CITY OF DES PERES BOARD OF ALDERMEN MINUTES THE LODGE DES PERES 1050 DES PERES ROAD Monday May 29, 2007

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1 CITY OF DES PERES BOARD OF ALDERMEN MINUTES THE LODGE DES PERES 1050 DES PERES ROAD Monday May 29, 2007 The regular meeting of the Board of Aldermen of the City of Des Peres, Missouri was held at The Lodge Des Peres, 1050 Des Peres, Road commencing at 7:00 PM Monday May 29, ROLL CALL The City Clerk took roll with the following members present: Mayor Lahr, Alderman Raczkiewicz, Alderman Fingerhut, Alderman Kleinschmidt, Alderman Doering, Alderman Gmelich, and Alderman Pound. Staff members present include: City Administrator, City Attorney, City Clerk, Assistant City Administrator, Director of Public Works, Director of Public Safety, Director of Parks & Recreation, and the Director of Finance Mayor Lahr opened the meeting with The Pledge of Allegiance. PUBLIC HEARINGS: Petition for Approval of a Revised Master Development Plan for Edward Jones located at Manchester Road to Allow Construction of a 291,000 sq ft building addition with accessory sixlevel parking structure. Petitioner: EDJ Leasing Company Petition for Approval of a conditional use permit for construction of a six- level accessory parking structure. Petitioner: EDJ Leasing Company The two petitions were combined into one public hearing in order to expedite and streamline the proceeding. Mayor Lahr opened the public hearing outlining the review process of a zoning petition, and outlined the manner in which the public hearing would be conducted: 1. Presentation of Exhibits by the City Clerk 2. Presentation by Representatives of Edward Jones 3. Presentation by City Land Use & Traffic Consultants 4. Report from Planning & Zoning 5. Citizen Comments and Questions 6. Final Comments by Edward Jones

2 Mayor Lahr advised that a court reporter was hired by the city to make a verbatim transcript of the hearing proceedings. An estimated 160 people were in attendance at the Public Hearing and KMOX was represented as the single radio broadcaster present at the hearing. 1. The City Clerk introduced exhibits for the public hearing. 2. Mayor Lahr called upon Attorney John Diehl of Nations, Hettenbach & Diehl, North Outer Forty Road, St. Louis, representating Edward Jones for his opening comments. Mr. Diehl requested inclusion into the hearing exhibits a two-binder set of exhibits that he presented to the City Clerk prior to the hearing. Mayor Lahr approved the submission, and instructed the City Clerk to amend her exhibits with the submission from Nations, Hettenbach & Diehl on behalf of Edward Jones. Mr. Diehl introduced his associates in attendance for the public hearing: Steve Novik Chief Financial Officer Edward Jones Jodi Gay Facilities Director Edward Jones John Sema - Arcturis Dan Morris Jacdos Engineering Angelika Adams, Transportation Engineer Burns & McDonnell Mr. Diehl proceeded with opening remarks outlining the proposed Edward Jones site plan, the history of Edward Jones, discussion of their independent traffic reports by Burns & McDonald. John Sema representing the architectural firm of Arcturis reviewed the Edward Jones Site Plan. 3. Mayor Lahr called upon the cities land use and traffic consultants, Peckham Guyton Albers & Viets, Inc (PGAV) St. Louis Place, 200 North Broadway, Suite 1000 St. Louis, MO The city contracted with PGAV to review the Edward Jones amended master development plan. Project Manager, Terry Beiter PGAV, introduced his associates in attendance for the public hearing: John Brancaglione Traffic Consultant with HNTB Mr. Beiter proceeded with opening remarks outlining the consultants analysis of the Edward Jones proposed expansion with respect to: Consistency with current City Plans and Ordinances; Review of traffic study prepared by the Developer and 2

3 Consistency with accepted planning practices Mr. Beiter concluded his presentation recommending denial of the Edward Jones Amended Master Development Plan as proposed. 4. Mayor Lahr called upon the City Engineer to present the findings of the Planning & Zoning Commission City Engineer Knock reported that after consideration of the amended master development plan, as submitted by Edward Jones, the Commission on May 9, 2007 voted 9-1 against the proposed master development plan and accessory parking structure. 5. Mayor Lahr instructed the City Clerk to commence citizen comments and questions. Using the comment cards provided at the public hearing the City Clerk called, in the order received, the names as they appeared on the comment cards. Comment cards (speaker cards) received: Generally In Favor of the Development: 1. Denny Coleman, 121 S. Meramec 2. Charlie Dooley, St. Louis County Executive (Letter only) 3. Angie Bay, VP Kirkwood School District, Belle Meade Road 4. Fred Schmidt, Dunmorr 5. Steve Johnson, Sr. VP St. Louis Regional Chamber, 19 Berry Wood Drive 6. Richard Fleming, President & CEO St. Louis Regional Chamber (Letter only) 7. Marilyn McCaffrey, 1600 Dunmorr 8. William Zimmerman, 1333 Marlann 9. Jack Barsanti, Belle Meade Rd 10. Shirley Horlacher, 1725 Fawnvalley Drive 11. Thomas Gutmann, 1608 Dunmorr Drive 12. John L. Davidson, Serama 13. Craig Palubiak, 2044 Oak Drive 14. W. R. Horlacher, 1725 Fawnvaley Drive Generally Opposed to the Development: 1. Nancy Clifford, 1331 North Ballas Road 2. Harry R. McDaniel, Whitehorse Lane 3. Joe Crawford, Federal 4. Michael Corrigan, Nicholas Lane 3

4 5. Michael F. McManus, Creekhaven Drive 6. Shirley Braely, 1609 Dunmorr Drive 7. John U. Mangam Wedgeton Lane 8. Michael Lin, Creekhaven 9. Anaymous 10. E. B. West, Ballas Meadows 11. Chris Felling, 1855 Ironstone Rd. 12. Gayle S. Pettey, 1634 N. Ballas 13. Wynne Choxy, Nicholas Lane 14. Patricia Lee, Ballas Woods Court 15. Ellen Nicholson, Nicholas Lane 16. Terrence M. Nicholson, Nicholas Lane 17. Rebecca Berger, Nicholas Lane 18. William B. Newman, Jr Ballas Woods Court 19. Orville Burkemper, Paradise Lane (Letter only) 5. Mayor Lahr recognized Attorney John Diehl, representing Edward Jones for final comment. Mr. Diehl requested that the public hearing be continued to the June 11 th Board Agenda in order to allow Edward Jones adequate time to review the 27-page report of the cities consultants, PGAV and HNTB. Mayor Lahr called for a brief recess at 9:15 PM. The Mayor reconvened the Public Hearing at 9:20 PM. Mayor Lahr advised that the Board was reluctant to hold open a public hearing due to statutory notice requirements of a public hearing regarding citizen notice. City Attorney O Keefe advised the Board that during the recess he and John Diehl, Attorney for Edward Jones had reached an agreement regarding continuance of the public hearing, pending approval of the Board. In essence Edward Jones would withdraw their request for continuance due to the legislative notification requirements of a public hearing; Further, that Edward Jones be allowed to file a written response to the allegations contained in PGVA s report and that the response be made a part of the public record and hearing exhibits of the Public Hearing. The Mayor and Board agreed to the compromise as stated by the City Attorney. Mayor Lahr directed the City Clerk upon receipt of the written comments of Edward Jones the exhibits of the public hearing be amended to include the written comments of Edward Jones, and that they be made apart of the public hearing record. 4

5 Mayor Lahr hearing no further comments regarding the public hearing thanked all of the participants of the public hearing for their courtesy during the hearing process. Mayor Lahr concluded that the matter of the legislation would be taken up later in the agenda for introduction only and that the legislation would be held for second reading at the next regular meeting of the Board of Aldermen now scheduled for June 11 th. He advised that the public hearing exhibits would be subject to amendment based on any new correspondence regarding the subject matter of the public hearing, whether by the public or attorney. Mayor Lahr concluded his remarks stating the Boards willingness to continue to work with Edward Jones to bring this project to a successful conclusion one that meets their needs and one that is acceptable to the community. Mayor Lahr called the public hearing to a close at 9:30 PM. AMENDMENT TO AGENDA: The City Administrator requested that the consent agenda be amended by the amendment of R Authorizing issuance of City Liquor Licenses. Stating that at close of today s business Gerards Restaurant made the request to amend their renewal of liquor license to include Sunday sales. Mayor Lahr agreed to the amendment presented by staff, with matter of the resolution to be taken up under the consent agenda. CITIZEN COMMENTS AND PETITIONS: James, Boy Scout affiliated with Troop 685 working towards his citizenship and communications badge informed the Board that the Meramec River has glass in it. REPORTS OF OFFICERS AND COMMITTEES: Mayor Lahr advised that the terms of several commissioners on the various boards and commissions of the city are due to expire; and further that pursuant to City Code the Board of Aldermen within 60 days of the municipal election, held April 3 rd, must caucus to elect its officers. Mayor Lahr asked the Board to take these matters under advisement. CONSENT AGENDA: 1. Minutes of the May 14, 2007 BOA meeting 2. Amended Warrant List of May 29, R Authorizing Issuance of City Liquor License Alderman Raczkiewicz moved to approve Items 1 and 2 as presented and Item 3 as amended which provides for the sale of liquor on Sundays by Gerard s Restaurant. Second by Alderman Gmelich. A roll call vote was taken with the 5

6 following results: Alderman Gmelich, Yes; Alderman Pound, Yes; Alderman Doering, Yes; Alderman Fingerhut, Yes; Alderman Raczkiewicz, Yes; Alderman Kleinschmidt, Yes. Vote in favor being unanimous, motion carried 6-0. LEGISLATION Old Business - None LEGISLATION New Business Bill An Ordinance issuing a conditional use permit for construction of an accessory structure under Section of the Municipal Code to allow construction of a six-level parking structure at Manchester Road Bill 2421 requests a conditional use permit issue for construction of a six-level parking structure at the Edward Jones site located at Manchester Road. The Planning & Zoning Commission at their May 9 th meeting recommended denial of their Petition by a 9-1 vote. This too was the subject of public hearing this evening. Alderman Doering introduced Bill , and gave first reading. Same to be held for second reading on June 11, Bill An Ordinance Approving a Revised Master Site Plan for Expansion of the Edward Jones Office Building at Manchester Road. Bill 2422 requests a revised master site plan to allow construction of a 291,000 sq ft office addition with a six-level 1,100 car accessory parking structure. The Planning & Zoning Commission at their May 9 th meeting recommended denial of their Petition by a 9-1 vote. This too was the subject of public hearing this evening. Alderman Fingerhut introduced Bill , and gave first reading. Same to be held for second reading on June 11, STAFF REPORTS City Administrator - Summer schedule - Board of Aldermen: June 11 th meeting to be held at The Lodge Des Peres, 1050 Des Peres Road 7:00 PM June 25 th meeting cancelled, subject to call of Mayor July 9 th meeting cancelled, subject to call of Mayor July 23 rd meeting to be held at The Lodge Des Peres, 1050 Des Peres Road 7:00 PM 6

7 Personnel Matters Department of Public Safety A vacancy has existed within the Department mall detail since January 1, Staff intends to advertise and fill the position immediately. The position was included in the 2007 budget request. Report of Director of Parks & Recreation UV Sanitizing System for Indoor Pool The director s written report was included for Board consideration. Ultimately this UV system would eliminate all biological growth and free radicals including combined chlorine improving both the air and water quality of The Lodge environment which for some time has been an issue to user s of this facility. Immediate installation in the wave pool would cost approximately $32,886. Spa and tot pool systems will be budgeted for in the 2008 request with an estimated budget of $44,000. ADJOURNMENT There being no further business to come before the regular meeting of the Board of Aldermen, Alderman Doering moved to adjourn, second by Alderman Gmelich. A roll call vote was taken with the following results: Alderman Gmelich, Yes; Alderman Pound, Yes; Alderman Doering, Yes; Alderman Fingerhut, Yes; Alderman Raczkiewicz, Yes; Alderman Kleinschmidt, Yes. Vote in favor being unanimous, motion carried 6-0. The regular meeting of the Board of Aldermen adjourned at 9:40 PM Linda M. Schulte, City Clerk Approved this 11 th day of June, Rick Lahr, Mayor Presiding Officer ATTEST: Linda Schulte, City Clerk 7

MINUTES DES PERES BOARD OF ALDERMEN APRIL 27, :00 PM DES PERES GOVERNMENT CENTER

MINUTES DES PERES BOARD OF ALDERMEN APRIL 27, 2009 7:00 PM 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