MINUTES DES PERES BOARD OF ALDERMEN September 9, 2013 DES PERES GOVERNMENT CENTER

Transcription

1 MINUTES DES PERES BOARD OF ALDERMEN September 9, 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, September 9, ROLL CALL The City Clerk took roll with the following board members present: Alderman Gmelich, Aldermen Pound, Alderman Raczkiewicz, Alderman Kleinschmidt, Alderman Concagh and Alderman Becker. Mayor Lahr was also in attendance. Staff members present included: City Attorney, City Administrator, Assistant City Administrator, City Clerk, Director of Public Works, Director of Public Safety, Director of Finance and Director of Parks and Recreation 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 a Public Hearing tonight on the following: Dierbergs Des Peres outside Sales/Display/Storage Permit for a Customer Entertainment Event to be held September 15, Lindemann Rd. Proposed Ad Valorem Tax Rate of $0.00 for 2013 Amended Master Development Plan for Olympic Oaks Village at Manchester Rd. The City Clerk presented the following exhibits for the Public Hearing: Dierbergs Des Peres outside Sales/Display/Storage Permit for Customer Entertainment Event 1. Municipal Code of the City of Des Peres including Section (B)(3) providing for Issuance of Permits for Temporary Outside Sale, Display or Storage in Commercial Zoning Districts. 2. Application of Dierbergs Des Peres dated August 20, 2013 for an Outside Sale, Display and Storage Permit for a Beer Display and Tasting Event on Sunday, September 15, 2013 on the parking lot at 1080 Lindemann Road; 3. Application from Steven Radcliff, Managing Officer for Dierbergs Des Peres for a one day picnic license to allow for sale and tasting of beer on the parking lot on September 15, Notice of Public Hearing advertised in the St Louis Countian, a newspaper of general circulation, on the 27 th of August, 2013.

2 5. Notice of Public Hearing posted on the city website and at four (4) public locations in the city including Des Peres City Hall, Des Peres Park, Public Safety Building and at The Lodge 6. Resolution Authorizing a Temporary Outside Sale, Display and Storage Permit for a One Day Beer Tasting Event at Dierbergs Des Peres, 1080 Lindemann, on Sunday, September 15, 2013 Proposed Ad Valorem Tax Rate of $0.00 for Notice of Public Hearing advertised in the St Louis Countian, a newspaper of general circulation on 16 th of August Notice of Public Hearing posted on the City Website and at four (4) locations in the City of Des Peres including Des Peres City Hall, Public Safety, The Lodge and Des Peres Park on August 13, Statement of Assessed Value for all Real and Personal Property for 2013 provided by the Assessor of St Louis County 4. Copy of 2013 Budget Projection at $0.00 revenues from property taxes for general or debt service purposes. 5. Tax Calculation Worksheets Provided by State Auditor s Office 6. Bill Establishing the 2013 Real Estate Tax Rate at $ State Auditor Tax Rate Calculation worksheets Tracy Hansen, Director of Finance, presented information regarding the proposed tax rate. She stated that this is the 19 th year the City of Des Peres has set the tax rate at $0.00 which generates approximately $520 savings per residents each year. The Mayor reminded residents to shop in Des Peres first as the City is primarily a sales tax community. Exhibit: Amended Master Development Plan for Olympic Oaks Village 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. Master Plan of the City of Des Peres dated June Record of Public Hearing held July 15, 2013 on Petition for Amended Master Development Plan for Olympic Oaks Shopping Center and Petition for Conditional Use Permit for operation of a Grocery Supermarket by Aldi 4. 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 5. Notice of Public Hearing of September 9, 2013 advertised in the St Louis Countian on the 23 rd day of August, Notice of Public Hearing of September 9, 2013 posted on August 23 at the following locations: (1) Des Peres City Hall, (2) Des Peres Park, (3) Des Peres Public Safety Building, (4) 2

3 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. Revised drawings prepared by Chiodini Architects dated August 7, 2013 and August 14, 2013 of proposed elevations for renovation of Olympic Oaks Village Shopping Center 9. File of the Planning & Zoning Commission including all committee reports and minutes of meetings held June 12, 2013 and August 14, 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 Brian McGovern, Attorney for DDR, addressed concerns regarding misconceptions about Aldi. He stated that Aldi would be a good neighbor in Des Peres and is one of the largest grocery stores in the world. He stated that an enormous amount of documents have been submitted to the City and he provided additional documents and site plans to the City Clerk for consideration of entrance in to official record. He stated that all issues regarding Aldi and the site development have been addressed and that the Fifth Third Bank building will be demolished. He stated that Chiodini Architects has submitted a revised plan that included modifications to address previous elevation concerns. He stated that Aldi agreed to the new terms and language added to the CUP (Bill Number ) regarding trash and waste disposal. David Budge, Development Director for DDR, made a presentation and discussed the need to reinvest in the Olympic Oaks Village Shopping Center. He has owned the property for 15 years and he stated that the center has a high tenant turnover rate and the center needs to be updated in order for the center to stay competitive with surrounding shopping centers. He stated that Aldi will help the center as Aldi will be a long-term tenant and will occupy an end cap space in the center. Michael Chiodini, project architect, presented a power point showcasing a variety of existing shopping centers for comparison purposes and he presented the current facades and signage for Olympic Oaks. He stated the current issues for Olympic Oaks include: poor tenant retention, poor tenant visibility from Manchester Road, gable roofing repairs, and replacement of the fence behind the center. He presented a new site plan for the center which included new elevations at 44 and larger masonry sign bands. Mr. Chiodini also presented samples of the brick masonry to be used on the buildings, an image of the new monument sign and an image for new decorative light fixtures that will be used throughout the center. Lee Cannon, Traffic Operations Engineer from Crawford Bunte Brammier, presented a summary of a traffic impact study. His firm s study found there would be no significant impact on traffic within the shopping center or on Manchester Road. The study found that there would be a slight trip level increase but there are no concerns for public safety. The Missouri Department 3

4 of Transportation (MoDOT) did not provide a comment on the traffic study. He stated that his Firm s conclusion was that the proposed parking would be adequate as there are currently 389 parking stalls in the center and that moreover, if the Blockbuster Building is demolished and Fifth Third does not build, the number of parking stalls will increase. The current ordinance requires 4.5 parking spaces per 1,000 square feet. Mr. Cannon also stated that the west median in the center would be modified to help with congestion and to help with the inbound traffic flow. He stated that the current truck route enters at the Manchester Road signal by the Blockbuster Building, but that the existing truck route would be modified and trucks would now enter through Bansbach Road. Randy Mardis, Landscape Technologies, stated that the current fence behind the site is deteriorating and would be replaced with a new 6 tan PVC fence and that the new fence would not have a gate entrance to the park. The new landscaping would include evergreen trees on the east side of the center, 29 new trees, 329 new shrubs and new landscaping in front of the stores. He stated the landscaping would be low maintenance but would provide seasonal colors. Shawn Sawyer, Aldi, stated that Aldi is very excited for the proposed renovation of the center. He provided a brief history of Aldi and stated that there are 70 Aldi stores in the St. Louis region and Aldi is regionally based in O Fallon, MO. He stated that outside cart storage would not be a problem in the parking lot due to Aldi s cart usage practices. There is a quarter fee structure in place for customers to use shopping carts and the quarter is returned when customers return the cart. He stated that security cameras are installed in all new Aldi stores. Mr. Sawyer stated that Aldi is committed to complying with trash agreements and will prevent rodents. Brian McGovern, DDR Attorney, presented closing remarks and tried to address all issues raised by staff, the Mayor, Board of Aldermen and residents for the official record. The Mayor stated that all documents will be entered into the official record. The Mayor stated that he and the Board of Aldermen will consider all comments and concerns and noted that the first public hearing regarding Olympic Oaks was held on July 15. John Clark, 1016 Ridgebrook, stated that he believes Aldi is a good use of the vacant space in Olympic Oaks. Mr. Clark resides behind Schnucks and he stated that he has had problems with Schnucks leaving refrigeration trucks running and delivering items early in the morning and late into the evening. He recommended having a written document that outlined when deliveries could be made and if such trucks would be allowed to stay running. Mike McCartney, 1300 Bansbach, stated that he is concerned that the site plan is not consistent with the Comprehensive Plan. He cited that Missouri Statute requires plans to be in accordance with Comprehensive Plans. He cited that the Comprehensive Plan should guide future developments, promote businesses that serve the needs of residents, increase traffic 4

5 capabilities, maximize buffers and any changes should be in the best interest of the City. He stated that in general, the Olympic Oaks center has functional shortcomings, and that Aldi would not be servicing resident needs, and that the presented plastic fence is not a significant or maximizing buffer. He stated that the development is just spot zoning and there is a reason why planning and zoning ordinances are in place. Brian McDonald, 1312 Bansbach, congratulated DDR on Lane Bryant, a new tenant in Olympic Oaks. He stated that Aldi is a type of business that is not designed for the Olympic Oaks center. He also stated that Aldi is not a local business and there is no need for an Aldi as there are two Aldi stores within a five mile radius. He does not believe there is a need for another grocery store in Des Peres. He is concerned with traffic on Manchester Road. He does not believe that double bagging trash will protect the park and would like for Aldi to be held to the same standard of care as Schnucks and Dierbergs. He is also concerned that property values will decrease and he is worried that this will have a negative impact on the park. He asked if the CUP could have a one year expiration provision. He stated that several CUPs have been issued since 2010 and he is concerned that there may be issues with the City s codes. He quoted Mayor McDonald of Kirkwood, stating that Kirkwood declined Shop N Save s request for a CUP because the proposal was not special enough to allow a CUP and was not something good for the whole community. Sam Eversam, 1308 Bansbach, cited Section of the Municipal Code and stated that the CUP should be denied if all 13 items listed in are not met. Kathy Gregory, Manhattan, resides behind Dierbergs and stated that many people in her neighborhood wanted Dierbergs to be built as they are elderly and did not want to drive to a grocery store. She would like a variety of grocery store options and wishes that all centers make updates similar to the proposed site plan. Richard Elias, 1303 Bansbach, asked how the Olympic Oaks development would impact his current landscaping agreement with DDR as he currently maintains landscaping behind his home that borders Olympic Oaks and is DDR property. He asked where his current agreement would stand with the new agreement. Randy Mardis, Landscape Technologies, responded that Mr. Elias planted trees on DDR s property and Mr. Elias will continue to maintain the landscaping. Brian McGovern, DDR Attorney, cited Statute and page 84 of the Comprehensive Plan and stated that the proposed site plan is consistent with the Comprehensive Plan as the site generates revenue and is filling underutilized building space. He stated that this is not an expansion and the proposed site plan s aesthetics would improve the center. He also stated that Aldi cannot be compared to Dierbergs or Schnucks as Aldi receives deliveries from a central distribution center and does not receive separate deliveries from various vendors. He believes that all issues have been addressed and DDR is simply asking for approval. AMENDMENT OF AGENDA The Mayor asked if there were any additions or changes to the agenda. None were requested. 5

6 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 additional comments addressed to 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 Board of Adjustment meeting of August 28, 2013, and the Public Safety Commission meeting of September 4, He asked for any comments, questions or discussions on those reports. There were no questions or comments from the Board on the reports. CONSENT AGENDA Mayor Lahr advised that the Consent Agenda consists of five (5) 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 August 26, 2013 meeting of the Board of Aldermen 2. Warrant List Dated September 5 th R Adopting a Fund Balance Policy 4. R Authorizing a Contract with Stauder Architecture for Conceptual Design and Design Development for ADA Restroom Renovations at City Hall 5. R Granting a Temporary Exterior Display, Storage and Sales Permit to Dierbergs Des Peres Market for a Customer Appreciation Event to be held on September 15, 2013 The Mayor asked if there any items the board wished removed from consent agenda and placed under New Business. Alderman Kleinschmidt moved to approve the Consent Agenda, second by Alderman Becker. 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 Bill An Ordinance Repealing Section 3 of Ordinance 1092 and Adopting in Lieu Thereof A New Ordinance Approving A Revised Master Site Plan For Olympic Oaks Shopping Center (2 nd Reading) Alderman Pound gave Bill its second reading. Alderman Pound gave Bill its first reading on July 15,

7 Alderman Gmelich stated that she is concerned with the height of the center and the visibility from the residences behind the center. She is concerned with raising the height of the building from 35 feet to 44 feet. She asked how high the ceilings are in each store. Mr. Chiodini responded that that the average ceiling height is 14 but some stores have an open look and the ceiling is higher. The gables on the existing building are currently at 35 and will be raised to a maximum height of 44 but are allowed to go to 50 according to C-4. The Mayor stated that additional time is needed to consider the details of this bill and that a motion to table would be in order. Alderman Pound motioned to table the bill until next meeting, seconded by Alderman Becker. 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. The bill is now in position to be voted on at the September 23, Bill Granting a Conditional Use Permit for Operation of Grocery Supermarket Inc. at Manchester Road in Olympic Oaks Shopping Center (2 nd Reading) Alderman Kleinschmidt gave Bill its second reading. Alderman Gmelich gave Bill its first reading on July 15, Alderman Kleinschmidt asked DDR if they were still requesting a sign variance from the Board of Adjustment. DDR responded that that they are no longer requesting a sign variance. Alderman Concagh asked if the 6 vinyl fence could be any higher and if a different material could possibly be used for the fence. Mr. Chiodini stated that the height of the fence could be 8 but would require a variance. Planning and Zoning advised that a masonry fence would require a footing that may compromise existing trees and plants. Randy Mardis, Landscape Technologies, stated that the current chain-link fence would be removed. Alderman Pound stated that the maximum height of the site should be 42 according to page 3 of the proposed Ordinance. The City Attorney, Mr. O Keefe, stated that the maximum height allowed is 50 and would be changed in the Amended Master Agreement to conform to the plan. Mr. O Keefe will clarify at the next meeting. 7

8 Mr. Chiodini stated that the design change presented this evening increased the height of the architectural caps from 42 to 44. Alderman Pound commented that Mr. Elias should not have the agreement with DDR and should not be maintaining trees on DDR s property. He stated that DDR should manage all landscaping and a written document should be produced to ensure proper maintenance and to eliminate disputes. Mayor Lahr concurred with Alderman Pound and stated that DDR expressed similar concerns regarding the landscaping agreement with Mr. Elias. Mayor Lahr asked DDR to meet with Mr. Elias to work on the agreement. Landscaping maintenance should be written in the legislation. Mayor Lahr also expressed concern with the City s code enforcement and stated that the City should not shift responsibility to residents. Alderman Pound expressed concern regarding the vinyl fence on the east side of the center s property as this part of the fence would back up to a residential area. Alderman Pound stated that he sent Brian McDonald a link to view an example of a SimTek fence. Alderman Pound would like to consider using a SimTek fence rather than a vinyl fence. Brian McGovern, DDR Attorney, addressed Alderman Pound s concern regarding the fence and stated that DDR spent significant time considering other fencing options and found that the vinyl fence is consistent with other fences used in the City. He also stated that vinyl fences would help preserve plants and vegetation. Alderman Pound would like to consider using a SimTek fence and would like to ensure that vegetation is preserved. Alderman Becker stated that a SimTek fence will be used as a maximum buffer in his subdivision as Des Peres Hospital has agreed to install a SimTek fence between the hospital and his neighborhood. The Mayor addressed concerns of food waste, rodents and trash disposal. He asked if Aldi would have a trash enclosure similar to Dierbergs and Schnucks. Brian McGovern, DDR Attorney, stated that Aldi s will have an enclosed trash chute. Shawn Sawyer, Aldi representative, stated that a chute from inside the store will go to a trash compactor. He also stated that Aldi does not have prepared food and is smaller than Dierbergs and Schnucks. The Mayor stated that additional time is needed to consider the bill, and that the Board will need more clarification on trash disposal therefore a motion to table the bill would be in order. The City Attorney will also submit an amendment. Aldermen Kleinschmidt motioned to amend, seconded by Alderman Raczkiewicz. 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

9 Alderman Kleinschmidt motioned to table the bill until next meeting, seconded 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. A vote will be conducted on September 23, Bill An Ordinance Establishing the Annual Rate of Tax Levy for All Funds at $0.00 Per $100 of Assessed Value on All Real and Personal Property Located Within the City of Des Peres for the Year 2013 (2 nd Reading) Aldermen Gmelich gave Bill its second reading and motion to approve, seconded by Alderman Raczkiewicz. 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. Bill An Ordinance Amending Ordinance #1998, Personnel Rules & Regulations, To Adopt Amended Regulations on Political Activities of First Responders in Accordance with Statutory Amendments Mandated by the 97 th General Assembly (2 nd Reading) Aldermen Concagh gave Bill its second reading and motion to approve, seconded by Alderman Kleinschmidt. 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. Bill An Ordinance Amending Section of the Municipal Code Relating to the Appointment and Removal of the Director of Public Safety to Adopt Procedures Mandated by the 97 th General Assembly (2 nd Reading) Aldermen Pound gave Bill its second reading and motion to approve, seconded 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 New Business Bill An Ordinance Authorizing an Urban Agreement (STP ) with the Missouri Department of Transportation (MoDOT) Relating to the Replacement of the Oak Drive Bridge over Two Mile Creek (Introduction) Alderman Gmelich gave Bill its first reading. The Director of Public Works stated that this will be the 8 th and final bridge replacement in Des Peres. 9

10 The City Administrator stated the grant total is $518,000 and the City will be responsible for 20% of the costs as the grant covers 80% of the bridge replacement. REPORTS OF STAFF There were no additional reports from staff. 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 9:21 PM. Minutes prepared by: Amanda J. Foster City Clerk [These minutes are a draft and have not been approved by the Board of Aldermen.] Approved this day of September, Richard Lahr, Mayor ATTEST: Amanda Foster City Clerk 10