were arrested. This represents good policing, a strong department, and wanted to recognize the entire Police Department. Mayor Clement received two phone calls today from residents who were in a high state of distress because of the deer. One lady said a doe came out and attacked her pet and a neighbor came out and tried to help her. The other phone call reported that two more fawns had been born. On his own account, he can count six new fawns within this year within the block. Alderman Toben, Director Ruck and City Administrator Perney are working on methods to slow the growth of the deer population. Mayor Clement invited everyone to the 4th of July party. The concert is put on by Butch Wax and the Hollywoods. The Lions will be selling hot dogs, hamburgers, soda, water and snocones. Mayor Clement also wanted everyone to know the next Community Band Concert is July 15, and its theme is the “Meet Me at the Muny” concert. 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of June 19 – June 30, 2018) There were no questions. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Hamill stated there was no meeting. b. Homecoming Committee Alderman Ottenad stated they met on June 30 and had their picnic inside the Parks Building because of rain. What they learned at the meeting is they are still getting motorcycles for the parade. The Business of the Year is Schubert Design Furniture. The next meeting will be July 11 at the Legion Hall at 6:30 p.m. 9. ACTION ON OLD BILLS Regular Board of Aldermen 07/02/2018 Page 9  a. BILL # 18-2337 – AN ORDINANCE PROVIDING FOR DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN CITY OFFICIALS Alderman Nolte read for the second time Bill # 18-2337, entitled: “AN ORDINANCE RE- AFFIRMING THE PROVISIONS OF SECTIONS 120.010 THROUGH 120.070 OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER, WHICH SECTIONS ESTABLISH A PROCEDURE TO PROVIDE FOR THE DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN MUNICIPAL OFFICIALS OF THE CITY OF MANCHESTER”, by title only. Alderman Nolte made the motion that Bill # 18-2337 become Ordinance #18-2221. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Toben – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Huether – aye Alderman Nolte – aye Alderman Hamill – aye Mayor Clement announced the motion passed by a vote of 6 – 0, with no objections from the members of the Board of Aldermen. 10. INTRODUCTION OF NEW BILLS a. BILL VACATING AN EASEMENT AT 419 DENNISON ESTATES DRIVE Alderman Toben introduced Bill # 18-2338, entitled: “AN ORDINANCE VACATING A CERTAIN EASEMENT IN THE CITY OF MANCHESTER, MISSOURI, REFERRED TO FOR THESE PURPOSES AS THE 419 DENNISON ESTATES DRIVE EASEMENT”, by title only. No further action at this time. b. BILL APPOINTING A NEW CITY ATTORNEY Alderman Huether introduced Bill # 18-2339, entitled: “AN ORDINANCE APPOINTING THE CITY ATTORNEY AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR LEGAL SERVICES”, by title only. Alderman Huether stated that emergency legislation had been requested, so she made a motion for approval of emergency legislation. The motion was seconded by Alderman Nolte and carried unanimously, without objection. Alderman Huether read for the second time Bill # 18-2339, entitled: “AN ORDINANCE APPOINTING THE CITY ATTORNEY AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR LEGAL SERVICES”, by title only. Regular Board of Aldermen 07/02/2018 Page 10  Alderman Huether made the motion that Bill # 18-2339 become Ordinance # 18-2222. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Baumann – aye Alderman Ottenad – aye Alderman Huether – aye Alderman Nolte – aye Alderman Hamill – aye Alderman Toben – aye Mayor Clement announced the motion passed by a vote of 6 – 0, with no objections from the members of the Board of Aldermen. 11. MISCELLANEOUS a. Comments from the Public There were none. 12. ADJOURNMENT At 8:22 p.m., there being no further business, Alderman Hamill made the motion to adjourn. The motion was seconded by Alderman Baumann and carried unanimously, and with no objections from the Board. The meeting adjourned at 8:22 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Board of Aldermen meeting of July 2, 2018 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen 07/02/2018 Page 11