Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF MONDAY, JANUARY 20, 2020 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A PROPOSED TEXT AMENDMENT TO CODE PERTAINING TO LEARNING CENTERS AND TUTORING FACILITIES 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 delayed from December 16, 2019, the meeting which was cancelled, was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, January 20, 2020 at 7:00 p.m. at the Manchester Justice Center, 200 Highlands Boulevard Drive, to consider the following: CASE #19-TXT-013 – City Staff proposes a Zoning Text Amendment to sections of Article V to amend the number of Massage Therapy businesses in the C-1 Commercial, C-2 Commercial, and the PCD Planned Commercial Development Zoning Districts. 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 currently, Manchester’s regulations limit the number of massage therapist’s businesses to five and this is changing it to three. It is also excluding massage therapy as an accessory use to medical practices such as physical therapy, chiropractic, and such. There were no opponents, no comments from the public, and no questions from the Public Hearing 01-20-2020 – Proposed Text Amendment to Code Page 1 Board of Aldermen. Alderman Hamill stated the Planning and Zoning Commission gave a favorable recommendation to the Board of Aldermen. Mayor Clement closed the public hearing at 7:03 p.m. Respectfully submitted, Michelle Melugin Deputy City Clerk Note: This is a journal of the Public Hearing from January 20, 2020(summary); not a verbatim transcript regarding a proposed text amendment to Code pertaining to amending the number of Massage Therapy businesses in the C-1 Commercial, C-2 Commercial, and the PCD Planned Commercial Development Zoning Districts. If a recording of the public hearing is desired, please contact City Hall. Public Hearing 01-20-2020 – Proposed Text Amendment to Code Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, JANUARY 6, 2020 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor Mike Clement called the Regular Board of Aldermen meeting to order at 7:04 p.m. 2. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Huether, Alderman Nolte, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Toben, and Mayor Clement. A quorum was present. 3. APPROVAL OF THE MINUTES a. Minutes of the Monday, January 6, 2020 Public Hearing Regarding a Proposed Text Amendment to Code Pertaining to Learning Centers and Tutoring Facilities Alderman Hamill made the motion to approve the Minutes of the Monday, January 6, 2020 Public Hearing Regarding a Proposed Text Amendment to Code Pertaining to Learning Centers and Tutoring Facilities. The motion was seconded by Alderman Toben and carried unanimously, with no objections from any members of the Board of Aldermen. b. Minutes of the Monday, January 6, 2020 Regular Board of Aldermen meeting Alderman Ottenad made the motion to approve the Minutes of the Monday, January 6, 2020 Regular Board of Aldermen meeting. The motion was seconded by Alderman Toben and carried unanimously, with no objections from any members of the Board of Aldermen. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Regular Board of Aldermen meeting 01-20-2020 Page 1  Mayor Clement wanted to add introductions of Boy Scouts under Reports from the Mayor. Alderman Hamill made the motion to approve the Order of Items on the Agenda as submitted. The motion was seconded by Alderman Nolte and carried unanimously, with no objections from any members of the Board of Aldermen. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Comments from the Public There were none. 6. REPORTS FROM THE MAYOR a. Mayoral report Mayor Clement introduced the Boy Scouts that were in attendance. Mayor Clement wanted to let everyone know of some upcoming Parks dates that could be of interest. January 21, the parks has a wine glass painting class. January 23, Jitterbug Dance class put on in cooperation with Arthur Murray Dance studio. February 9, Community Band Concert will be a winter concert at Manchester United Church. February 25, Older Adult Day Trip to Union Station. February 27, The Veterans Resource Fair. Mayor Clement stated that Manchester had another Recycling Event on Saturday. Megan and Mike were there in attendance. Hundreds of vehicles come through every time they have it. They collected 10 tons of stuff this time. Mayor Clement wanted to acknowledge that during the next Board of Aldermen meeting, he will bring forward the complete list of nominees for the Veterans Commission. They have a complete list of people that are willing to serve. They are made up of both Veterans and Non-Veterans. Mayor Clement wanted to acknowledge the upcoming trivia night on February 28. Alderman Toben wanted everyone to know it will be held at the Parks Department. There are still 16 tables that need to be filled. It is for the PLAY scholarship, which is through Manchester Parks, it helps underprivileged children pay for some of the things that they may not be able to afford. We hope to have a lot of support through the community. Regular Board of Aldermen meeting 01-20-2020 Page 2 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of January 5, 2020 – January 15, 2020) There were no questions. City Administrator Larry Perney wanted to give to apropos to one of our City Employees, Court Administrator Colleen Massey-Skaggs. She applied for the Missouri Court Management Institute and was chosen to be a part of that class. It is a very exclusive training. b. Discussion Regarding Incident Response Vehicle (IRV) – Chief Scott Will Chief Scott Will stated since he has started at Manchester, he has noticed the incredible equipment and everything that the City provides for all the departments. He said there is an item in the back lot of the police department that seems to be there taking up space. The Incident Response Vehicle (IRV) was purchased in 2017 with Asset Forfeiture Funds. Chief Will stated that he read the letter that was prepared by Chief Tim Walsh for the purchase and it is a very compelling letter, but he thinks they have found that Manchester is fortunately unlike some of the other cities. We don’t have the tornados and major crimes that would necessitate having an off-site mobile Police Station. Chief Will stated the IRV has been sitting on the back lot since he has been Chief, it has been used once for the Tons of Trucks for display. Chief Will stated he had staff research it and it turns out that we can sell something that we have purchased with Asset Forfeiture Money. The earned monies do need to go back in the Asset Forfeiture Fund. He said there are a lot of things those funds could be used for. They are looking at new vests and new equipment for the Detective Bureau. City Administrator Larry Perney stated to Chief that it only has 900 miles? Chief Will stated yes but we are not sure how those miles even got there. Alderman Baumann stated he believes it is from the delivery of the vehicle since it was driven back from Texas. He said the officers really like the vests and he thinks it is a good idea to spend the money towards them. Mayor Clement stated that the Chief is asking for a blessing to get rid of the IRV and the funds received would go back into the Asset Forfeiture Funds to use in better ways. Regular Board of Aldermen meeting 01-20-2020 Page 3  Alderman Toben asked what is the approximate value we could receive for it. Chief Scott answered we purchased it in 2017 for around $73,345 with another $3,000 to $4,000 in equipment for the vehicle. Alderman Hamill asked if there is an interest in that type of stuff. Chief Will stated that there is a GOV Deals that we would put it on to sell those type of things on. Chief said that will take a hit, but it is not doing us any good keeping it. The Board of Aldermen all agree that it is in the best interest of the City to sell the IRV. There were no objections from the Board. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Mayor Clement stated there was one case on the Agenda, it was a Special Use Permit for the Eastern Market. The Eastern Market is currently in development where Goodwill is. It has outgrown its space and they are wanting to lease and take the new space next to Goodwill. It is a quite a bit larger. Mayor Clement stated that the Planning and Zoning Commission did give a favorable recommendation to the Board of Aldermen. It will be on the next Agenda. 9. ACTION ON OLD BILLS a. AN ORDINANCE APPROVING A ZONING TEXT AMENDMENT TO CODE PERTAINING TO LEARNING CENTERS AND TUTORING FACILITIES Alderman Ottenad read for the second time Bill #20-2397, entitled: “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO LEARNING CENTERS AND TUTORING FACILITIES IN COMMERCIAL ZONING DISTRICTS,” by title only. Alderman Ottenad made the motion that Bill #20-2397 become Ordinance #20- 2283. The motion was seconded by Alderman Toben. A poll of the Board showed: Alderman Nolte – aye Alderman Hamill – aye Alderman Toben – aye Alderman Baumann – aye Alderman Ottenad – aye Regular Board of Aldermen meeting 01-20-2020 Page 4  Alderman Huether – aye Mayor Clement announced that the motion passed 6 – 0, with no objections from any members of the Board of Aldermen. 10. INTRODUCTION OF NEW BILLS a. BILL APPOINTING THE NEW CITY CLERK Alderman Ottenad Introduced Bill #20-2399, entitled: “AN ORDINANCE APPOINTING JUSTIN KLOCKE AS THE CITY CLERK FOR THE CITY OF MANCHESTER AND ESTABLISHING THE TERMS AND CONDITIONS OF SAID EMPLOYMENT,” 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 Hamill and carried unanimously, without objection. Alderman Ottenad read for the second time Bill #20-2399, entitled: “AN ORDINANCE APPOINTING JUSTIN KLOCKE AS THE CITY CLERK FOR THE CITY OF MANCHESTER AND ESTABLISHING THE TERMS AND CONDITIONS OF SAID EMPLOYMENT,” by title only. Alderman Ottenad made the motion that Bill #20-2399 become Ordinance #20- 2284. The motion was seconded by Alderman Toben. 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 that the motion passed 6 – 0, with no objections from any members of the Board of Aldermen. b. BILL AMENDING THE CODE OF ORDINANCES TO AMEND THE NUMBER OF MASSAGE THERAPY BUSINESSES Alderman Hamill introduced Bill #20-2400, entitled: “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO MASSAGE THERAPISTS IN COMMERCIAL ZONING DISTRICTS,” by title only. Regular Board of Aldermen meeting 01-20-2020 Page 5  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 #20-2400, entitled: “AN ORDINANCE APPROVING TEXT AMENDMENTS TO THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO MASSAGE THERAPISTS IN COMMERCIAL ZONING DISTRICTS,” by title only. Alderman Hamill made the motion that Bill #20-2400 become Ordinance #20-2285. 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 that the motion passed 6 – 0, with no objections from any members of the Board of Aldermen. c. BILL AMENDING THE CODE OF ORDINANCES BY ADDING A NEW SECTION PERTAINING TO POSSESSION OF PROHIBITED THEFT DEVICES Alderman Baumann introduced Bill #20-2401, entitled: “AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF MANCHESTER, MISSOURI, CHAPTER 210: OFFENSES, ARTICLE VII., OFFENSES CONCERNING PROPERTY, BY ADDING NEW SECTION 210.1205 PERTAINING TO THE POSSESSION OF PROHIBITED THEFT DEVICES,” by title only. Chief Scott Will stated the Police have an ongoing problem with shoplifting. They have noticed that the stores are trying to do something to make it prohibited, such as putting on theft devices. They have caught some people with devices that allow the shoplifters to take the devices off. There is nothing the Police can do about it. It will be a tool to help prohibit that kind of activity. Nothing further at this time. d. BILL TO AMEND THE 2019 BUDGET Alderman Nolte introduced Bill #20-2402, entitled: “AN ORDINANCE AMENDING Regular Board of Aldermen meeting 01-20-2020 Page 6 ORDINANCE NO. 18-2241 THAT ADOPTED AND APPROVED THE BUDGET FOR THE CITY OF MANCHESTER FOR THE YEAR JANUARY 1, 2019 THROUGH DECEMBER 31, 2019, AND ORDINANCE 20-2281 THAT AMENDED THE 2019 BUDGET BY INCREASING REVENUES BY $205,000 AND EXPENSES BY $205,000”, by title only. Director of Finance Don Yucuis stated we are complying with State Law, the City cannot legally spend more than the budget expenses. As we are getting into January and February, we are still picking up some 2019 bills. Nothing further at this time. e. RESOLUTION AUTHORIZING AGREEMENT WITH CHARTER COMMUNICATIONS FOR ETHERNET SERVICES AND CLOUD SERVICES Alderman Huether read Proposed Resolution #20-0719, entitled: “A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO ENTER INTO A SIXTY MONTH (60 MONTH) SERVICE AGREEMENT WITH CHARTER COMMUNICATIONS OPERATING, LLC ON BEHALF OF SPECTRUM ENTERPRISE FOR ETHERNET SERVICES AND CLOUD CONNECT SERVICES FOR THE CITY OF MANCHESTER,” by title only. Mayor Clement asked if this is infrastructure enhancements. City Administrator Larry Perney answered this will be replacing our old cables for our telecommunications and internet. This will be running fiber optics, a main line to the Justice Center and from the Justice Center to each of the other buildings. They will then all be connected and should help with outages and problems with services. Also, in the future it will allow us to look at different kinds of phone systems that are more modern and technologically advanced. Alderman Huether stated it sounds like a big project; she wonders if this is something that will be completed this year. City Administrator Perney answered they are not super-fast and do have to bore between all of our buildings and there is really no fiber close. He thinks a minimum of six months for Charter. Alderman Huether made the motion for approval of Resolution #20-0719. The motion was seconded by Alderman Toben and carried unanimously, without any objections from any members of the Board of Aldermen. 11. MISCELLANEOUS a. Comments from the Public Regular Board of Aldermen meeting 01-20-2020 Page 7  There were none. 12. ADJOURNMENT At 7:32 p.m., after the Executive Session, there being no further business, Alderman Nolte made the motion to adjourn. The motion was seconded by Alderman Hamill and carried unanimously, without objection from any members of the Board of Aldermen. The meeting adjourned at 7:32 p.m. Respectfully submitted, Michelle Melugin Deputy City Clerk Note: This is a journal of the Board of Aldermen meeting held Monday, January 20, 2020, (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen meeting 01-20-2020 Page 8