Board of Aldermen

MINUTES OF THE PUBLIC HEARING HELD ON MONDAY, JULY 15, 2019 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A PROPOSED TEXT AMENDMENT REGARDING DISTRICT REGULATIONS Mayor Mike Clement called the Public Hearing of the Board of Aldermen to order at 7:00 p.m. 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. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, July 15, 2019 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: 19-TXT-004 - City Staff proposes a Zoning Text Amendment to sections of Article V of Chapter 405 of the Zoning Regulations of the City of Manchester regarding District Regulations. The proposed changes will allow bookstores and video stores as a Permitted Use rather than a Special Use in the Section 405.240 “C-1” Commercial Zoning District, Section 405.250 “C-2” Commercial Zoning District, Section 405.260 “PCD” Planned Commercial District and Section 405.285 “PBD” Planned Business Development District.” Mayor Clement 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 Planning, Zoning, and Economic Development Melanie Rippetoe stated that they have recognized that bookstores and video stores were only allowed by a Special Use Permit, which involves some first amendment rights, freedom of speech concerns, so this would allow these as permitted uses. Public Hearing 7-15-2019 – Zoning Text Amendment – District Regulations 1  There were no opponents, no questions or comments from the public or the Board of Aldermen. Alderman Hamill stated the Planning and Zoning Commission gave this a favorable recommendation. Mayor Clement closed the public hearing at 7:02 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Monday, July 15, 2019 regarding a Text Amendment regarding District Regulations (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing 7-15-2019 – Zoning Text Amendment – District Regulations 2  MINUTES OF THE PUBLIC HEARING HELD ON MONDAY, JULY 15, 2019 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A PROPOSED TEXT AMENDMENT DEFINING AND CLAR FYING ZONING PERTAINING TO SEXUALLY ORIENTED BUSINESSES Mayor Mike Clement called the Public Hearing of the Board of Aldermen to order at 7:02 p.m. 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. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, July 15, 2019 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: #19-TXT-005 – City Staff proposes a Zoning Text Amendment to sections of Article II Definitions and Article V District Regulations of Chapter 405 of the Zoning Regulations of the City of Manchester. The proposed changes will define and clarify zoning pertaining to sexually oriented businesses in Section 405.240 “C-1” Commercial Zoning District, Section 405.250 “C-2” Commercial Zoning District, Section 405.260 “PCD” Planned Commercial District and Section 405.285 “PBD” Planned Business Development District.” Mayor Clement 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 Planning, Zoning, and Economic Development Melanie Rippetoe stated the Zoning Regulations in the City of Manchester currently do not address sexually oriented businesses in any way. Given that they have First Amendment rights, Manchester thought it was important to limit where they were allowed and space requirements. This section Public Hearing-7-15-2019-Zoning Text Amendment defining and clarifying zoning Page 1 includes definitions for various different sexually-oriented businesses, and where they can and cannot be located. There were no opponents, no questions or comments from the public or the Board of Aldermen. Alderman Hamill stated the Planning and Zoning Commission gave this a favorable recommendation. Mayor Clement closed the public hearing at 7:05 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Monday, July 15, 2019 regarding a proposed Zoning Text Amendment defining and clarifying zoning pertaining to sexually- oriented businesses (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing-7-15-2019-Zoning Text Amendment defining and clarifying zoning Page 2  MINUTES OF THE PUBLIC HEARING HELD ON MONDAY, JULY 15, 2019 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A PROPOSED ZONING TEXT AMENDMENT SUPPLEMENTING EXISTING REGULATIONS OF SECTION 405.150 Mayor Mike Clement called the Public Hearing of the Board of Aldermen to order at 7:05 p.m. 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. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, July 15, 2019 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #19-TXT-007 – City Staff proposes a Zoning Text Amendment to sections of Article IV General Provisions of Chapter 405 of the Zoning Regulations of the City of Manchester. The proposed changes are intended to supplement the existing regulations pertaining to Section 405.150 Uses Not Permitted Are Prohibited.” Mayor Clement 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 Planning, Zoning, and Economic Development Melanie Rippetoe stated Sections in the Code that uses are not permitted are prohibited for more normal situations where it isn’t an issue because we possibly have not thought of everything that could or could not be wanted as a use and it should have to go through the text amendment process; however there are some uses that are permitted by right by State Statutes. This is just to supplement that to put in some regulations for those things that the City has not considered Public Hearing-7-15-2019-Zoning Text Amendment re. zoning regulations Page 1 but might be prohibited by right. It only allows them to be permitted only to the extent of the Law and only as a planned use and give it locations as to where these can go in. There were no opponents, no questions or comments from the public or the Board of Aldermen. Alderman Hamill stated the Planning and Zoning Commission recommended this as a favorable recommendation. Mayor Clement 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 Monday, July 15, 2019 regarding a proposed Zoning Text Amendment supplementing existing regulations of section 405.150 (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing-7-15-2019-Zoning Text Amendment re. zoning regulations Page 2  MINUTES OF THE PUBLIC HEARING HELD ON MONDAY, JULY 15, 2019 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A PROPOSED TEXT AMENDMENT ADDING CHAPTER 606 TO THE BUSINESS AND OCCUPAT ION SECTION OF THE CODE Mayor Mike Clement called the Public Hearing of the Board of Aldermen to order at 7:07 p.m. 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. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, July 15, 2019 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #19-TXT-008 – City Staff proposes a Text Amendment to add Chapter 606 to the Business and Occupation Section of the Municipal Code of the City of Manchester. The proposed changes include licensing requirements for Sexually Oriented Businesses.” Mayor Clement 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 Planning, Zoning, and Economic Development Melanie Rippetoe stated that in addition to allowing sexually-oriented businesses in specific areas, this supplements the zoning regulations which allows them as uses and it further requires special licensing in which it goes into details about sizing requirements. She advised that all of this is consistent with St. Louis County’s regulations and how they handle sexually-oriented businesses. There have been some additions because their language has not been updated in a while. Public Hearing-7-15-2019-Zoning Text Amendment adding Chapter 606 to Code Page 1  Ms. Rosemary Wessely, 305 Glyn Cagny Road, asked what the definitions are for sexually-oriented businesses. Director Rippetoe answered that there are pages of definitions as to what defines a sexually-oriented business. She said she would be happy to give Ms. Wessely the list later. Ms. Diane Iezzi, 437 Royal Village Drive, said that it doesn’t sound to her that the additions that they are putting in the Code are going to limit those kinds of sexually-oriented shops that we have. She said that Manchester Road is becoming very sleezy and she is very upset. She said that Dr. John’s is not something that she wants in her neighborhood. It is at the end of a subdivision, and she is sure that the people that live there are upset. She said she is also upset with all the spas that Manchester has. She does believe the City needs to go in and make sure they are all legitimate. She doesn’t like the way Manchester Road looks. She was on Olive Blvd. yesterday and they have legitimate businesses, ones that are recognizable. She said if we don’t stop it, our real estate prices will fall because of what it will do when you try to sell your home. She said the City of Manchester needs to fix this and it is important. Bob Iezzi, 437 Royal Village Drive, asked if anyone has been in Dr. John’s. He asked what is in there. Mayor Clement stated this is for comments from the public, not questions of the City officials. Alderman Hamill stated the Planning and Zoning Commission gave this a favorable recommendation. Mayor Clement closed the public hearing at 7:13 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Monday, July 15, 2019 regarding a proposed Zoning Text Amendment adding Chapter 606 to the Business and Occupation Section of the Code (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing-7-15-2019-Zoning Text Amendment adding Chapter 606 to Code Page 2  MINUTES OF THE PUBLIC HEARING HELD ON MON DAY, JULY 15, 2019 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A PROPOSED TEXT AMENDMENT DEFINING GROU P HOME, CARE HOME AND CAR E HOME COMPLEX Mayor Mike Clement called the Public Hearing of the Board of Aldermen to order at 7:13 p.m. 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. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, July 15, 2019 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #19-TXT-009 – City Staff proposes a Zoning Text Amendment to sections of Article II Definitions and Article V District Regulations of the Zoning Regulations of the City of Manchester in order to define and allow Group Home, Care Home, and Care Home Complex and clarify existing regulations.” Mayor Clement 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 Planning, Zoning, and Economic Development Melanie Rippetoe stated City Staff proposes the zoning text amendment to Article II and Article V District Regulations. It will move the definition of group home out of the definition of family because it shouldn’t be there, and moves it into its own separate definition. It also allows it as a permitted use in our R-1 zoning regulations. This has no change on the affect of where it is as it makes everything less complicated. Public Hearing-7-15-2019-Zoning Text Amendment defining Group Home, Care Home Page 1  Director Rippetoe stated that in addition, Manchester has added a definition for care home and care home complex. A care home is similar to a group home. A group home allows for no more than eight unrelated mentally or physically-handicapped persons residing in a single-family home. It is similar to a family style of living in which you have residents and there is one kitchen and shared living spaces. The care home allows for up to 15 people. The care home complex allows for up to three of these same buildings to be on the same lot, but only be allowed in a planned residential district so it will be a part of a planned residential development. It also changed the spacing requirements from 3,000 feet to 1,000 feet which is based on the DOJ and HUD’s position on spacing requirements for group homes for residents with disabilities which generally violates the FHA so they reduced the space requirements. Director Rippetoe stated this allows for a care home as a special use in residential zoning districts and allows for the care home complex in a planned residential district. Alderman Ottenad stated that she noticed that the group homes had to be 1,000 feet away from other group homes or from a care home. She wondered if there was any requirement between the two care homes. Director Rippetoe answered that she believes it is the same, with 1,000 feet between them. Mayor Clement stated the Planning and Zoning Commission gave this a favorable recommendation. Mayor Clement closed the public hearing at 7:18 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Monday, July 15, 2019 regarding a proposed Zoning Text Amendment defining Group Home, Care Home and Care Home Complex (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing-7-15-2019-Zoning Text Amendment defining Group Home, Care Home Page 2  MINUTES OF THE PUBLIC HEARING S HELD ON MONDAY, JULY 15, 2019 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A REZONING RE QUEST FOR PROPERTY AT 351 – 377 FOREST SUMMIT COURT , AND A REQUEST FOR A SPECIAL USE PERMIT FOR A CARE HOME COMPLEX AT 351-377 FOREST SUMMIT COURT, AND A REQUEST FOR A PPROVAL OF A PRELIMINARY SITE DEVELOPMENT PLAN TO CONSTRUCT A CA RE HOME COMPLEX Mayor Mike Clement called the Public Hearings of the Board of Aldermen to order at 7:18 p.m. 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. Mayor Clement stated that they will be handling the three different public hearings at one time. He said the first one is for a rezoning request, the second one is a request for a Special Use Permit, and the third one is a request for approval for a preliminary site development plan. The proponent is the same for all three public hearings. The following notice of the public hearings was then read: “The City of Manchester Board of Aldermen shall hold public hearings on Monday, July 15, 2019 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #19-REZ-001 – Barth Holohan, owner under contract, has applied for approval of a Rezoning of 351-377 Forest Summit Court in order to construct a Care Home Complex, consisting of three single-family style homes. The lots located at 351-365 Forest Summit Court were previously zoned C-1 Commercial and lots 369-377 Forest Summit Court were zoned R-1 Residential, and CASE #19-SUP-002 – Barth Holohan, owner under contract, has applied for approval of a Special Use Three Public Hearings-7-15-2019- property at 351-377 Forest Summit Court Page 1  Permit for a Care Home Complex, consisting of three single-family style homes to be located at 351-377 Forest Summit Court, in a proposed Planned Residential Development Zoning District, and CASE #19-SP-013 – Barth Holohan, owner under contract, has applied for approval of a Preliminary Site Development Plan in order to construct a Care Home Complex, consisting of three single-family style homes to be located at 351-377 Forest Summit Court, in a proposed Planned Residential Development Zoning District.” Mayor Clement 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 Planning, Zoning, and Economic Development Melanie Rippetoe said she had suggested that these three public hearings be wrapped into one since they are all connected. Mr. Barth Holohan, stated the property is right behind Vetta Sports on the hill there, and that property has been vacant for many years. He said he started a home care company 17 years ago to serve people in their individual homes because less than 15 percent of the population ever end up living in a retirement community. That involves independent, assisted and skilled nursing. He said the majority of us will live our remaining years in our homes or a home-like setting. He said he found that, for the individuals they were serving, when they became a little forgetful, they could benefit from the socialization component of life. In 2008, they started a Family Partners Adult Day Center at Manchester and 270. Mr. Holohan stated they found that as families started having loved ones increase in age or increase in the disease process of dementia, families would ask if there is something like the Family Partners Day Center that is 24-hour care, 7 days a week. In 2017, they opened up the first home at 232 Creve Coeur Avenue. It is a regular neighborhood and there are eight people who live there, and it is a homelike environment. They found that for individuals who are forgetful, there is nothing against these wonderful, bigger retirement communities, but in many cases if you are forgetful, you tend to gravitate to your room. He said in the environment he is speaking about, everything is beautiful but served family style. They are aware if everyone is eating. Mr. Holohan stated everyone eats dinner together, the rooms are intentionally small, so people are in a homelike setting, and there is a kitchen, living room, and a dining room. They are in a homelike setting so people can get the care they need. They have two staff 24/7 for the eight people who live there. Mr. Holohan said they are looking for another solution for individuals in the area who want to stay independent. The lot is currently vacant. There will be 12 people who live in each home. They will be starting from scratch. Three Public Hearings-7-15-2019- property at 351-377 Forest Summit Court Page 2  Mr. Holohan stated a lot of people want to know what kind of residences these will be. He said these types of homes do not decrease the value of the neighborhood. There is no devaluing of neighboring property. They try to keep property beautiful, landscaped well. None of the residents drive, there are no children going into the school system. They will not be having an excess of garbage. Mr. Holohan stated there will be two staff 24/7, plus a licensed nurse and a licensed director. The State of Missouri also overseas these types of homes. He said they worked with the Fire Marshal on the first home they did. There are a lot of checks and balances of who can be taken into the home and who cannot be taken into the home. The goal is to keep people in a homelike setting, so they don’t have to go to a big retirement center. Mr. Holohan stated as far as rezoning, currently the biggest part of the property is zoned C-1; the front part is residential. They are asking for it all to be zoned residential, all the property should be residential; none of the development is to be commercial. Mr. Holohan stated the development is to start late summer or early fall. Their goal is to do one home at a time, with the first home to be done in the summer. He said the goal is to build the second one right after the first. Mr. Holohan stated they have received feedback from Metropolitan Sewer District (MSD), so the drawing he provided shows the changes received from MSD. Originally, the front lot was to drain where it is currently, but the back lot was going to drain in the northwest corner. They have changed the bio-retention basin due to feedback from MSD. Mr. Holohan stated there are seven neighbors that he has written letters to and gone door-to-door asking if there are questions. He has met with two neighbors on the Manchester Municipality side and has met with three trustees on the unincorporated St. Louis County side. Mayor Clement stated that he has spoken to the residents and they feel comfortable with the discussions. Mr. Holohan stated that he lives in St. Louis and they do not have a big corporation that has people coming in from out of town. He believes the neighbors were used to what happened previously where people started digging without letting people know what is going on. Their goal is to let people know what they’re doing and when they’re doing it. They want to be good neighbors. They are quiet neighbors. They think it is nice to know there is a place where people can age in a place that is in a homelike setting. Alderman Ottenad thanked Mr. Holohan for reaching out to the neighbors. She said going back many years, developers would come in and would not talk to the people. She said there were water problems in the past. Mr. Holohan responded that Ms. Sontago has honeysuckle problems. He said she has a retention area now. He does not believe her water issues are a problem anymore. He said that for most of the neighbors on the Manchester side, their concern was safety and they are glad that it will not be vacant anymore. Alderman Ottenad asked if there is a vision of blasting. Three Public Hearings-7-15-2019- property at 351-377 Forest Summit Court Page 3  Mr. Holohan said that none of the homes will have basements. They positioned the homes closer to the top of the hill so their ability to get rid of the rock is minimal. His desire is to not have people try to get a lot of rock out of the hill. Alderman Ottenad stated that she has a loved one going through dementia and Mr. Holohan’s place on Manchester was mentioned to them as a really good place to go. She said when she saw this request coming in, she thought this is good. Alderman Toben asked the approximate amount that an individual will have to pay on a monthly basis. Mr. Holohan said that if the service is re-created in a home, it could be $13,000 - $14,000 a month. Most dementia units in a nursing home are around $300 a day. He said his care is more at an assisted-living category. He said assisted-living for dementia is anywhere from $5,000 to $6,000 to $9,000 a month. His current home is $7,500 a month, in the middle range, and this newer home will probably be closer to the $8,400 a month range. Alderman Toben asked about insurance coverages. Mr. Holohan said long term care does help for assisted living, Unfortunately, Medicaid does not pay for assisted living. Mayor Clement stated the Planning and Zoning Commission gave all three of these favorable recommendations. Mayor Clement closed the public hearing at 7:41 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Monday, July 15, 2019 regarding a Rezoning Request, a Special Use Permit and a Request for approval of a Preliminary Site Development Plan for property at 351 – 377 Forest Summit Court (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Three Public Hearings-7-15-2019- property at 351-377 Forest Summit Court Page 4  MINUTES OF THE PUB LIC HEARING HELD ON MONDAY, JULY 15, 2019 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A REQUEST FOR AN AMENDMENT TO SITE PLAN FOR PROPERTY AT 1108 SULPHUR SPRING ROA D Mayor Mike Clement called the Public Hearing of the Board of Aldermen to order at 7:41 p.m. 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. The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, July 15, 2019 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #19-SP-014 – Jason Brunk of The Goddard School, on behalf of CCE Properties LLC, owner, has applied for approval of an amendment to a Site Plan in order to construct a building addition and associated improvements for an existing school on a property located at 1108 Sulphur Spring Road, in the C-2 Commercial Zoning District.” Mayor Clement 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. Speaking as a proponent, Jason Brunk, 1108 Sulphur Spring Road, stated that they opened the Goddard School in 2010, and currently they have up to 136 children in it every day. Ever since they opened, the infant and one-year old classrooms have been full. With the uptick in the economy, demand has gone up higher. Mr. Brunk said he is proposing to add six classrooms and a gym. They have met with Fire Marshal Dan Bruno at the site and came up with a plan for a fire lane. They have gone with his recommendation which will give net 12 additional parking spaces. Each classroom Public Hearing 7-15-2019 re. Amendment to Site Plan for 1108 Sulphur Spring Rd. Page 1 will have two teachers in it. They anticipate a gym which will be fantastic. There were no opponents, no questions or comments from the public or the Board of Aldermen. Mayor Clement stated the Planning and Zoning Commission gave a favorable recommendation. Mayor Clement closed the public hearing at 7:46 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Note: This is a journal of the Public Hearing held Monday, July 15, 2019 regarding a Request for an amendment to a Site Plan for property at 1108 Sulphur Spring Road (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing 7-15-2019 re. Amendment to Site Plan for 1108 Sulphur Spring Rd. Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, JULY 15, 2019 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor Mike Clement called the Regular Board of Aldermen meeting to order at 7:46 p.m. 2. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Huether, Alderman Hamill, Alderman Nolte, Alderman Ottenad, Alderman Baumann, Alderman Toben and Mayor Clement. A quorum was present. 3. APPROVAL OF THE MINUTES a. Minutes of the Monday, July 1, 2019 Regular Board of Aldermen meeting Alderman Hamill made the motion to approve the Minutes of the Monday, July 1, 2019 Regular Board of Aldermen meeting. The motion was seconded by Alderman Huether and carried unanimously, with no objection from any members of the Board of Aldermen. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Alderman Ottenad made the motion to accept the agenda as established. The motion was seconded by Alderman Hamill and carried by a vote of 6 – 0, with no objection from any members of the Board of Aldermen. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Liquor License Approval 1. Walter Le Pere American Legion Post 208 licenses for three booths at the Annual Manchester Homecoming Festival Regular Board of Aldermen meeting of July 15, 2019 Page 1  Alderman Hamill made the motion to approve the Liquor Licenses for the three booths at the Manchester Homecoming Festival. The motion was seconded by Alderman Ottenad and carried unanimously, with no objection from any members of the Board of Alderman. b. Comments from the Public Ms. Pat Fox, 43 Boyd, discussed the fundraisers for Thursday of this week. She said that Tucker’s Place West will donate 25 percent of the evening’s proceeds which will be going to Backstoppers, and Lazy River Grill will be donating 15 percent of the evening’s proceeds. Ms. Fox stated that on July 30 at Panda Express from 11 a.m. to 11 p.m. there will be a fundraiser to help support “Manchester Shop-With-a Cop”. They request a minimum of 25 people to attend throughout the day. Ms. Fox stated flyers are all around the City. For the people who do not like Panda Express, they are also taking donations for “Shop-With-a-Cop”. Chief of Police Scott Will stated that due to all the injured or killed in the line of duty, they are currently financing 13 children. 6. REPORTS FROM THE MAYOR a. Mayoral Report Mayor Clement stated that last night was the second summer Community Band concert; there was a big crowd. The next one is August 11, themed around “Marches around the World”. Mayor Clement wanted to acknowledge the Small Business meeting coming up at 7:30 on Thursday morning. They will talk about issues in the City, there is also a question and answer session. Mayor Clement stated last Wednesday evening, he appreciated the attendance at “Conversations with the Mayor”. Mayor Clement stated Manchester has a “Tons of Trucks” event coming up on July 25, from 5:00 p.m. to 7:00 p.m. and that from 5:00 to 5:30 it will be “honk free”. 7. REPORTS FROM THE CITY ADMINISTRATOR a. Aging Ahead City Administrator Larry Perney stated that Aging Ahead had been running a senior community center for some time, and they have closed their doors. There have been several residents asking what can be done for cities to fill that void. He has met with Ballwin, Ellisville, and now Wildwood has joined. He said all these cities offer senior programming, but we need one centralized place where everyone can see these events. Mayor Clement and he met with West Newsmagazine about putting together events. They are proposing a two-page calendar with West Newsmagazine at $300 per month per city, and he would like to do a 12-month trial period. Regular Board of Aldermen meeting of July 15, 2019 Page 2  Mayor Clement said he feels very strongly that this is a tremendous opportunity. He said a single-page ad is $1,800; they are offering that same page at $750 for the communities involved. The question came up how they would be able to get advertising to give West Newsmagazine the opportunity to get advertisers to commit to long term. Mayor Clement stated that this would give senior adults a place to find all activities in the same location. Alderman Hamill made the motion to agree to the budget adjustment for funding for the West Newsmagazine for 12-month period. The motion was seconded by Alderman Nolte and carried by a vote of 6 – 0, with no objections from any members of the Board of Aldermen. b. Compliments to Employees City Administrator Larry Perney stated that recently, he has become aware of compliments to City employees. 1. Thank you letter to John Plowman, Dave Pracht and Mark Belpulsi City Administrator Larry Perney read a letter he received thanking John Plowman, Dave Pracht and Mark Belpulsi for their help regarding the rainwater problems he had in his backyard. 2. Letter to Chief Will regarding positive interaction with Officer Gerad Gonzalez City Administrator Perney read a letter Chief Will received pertaining to a positive interaction with Police Officer Gerad Gonzalez regarding a gentleman’s wallet. 3. Mayor Clement stated he also had a compliment for Mark Belpulsi Mayor Clement stated that he received a call about a dead deer and then he contacted Mark Belpulsi on a Saturday and Mark took care of getting the deer removed from the yard quickly. c. List of Paid Bills (Warrant dates of June 30 – July 13, 2019) There were no questions. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Hamill stated there was no meeting; but one is scheduled for next week. b. Homecoming Committee Alderman Ottenad reported that the Homecoming Committee met on July 10 at the Parks Building, and now the City has a contract with the American Legion to sell beer, wine and Regular Board of Aldermen meeting of July 15, 2019 Page 3 margaritas for Homecoming. So far, there are 18 booths for Homecoming. She informed the attendees that the “Citizen of the Year” is Allison Ebert, the “Business of the Year” is Goddard School, and the “Grand Marshal” is Eileen Collins. Alderman Ottenad stated they are still looking for another band for the parade. The next meeting will be August 14 at 6:30 at the Parks Building. The sponsors so far are Orchard Village Apartments, Allen Roofing, Goddard School, Lakeside Children’s Academy, Home Depot and Cornerstone Wealth Management. 9. ACTION ON OLD BILLS a. BILL # 19-2373 – AN ORDINANCE ACCEPTING TRANSFER OF THREE ROADWAYS FROM THE MISSOURI DEPARTMENT OF TRANSPORTATION TO THE CITY OF MANCHESTER Alderman Ottenad read for the second time Bill # 19-2373, entitled: “AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO ENTER INTO AN AGREEMENT WITH THE STATE OF MISSOURI DEPARTMENT OF TRANSPORTATION TO ACCEPT THE TRANSFER OF TOPWOOD DRIVE, MATTHEW WALKER WAY, AND A CERTAIN PORTION OF HOWARD GEORGE DRIVE FROM ITS SOUTH TERMINUS AT ENCHANTED PARKWAY TO THE STATE RIGHT-OF-WAY LINE NEAR 1021 HOWARD GEORGE DRIVE FROM THE STATE HIGHWAY SYSTEM INTO THE CITY OF MANCHESTER’S ROADWAY SYSTEM”, by title only. Alderman Ottenad made the motion that Bill # 19-2373, become Ordinance # 19- 2257. The motion was seconded by Alderman Hamill. A poll of the Board showed: Alderman Huether – aye Alderman Nolte – aye Alderman Hamill – aye Alderman Toben – aye Alderman Baumann – aye Alderman Ottenad – aye Mayor Clement announced the vote passed 6 – 0, with no objections from the Board. 10. INTRODUCTION OF NEW BILLS a. RESOLUTION APPROVING PURCHASE OF TOURNIQUETS WITH DUTY BELT HOLDERS FOR ALL POLICE OFFICERS, USING ASSET FORFEITURE FUNDS Alderman Baumann read Proposed Resolution # 19-0684, entitled : “A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO EXPEND THE SUM OF TWO THOUSAND ONE HUNDRED THREE DOLLARS AND TWENTY-FOUR CENTS ($2,103.24) FROM ASSET FORFEITURE FUNDS TO NORTH AMERICAN RESCUE FOR THE PURCHASE OF THIRTY-EIGHT (38) COMBAT Regular Board of Aldermen meeting of July 15, 2019 Page 4 APPLICATION TOURNIQUETS WITH DUTY BELT HOLDERS, AND TO ISSUE A PURCHASE ORDER THEREFOR”, by title only. Alderman Baumann made the motion to approve Resolution # 19-0684. The motion was seconded by Alderman Ottenad and carried by a vote of 6 – 0, with no objections from the members of the Board of Aldermen. b. BILL APPROVING A PROPOSED ZONING TEXT AMENDMENT REGARDING DISTRICT REGULATIONS Alderman Huether introduced Bill # 19-2374, entitled: “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO PERMITTED AND SPECIAL USES IN NON-RESIDENTIAL DISTRICTS”, by title only. Alderman Huether stated that emergency legislation had been requested, so she made the motion for approval of emergency legislation. The motion was seconded by Alderman Hamill, and carried unanimously, without objection. Alderman Huether read for the second time Bill # 19-2374, entitled “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO PERMITTED AND SPECIAL USES IN NON- RESIDENTIAL DISTRICTS”, by title only. Alderman Huether made the motion that Bill # 19-2374, become Ordinance # 19- 2258. The motion was seconded by Alderman Hamill. A poll of the Board showed: Alderman Nolte – aye Alderman Hamill – aye Alderman Toben – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Huether – aye Mayor Clement announced the vote passed 6 – 0, with no objections from the Board. c. BILL APPROVING PROPOSED ZONING TEXT AMENDMENT DEFINING AND CLARIFYING ZONING PERTAINING TO SEXUALLY ORIENTED BUSINESSES Alderman Nolte introduced Bill # 19-2375, entitled: “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO SEXUALLY ORIENTED BUSINESSES AS PERMITTED AND SPECIAL USES IN CERTAIN NON-RESIDENTIAL DISTRICTS”, by title only. Alderman Nolte stated that emergency legislation had been requested, so he made the motion for approval of emergency legislation. The motion was seconded by Alderman Hamill, and carried unanimously, without objection. Regular Board of Aldermen meeting of July 15, 2019 Page 5  Alderman Nolte read for the second time Bill # 19-2375, entitled “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO SEXUALLY ORIENTED BUSINESSES AS PERMITTED AND SPECIAL USES IN CERTAIN NON-RESIDENTIAL DISTRICTS”, by title only. Alderman Nolte made the motion that Bill # 19-2375, become Ordinance # 19-2259. The motion was seconded by Alderman Hamill. A poll of the Board showed: Alderman Hamill – aye Alderman Toben – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Huether – aye Alderman Nolte – aye Mayor Clement announced the vote passed 6 – 0, with no objections from the Board. d. BILL APPROVING PROPOSED ZONING TEXT AMENDMENT SUPPLEMENTING EXISTING REGULATIONS OF SECTION 405.150 Alderman Hamill introduced Bill # 19-2376, entitled: “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO USES NOT PERMITTED ARE PROHIBITED”, by title only. Alderman Hamill stated that emergency legislation had been requested, so he made the motion for approval of emergency legislation. The motion was seconded by Alderman Toben and carried unanimously, without objection. Alderman Hamill read for the second time Bill # 19-2376, entitled “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO USES NOT PERMITTED ARE PROHIBITED”, by title only. Alderman Hamill made the motion that Bill # 19-2376, become Ordinance # 19-2260. The motion was seconded by Alderman Nolte. 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 vote passed 6 – 0, with no objections from the Board. Regular Board of Aldermen meeting of July 15, 2019 Page 6  e. BILL APPROVING PROPOSED ZONING TEXT AMENDMENT ADDING CHAPTER 606 TO THE BUSINESS AND OCCUPATION SECTION OF THE CODE Alderman Baumann introduced Bill # 19-2377, entitled: “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE MUNICIPAL CODE OF THE CITY OF MANCHESTER PERTAINING TO LICENSING FOR SEXUALLY ORIENTED BUSINESSES”, by title only. Alderman Baumann stated that emergency legislation had been requested, so he made the motion for approval of emergency legislation. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. Alderman Baumann read for the second time Bill # 19-2377, entitled “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE MUNICIPAL CODE OF THE CITY OF MANCHESTER PERTAINING TO LICENSING FOR SEXUALLY ORIENTED BUSINESSES”, by title only. Alderman Baumann made the motion that Bill # 19-2377, become Ordinance # 19- 2261. The motion was seconded by Alderman Nolte. 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 vote passed 6 – 0, with no objections from the Board. f. BILL APPROVING ZONING TEXT AMENDMENT DEFINING GROUP HOME, CARE HOME AND CARE HOME COMPLEX Alderman Ottenad introduced Bill # 19-2378, entitled: “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO GROUP HOMES AND CARE HOMES IN RESIDENTIAL ZONING DISTRICTS”, by title only. Alderman Ottenad stated that emergency legislation had been requested, so she made the motion for approval of emergency legislation. The motion was seconded by Alderman Nolte and carried unanimously, without objection. Alderman Ottenad read for the second time Bill # 19-2378, entitled “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO GROUP HOMES AND CARE HOMES IN RESIDENTIAL ZONING DISTRICTS”, by title only. Alderman Ottenad made the motion that Bill # 19-2378, become Ordinance # 19- 2262. The motion was seconded by Alderman Hamill. Regular Board of Aldermen meeting of July 15, 2019 Page 7  A poll of the Board showed: Alderman Ottenad – aye Alderman Huether – aye Alderman Nolte – aye Alderman Hamill – aye Alderman Toben – aye Alderman Baumann – aye Mayor Clement announced the vote passed 6 – 0, with no objections from the Board. g. BILL APPROVING REZONING REQUEST FOR PROPERTY AT 351-377 FOREST SUMMIT COURT Alderman Huether introduced Bill # 19-2379, entitled: “AN ORDINANCE REZONING CERTAIN TRACTS OF LAND IN THE CITY OF MANCHESTER FROM ‘C-1’ COMMERCIAL DISTRICT AND ‘R-1’ SINGLE-FAMILY RESIDENTIAL DISTRICT TO ‘PRD’ PLANNED RESIDENTIAL DEVELOPMENT DISTRICT”, by title only. Alderman Huether stated that emergency legislation had been requested, so she made the motion for approval of emergency legislation. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. Alderman Huether read for the second time Bill # 19-2379, entitled “AN ORDINANCE REZONING CERTAIN TRACTS OF LAND IN THE CITY OF MANCHESTER FROM ‘C-1’ COMMERCIAL DISTRICT AND ‘R-1’ SINGLE-FAMILY RESIDENTIAL DISTRICT TO ‘PRD’ PLANNED RESIDENTIAL DEVELOPMENT DISTRICT”, by title only. Alderman Huether made the motion that Bill # 19-2379, become Ordinance # 19- 2263. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Huether – aye Alderman Nolte – aye Alderman Hamill – aye Alderman Toben – aye Alderman Baumann – aye Alderman Ottenad – aye Mayor Clement announced the vote passed 6 – 0, with no objections from the Board. h. BILL APPROVING SPECIAL USE PERMIT REQUEST FOR A CARE HOME COMPLEX AT 351-377 FOREST SUMMIT COURT Alderman Nolte introduced Bill # 19-2380, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO BARTH HOLOHAN ON BEHALF OF FAMILY PARTNERS MANCHESTER LLC, TO CONSTRUCT AND OPERATE A CARE HOME COMPLEX AT 351-377 FOREST SUMMIT COURT AS PROVIDED FOR IN Regular Board of Aldermen meeting of July 15, 2019 Page 8 SECTION 405.270 OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Nolte stated that emergency legislation had been requested, so he made the motion for approval of emergency legislation. The motion was seconded by Alderman Hamill and carried unanimously, without objection. Alderman Nolte read for the second time Bill # 19-2380, entitled “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO BARTH HOLOHAN ON BEHALF OF FAMILY PARTNERS MANCHESTER LLC, TO CONSTRUCT AND OPERATE A CARE HOME COMPLEX AT 351-377 FOREST SUMMIT COURT AS PROVIDED FOR IN SECTION 405.270 OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Nolte made the motion that Bill # 19-2380, become Ordinance # 19-2264. The motion was seconded by Alderman Hamill. A poll of the Board showed: Alderman Nolte – aye Alderman Hamill – aye Alderman Toben – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Huether – aye Mayor Clement announced the vote passed 6 – 0, with no objections from the Board. i. BILL APPROVING A PRELIMINARY SITE DEVELOPMENT PLAN TO CONSTRUCT A CARE HOME COMPLEX Alderman Hamill introduced Bill # 19-2381, entitled: “AN ORDINANCE APPROVING A FINAL SITE DEVELOPMENT PLAN SUBMITTED ON BEHALF OF BARTH HOLOHAN FOR A CARE HOME COMPLEX”, by title only. Alderman Hamill stated that emergency legislation had been requested, so he made the motion for approval of emergency legislation. The motion was seconded by Alderman Nolte and carried unanimously, without objection. Alderman Hamill read for the second time Bill # 19-2381, entitled “AN ORDINANCE APPROVING A FINAL SITE DEVELOPMENT PLAN SUBMITTED ON BEHALF OF BARTH HOLOHAN FOR A CARE HOME COMPLEX”, by title only. Alderman Hamill made the motion that Bill # 19-2381, become Ordinance # 19-2265. The motion was seconded by Alderman Toben. A poll of the Board showed: Alderman Hamill – aye Alderman Toben – aye Regular Board of Aldermen meeting of July 15, 2019 Page 9  Alderman Baumann – aye Alderman Ottenad – aye Alderman Huether – aye Alderman Nolte – aye Mayor Clement announced the vote passed 6 – 0, with no objections from the Board. j. BILL APPROVING REQUEST FOR AN AMENDMENT TO A SITE PLAN FOR PROPERTY AT 1108 SULPHUR SPRING ROAD Alderman Toben introduced Bill # 19-2382, entitled: “AN ORDINANCE APPROVING AN AMENDED FINAL DEVELOPMENT PLAN SUBMITTED ON BEHALF OF THE GODDARD SCHOOL FOR AN ADDITION AND ASSOCIATED IMPROVEMENTS”, by title only. Alderman Toben stated that emergency legislation had been requested, so he made the motion for approval of emergency legislation. The motion was seconded by Alderman Hamill and carried unanimously, without objection. Alderman Toben read for the second time Bill # 19-2382, entitled “AN ORDINANCE APPROVING AN AMENDED FINAL DEVELOPMENT PLAN SUBMITTED ON BEHALF OF THE GODDARD SCHOOL FOR AN ADDITION AND ASSOCIATED IMPROVEMENTS”, by title only. Alderman Toben made the motion that Bill # 19-2382, become Ordinance # 19-2266. The motion was seconded by Alderman Nolte. 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 vote passed 6 – 0, with no objections from the Board. 11. MISCELLANEOUS a. Comments from the Public An unidentified man in the audience asked for clarification regarding “Tons of Trucks”. Mayor Clement responded that “Tons of Trucks” would be held at Schroeder Park on July 25 from 5:00 p.m. until 7:00 p.m. 12. EXECUTIVE SESSION: Regular Board of Aldermen meeting of July 15, 2019 Page 10  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 a 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 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 stated that the motion passed by a vote of 6 – 0, with no objections from members of the Board of Aldermen. 13. ADJOURNMENT At 8:22 p.m., Mayor Clement stated that the open portion of the meeting had ended, and the elected officials would be going into a closed session. At 8:48 p.m., after the Executive Session, there being no further business, Alderman Hamill made the motion to adjourn. The motion was seconded by Alderman Nolte. A poll of the Board showed: Alderman Nolte – aye Alderman Hamill – aye Alderman Toben – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Huether – aye Mayor Clement announced the motion carried with no objections from the members of the Board of Aldermen. The meeting adjourned at 8:48 p.m. Respectfully submitted, Ruth E. Baker, MMC/MPCC City Clerk Regular Board of Aldermen meeting of July 15, 2019 Page 11 Note: This is a journal of the Board of Aldermen meeting of Monday, July 15, 2019 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen meeting of July 15, 2019 Page 12