Board of Aldermen

MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, AUGUST 7, 2023 AT 200 HIGHLANDS BOULEVARD DRIVE AMENDED AUGUST 21, 2023 CALL TO ORDER Mayor Clement called the Regular Board of Aldermen Meeting to order at 7:00 p.m. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Dodge, Alderman Ottenad, Alderman Huether, Alderman Toben, Alderman Baumann, and Mayor Clement. Alderman Nolte was absent. A quorum was present. APPROVAL OF THE MINUTES July 17, 2023 Public Hearing – Text Amendment Regarding Home Occupations Alderman Ottenad made the motion to approve the minutes of the Monday, July 17, 2023, Public Hearing regarding Home Occupations. The motion was seconded by Alderman Toben and carried unanimously, with no objections from any members of the Board of Aldermen. July 17, 2023 Public Hearing – Special Use Permit for 14360 Manchester Road Alderman Ottenad made the motion to approve the minutes of the Monday, July 17, 2023, Public Hearing for the Special Use Permit at 14360 Manchester Road. The motion was seconded by Alderman Toben and carried unanimously, with no objections from any members of the Board of Aldermen. July 17, 2023 Regular Board of Aldermen Meeting Alderman Ottenad made the motion to approve the minutes of the Monday, July 17, 2023, 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. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Mayor Clement requested that Alderman Dodge read Bill No. 23-2504 due to Alderman Nolte’s absence. It was also requested that an addition of number thirteen regarding personnel records be added to the closed session with good cause being that there was a timely matter that had just come up that afternoon. The motion was seconded by Alderman Baumann and carried unanimously, with no objections from any members of the Board of Aldermen. CONSIDERATION OF PETITIONS ManchesterCares Nonprofit Update Dave Bennett, President of ManchesterCares Inc., presented to the Board the work that Regular Board of Aldermen Meeting 8/7/2023 Page 1 ManchesterCares has been doing in the community and the collaborations they are fostering. He thanked the Board for their support in the beginning the organization and their dedication to promoting care in the community. He continued that they have had a lot of interest from community members wanting to lend a helping hand. Mayor Clement thanked ManchesterCares for the work they are doing, and reiterated Mr. Bennett’s observation of the immense investment residents have in volunteerism and helping others. The Board discussed the donation given to ManchesterCares and what donation might be given in the next year. Mr. Bennett explained the process for choosing projects to assist with. Comments from the Public Rob Libera, Executive CEO and Executive Director of Lafayette Industries, 179 Gaywood Drive, notified the Board of a fundraiser to support Sgt Absolon. He explained that she had been a first responder when he had a heart attack, and their organization would like to help raise money in her fight with cancer. He continued that the “Race to Beat Cancer” would be held at Lafayette Industries on Saturday, September 16th. REPORTS FROM THE MAYOR Mayor Clement thanked everyone involved in the open houses. He acknowledged some successful Parks programming including a concert and car show at the park. He notified the Board of upcoming events including a Manchester Community Band Concert on August 13th, Shakespeare in the Park on August 27th, and a Chamber Music Concert on August 30th. Mayor Clement encouraged everyone to be involved in the Race to Beat Cancer event supporting Sgt Absolon. REPORTS FROM THE CITY ADMINISTRATOR City Administrator Klocke congratulated City Attorney Seele on her position as First Vice President of the Missouri Municipal Attorneys Association. List of Paid Bills (Warrant dates of 07-17-2023 to 08-06-2023) There were no questions. Reports from the Committees Planning and Zoning Commission Mayor Clement reported that the Planning and Zoning Commission deferred a greenspace variance and approved an architectural review for a single-family home at their last meeting. Veterans Commission Alderman Huether stated there was no report for the Veterans Commission. Audit and Finance Committee Alderman Baumann stated that there was no report for the Audit and Finance Committee. Tree Advisory Board Alderman Dodge stated that there was no report for the Tree Advisory Board. Regular Board of Aldermen Meeting 8/7/2023 Page 2 Homecoming Committee Alderman Ottenad reported that the Homecoming Committee met and that on September 9th the parade would start at 10am at Journey Church. She reminded the Board that the theme for this year’s homecoming was ‘Out of this World’ and that decorated vehicles are welcomed and encouraged for the parade. The next meeting is scheduled for August 16th at 6:30 pm at Schroeder Park. Annexation Update Alderman Dodge reported that the open houses have concluded and that people who came left with a lot of helpful information. ACTION ON OLD BILLS BILL NO. 23-2504 Approving Final Site Development Plan for 4 Topwood Drive Alderman Dodge read for the second time Bill No. 23-2504 entitled: “AN ORDINANCE APPROVING A FINAL SITE DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A CARE HOME COMPLEX AT 4 TOPWOOD DRIVE, MANCHESTER MISSOURI,” by title only. Alderman Dodge made the motion that Bill No. 23-2504, become Ordinance No. 23-2388. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Ottenad – aye Alderman Dodge – aye Alderman Huether – aye Alderman Toben – aye Alderman Baumann – aye Alderman Nolte – absent Mayor Clement announced that the motion passed 5 to 0, with no objections from any members of the Board of Aldermen. BILL NO. 23-2505 Text Amendment Pertaining to Home Occupations Alderman Ottenad read for the second time Bill No. 23-2505 entitled: “AN ORDINANCE APPROVING TEXT AMENDMENTS TO SECTIONS 405.060, 405.155, AND 405.170 OF THE ZONING CODE OF THE CITY OF MANCHESTER PERTAINING TO HOME OCCUPATIONS,” by title only. Alderman Ottenad made the motion that Bill No. 23-2505, become Ordinance No. 23-2389. The motion was seconded by Alderman Dodge. A poll of the Board showed: Alderman Dodge – aye Alderman Baumann – aye Regular Board of Aldermen Meeting 8/7/2023 Page 3 Alderman Toben – aye Alderman Huether – aye Alderman Ottenad – aye Alderman Nolte – absent Mayor Clement announced that the motion passed 5 to 0, with no objections from any members of the Board of Aldermen. BILL NO. 23-2506 Special Use Permit to Operate a Restaurant with Liquor Sales for 14360 Manchester Road Alderman Toben read for the second time Bill No. 23-2506 entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO ELIZABETH KAYSER TO OPERATE A RESTAURANT WITH LIQUOR SALES AND CONSUMPTION ON THE PREMISES AT 14360 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.285(C)(12) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER,” by title only. Alderman Toben made the motion that Bill No. 23-2506, become Ordinance No. 23-2390. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Huether – aye Alderman Ottenad – aye Alderman Toben – aye Alderman Baumann – aye Alderman Dodge – aye Alderman Nolte – absent Mayor Clement announced that the motion passed 5 to 0, with no objections from any members of the Board of Aldermen. BILL NO. 23-2507 Approving Final Plat for 781 Sulphur Spring Alderman Baumann read for the second time Bill No. 23-2507 entitled: “AN ORDINANCE APPROVING A FINAL SUBDIVISION PLAT, “WINSTON PARK RESUBDIVISION OF LOTS 18 THRU 22”, LOCATOR NUMBER 23R310565 IN THE CITY OF MANCHESTER, MISSOURI AND AUTHORIZING SAME TO BE RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF ST. LOUIS COUNTY, MISSOURI,” by title only. Alderman Baumann made the motion that Bill No. 23-2507, become Ordinance No. 23-2391. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Dodge – aye Alderman Ottenad – aye Alderman Huether – aye Regular Board of Aldermen Meeting 8/7/2023 Page 4 Alderman Baumann – aye Alderman Toben – aye Alderman Nolte – absent Mayor Clement announced that the motion passed 5 to 0, with no objections from any members of the Board of Aldermen. BILL NO. 23-2508 Carman Road Sidewalk Improvements Alderman Huether read for the second time Bill No. 23-2508 entitled: “AN ORDINANCE AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE A TRANSPORTATION ENHANCEMENTS FUNDS GRANT PROGRAM (TEF) – URBAN PROGRAM AGREEMENT BETWEEN THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF MANCHESTER FOR THE CARMAN ROAD PEDESTRIAN IMPROVEMENTS,” by title only. Alderman Huether made the motion that Bill No. 23-2508, become Ordinance No. 23-2392. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Toben – aye Alderman Ottenad – aye Alderman Dodge – aye Alderman Baumann – aye Alderman Huether – aye Alderman Nolte – absent Mayor Clement announced that the motion passed 5 to 0, with no objections from any members of the Board of Aldermen. INTRODUCTION OF NEW LEGISLATION Resolution No. 23-0942 2023 Electronics Recycling Collection Grant Alderman Huether explained that the City has shown continued dedication to sustainability and wanted to highlight the longevity of electronics recycling event which has been funded by Manchester since October 2011. Alderman Huether read Proposed Resolution No. 23-0942, entitled: “A RESOLUTION OF THE CITY OF MANCHESTER BOARD OF ALDERMEN ENDORSING SAINT LOUIS COUNTY’S GRANT PROGRAM FOR THE CITY’S WASTE REDUCTION EFFORTS,” by title only. Alderman Huether made the motion for approval of Resolution No. 23-0942. The motion was seconded by Alderman Toben and carried unanimously, with no objections from any members of the Board of Aldermen. Regular Board of Aldermen Meeting 8/7/2023 Page 5 Resolution No. 23-0943 Celtic Meadows Letter of Credit Release Plat 2 Alderman Dodge read Proposed Resolution No. 23-0943, entitled: “A RESOLUTION AUTHORIZING A PARTIAL REDUCTION OF THE DEPOSIT SUM SECURING SUBDIVISION IMPROVEMENTS IN THE ARBORS AT CELTIC MEADOWS SUBDIVISION PLAT 2; RELEASING THE DEVELOPER DEPOSIT AGREEMENT; AND AUTHORIZING A REPLACEMENT CASH DEPOSIT AGREEMENT WITH MCBRIDE CELTIC MEADOWS, LLC FOR THE REDUCED DEPOSIT SUM,” by title only. Alderman Dodge made the motion for approval of Resolution No. 23-0943. The motion was seconded by Alderman Toben and carried unanimously, with no objections from any members of the Board of Aldermen. BILL NO. 23-2509 Amending Chapter 215 Relating to Nuisances Affecting Health Alderman Toben read Proposed Bill No. 23-2509 entitled: “AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 215 OF THE CODE OF ORDINANCES RELATING TO NUISANCES AFFECTING HEALTH IN THE CITY OF MANCHESTER, MISSOURI,” by title only. Director Riganti explained that the procedure for nuisance lighting would follow the same process as other code enforcement violations. She continued that this addresses external light that goes into neighbors’ windows. Director Riganti answered the Board’s questions explaining that there have been complaints about this issue and there were no means to address it in residential districts. She continued that light would be assessed by a “reasonable person standard” in residential districts. No further action at this time. MISCELLANEOUS Comments from the Public None CLOSED SESSION Alderman Ottenad read “Notice is hereby given that pursuant to Chapter 610, Section 610.021 of the Revised Statutes of Missouri (the Missouri Open Meetings and Records Law) and subject to a motion duly made and adopted by roll call vote, the Board of Aldermen will hold a closed meeting for the purpose of dealing with matters relating to the following: Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys (Sec. 610.021(1) RSMo) Individually identifiable personnel records, performance ratings or records pertaining to employees closed record (Section 610.021(13) RSMo). Alderman Ottenad made the motion to go into closed session. The motion was seconded by Regular Board of Aldermen Meeting 8/7/2023 Page 6 Alderman Baumann. A poll of the Board showed: Alderman Huether – aye Alderman Toben – aye Alderman Ottenad – aye Alderman Dodge – aye Alderman Baumann – aye Alderman Nolte – absent Mayor Clement announced that the motion passed 5 to 0, with no objections from any members of the Board of Aldermen. ADJOURNMENT There being no further business, Alderman Toben made the motion to adjourn. The motion was seconded by Alderman Baumann and carried unanimously. The meeting adjourned at 8:20 p.m. Regular Board of Aldermen Meeting 8/7/2023 Page 7