Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF MONDAY, MARCH 2, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A SPECIAL USE PERMIT REQUEST FOR A MASSAGE THERAPIST BUSINESS AT 128 ENCHANTED PARKWAY Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:00 p.m. Roll call showed those present were Alderman Clement, Alderman Stevens, Alderman Hamill, Alderman Ottenad, Alderman Schrader, Alderman Diehl, Mayor Willson and Attorney Gunn. 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, March 2, 2015 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #15-SUP-002 – A request is made by Elizabeth Ann Maddox of Precision Massage, LLC (formerly Selah Message Therapies, LLC) for a massage therapist business at 128 Enchanted Parkway, Suite 102. The property is zoned C-1 Commercial District.” Mayor Willson stated that first we would hear from the proponents, then the opponents, comments from the public and comments from the Board of Aldermen. Ms. Elizabeth Ann Maddox, owner and operator of Precision Massage, LLC, stated she has been at 128 Enchanted Parkway in Suite 201 since 2008, and she has grown a lot beyond what she can do herself, so she is taking on independent contractors. She will be expanding to a bigger location. Alderman Hamill asked how many additional employees will be there. Ms. Maddox answered there will be equivalent to two full timers. There will be three treatment rooms. She will be in one and then the two full timers in the other two rooms. Ms. Maddox stated she has been a physical therapist since 1989, and she got her massage certificate in 2002. The question was asked on how she plans to oversee independent contractors, Public Hearing-Special Use Permit Request for massage therapist 03/02/2015 Page 1 and she answered by law they are required to be licensed, and that is a national requirement for her, as well. In order to be licensed you have to complete a 600 hour massage therapy program and have to pass a national examination. She said they have to maintain that license with continuing education every two years. Alderman Hamill asked if she would be there full time. Ms. Maddox answered that she would be there full time. Alderman Clement asked Ms. Maddox to explain how the City would know that those independent contractors are licensed. Ms. Maddox answered they are required by law to post licenses in the work location with a picture on the license. She said they are inspected by not only the county, but also by the Board of Healthy Arts. Alderman Hamill asked why Ms. Maddox felt she needed emergency legislation on this request. Ms. Maddox responded that she can’t start renovating the space until she gets her occupancy permit. It will just delay it if she has to wait any longer. Alderman Clement stated the Planning and Zoning Commission unanimously approved it. Mayor Willson closed the public hearing at 7:09 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Public Hearing held March 2, 2015 pertaining to a massage therapy business at 128 Enchanted Parkway, Suite 102, (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing-Special Use Permit Request for massage therapist 03/02/2015 Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, MARCH 2, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor David L. Willson called the Regular Board of Aldermen meeting to order at 7:09 p.m. 2. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Clement, Alderman Stevens, Alderman Hamill, Alderman Ottenad, Alderman Schrader, Alderman Diehl, Mayor Willson and Attorney Gunn. A quorum was present. 3. APPROVAL OF THE MINUTES a. Minutes of the Tuesday, February 17, 2015 Regular Board of Alderman meeting Alderman Clement made the motion to approve the Minutes of the Tuesday, February 17, 2015 Regular Board of Alderman meeting. The motion was seconded by Alderman Schrader and carried unanimously, without objection. 4. 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 Hamill and carried unanimously, without objection. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Presentation to the City of painting by Bill Vivrett Mr. Bill Vivrett presented the City with a beautiful watercolor painting. b. Comments from the Public Mr. Ronald Portis, 807 Parkfield Terrace, wanted to say thank you and a job well done with the storm water runoff behind Parkfield and the adjoining streets. He believes there will be a problem with the trees they planted that are on his side of the storm drain because the trees are planted below power lines. Regular Board of Aldermen 03/02/2015 Page 1  Director Ruck stated the trees that were planted underneath the power lines were low growth trees such as Dogwoods, along with bushes. 6. REPORTS FROM THE MAYOR a. Mayoral Report Mayor Willson reported that on February 23 he attended the Planning and Zoning meeting; and on February 28 he was invited up to Liberty Tax for a tattered flag drop off ceremony. Liberty Tax now has a drop box in front of their office for the tattered flags. Alderman Stevens suggested that the Liberty Tax flag drop off information be added to the City’s newsletter. 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of February 11 - 27, 2015) There were no questions. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Clement stated there were two cases on the February 23 agenda. He said that one was the case that was brought to the Board tonight for a Special Use Permit by Ms. Maddox. It was supported by the Planning and Zoning Board. Alderman Clement stated the other case was a Special Use Permit Request for a new business called “The Fruit Stand”. It will be presented to the Board of Aldermen on March 16 by Public Hearing. He said it was also recommended to the Board with unanimous support. Mayor Willson advised that it is the same fruit and vegetable stand that has been at Manchester and Mason in front of the old Wonder Bread store. He said the property has been sold and the manager has an opportunity to move into this new location. He said for years people have been asking for a place to buy organic food. b. Homecoming Committee Alderman Ottenad stated the first Homecoming meeting for the year will be on March 11 at 6:30 at the Legion Hall and everyone is welcome to attend. c. Manchester Arts Alderman Stevens thanked Mr. Bill Vivrett for the beautiful artwork he donated to the City. She said that two teams from the Arts Council explore education and classes and public art opportunities. They have begun their process of developing a strategic plan; currently they have the foundation of programs and they have developed three major goals. This information will be shared with the Board within the next month or so. Regular Board of Aldermen 03/02/2015 Page 2 9. ACTION ON OLD BILLS There were none. 10. INTRODUCTION OF NEW BILLS a. RESOLUTION ACCEPTING BID FOR THE AQUATIC BUILDING AND PAVILION ROOFING PROJECT Alderman Diehl read the Proposed Resolution # 15-0518, entitled: “A RESOLUTION ACCEPTING THE BID OF OLIVER’S CUSTOM ROOFING, L.L.C. IN AN AMOUNT NOT TO EXCEED FIFTY-NINE THOUSAND SEVEN HUNDRED FOUR DOLLARS AND THIRTY- TWO CENTS ($59,704.32), INCLUDING A FOUR PERCENT (4%) CHANGE ORDER IN THE AMOUNT OF TWO THOUSAND TWO HUNDRED NINETY-SIX DOLLARS AND THIRTY- TWO CENTS ($2,296.32) IN THE EVENT OF UNFORESEEN CONDITIONS, FOR THE AQUATIC BUILDING AND PAVILION ROOFING PROJECT IN THE CITY OF MANCHESTER, AND AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO ENTER INTO AN AGREEMENT THEREFOR,” by title only. Alderman Hamill stated he noticed that the City was allotted more money from the insurance, and he wanted to know if other roofs were damaged and, if so, whether they have already been repaired. Director of Parks and Recreation Eileen Collins stated they were aware, but they didn’t know how much money would be needed for these particular roofs since the style was switched to metal. Since the bids came in under budget, the remainder of the money can be utilized to repair the other roofs. Alderman Hamill asked if this was going to be enough money for both roofs. Director Collins answered that it would be for those two, but there was additional funding. Alderman Hamill asked if Director Collins was surprised that the City only received one bid back from an out-of-state company. Director Collins answered that she was, and she has already checked the references. She said that her concern was what happens if there is an issue, and the owner’s response was to give the City an extended warranty for labor, and for two years, they will travel and bring a crew to take care of any problems, so it will not be an issue. Alderman Ottenad asked if there are any other municipalities that have used this company. Director Collins answered that she is unaware of any other municipalities that have used this company. They are not a local company; they are in Arkansas. She has contacted the references which were businesses, not municipalities. Alderman Diehl made the motion for approval of Resolution # 15-0518. The motion was seconded by Alderman Clement and carried unanimously, without objection. Regular Board of Aldermen 03/02/2015 Page 3  b. RESOLUTION AUTHORIZING EXECUTION OF A MUNICIPAL HOUSING AND COMMUNITY DEVELOPMENT COOPERATION AGREEMENT. Alderman Hamill read the Proposed Resolution # 15-0519, entitled: “A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF MANCHESTER TO ENTER INTO A COOPERATION AGREEMENT WITH ST. LOUIS COUNTY, MISSOURI, SUPPLEMENTING THE CITY’S PREVIOUS MUNICIPAL HOUSING AND COMMUNITY DEVELOPMENT COOPERATION AGREEMENT, WHICH HEREAFTER WILL INCLUDE THE HOME INVESTMENT PARTNERSHIP PROGRAM AND THE EMERGENCY SHELTER GRANT PROGRAM,” by title only. Alderman Ottenad asked if this is part of the block grant the City already participates in. She wondered what was added to it. City Administrator Hixson stated the addition is the emergency shelter grant program. He explained that if there was a big disaster that they will open up emergency shelters. Alderman Hamill made the motion for approval of Resolution # 15-0519. The motion was seconded by Alderman Clement and carried unanimously, without objection. c. RESOLUTION ACCEPTING AN OPPORTUNITY GRANT FROM THE REGIONAL ARTS COMMISSION Alderman Stevens read the Proposed Resolution # 15-0520, entitled: “A RESOLUTION ACCEPTING AN OPPORTUNITY GRANT FROM THE REGIONAL ARTS COMMISSION AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROGRAM CONTRACT THEREFOR,” by title only. Alderman Stevens made the motion for approval of Resolution # 15-0520. The motion was seconded by Alderman Clement and carried unanimously, without objection. d. BILL APPROVING A SPECIAL USE PERMIT FOR A MASSAGE THERAPIST BUSINESS AT 128 ENCHANTED PARKWAY, SUITE 102 Alderman Clement read for the first time Bill # 15-2214, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO PRECISION MASSAGE, LLC TO OPERATE A MASSAGE THERAPIST FACILITY AT 128 ENCHANTED PARKWAY, SUITE 102, AS PROVIDED FOR IN SECTION 405.240(C)(5)(h) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER,” by title only. Alderman Clement made a motion for approval of emergency legislation. The motion was seconded by Alderman Hamill and carried 6 – 0, with no objections. Alderman Clement read for the second time Bill # 15-2214, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO PRECISION MASSAGE, LLC TO OPERATE A MASSAGE THERAPIST FACILITY AT 128 ENCHANTED PARKWAY, SUITE 102, AS PROVIDED FOR IN SECTION 405.240(C)(5)(h) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER,” by title only. Regular Board of Aldermen 03/02/2015 Page 4  Alderman Clement made the motion that Bill # 15-2214 become Ordinance # 15-2100. The motion was seconded by Alderman Hamill. A poll of the Board showed: Alderman Ottenad - aye Alderman Clement - aye Alderman Stevens - aye Alderman Hamill - aye Alderman Diehl - aye Alderman Schrader - aye Mayor Willson announced the motion passed 6 – 0, with no objections. 11. MISCELLANEOUS a. Comments from the Public There were none. 12. EXECUTIVE SESSION: a. Closed Session: Pursuant to Section 610.021 (2) of the Revised Statutes of the State of Missouri pertaining to the lease, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefore. Alderman Hamill made the motion to go into Closed Session: Pursuant to Section 610.021 (2) 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 Clement. A poll of the Board showed: Alderman Clement – aye Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Alderman Schrader – aye Alderman Ottenad – aye Mayor Willson announced the motion passed with a vote of 6 – 0, with no objections. b. 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. Regular Board of Aldermen 03/02/2015 Page 5  Alderman Hamill made the 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 Clement. A poll of the Board showed: Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Alderman Schrader – aye Alderman Ottenad – aye Alderman Clement – aye Mayor Willson announced the motion passed with a vote of 6 – 0, with no objections. 13. ADJOURNMENT At 8:50 p.m., after the Executive Sessions, there being no further business, Alderman Clement made the motion to adjourn. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. The meeting adjourned at 8:50 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Board of Aldermen meeting held March 2, 2015 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen 03/02/2015 Page 6