Board of Aldermen

MINUTES OF THE PUBLIC HEARING OF MONDAY, JULY 20, 2015, CONTINUED FROM MONDAY, JULY 6, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A SPECIAL USE PERMIT REQUEST TO OPERATE A RESTAURANT WITH LIQUOR BY THE DRINK AT 471 LAFAYETTE CENTER 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 Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. A quorum was present. The following notice of the public hearing continued to July 20, 2015 from July 6, 2015 was then read: “The City of Manchester Board of Aldermen shall hold a public hearing on Monday, July 6, 2015 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #15-SUP-008 - A request for a Special Use Permit has been made by Jie Bin Chen of Sushi Ai dba Sushi Japan to operate a restaurant with sales of liquor by the drink for consumption on the premises at 471 Lafayette Center. The property is zoned C-1 Commercial District.” Mayor Willson 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. Mr. Jie Bin Chen, 41 Roland Avenue, Winchester, Missouri, stated that he is here for a liquor license for his restaurant. City Attorney Patrick Gunn asked if Mr. Chen had an existing business in Manchester and if he is wanting to now obtain a liquor license so that he can sell liquor at that business. Mr. Chen answered that he wants a liquor license for his existing business. There were no opponents and no comments from the public. Public Hearing 07/20/2015 – Special Use Permit Request – Restaurant at 471 Lafayette Center Page 1  Alderman Diehl asked if there was any change in ownership. Mr. Chen answered that there is no change; he is the still the owner. City Attorney Patrick R. Gunn reviewed the four special conditions in the Ordinance: 1. Holder’s strict compliance with all applicable Federal, State and City of Manchester statutes and ordinances. 2. Holder’s strict compliance with all applicable State, County, and City of Manchester statutes and ordinances pertaining to the liquor license managing officer’s requirements and responsibilities, and evidential confirmation that the said managing officer is appropriately qualified. 3. Holder’s strict compliance with the City’s Planning and Zoning Ordinances in regard to signage. 4. Holder permitting access to the Property by the City of Manchester at all times requested so as to confirm compliance under Paragraphs 1, 2 and 3 of this Section Five. Mr. Chen agreed to all special conditions. Alderman Clement stated that the Planning and Zoning Commission is unanimous in support on this Special Use Permit. Mayor Willson closed the public hearing at 7:06 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Public Hearing held July 20, 2015, continued from July 6, 2015, regarding a Special Use Permit Request to operate a restaurant with liquor by the drink at 471 Lafayette Center, (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing 07/20/2015 – Special Use Permit Request – Restaurant at 471 Lafayette Center Page 2  MINUTES OF THE PUBLIC HEARING OF MONDAY, JULY 20, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A SPECIAL USE PERMIT REQUEST TO OPERATE A THERAPY BUSINESS, INCLUDING MASSAGE THERAPY, AT 128 ENCHANTED PARKWAY Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:06 p.m. Roll call showed those present were Alderman Clement, Alderman Stevens, Alderman Hamill, Alderman Ottenad, Alderman Baumann, 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, July 20, 2015 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #15-SUP-011 – A request for a Special Use Permit has been made by Kathy Liebman of ReSource Therapies, LLC to operate a therapy business which includes the use of massage therapy at 128 Enchanted Parkway, Suite 202. The property is zoned C-1 Commercial District.” Mayor Willson 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. Ms. Kathy Liebman, 80 Guylyn Drive, Valley Park, Missouri, spoke as a proponent. She stated that she has been a massage therapist since 1996, and has been licensed once the state required that in 2000. She stated that she worked as a massage therapist at Primary Care Chiropractic in Manchester for 12 years, and in 2010, decided to move into her own location. She said she obtained an office in Valley Park where she has been for five years, and her lease is up August 1. There were no opponents, no comments from the public, and no comments from the members of the Board of Aldermen. Public Hearing 07/20/2015- Special Use Permit Request-Therapy Business at 128 Enchanted Page 1  Alderman Clement stated that the Planning and Zoning supports this request for a Special Use Permit. City Attorney Patrick R. Gunn reviewed the special conditions to the Ordinance: 1. Any massage therapists employed by Holder or working within the Site shall be duly licensed by the State of Missouri and shall exhibit such licenses in a visible location within the Site. 2. Holder shall afford the City of Manchester full access to the Site at all reasonable times to insure complete compliance with this Ordinance and all other applicable Ordinances of the City of Manchester. Ms. Liebman stated she agrees to the special conditions. Mayor Willson closed the public hearing at 7:10 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Public Hearing held July 20, 2015 regarding a Special Use Permit Request to operate a therapy business at 128 Enchanted Parkway (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing 07/20/2015- Special Use Permit Request-Therapy Business at 128 Enchanted Page 2  MINUTES OF THE PUBLIC HEARING OF MONDAY, JULY 20, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE REGARDING A SPECIAL USE PERMIT REQUEST TO OPERATE A MARTIAL ARTS CENTER AT 14369-14371 MANCHESTER ROAD Mayor David L. Willson called the Public Hearing of the Board of Aldermen to order at 7:10 p.m. Roll call showed those present were Alderman Clement, Alderman Stevens, Alderman Hamill, Alderman Ottenad, Alderman Baumann, 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, July 20, 2015 at 7:00 p.m. at the Manchester Police Facility, 200 Highlands Boulevard Drive, to consider the following: CASE #15-SUP-012 – A request for a Special Use Permit has been made by Hutkin Development on behalf of ATA Martial Arts to operate a martial arts center at 14369-14371 Manchester Road. The property is zoned C-1 Commercial District.” Mayor Willson 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. Mr. Les Edwards, 2541 Hidden Meadows Lane, Ballwin, Missouri and Ms. Jennie Edwards at the same address, appeared as proponents. Mr. Edwards said he has been in martial arts for 25 years and been teaching for 23 years; this will be the fourth location that they have opened. He said this location has been open for four and one half years, they have about 180 students and they would like to stay in Manchester, just move locations and re-vamp their location. There were no opponents and no comments from the public. Alderman Clement asked how long it would take once they got their Special Use Permit. Public Hearing 07/20/2015- Special Use Permit Request-Martial Arts Center Page 1  Mr. Gene Holtzman of Hutkin Development Company answered that the work itself will take approximately four to six weeks, after receiving all permits. He apologized for the late request for the emergency legislation, with such short notice. City Attorney Patrick R. Gunn read the special condition: 1. Holder shall afford the City of Manchester full access to the Site at all reasonable times to insure complete compliance with this Ordinance and all other applicable Ordinances of the City of Manchester. Mr. Edwards agreed to the special condition. Alderman Clement stated that the Planning and Zoning Commission supports and recommends this Special Use Permit. Mayor Willson closed the public hearing at 7:15 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Public Hearing held July 20, 2015 regarding a Special Use Permit Request to operate a Martial Arts Center at 14369-14371 Manchester Road (summary); not a verbatim transcript. If a recording of the public hearing is desired, please contact City Hall. Public Hearing 07/20/2015- Special Use Permit Request-Martial Arts Center Page 2  MINUTES OF THE REGULAR BOARD OF ALDERMEN MEETING OF MONDAY, JULY 20, 2015 AT 200 HIGHLANDS BOULEVARD DRIVE 1. CALL TO ORDER Mayor David L. Willson called the Regular Board of Aldermen meeting to order at 7:15 p.m. 2. ROLL CALL AND STATEMENT OF QUORUM Roll call showed those present were Alderman Clement, Alderman Stevens, Alderman Hamill, Alderman Ottenad, Alderman Baumann, Alderman Diehl, Mayor Willson and Attorney Gunn. A quorum was present. 3. APPROVAL OF THE MINUTES a. Minutes of the July 6, 2015 Public Hearing regarding the Special Use Permit Request to operate a restaurant with liquor by the drink at 47l Lafayette Center Alderman Hamill made the motion to approve the Minutes of the July 6, 2015 Public Hearing regarding the Special Use Permit Request to operate a restaurant with liquor by the drink at 47l Lafayette Center. The motion was seconded by Alderman Clement and carried unanimously, without objection. b. Minutes of the July 6, 2015 Public Hearing regarding the Special Use Permit Request to operate a restaurant with liquor by the drink at 61 Nationalway Center Alderman Hamill made the motion to approve the Minutes of the July 6, 2015 Public Hearing regarding the Special Use Permit Request to operate a restaurant with liquor by the drink at 61 Nationalway Center. The motion was seconded by Alderman Stevens and carried unanimously, without objection. c. Minutes of the July 6, 2015 Public Hearing regarding the Special Use Permit Request to operate a restaurant with liquor by the drink at 17 Nationalway Center Alderman Hamill and Ottenad simultaneously made the motion to approve the Minutes of the July 6, 2015 Public Hearing regarding the Special Use Permit Request to operate a restaurant Regular Board of Aldermen 07/20/2015 Page 1 with liquor by the drink at 17 Nationalway Center. The motion was seconded by Alderman Clement and carried unanimously, without objection. d. Minutes of the July 6, 2015 Regular Board of Aldermen meeting Alderman Clement made the motion to approve the Minutes of the July 6, 2015 Regular Board of Aldermen meeting. The motion was seconded by Alderman Hamill and carried unanimously, without objection. 4. ESTABLISHMENT OF ORDER OF ITEMS ON THE AGENDA Alderman Clement asked about the late request for emergency legislation for the martial arts location. City Attorney Patrick Gunn stated typically they do not do this because the public is unaware of this being emergency legislation. Alderman Clement made the motion to approve the Order of Items on the Agenda as amended. The motion was seconded by Alderman Ottenad and carried unanimously, without objection. 5. CONSIDERATION OF PETITIONS AND COMMENTS FROM THE PUBLIC a. Approval of Temporary Liquor License for the Walter LePere American Legion Post 208 to sell wine and beer at the Manchester ArtsFest Alderman Clement made the motion for Approval of Temporary Liquor License for the Walter LePere American Legion Post 208 to sell wine and beer at the Manchester ArtsFest. The motion was seconded by Alderman Stevens and carried unanimously, without objection. b. Comments from the Public There were none. 6. REPORTS FROM THE MAYOR a. Mayoral Report Mayor Willson reported on July 8 he attended the 50 year resident lunch at Lazy River Grill, and he attended the Homecoming meeting; on July 12, he attended the Manchester Arts Band Concert. b. Introduction of Boy Scouts Boy Scout Alec Gamache, Troop # 803 sponsored by Shenandoah Valley School; Boy Scout Andrew Crowdus, Troop # 387 sponsored by St. John United Church of Christ, and Boy Scout Mark Duffie, Troop # 792 sponsored by Oak Brook Elementary School were in the audience, working on their “Communication” merit badges. Regular Board of Aldermen 07/20/2015 Page 2 7. REPORTS FROM THE CITY ADMINISTRATOR a. List of Paid Bills (Warrant dates of July 6 – July 18 2015) There were no questions. 8. REPORTS FROM COMMITTEES a. Planning and Zoning Commission Alderman Clement stated that the Planning and Zoning Commission did not meet but they will be having a meeting on July 27. b. Homecoming Committee Alderman Ottenad advised that the next meeting will be August 26 at 6:30 p.m. at the Legion Hall. She said Arts and Crafts are being promoted for this year’s Homecoming event. c. Manchester Arts Alderman Stevens reported that the crowd at the Manchester Arts Band Concert was the largest yet. She said that just cannot happen without the Police Department, the Parks and Recreation Department, and the Public Works Department. Alderman Stevens discussed the upcoming ArtsFest for September 26. She also discussed the scheduling for the year of all the art work to be displayed in the Police Headquarters. 9. ACTION ON OLD BILLS a. BILL # 15-2225 - AN ORDINANCE APPROVING A SPECIAL USE PERMIT REQUEST FOR A RESTAURANT WITH LIQUOR BY THE DRINK AT 61 NATIONALWAY CENTER Alderman Stevens read for the second time Bill # 15-2225, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO ANDREW SHAW, DBA LITTLE TOKYO RESTAURANT, TO OPERATE A RESTAURANT WITH SALES OF LIQUOR BY THE DRINK FOR CONSUMPTION ON THE PREMISES AT 61 NATIONALWAY SHOPPING CENTER, AS PROVIDED FOR IN SECTION 405.240(C)(16) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Stevens made the motion for adoption of Bill # 15-2225 to become Ordinance #15-2110. The motion was seconded by Alderman Hamill. A poll of the Board showed: Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Regular Board of Aldermen 07/20/2015 Page 3  Alderman Clement – aye Mayor Willson announced the Bill passed with a vote of 6 to 0. b. BILL # 15-2226 - AN ORDINANCE APPROVING A SPECIAL USE PERMIT REQUEST FOR A RESTAURANT WITH LIQUOR BY THE DRINK AT 17 NATIONALWAY CENTER. Alderman Baumann read for the second time Bill # 15-2226, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO MANCHESTER 17 LLC TO OPERATE A RESTAURANT WITH SALES OF LIQUOR BY THE DRINK FOR CONSUMPTION ON THE PREMISES AND DANCING AT 17 NATIONALWAY SHOPPING CENTER, AS PROVIDED FOR IN SECTION 405.240(C)(16) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER.”, by title only. Alderman Baumann made the motion for adoption of Bill # 15-2226 to become Ordinance #15-2111. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Hamill – aye Alderman Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement – aye Alderman Stevens – aye Mayor Willson announced the Bill passed with a vote of 6 to 0. 10. INTRODUCTION OF NEW BILLS a. BILL APPROVING A SPECIAL USE PERMIT REQUEST TO OPERATE A RESTAURANT WITH LIQUOR BY THE DRINK AT 471 LAFAYETTE CENTER Alderman Diehl introduced Bill # 15-2227, entitled : “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO SUSHI AI, LLC, DOING BUSINESS AS SUSHI JAPAN, TO OPERATE A RESTAURANT WITH SALES OF LIQUOR BY THE DRINK FOR CONSUMPTION ON THE PREMISES AT 471 LAFAYETTE CENTER, AS PROVIDED FOR IN SECTION 405.240(C)(16) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Diehl made a motion for approval of emergency legislation. The motion was seconded by Alderman Clement and carried 6 – 0, with no objections. Alderman Diehl read for the second time Bill # 15-2227, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO SUSHI AI, LLC, DOING BUSINESS AS SUSHI JAPAN, TO OPERATE A RESTAURANT WITH SALES OF LIQUOR BY THE DRINK FOR CONSUMPTION ON THE PREMISES AT 471 LAFAYETTE CENTER, AS PROVIDED FOR IN SECTION 405.240(C)(16) OF THE CODE OF Regular Board of Aldermen 07/20/2015 Page 4 ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Diehl made the motion for adoption of Bill # 15-2227 to become Ordinance #15- 2112. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Diehl – aye Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement – aye Alderman Stevens – aye Alderman Hamill – aye Mayor Willson announced the Bill passed with a vote of 6 to 0. c. BILL APPROVING A SPECIAL USE PERMIT REQUEST TO OPERATE A THERAPY BUSINESS, INCLUDING MASSAGE THERAPY, AT 128 ENCHANTED PARKWAY Alderman Hamill introduced Bill # 15-2228, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO RESOURCE THERAPIES, L.L.C. TO PROVIDE MASSAGE THERAPY SERVICES AT 128 ENCHANTED PARKWAY, SUITE 202, AS PROVIDED FOR IN ARTICLE V (FIVE), SECTION 405.240 (C) (5) (h) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER, COMMONLY KNOWN AS “THE ZONING ORDINANCE OF THE CITY OF MANCHESTER.” Alderman Hamill made a motion for approval of emergency legislation. The motion was seconded by Alderman Clement and carried 6 – 0, with no objections. Alderman Hamill read for the second time Bill # 15-2228, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO RESOURCE THERAPIES, L.L.C. TO PROVIDE MASSAGE THERAPY SERVICES AT 128 ENCHANTED PARKWAY, SUITE 202, AS PROVIDED FOR IN ARTICLE V (FIVE), SECTION 405.240 (C) (5) (h) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER, COMMONLY KNOWN AS “THE ZONING ORDINANCE OF THE CITY OF MANCHESTER” by title only. Alderman Hamill made the motion for adoption of Bill # 15-2228 to become Ordinance #15-2113. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Baumann – aye Alderman Ottenad – aye Alderman Clement – aye Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Mayor Willson announced the Bill passed with a vote of 6 to 0. Regular Board of Aldermen 07/20/2015 Page 5  d. BILL APPROVING A SPECIAL USE PERMIT REQUEST TO OPERATE A MARTIAL ARTS CENTER AT 14369-14371 MANCHESTER ROAD Alderman Clement introduced Bill # 15-2229, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO ATA MARTIAL ARTS IV, LLC TO OPERATE A MARTIAL ARTS CENTER AT 14369-14371 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240 (C) (5) (e) 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 # 15-2229, entitled: “AN ORDINANCE CREATING A SPECIAL USE PERMIT AND GRANTING THE SAME TO ATA MARTIAL ARTS IV, LLC TO OPERATE A MARTIAL ARTS CENTER AT 14369-14371 MANCHESTER ROAD, AS PROVIDED FOR IN SECTION 405.240 (C) (5) (e) OF THE CODE OF ORDINANCES OF THE CITY OF MANCHESTER”, by title only. Alderman Clement made the motion for adoption of Bill # 15-2229 to become Ordinance #15-2114. The motion was seconded by Alderman Ottenad. A poll of the Board showed: Alderman Ottenad – aye Alderman Clement – aye Alderman Stevens – aye Alderman Hamill – aye Alderman Diehl – aye Alderman Baumann – aye Mayor Willson announced the Bill passed with a vote of 6 to 0. 11. MISCELLANEOUS a. Comments from the Public There were none. 12. ADJOURNMENT At 7:45 p.m., there being no further business, Alderman Clement made the motion to adjourn. The motion was seconded by Alderman Hamill and carried unanimously, without objection. The meeting adjourned at 7:45 p.m. Respectfully submitted, Ruth E. Baker, MMC/MRCC-S City Clerk Note: This is a journal of the Board of Aldermen meeting held July 20, 2015 (summary); not a verbatim transcript. If a recording of the meeting is desired, please contact City Hall. Regular Board of Aldermen 07/20/2015 Page 6