MINUTES DES PERES BOARD OF ALDERMEN JULY 15, 2013 DES PERES GOVERNMENT CENTER

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1 MINUTES DES PERES BOARD OF ALDERMEN JULY 15, 2013 DES PERES GOVERNMENT CENTER The regular meeting of the Board of Aldermen of the City of Des Peres, Missouri was held at the Des Peres Government Center, Manchester Road commencing at 7:00 PM on Monday, July 15, ROLL CALL The City Clerk took roll with the following board members present: Alderman Pound, Alderman Concagh, Alderman Raczkiewicz, Alderman Gmelich Alderman and Alderman Becker. Mayor Lahr was also in attendance. Staff members present included: City Administrator, Director of Parks and Recreation, Director of Public Works, Assistant City Administrator, Director of Finance and Director of Public Safety. The City Attorney and City Clerk were absent with excuse. Brian Malone sat in to represent the city attorney. At this time the Board of Aldermen, staff and citizens rose for the Pledge of Allegiance. PUBLIC HEARINGS: The Mayor stated that the city will conduct two (2) public hearings this evening. Since they both relate to changes at Olympic Oaks Village Shopping Center involving architectural changes in building elevations and a request for a Conditional Use Permit for operation of a grocery store at Manchester in Olympic Oaks, for practical purposes we will combine those hearings into a single hearing and consider presentations and comments on both elements at the same time. The City Administrator presented the following exhibits for the Public Hearing: 1. Municipal Code of the City of Des Peres including Section establishing C-4 Zoning District Regulations and Section providing for issuance of Conditional Use Permits for supermarkets and grocery stores 2. Ordinance #1092 enacted July 23, 1984, together with all amendments thereto, Zoning Certain Property C-4 Planned Commercial and Approving a Master Site Plan for Olympic Oaks Village Shopping Center 3. Application for Architectural Review of Changes in Front Elevations for Olympic Oaks Village Shopping Center submitted by Chiodini Associates dated March 21, Application for CUP for operation of a grocery store to be located at Manchester Road dated March 26, 2013 submitted on behalf of the property owner (DDR Realty) and the Proposed Operator (Aldi s) 5. Notice of Public Hearing of July 15, 2013 advertised in the St Louis Countian on the 26 th of June, 2013.

2 6. Notice of Public Hearing of July 15, 2013 posted on June 21, 2013 at the following locations: (1) Des Peres City Hall, (2) Des Peres Park, (3) Des Peres Public Safety Building, (4) The Lodge, (5) Des Peres Website (including Notify Me list) and (6) on the premises at Manchester Road 7. Notice of Public Hearing mailed to all property owners within 200 feet of the out boundary of Olympic Oaks Village Shopping Center and a list of those property owners 8. Parking Study prepared by Crawford Bunte Brammeir dated March 27, 2013 together with supplemental report dated June 5, Traffic Impact Study prepared by Crawford Bunte Brammeir dated April 24, 2013 together with supplemental report dated June 5, File of the Planning & Zoning Commission including all committee reports and minutes of meeting of June 12, 2013 in which the commission (a) recommended approval of the CUP for operation of a grocery store by Aldi s at Manchester Road and (b) recommended approval of architectural design changes for Olympic Oaks Village Shopping Center 11. Correspondence Submitted in Advance of the Public Hearing including letters from Bryan McDonald ( 1312 Bansbach) and Robert Barringer (1322 Bansbach) David Budge, Development Director for DDR, made a presentation on their proposal to modify the façade for Olympic Oaks Village Shopping Center and to add Aldi s as a new major tenant. He indicated that the investment being made by DDR is $2.5 million and that Aldi s is included with a 10 year lease agreement. The two projects are interdependent. The center is dated and suffers from chronic vacancies which DDR believes are directly related to the tired look of the center and the absence of a more modern sign filed for merchants which can be accomplished with the elevation upgrades. Michael Chioidini, project architect, reviewed the façade modifications including a presentation of the elevations and building materials. In response to questions, he indicated that the new elevations are roughly at 42 and are allowed at 45 under current C-4 regulations. Lee Cannon, Traffic Engineer from Crawford Bunte Brammaier, presented summaries of both parking studies and traffic reports for the development copies of the full reports are on file with the city. He stated that his firms conclusion was that the proposed parking would be adequate for the current shopping center taking into account the general retail tenant mix allowed for vacancies and specifically including the Aldi s and the new 5 th Third Bank. No modifications are required of the entrances on Manchester. Mr. Randy Mardis, Landscape Technologies, gave a brief overview of landscaping of the parking lots and buffer areas proposed for Olympic Oaks. Following the presentation, the Board of Aldermen inquired of the developer. Alderman Concagh asked if any other building design options were considered and rejected and if the traffic studies took into account the Raising Caines access.ddr stated that the design presented reflects current standards for a Class A shopping center and they had not considered any other architectural designs. He stated that the traffic study did include the impact of the Raising Caines restaurant on internal traffic flow at Olympic Oaks. 2

3 Alderman Gmelich - asked for a comparison of the current height of Olympic Oaks to the proposed elevations. DDR was unable to provide specific information on the height of the current cables but estimated them at roughly 38 but that they would get the information. Alderman Gmelich also requested site line renderings for the back of the buildings looking at them from the residential properties from the north and east. How much of the building or the rear of the new façade can be seen from those areas. DDR responded that the grade changes from the residential to commercial together with the height of the rear buffer screens the current buildings elevation and that he believed the same would be true of the new elevations. Alderman Becker- asked if MoDOT has signed off on the development. DDR responded that since no changes are being made to the access points or traffic signal on Manchester, no review by MoDOT was required. Alderman Pound asked the status of the 5 th Third Bank development and what impact the bank has on the traffic analysis and what impact on that same analysis if the current building remains and is released for retail and/or office. DDR responded that they have a land lease with 5 th Third Bank and they can only assume the project is moving forward although he has not idea of the current timetable for doing so. He would assume that if this project is approved and 5 th Third Bank does not proceed, that DDR will need to return to the board with a plan and more information on the current buildings use and the impact of its use. Mayor Lahr the status of 5 th Third Bank is a major issue with the city and he advised DDR to get more specific information on timelines. The studies on parking, traffic impacts and internal traffic flow all assume the bank is going forward and if that is not the case, the city could have serious reservations about moving forward unless the current building is demolished as a part of this plan irrespective of 5 th Third Bank. Alderman Gmelich asked for more information on how grocery stores are measured for traffic impact. CBB stated that they use industry standards from the ICSC that typically provide a range of traffic impacts based on land uses. For example, the traffic impact for a grocery store would have a range of vehicles per hour based on square footage but clearly that range includes stores at the high end of traffic generation such as Schnucks, middle such as DIerbergs, or low such as Trader Joe s or Aldi s. At the request of the Planning & Zoning Commission, we evaluated traffic at two freestanding Aldi s in St Louis and determined that our assumptions about the low traffic generation for Aldi s was accurate. Alderman Pound stated that he thought the Planning & Zoning Commission had not had an opportunity to spend much time on either architectural design or the sign package and suggested that the board consider sending this issue back to the commission. He stated that he also needs more assurance on the status of 5 th Third Bank before he could vote on this issue. Alderman Concagh asked the status of the fence and suggested its material should be consistent with that behind Raising Caines. DDR stated that the fence approved by Planning & Zoning is a vinyl clad fence roughly 1500 feet in length along the entire northern boundary and along the eastern boundary to end of the building. The fence cannot be seen from the north due to the heavy vegetation in the existing buffer and additional landscaping is being placed along the eastern buffers. All of those approvals are consistent with the requirements of the code. 3

4 The Mayor asked for any citizen comments or questions regarding either the changes to Olympic Oaks or the CUP for the Aldi s. Mr. Robert Gregory, 791 N. Ballas, stated that he had been an Aldi s shopper for years. Found their operations to be excellent and their food choices fresh. He encouraged the board to approve their CUP. Mr. Robert Barringer, 1322 Bansbach, stated that the design proposed would be adequate for unincorporated county but does not meet Des Peres high standards. The Comprehensive Plan for this area includes language relating to distinguishing architectural features, highest quality development, urban design considerations and highest quality development that this design does not begin to meet. What is proposed is a homogenous appearance similar to multiple strip centers along Manchester Road from Kirkwood to Elllisville. He stated that he knew that beauty was in the eye of the beholder and in his opinion this design with a two story western façade was not even close to meeting our standards. He suggested that we look at designs and building materials for the new shopping center in Rock Hill. Mr. Michael McCartney, 1300 Bansbach, stated that this proposal does not begin to meet the intention of the Des Peres Comprehensive Plan. It would be unlawful to approve a development that does not meet those standards and, in his opinion, property owners in the area would have standing to sue to stop the development. He stated that the other issues are traffic, general safety, the impact of the development on Des Peres Park and the general needs of the city. Aldi s is not a one stop shopping venue for groceries and we already have Schnucks and Dierbergs in town. Mr. Bryan McDonald, 1312 Bansbach, stated that he is not opposed to Aldi s but simply to the proposed location near the park. It is a totally different style of business than general retail or the Michael s and its traffic generation, deliveries and trash output are different. Delivery questions are still open with different opinions given by the developer at Planning & Zoning than this evening. He asked that the matter be punted back to Planning & Zoning for more consideration. He also stated that Des Peres should not rely upon studies by consultants hired by the developer and should have an independent analysis done. He also stated that if this project is to be approved, the residents in this area deserve the same protective fencing as provided at Dierbergs, Schnucks or Des Peres Hospital. Mrs. Eileen Bader, 1200 Georgian Trail, stated that she is grateful for the time and dedication of the Planning & Zoning Commission, members and the Board of Aldermen and the Mayor and is confident that they will do the right thing after having had an opportunity to review the proposal. She stated that she is opposed to this development for three reasons: (1) it is architecturally unpleasing and the changes are nothing more than to create a larger sign band; (2) a grocery store use does not fit into the development and the C-4 ordinance envisioned a mixed use development and did not include a grocery; and (3) a grocery store use is not compatible with the adjoining park use. Ms. Muff Deutschmann, 1505 Westwind, stated that parking is already a problem with all of the McCalister s employees parking on Bansbach Drive. 4

5 Mr. Richard Elias, 1303 Bansbach, thanked Aldermen Gmelich for requesting a site line analysis from the adjoining residential as his home abuts the property directly on the east and there is no growth of mature trees to block his view of the commercial buildings now or proposed. Mr. John Tiffin, Dunmorr, stated that he is concerned with overall traffic on Manchester Road. The city has approved multiple developments along Manchester in the last decade including West County Center, Edward jones, Schnuck, Dierbergs, Chick-Fill-A and the new Michaels looking at the impact of each individually but not collectively and their impact on traffic. He asked simply when is enough enough? There being no further residents desiring to address the Board, Mayor Lahr invited the developer to make any closing remarks. David Budge, Development Director for DDR, stated that DDR owns 450 shopping centers both in the United States and nationally including about 6 in St Louis. The proposed changes to Olympic Oaks will breathe new life into a dying shopping center that has a chronic vacancy problem. TJ Maxx is the only national tenant doing well in the center. The Michaels space, proposed to be repurposed for Aldi s, has been vacant 2+ years with no national takers due in large part to the tired look of the center, the lack of visibility of the stores from Manchester, and absence of modern sign band. Without these changes, Olympic Oaks will continue to age and deteriorate further preventing national and desirable tenants. There being no further questions or comments, the Mayor closed the Public Hearing at 8:15 PM. The Mayor stated that legislation relating to these petitions will be considered later in the meeting but that no decisions would be made this evening to approve or reject the petitions. It is the custom of the city to take time to weigh the information presented and the earliest the legislation would be considered would be in August. He suggested that residents monitor the website or sign up for the Notify Me feature in which they are automatically notified of meeting dates, times and agenda. AMENDMENT OF AGENDA The Mayor asked if there were any additions or changes to the agenda. None were requested. CITIZEN COMMENTS AND PETITIONS The Mayor asked if there were any citizens in attendance who wished to address the Board on any topic whether on the agenda or not. There were no people present who wished to address the Board of Aldermen. REPORTS OF OFFICERS AND COMMITTEES The Mayor indicated that there were written reports submitted to the Board of Aldermen from the Audit & Finance Committee meeting of June 17, 2013; the Public Safety Commission Meeting of July 1, 2013; and notice from the Planning & Zoning Commission of cancellation of their meeting scheduled for July 10 th. 5

6 The Mayor noted that earlier in the evening, the Board of Aldermen held a work/study session on the recommendations of the Audit and Finance Committee on a proposed Fund Balance Reserve Policy. He asked if there were any comments or questions from the Board. There were no questions or comments from the Board on the reports. Mayor Lahr reminded the board of aldermen that appointments to boards and commissions were due. He indicated that a memorandum had been prepared by the City Clerk outlining all positions on boards which are vacant or where a member s term is expiring. He asked that the Board members get back to him with any comments or suggestions on reappointments or appointments prior to the next meeting. CONSENT AGENDA Mayor Lahr advised that the Consent Agenda consists of eight (8) items. Under the Board Rules, all items on the consent agenda can be approved by a single motion and any item on the warrant list may be removed prior to the vote at the request of any individual member of the Board of Aldermen. Items on the consent agenda included: 1. Minutes of the June 17, 2013 meeting of the Board of Aldermen 2. Warrant List Dated July 11, R Authorizing Contracts for Purchase and Installation of Fitness Equipment at The Lodge with Trade-in of Old Equipment 4. R Authorizing a Contract with Air Cleaning Technologies for Purchase and Installation of a Ventilation System in the Emergency Equipment Bay at the Department of Public Safety 5. R Authorizing a Contract with Archway Industrial Coatings for a Slip Proof Floor Surface in the Emergency Equipment Bay at the Department of Public Safety 6. R Authorizing a Contract with Eagle Energy Inc for Purchase of Belimo Valves to Replace Existing Valves at The Lodge 7. R Authorizing a Contract with Blackmore and Glunt for Purchase of Blazed Plate Heat Exchangers for Indoor Pool Water Heating at The Lodge 8. R Approving an Emergency Repair of the Front Line Pumper by Franco Emergency Solutions Alderman Becker moved to approve the Consent Agenda, second by Alderman Gmelich. A roll call vote was taken with the following results: Alderman Gmelich, AYE; Alderman Becker, AYE; Alderman Pound, AYE; Alderman Concagh, AYE; Alderman Kleinschmidt, AYE; and Alderman Raczkiewicz, AYE; Motion passed 6-0. LEGISLATION UNFINISHED BUSINESS Mayor Lahr indicated that there is no unfinished business to be considered by the Board this evening. LEGISLATION NEW BUSINESS: 6

7 Mayor Lahr indicated that there are two pieces of new business both relating to the changes at Olympic Oaks Village and the issuance of a CUP to Aldi s that were the subject of tonight s public hearings. It is the custom of the board not to give final consideration to any legislation on the night of the public hearing. As a result, these bills will be introduced only and then held for further consideration. He stated that he understood that the language in both bills is still being reviewed by legal counsel for the city and Aldi s and that substitute bills might be presented at the next meeting. Bill Ordinance Repealing a Portion of Ordinance 1092, Adopting a New Ordinance in Lieu Thereof to Approve a Revised Master Site Plan including Building Elevations and New Landscape Plan for Olympic Oak Shopping Center and Repealing all Ordinances in Conflict therewith (Introduction Only) Alderman Pound gave Bill # it s First Reading. Alderman Gmelich stated that she did not believe that Planning & Zoning had an adequate opportunity to review the design proposals and materials and suggested the board consider sending the issue back to them for further review. Alderman Pound concurred and suggested that the signs are a significant part of the architectural design and therefore the Uniform Sign Package should be approved by Planning & Zoning before the board considers taking action on the overall architectural design. Alderman Becker stated that he would need to see the rear site renderings to make a judgment on the architectural redesign. Alderman Becker moved, seconded by Alderman Concagh, that this issue be referred back to the Planning & Zoning Commission for further study and that Bill # be tabled until such time as the matter is returned from Planning & Zoning. Following discussion, a roll call vote was taken with the following results: Alderman Pound, AYE; Alderman Concagh, AYE; Alderman Kleinschmidt, AYE; Aldermen Gmelich, AYE; Alderman Raczkiewicz, AYE: and Alderman Becker, AYE. Motion passed 6-0. Mr. Budge from DDR inquired as to what specifically the Board of Aldermen would like to see the commission review so that his firm can prepare the proper presentation. The city code gives no specific guidelines as to architectural style or review and his firm is somewhat at a loss on how to proceed to meet our desires or expectation. Mayor Lahr stated that the redevelopment of Olympic Oaks is a 20+ year decision that the city will not rush. We need additional information on building heights especially compared to current heights; the rear elevations and site lines from adjoining properties; the status of the 5 th Third Bank and what happens if that development does not proceed; more information on traffic including MoDOT comments; and more detail on architectural treatments and materials. Bill An Ordinance Granting a Conditional Use Permit to Aldi s Inc for Operation of a Grocery Store at Manchester Road in Olympic Oaks Village Shopping Center (Introduction Only) 7

8 Alderman Gmelich gave Bill # it s First Reading Alderman Gmelich moved, seconded by Alderman Kleinschmidt, to table Bill # until such time as Planning & Zoning returns a recommendation on the general master plan for Olympic Oaks. Motion passed 6-0. REPORTS OF STAFF The City Administrator announced the Board of Aldermen would return to its normal schedule in August with meetings on the 2 nd and 4 th Mondays (August 12 th and 26 th ) in August. The Mayor asked that the Board of Aldermen authorize an Executive Session for purposes of discussing personnel matters under Section (2) and to consult with legal counsel. Alderman Gmelich moved, seconded by Alderman Kleinschmidt, that the Board of Aldermen authorized a closed session under Section (2) for purposes of consulting with the City Attorney and discussing specific personnel matters relating to the hiring, firing or promotion of employees. A roll call vote was taken with the following results: Alderman Kleinschmidt, AYE; Alderman Gmelich, AYE; Alderman Becker, AYE; Alderman Pound, AYE; Alderman Concagh, AYE; and Alderman Raczkiewicz, AYE; Motion passed 6-0. There being no additional business to come before the regular session of the Board of Aldermen, Alderman Raczkiewicz moved, second by Alderman Pound, to adjourn the meeting at 8:42 PM. Minutes prepared by: Douglas J. Harms City Administrator and Deputy City Clerk [These minutes are a draft and have not been approved by the Board of Aldermen.] Approved this day of August, Richard Lahr, Mayor ATTEST: Doug Harms City Administrator and Deputy City Clerk 8