Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF MONDAY, OCTOBER 2, 2023 SPECIAL USE PERMIT FOR SHED AT 14441 MANCHESTER ROAD CALL TO ORDER Mayor Mike Clement called the Public Hearing of the Board of Aldermen to order at 7:00 p.m. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Nolte, Alderman Dodge, Alderman Ottenad, Alderman Huether, Alderman Toben, Alderman Baumann, and Mayor Clement. A quorum was present. PUBLIC HEARING The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, October 2nd at 7:00 p.m. at the Manchester Justice Center, 200 Highlands Boulevard Dr, to consider the following: Case Number 23-SUP-03 – Consideration of a Special Use Permit to allow a property located in the C-1 Commercial zoning district to construct an accessory structure (shed) on the property. The subject property is 14441 Manchester Road, Manchester Missouri.” Director Riganti gave context to the special use permit request. She explained that the zoning code required a special use permit to be granted for a property to construct accessory structures in the City’s commercial districts. She continued that the applicant was seeking to put a shed on the subject property. Speaking as a proponent, Michael Haddad, owner of The Diamond Family, located at 14441 Manchester Road, explained that the business had continued to grow and that they would like to move storage items that are currently contained in offices to a shed on site. He continued they would then be able to utilize the office space for business. COMMENTS FROM OPPONENTS, QUESTIONS OR COMMENTS FROM THE PUBLIC There were no opponents. Alderman Nolte reported that the Planning and Zoning Commission gave there was a positive recommendation for approval of the special use permit. ADJOURNMENT Mayor Clement closed the public hearing at 7:05 p.m. Public Hearing 10/2/23 SUP 14441 Manchester Road Page 1  MINUTES OF THE PUBLIC HEARING OF MONDAY, OCTOBER 2, 2023 TEXT AMENDMENT FOR COMPREHENSIVE MARIJUANA LAND USE CALL TO ORDER Mayor Mike Clement called the Public Hearing of the Board of Aldermen to order at 7:05 p.m. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Nolte, Alderman Dodge, Alderman Ottenad, Alderman Huether, Alderman Toben, Alderman Baumann, and Mayor Clement. A quorum was present. PUBLIC HEARING The following notice of the public hearing was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, October 2nd at 7:00 p.m. at the Manchester Justice Center, 200 Highlands Boulevard Dr, to consider the following: Case Number 23-TXT-002: Text Amendment to Multiple Sections of the Zoning Code Relating to Regulations for Medical and Recreational Marijuana Land Uses in Compliance with Amendment 3 to the Missouri Constitution.” Speaking as a proponent, Director Riganti explained that the text amendment being presented was to make the City’s land use codes compliant with the passage of Amendment 3 to the Missouri Constitution regarding comprehensive marijuana. She continued that municipalities could govern the time, place, and manner of these facilities, but without a city-wide vote they could not be prohibited within city limits. Director Riganti explained that the proposed text amendment listed dispensary facilities as a Special Use in the C-1 and C-2 Zoning Districts, maintaining consistency with existing code which lists medical marijuana dispensaries as special uses in these districts. She explained the current requirements for medical marijuana use and the differences in the proposed comprehensive legislation. She continued that the Planning & Zoning Commission voted in support of approval of the legislation at their September 11, 2023, meeting. COMMENTS FROM OPPONENTS, QUESTIONS OR COMMENTS FROM THE PUBLIC There were no opponents. Director Riganti answered the Board’s questions explaining that other municipalities in the area are passing similar legislation in response to Amendment 3s passage. She continued that some municipalities are decreasing the distance requirements from a school, church or Public Hearing 10/2/23 Text Amendment for Comprehensive Marijuana Land Use Page 1 daycare to 500ft, instead of 1,000ft. Director Riganti explained that there was also a distance requirement of 1,000ft from a like business, limiting the number of marijuana businesses in close proximity to one another. City Attorney Rost explained that the City was bound to the state’s definition of school when determining which lots would meet the 1,000ft requirement for the use. ADJOURNMENT Mayor Clement closed the public hearing at 7:17 p.m. Public Hearing 10/2/23 Text Amendment for Comprehensive Marijuana Land Use Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, OCTOBER 2, 2023 AT 200 HIGHLANDS BOULEVARD DRIVE CALL TO ORDER Mayor Clement called the Regular Board of Aldermen Meeting to order at 7:17 p.m. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Nolte, Alderman Dodge, Alderman Ottenad, Alderman Huether, Alderman Toben, Alderman Baumann, and Mayor Clement. A quorum was present. APPROVAL OF THE MINUTES September 18, 2023 Public Hearing –Special Use Permit for 210 Henry Ave Alderman Ottenad made the motion to approve the minutes of the Monday, September 18, 2023, Public Hearing for a Special Use Permit for 210 Henry Ave. The motion was seconded by Alderman Baumann and carried unanimously, with no objections from any members of the Board of Aldermen. September 18, 2023 Public Hearing –Text Amendment for Marijuana Land Uses Alderman Ottenad made the motion to approve the minutes of the Monday, September 18, 2023, Public Hearing for a Text Amendment for Marijuana Land Uses. The motion was seconded by Alderman Baumann and carried unanimously, with no objections from any members of the Board of Aldermen. September 18, 2023 Regular Board of Aldermen Meeting Alderman Ottenad made the motion to approve the minutes of the Monday, September 18, 2023, Regular Board of Aldermen Meeting. The motion was seconded by Alderman Baumann and carried unanimously, with no objections from any members of the Board of Aldermen. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Alderman Ottenad made the motion to approve the Order of Items on the Agenda, as presented. The motion was seconded by Alderman Baumann and carried unanimously, with no objections from any members of the Board of Aldermen. CONSIDERATION OF PETITIONS Picnic License for St. Joseph’s Church City Clerk Melugin explained that St. Joseph’s Church has an upcoming annual event and are applying for a picnic license to sell alcohol. Alderman Ottenad made the motion for approval of the Picnic License for St. Joseph’s Church. Regular Board of Aldermen Meeting 10/2/2023 Page 1 The motion was seconded by Alderman Baumann and carried unanimously, with no objections from any members of the Board of Aldermen. Comments from the Public None. REPORTS FROM THE MAYOR Mayoral Proclamations- National Planning Month Mayor Clement read a proclamation recognizing National Planning Month and thanking the Planning and Zoning Department and Commission for their hard work and dedication. Mayoral Reports Mayor Clement reported that Planning and Zoning Commissioner Paula Glaser had resigned and Derrick Williams was approved to fill her vacancy at the last Board of Aldermen meeting. Mayor Clement thanked Director Sieve and the Finance Department on their diligent and timely work on budget books. He continued by acknowledging upcoming Parks programming and fall events. Mayor Clement let the Board of Aldermen know that the next Manchester Message would be sent to the printer shortly and would hit mailboxes early November in both Manchester and the annexation area. Mayor Clement notified the Board that there would be two open houses for the new City Hall on October 19th and October 28th. REPORTS FROM THE CITY ADMINISTRATOR City Administrator Klocke reported that staff has been working on getting everything over and unpacked at new City Hall. He thanked IT Technician Fox, Director Schien, Superintendent Elliot, Director Tate and their staff on their work in getting new City Hall ready. List of Paid Bills (Warrant dates of 09-18-2023 to 10-01-2023) There were no questions. Mayor Clement thanked Wayne Hartmann for bringing a World War II flag to give to a Veteran of World War II. Reports from the Committees Planning and Zoning Commission Alderman Nolte reported that the Planning and Zoning Commission reviewed a street dedication for Baxter Commons Dr which had been tabled until the next meeting and they had approved an architectural review and a text amendment regarding special use permits. Veterans Commission Alderman Huether reminded everyone that Veterans Day would be observed on Friday, November 10th, since the holiday fell on a Saturday. She continued that there would be various activities and ceremonies through the City. She reported that the Veterans Commission’s next meeting would be on Thursday, October 5th at 5pm at new City Hall. Regular Board of Aldermen Meeting 10/2/2023 Page 2 Audit and Finance Committee Alderman Baumann stated that the Audit and Finance Committee had no report. Their next meeting would be October 16th. Tree Advisory Board Alderman Dodge stated that the Tree Advisory Board would meet October 3rd at 6pm. Homecoming Committee Alderman Ottenad reported that Homecoming Committee did not meet. The wrap-up meeting would be on October 18th at 6:30pm at the Park office. Annexation Update Alderman Dodge reminded everyone that the election would be on November 7th and that there was a lot of activity with the Friends of Growing Manchester. ACTION ON OLD BILLS None. INTRODUCTION OF NEW LEGISLATION BILL NO. 23-2513 Special Use Permit for Accessory Structure at 14441 Manchester Road Alderman Baumann read Proposed Bill No. 23-2513 entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO MICHAEL HADDAD, PROPERTY OWNER, TO CONSTRUCT AN ACCESSORY STRUCTURE ON THE PROPERTY LOCATED AT 14441 MANCHESTER ROAD IN THE C-1 COMMERCIAL ZONING DISTRICT AS PROVIDED FOR IN SECTION 405.240(C)(14) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER,” by title only. Alderman Baumann stated Emergency Legislation has been requested. Alderman Baumann made the motion for approval of emergency legislation. The motion was seconded by Alderman Dodge and carried unanimously, with no objections from any members of the Board of Aldermen. Alderman Baumann read for the second time Bill No. 23-2513, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO MICHAEL HADDAD, PROPERTY OWNER, TO CONSTRUCT AN ACCESSORY STRUCTURE ON THE PROPERTY LOCATED AT 14441 MANCHESTER ROAD IN THE C-1 COMMERCIAL ZONING DISTRICT AS PROVIDED FOR IN SECTION 405.240(C)(14) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER,” by title only. Alderman Baumann made the motion that Bill No. 23-2513, become Ordinance No. 23-2397. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Dodge – aye Alderman Baumann – aye Alderman Toben – aye Regular Board of Aldermen Meeting 10/2/2023 Page 3 Alderman Huether – aye Alderman Nolte – aye Alderman Ottenad – aye Mayor Clement announced that the motion passed 6 to 0, with no objections from any members of the Board of Aldermen. BILL NO. 23-2514 Text Amendment to Medical and Recreational Marijuana Land Uses Alderman Nolte read Proposed Bill No. 23-2514 entitled: “AN ORDINANCE AMENDING MULTIPLE SECTIONS OF THE MANCHESTER ZONING CODE RELATING TO REGULATIONS FOR MEDICAL AND RECREATIONAL MARIJUANA LAND USES IN COMPLIANCE WITH THE MISSOURI CONSTITUTION,” by title only. No further action at this time. Resolution No. 23-0947 Highlands Boulevard Drive Snow Plowing Agreement Alderman Dodge read Proposed Resolution No. 23-0947, entitled: “A RESOLUTION APPROVING AN THIRTEEN AMENDMENT TO THE SNOW PLOWING SERVICES AGREEMENT BETWEEN THE CITY OF MANCHESTER, MISSOURI AND TKG – MANCHESTER HIGHLANDS SHOPPING CENTER, LLC,” by title only. Alderman Dodge made the motion for approval of Resolution No. 23-0947. The motion was seconded by Alderman Ottenad and carried unanimously, with no objections from any members of the Board of Aldermen. Resolution No. 23-0948 Construction Services for Mayfair Park – King George Improvement Project Alderman Huether read Proposed Resolution No. 23-0948, entitled: “A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO A CONTRACT WITH TWO ALPHA CONTRACTING LLC IN THE AMOUNT OF FOUR HUNDRED SEVENTY-SEVEN THOUSAND EIGHT HUNDRED EIGHTY-TWO DOLLARS AND SEVENTY-FIVE CENTS ($477,882.75) FOR THE MAYFAIR PARK – KING GEORGE IMPROVEMENT PROJECT IN THE CITY OF MANCHESTER,” by title only. Alderman Huether made the motion for approval of Resolution No. 23-0948. The motion was seconded by Alderman Ottenad and carried unanimously, with no objections from any members of the Board of Aldermen. Resolution No. 23-0949 Agreement for Stock & Associates for Mayfair Park – King George Improvement Project Alderman Ottenad read Proposed Resolution No. 23-0949, entitled: “A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO ENTER Regular Board of Aldermen Meeting 10/2/2023 Page 4 INTO A CONTRACT WITH STOCK & ASSOCIATES CONSULTING ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED SIXTEEN THOUSAND DOLLARS ($16,000.00) TO PROVIDE THE CITY WITH CONSTRUCTION INSPECTION SERVICES FOR THE MAYFAIR PARK – KING GEORGE IMPROVEMENT PROJECT IN THE CITY OF MANCHESTER,” by title only. Alderman Ottenad made the motion for approval of Resolution No. 23-0949. The motion was seconded by Alderman Huether and carried unanimously, with no objections from any members of the Board of Aldermen. MISCELLANEOUS Alderman Baumann stated that Toys R Us is looking for new locations around the country and requested that staff look into them potentially coming into a vacant area in Manchester. Comments from the Public None. ADJOURNMENT There being no further business, Alderman Ottenad made the motion to adjourn. The motion was seconded by Alderman Huether and carried unanimously. The meeting adjourned at 7:40 p.m. Regular Board of Aldermen Meeting 10/2/2023 Page 5