MINUTES

CITY COUNCIL MEETING
GLADSTONE, MISSOURI
REGULAR MEETING

MONDAY, JANUARY 10, 2000

Mayor Art Hammen called the Regular January 10, 2000 City Council Meeting to order
in the City Council Chambers at 7:30 p.m.

PRESENT:
Mayor Art Hammen
Mayor Pro Tem Anita Newsom
Councilman Roger Norris
Councilman George Nodler
Councilman Dan Bishop

City Manager Kirk Davis
Assistant City Manager Laura Gay
City Counselor Nancy Thompson
City Clerk Marilyn Ahnefeld

Item 3. on the Agenda. Pledge of Allegiance.

Mayor Art Hammen led the Pledge of Allegiance to the Flag in which all joined.

Item 4. on the Agenda. Approval of Minutes.

Mayor Pro Tem Anita Newsom moved to approve the Regular Monday, December
13, 1999 City Council Meeting Minutes as submitted. Councilman Roger Norris
seconded. The vote: "aye" - Bishop, Nodler, Norris, Newsom, Hammen. (5-0)

Item 5. on the Agenda. CONSENT AGENDA

Following the Clerk's reading of the Consent Agenda, Councilman Nodler moved to
approve the Consent Agenda as listed; Councilman Roger Norris seconded. The
vote: All "aye" - Bishop, Nodler, Norris, Newsom, Hammen. (5-0)

CONSENT AGENDA DETAIL:

Councilman Nodler moved to adopt RESOLUTION NO. R-2000-1, accepting a Bill of
Sale from St. Charles Catholic Church and Kincaid Construction, Inc. conveying a water
line and fire hydrants serving St. Charles School Classroom Addition. Councilman
Roger Norris seconded. The vote: All "aye" - Bishop, Nodler, Norris, Newsom,
Hammen. (5-0)

Councilman Nodler moved to adopt RESOLUTION NO. R-2000-2, authorizing
execution of a Two Year Tow Service Agreement with Glad Rents, Inc. for vehicle
towing and storage services for the period January 11, 2000 through January 1, 2002.
Councilman Norris seconded. The vote: All "aye" - Bishop, Nodler, Norris, Newsom,
Hammen. (5-0)

Councilman Nodler moved to adopt RESOLUTION NO. 2000-3, authorizing execution
of an Intergovernmental Agreement with the Mid America Regional Council Solid Waste
Management District to provide Household Hazardous Waste Management Services for
the period February 1, 2000 through January 31, 2001 for an amount not to exceed
$17,667.09 fro the General Fund. Councilman Roger Norris seconded. The vote: All
"aye" - Bishop, Nodler, Norris, Newsom, Hammen. (5-0)

Councilman Nodler moved to adopt RESOLUTION NO. R-2000-4, accepting work
under the contract with Shafer,Kline & Warren for the design of the Hamilton Heights
Park Improvements and authorizing final payment from the Capital Improvements Sales
Tax Fund. Total Contract Amount: $39,498.40; Final Payment Due: $4,503.33 ;
Councilman Roger Norris seconded. The vote: All "aye" - Bishop, Nodler, Norris,
Newsom, Hammen. (5-0)

Councilman Nodler moved to adopt RESOLUTION NO. R-2000-5, accepting work
under the contract with Industrial Excavating & Equipment for the Woodlands
Drainage Improvement Project and authorizing final payment from the Capital
Improvements Sales Tax Fund. Total Contract Amount: $119,830.00; Final
Payment Due: $500.00; Councilman Roger Norris seconded. The vote: All "aye" -
Bishop, Nodler, Norris, Newsom, Hammen. (5-0)

REGULAR AGENDA

Item 6. on the Agenda. Communications from the Audience.

None.

Item 7. on the Agenda. Communications from the City Council.

Councilman Dan Bishop wished all a Happy New Year and commented that during
his door to door campaign a year ago a number of people were concerned about the
year 2000 turn-over and what possibly could happen. Some experts in the field of
computer technology admitted they were unsure as to what would happen and some
people feared the very worse consequences. So it was a difficult task for the City to
set about preparing for something, when you didn't really know what you were
preparing for. It is not an enviable position to be in.

He commends the City because they started out in a very methodical way to figure out
what needed to be done to prepare for the unknown possibilities of Y2K, and reviewed
every piece of equipment and machine to ensure they were Y2K compliant. A Plan as
well as a Contingency Plan was developed for operation of the water plant including
reserving generators for any power interruption. The Y2K Emergency Command
Center was established at City Hall and staffed, and additional personnel and patrol
cars were on the street. Councilman Bishop said the City did a good job in being
prepared and he thinks communicating that level of preparedness to our citizens
through the Gladstone Reporter as well as individually to citizens who had specific
concerns, went a long way toward easing the minds of those who were most
concerned about Y2K. So thank goodness it turned out to be largely a non-event, but
he does think we did all we could do in preparing for it and did a good job.

Councilman Bishop introduced his Council assistant, Marianne Chance who is a
junior at the University of Missouri, Kansas City. Ms. Chance was a graduate of Liberty
High in 1997 and is studying political science at UMKC. He was able to work with
Doctor Neuman, the Political Science Department Chair at UMKC, who helped
coordinate this program for Marianne. Mr. Bishop said Ms. Chance will receive
academic credit for working with him this semester and be able to assist him with his
Council responsibilities and attend all Council Meetings as well as Planning
Commission meetings.

Councilman Roger Norris wished all a Happy New Year and said he was fortunate to
have been the Mayor when we started the Y2K Compliance effort and Assistant City
Manager Laura Gay has done an outstanding job. As expected, it was a non-event
because people across the country did plan and were ready for it. He said Gladstone
was not here a thousand years ago but it is our goal to be here a thousand years from
now.

Councilman Norris said he saw on the news where another firefighter had been killed
going into a house to save people. He watched a special program on some infra-red
imaging which costs $25,000.00. Following that program, a fund raiser was started
for the purchase of this equipment for the City of Kansas City. He would like our
City to start looking at ways to obtain some imaging equipment before there is a
tragedy. The men and women on our department need this equipment and we should
move toward purchasing it. Now that it is available, this is something that we can
and should do.

Councilman Nodler said he joins the Council in their wishes for a Happy New Year.

Mayor Pro Tem Newsom said she certainly appreciates the Y2K non-event and
thanks the staff for their efforts. She agrees with Councilman Norris that regardless
of the price that infra-red imaging is something we should seriously look into. It does
surprise her that as large as Kansas City is that they have not acquired this
equipment. She also wishes all a Happy New Year and looks forward to the
challenges of 2000.

Ms. Newsom also asked that the meeting reservation lists distributed to Council include
information on the meeting programs.

Mayor Hammen said he was so extremely pleased and humbled by the response we
had to this year's Mayor's Christmas Tree Fund. A lot of people put in a lot of time on
this project and the response from our citizens and business community has been
overwhelming. There are a lot of people who deserve credit for this including important
part the press paid in our fundraising. The Mayor said his last report indicated
$5,500 and been raised. We had a tremendous outpouring of support from
representatives of the two newspapers at the press table this evening. He said all
three of our area papers did an excellent job of covering and supporting this project.
He said he has given credit all along to our citizens who served on the committee with
him to make this such a resounding success, but he does want to give credit to the
community, and those funds will be divided between the Northland Christmas Store
and the Gladstone Neighbors Helping Neighbors project. He knows that both
organizations are grateful for the money they will receive.

Item 8. on the Agenda.

Communications from the City Manager.City Manager Davis announced that city
hall offices will be closed for observance of Martin Luther King Jr. Birthday on
Monday, January 17, 2000. The City Manager expressed his appreciation to
Assistant City Manager Laura Gay and all the department heads who did a
commendable job in preparing for Y2K. Ms. Gay spent a considerable amount of
time dealing with the details of this event and he congratulates her, the department
heads, and all who participated. Mr. Davis also thanked Rita Hull, who has served as
Acting Director of Community Service for the past six months. She has done a good
job providing leadership to that department and he appreciates her efforts in a difficult
situation and she too is to be congratulated.

Item 9. On the Agenda. PUBLIC HEARING: on a request for a Site Plan Revision on property at 5700 North Main. Applicant: Nolte Associates. Owner: Herman Scharhag. (File #1108)

Mayor Hammen explained the public hearing process that the applicant is invited to make his
presentation followed by persons desiring to speak in favor or against the application,
and lastly comments from City staff.

Thomas Nolte, Nolte & Associates, Architects and Planners, 7611 State Line Road, Kansas City, Missouri, said they are pleased to bring this proposal forward this evening which involves the development of 154 units of elderly housing. They have held meetings with the Planning Commission on December 20th, followed by the site visit, and the meeting with the Commissionlast Monday where they voted in favor of this application. He displayed drawings of the ten acre tract and layout of the proposed project which has Englewood Road as the southern boundary, N Main on the east, N Broadway to the west. This is only a
portion of the property that Mr. Scharhag owns which sits behind the two existing
office buildings along Englewood Road. The senior housing development is comprised
of modules with a 3-story structure to the north, 2-story to the south and 2-story wings
which flank it on either side. They have created interior court yards which are
protected area for the elderly and are also providing additional parking on the rear
which is not only for employees, but also covered parking for some of the residents
who did have cars, although very few of the residents have cars. They have submitted
some documents along with the earlier information to the Planning Commission
indicating the low parking needs for structures such as this. They are also proposing
the extension of N Main and the extension of the center street, which is N Central as it
bends along the side and continues to serve the property to the north. There is a
proposal for 19,800 sq. ft. of retail on the west. Currently there is an existing
detention pond on the tract directly to the north which is still under the control of Mr.
Scharhag and they are proposing an additional retention pond on the lowest part of the
site which happens to be the northwest corner. After grading, approximately 20% of the site will move to the east as drainage, and approximately 10% of the site will move to the south drainage, and that leaves about 70% of the site that will move to the west.   There have been concerns voiced in the past on this proposal from neighbors directly to the west on the other side of Broadway who are concerned about the run-off potential of this particular property.  They have attended the Planning Commission meeting and also the on-site walk with the Planning Commissioners.

Other site amenities include a walking garden and additional parking in the front and directly to the east.  The dotted area of parking shown between the retail and Central Street they propose to leave for a natural ground voer at the time.  The Zoning Code for multi-family calls for a number of parking spots per unit and they are capable of providing all the parking required, but because they have such low impact on the parking, they propose to leave it green and enter into a development agreement with a trigger that when the City would like to see the additional parking, they would be more than happy to supply it.  Mr. Nolte referred to the document he mentioned earlier which refers to parking requirements associated with independent senior parking and talks about the percentage of elderly who have a need for parking.

Mr. Nolte said there will probably be public testimony in favor of this project and some people who will come forward who will want to discuss the run-off issues which affect
flooding. There are two points of view. One is probably not to have any
development. Under the current site situation, there is normal run-off that occurs
from the property and under current conditions they have flooding to the west. He
said their Civil Engineer Scott Cargill of Lutjen and Associates is present and will be
more than happy to discuss the process for studying and handling the water. Mr.
Nolte said they would like to think that this is an opportunity for this property to be
studied, for the water to be considered, and for the water to be controlled. Because
under current conditions they have a problem, under future conditions they hope to
solve that problem.

Mr. Nolte also displayed conceptual drawings of the front of the
building showing the two-store structure with the drive-through facility for drop-off
because he said most of the residents avail themselves of the opportunity to be
brought to the front door. This facility also has its own transportation which is a bus to
take those who desire to do personal shopping or errands. So the need for cars is
rather limited. He also displayed an aerial view which depicts the courtyard
development between the front and rear modules of the building. Mr. Nolte said he
would be happy to answer questions following the public comments and would
introduce if desired, the others members of their development team, including the
contractor, the developer and the engineer.

Mayor Protem Newsom had questions on the number of units planned, the number of parking spaces to be eliminated for the greenspace Mr. Nolte discussed, and the building materials. Mr. Nolte responded that the current zoning provides for 154 units which are the number they
desire to maintain; and the deferred parking is 85 spaces. The lower level
building is masonry and at the front entry canopy there is a standing seam colored roof
to add some color because they like to work with red and a few vibrant colors to identify
where the entrance is. On the upper level they will have lap siding and pitch, and
gable roofs and those have the asphalt shingles.

Mayor Hammen asked if the 156 stalls that are called for are inclusive of the parking for the retail areas. Mr. Nolte advised that number is for senior housing only.

Mayor Hammen called upon others desiring to speak in favor of this request. Herman Scharhag, 2 NW Englewood Road, said he is the current owner of this property and has owned it since 1965. It is 20 acres of beautiful land and he has enjoyed living in this lovely area and enjoyed the privacy of it, but he reached a point where he thinks it is time for the property to be developed . As a retired architect he would urge the City Council to consider this project. Naturally he is concerned about the development and feels this would be an
ideal use for this land. There is certainly a need for housing for the elderly. The 154
units is the number of units under the current zoning and he would add that all units
would be sprinkled for fire protection. The site is ideally located for this type of project
because it is right on the bus line. There are two major shopping areas within walking
distance and he urges the City Council to accept this proposal.

Opposition:

Mr. Dick Heinisch, 434 NW 58th Street, said he is just west of this project and they are
concerned about water run off because they live in a flood plain and were badly
flooded in 1974. During the on-site meeting on December 29th with the architects and
Mr. Nolte, Mr. Nolte indicated that on the easternmost portion of this property which is
the senior citizen development, 30% of the run-off would be to the northeast . Mr.
Heinisch said Mr. Nolte indicated this evening 70% to the west, 10% to the south.
Further discussion at that evening on December 29th indicated that that 30%
northeast run-off subsequently goes north and then goes west into a pond on the
former Leimkuhler property. He said in 1974, the dam where this pond is located on
the former Leimkuhler property either broke or leaked substantially which contributed to
the water problems they experienced in 1974. Mr. Heinisch requested that the City
take measures to ensure the integrity of that dam as it exists today so that with this
30% run-off it does not cause future problems for them.

Councilman Norris asked if the pond being discussed can be seen from Broadway. Mr. Heinisch said no it is the pond behind the former Leimkuhler residence. When the dam breaks or leaks it runs into East Creek which is the creek that caused their problem in 1974.

Barbara Heinsch, 434 NW 58th Street, said her husband just spoke and she wanted to talk
about how serious this is to them. They were flooded severally in 1974 and had 4' of
water in their living room. There were neighbors who had 6' and more, and one
woman had to be rescued and she can't tell us what it is like to clean up after
something like that, it is a devastation. So they care a lot about run-off.

When this project first started she understood it was a retirement home, then the next revision they received added the retail center, which to them is more concrete for run-off. In all they
are taking 90% or more of this run-off into East Creek at some point or another. Right
now with the property in the condition it is in, they are not worried about the run-off up
there and don't feel like they need to be saved from that. What they are worried about
is what will happen when all that concrete goes up there. What will happen to them at
that point. Kansas City has made some improvements which have helped them
through the years but they can't take an un-ending amount of run-off, they just can't. In
October 1988, it rained and there was the usual setup where you get days of rains and
then heavy rains. That creek went to the top. A widow across the street came over to
their house and she said when she looked out back all she could see was water. She
can't help but think that if this project had been up there at that time this creek could
have come out of its banks, and what would have happened to them. She knows we
have to consider the highest and best use of the land but in this case she is asking
that we consider the safety of eighteen families who have been devastated once and
who pray that it never happens to them. She asked that we put ourselves in their
shoes.

Director of Community Development Scott Wingerson, said before he
makes his presentation, he would clarify that Mr. Heinisch made reference to the
Leimkuhler property and Council may know that property as the Frank Cucchiara
property and platted as the Falls Subdivision, which is just east of Hickory Hills
Subdivision.

Mr. Wingerson said staff has recommended some 14 conditions for
approval of this request and he will highlight just a few of them.

Condition #5, requires that the developer perform a comprehensive storm water study.   Right now the preliminary engineering indicates that detention is required.   The proposed plan provides for an area of detention but the final size of that detention area will be dictacted by final engineering.  During the public hearing process in the Planning Commission consideration of this request, the Commission recommended that the Kansas City APWA Standards be applied and that would be for the 100 year storm design frequency.  Also in condition #5 is a requirement for a traffic study. The developer is
proposing the installation of a traffic signal at the intersection Englewood Road and N
Main. The construction of N Central, the impact of the development, all of those
issues at Main, Central and Broadway need to be evaluated by a traffic engineer and
that study would be part of the building permit process and those recommendations
implemented.

Condition #7 requires a Development Agreement concerning the
proposed parking and the future use of the property. One portion of that Development
Agreement would require that at the City's request, the deferred parking of 85 or 86
spaces be constructed and it would also allow for Planning Commission and City
Council review. The other part considers the future use of the property in the event
the property would be changed from a single housing facility to more of a general
population apartment complex, the Developer would be required to provide compliant
parking at the ratio of whatever is current then. He said currently it is two spaces per
unit.

Condition #8 requires that the developer seek rezoning for the retail center from
the current zoning of RP-3 to CP-1 and the current zoning for the Senior Independent
Living Facility from RP-3 to RP-4.

Condition #10 requires installation of temporary hard
surface turnarounds at the dead-ends of N Central and N Main for fire service and
snow plowing as well as convenience.

Mr. Wingerson said the remaining conditions are typical and concern landscaping, dumpster screening, trash pick-up, lighting, mechanical equipment, engineering, compliance with Codes, and the dedication of the necessary right-of-way.

Mr. Wingerson invited questions at this time.

Councilman Newsom commented that usually the site plan approval follows the rezoning and asked if we don't have the cart before the horse in this instance.

Councilman Norris referring to Condition #5, calling for a comprehensive storm water study which is in conformance with KCAPWA Standards and provides for the 100 yr. storm event, asked if there are any assurances or guarantees that would alleviate the concerns of the eighteen families on 58th Street. . He said that water gets close and asked if there is any
indication that this development may help that situation. Mr. Wingerson answered that
it would be fair to say that with the condition that the Planning Commission
recommended for the 100 year design, that the problem will not get any worse, and
there is a very good possibility that the problem could get better by holding some of the
water back in the detention before releasing it down stream. He said Mr. Scott Cargill
may be able to answer that in more detail but he thinks there is a very good chance that
it could marginally help the residents downstream in East Creek.

Councilman Norris asked if there are any assurances or any way we can make him feel better about the success of elderly housing units and their longevity in the market place.

Mr. Wingerson answered that the developer is much more qualified to address that but he
would refer to the listing in Council's packet that lists some 16-18 developments in the
general vicinity. The purpose of that listing is to discuss parking and need for parking,
however there are some construction or operation dates listed as well. The financing
of the project also has some impact on its future use. It is probably a bond project
which will be long term debt which is good only for senior housing, In addition, the
developer has done a very comprehensive market study which shows the need for this
type of facility not just in Gladstone, but north of the river and that it will be supported
and financially feasible.

Councilman Bishop asked Mr. Wingerson if he would talk in more detail about the storm water study. He asked if there are two detention basins right now on the former Leimkuhler property. Mr. Wingerson said on the subject property there is one detention area that is proposed and will be sized according to the 100 year storm design. Going north is approximately 10 acres that Mr. Scharhag continues to own which has two ponds on it; going north and east is 12-14 acres that Mr. Cucchiara owns that has a large detention area on it that is referred to as the Leimkuhler pond.

Mr. Bishop asked how in depth the storm water study will go in assessing the integrity of those ponds including the one on the Cucchiara property and the two others on the Scharhag property. He said the reason is wants to get into this is because not too long ago he received a letter from Rich and Mary Thompson who reside in Hickory Hills and he believes they live behind the Cucchiara property and they have some profound concerns about the integrity of that pond. Mr. Heinisch spoke about the dam breaking on that pond in the past and his concern is if the study is looking at how much that pond can hold in terms of run-off coming from this
development and making an assessment based on that without getting into the integrity
of it, we don't want to miss that component.

Mr. Wingerson said he believes that is correct, that in the event the developer utilizes that pond or impacts that pond, analysis of the pond will be done and that is kind of Plan A. On Plan B, we have already instituted some preliminary discussions with Mr. Cucchiara concerning his responsibility as the property owner to insure the integrity of the dam.

Mr. Bishop said hypothetically if the study indicates that there is going to be an increase, it is going to add to the amount of water going into that pond. What happens then. Who is responsible for fortifying that pond. Mr. Wingerson said we would have to work through those details but it would most likely be a combination of the developer and the property owner.

Mr. Heinisch, said as far as reference to the two ponds that are on Mr. Scharhag's
property now. He does not really think they could be considered retention ponds. He
would guess that they are not a foot or two deep as they exist now. They have filled in
with silt over the years. The kids used to ice skate up there but they are virtually non-
existent now, so in their present state he does not think you could consider them
retention basins.

Mayor Hammen asked for clarification on a couple of items. On Condition #5, on the comprehensive storm water study, would that be based on just the housing project or the housing project plus the retail area and the deferred parking being built. Mr. Wingerson answered all three area, commercial, deferred parking, and the housing. The full development of the project. Mayor Hammen said if we have that on the record, is it necessary to spell that out in the condition. Staff said no.

Mayor Hammen said on #5, where it reads "recommendations shall be implemented by
the developer", for the record we mean recommendations of both studies. Mr.
Wingerson said, yes.

Mayor Hammen asked on the developer's agreement, if staff
will make the determination on the circumstances in which the developer must
construct the additional parking. Mr. Wingerson said that is correct, but of course it is
subject to City Council review and approval.

Mayor Hammen said with reference to Condition #8 for filing a zoning change, he is concerned about the language where the applicant is going to be required to file the zoning change but there is nothing in the condition that says the zoning has to be approved and pointed out that we have a site plan when the zoning is not in place. Is it staff's intent that the zoning would be approved before development permits for either the housing or retail are issued. Mr. Wingerson said yes, and following discussion the Mayor suggested it could read "no development permits will be issued until the zoning applications are approved. Mr.
Wingerson agreed.

Councilman Nodler noted that Planning Commissioner Hill voted against this application and cited it was because there was a street platted on the north side of the property that the developer is not being asked to escrow money for and asked Mr. Wingerson to comment on the City's position on that issue.

Mr. Wingerson explained that Commissioner Hill was referring to the original development plan that was in the packet and would be the north ten or so acres that is not part of the request tonight. Mr. Wingerson showed where on the approved plan there is a street that goes
east and west from Broadway basically to the east property line or where it would
intersect with N Main. The Planning Commissioner's concern, he believes, was
routed in the ability to develop the north portion of the property by providing street
frontage. In this particular request, North Main was brought to the north property line
with a temporary turn-around, N Central is brought to the north property line of the
south ten acres now with a temporary turn-around as well as having Broadway access.
In the event that this plan is built and it could still be built with the changes proposed here tonight, or if it changed which may be quite likely given the development to the south, the property would still have Broadway frontage, North Central access and N. Main access, it may not be necessary to build that east-west street across the property.

Mayor Pro Tem Newsom said the terms retention and detention have been used interchangeably this evening and they are not interchangeable because they do not function in the same way and asked which we are talking about.  Mr. Wingerson said the engineers will make that final determination, but probably detention.  Ms. Newsom said detention would be much more efficient and Mr. Wingerson agreed.

Ms. Newsom said on Item #7, she is curious as to what kinds of things we are looking at to trip the trigger to build the deferred parking.  Mr. Wingerson said it would basically be a realization when the facility is in full use and fully occupied, there is insufficient parking for the residents and any special events they may have in the facility such as card clubs,etc. In that event we would advise the developer, bring it to the Planning Commission and the Commission would make a recommendation to the City Council.  He said that is theoretical.

Ms. Newsom said she was looking for something to better quantify the need than as Mr. Wingerson states, the realization of the need.

On condition #8, calling for the rezoning, Ms. Newsom asked if thre has been a change in practice because it has been customary for rezoning to come first with site plans to follow or in some instances brought forward simultaneously.  She does not know that it offers the same comfort level to deviate from the practice.

Mr. Wingerson agreed the process she described is the preferred process. In this particular case, the project evolved up through and after notifications to the property owners and the first public hearing before the Planning Commission was continued to allow this request to continue to evolve.  The zoning change was something that occurred in continued discussion with the developer and staff to try and bring forth the best proposal possible.

Councilman Norris asked for clarification. The calculations for detention/retention will be based on the full development of the entire property, including the parking which at this point is being deferrred.  Mr. Wingerson said, yes.

There were no further comments and Mayor Hammen closed the Public Hearing.

Item 91. on the Agenda. FIRST READING BILL 2000-01, approving a Site Plan for development of property at 5700 N Main subject to certain conditions. Applicant: Nolte Associates. Owner: Herman Scharhag (File #1108)

Councilman Roger Norris moved to place Bill 2000-1 on First Reading; Mayor Protem Newsom seconded.

Discussion.

Ms. Newsom said she doesn't have the comfort level with this proposal that she would like to have and was searching for something to better quantify from staff because she likes
numbers and facts and figures in such matters, Retention of water is never good and
she would hope we would be looking at a detention that would catch and release and
not hold water there to become a slimy mess. The need for senior housing is there
and facilities like this are a marketable and viable option but she wishes she had
greater comfort with some of the quantifiable things in the plan. Right now she is
willing to give this application a first reading, but would like more information before
proceeding.

The vote: All "aye" - Councilman Bishop, Councilman Nodler,
Councilman Bishop, Mayor Protem Newsom, Mayor Hammen. (5-0) The Clerk read
the Bill.

Councilman Norris said before we go further he would ask if there is a problem
with only one reading tonight, although the 5-0 vote was a indication of the Council's
direction. Mr. Wingerson said there is a desire on the part of the developer for a
letter of endorsement from the City to allow them to proceed with their financing
alternatives. To his knowledge, that is the only need to hurry. Ms. Newsom asked if
they were looking at a spring construction. Mr. Wingerson said he believes they are.

Councilman Norris asked if a first reading with a 5-0 vote is the indication they are
looking for. Mr. Wingerson said yes, we can give an unqualified indication of the full
support of this particular project by the comments made tonight for the need for this
type of facility. We can write some type of letter and follow it up with a more
comprehensive letter if the Council chose on second reading to approve the request.

Mayor Hammen asked Mr. Wingerson to explain the letter of endorsement he refers to
because this is the first time it has come up tonight.

Mr. Wingerson said the applicant has requested from the City a letter of endorsement having to do with financing of the project. As he understands it, they have applied for state tax credits from the Missouri Housing and Development Commission and in that type of financing the developer would receive tax credits for the construction of this type of facility. Another way to go would be for the developer to ask that bonds be issued by a variety of sources. In
either case, the letter of endorsement from the City Council would be necessary in the
event the council approves the project. The Mayor asked if the letter comes from the
City Council. Mr. Wingerson answered that the City Council would provide
direction to the Staff through their action in supporting the project. The Mayor said so
it is a staff generated letter. Mr. Wingerson said he believes so.

Councilman Bishop said he had a question so he can be very clear on storm water, If the study is performed and it is determined that the project does not meet the KCAWPA Standards and the developer is not willing or not able to spend the extra money to make it comply with the standards, then that means the condition will not have been met and the whole project is off. Is that true. Mr. Wingerson said that is a very clear description of what
would happen, they are required to comply with the conditions of the site plan
ordinance prior to the Council approving a building permit.

Councilman Norris said because of the size of the project and the number of people it affects it is incumbent on the Council to reach a comfort level before final passage.

Councilman Newsom said she is not opposed to the plan and it looks like a very viable plan and better than some in areas like this but she is not extremely comfortable with phrasing of some of the conditions in the ordinance because they are not well defined and quantified and she would like to see that done. She has seen times when we did not have tightly written
specifications or requirements that have allowed loopholes which have not been in the
best interests of the citizens, so she is just not comfortable with soft conditions.

Councilman Norris said he would echo Ms. Newsom's comments and would liked to
have seen a zoning proposal at the same time we had the site plan. On the subject of
drainage, a gentleman who is an engineer and lives in the area of this request is
present in the audience this evening and Mr. Norris said he believes he would have
been at the podium if he had a question in his mind about this proposal. For that
reason he is not overly concerned.

Councilman Bishop said he too feels there is a definite need for this type of facility in the community, his biggest concern is the storm water issue but frankly staff has answered his questions concerning storm water to his satisfaction tonight. But in deference to his senior Councilmembers, he will go along with their desires for one reading.

Councilman Norris said he would recommend that we only give one reading tonight and place the Bill on the next agenda for second reading.

Councilman Nodler asked if staff understands what Council is asking of them by the next meeting. Councilman Newsom said we need to quantify what will trip the trigger for the deferred parking to be built, the zoning change publicized, and how far we can be on storm water studies.

City Manager Davis suggested that we look at the storm water issue and see if we have the ability to generate that study very quickly.  The terms of the development agreement can be revised to respond to Council's concerns. Ms. Newsom said getting out a crystal ball and saying I think this is ready or not ready to go for the deferred parking is not acceptable. City Manager Davis said he understands and that will be better denied and we wil work with the developers to get the zoning application expedited.

Mayor Hammen told Mr. Nolte that is sounds like he has support from the City Council for this project provided we can clarify some issues and we will plan to revisit this two weeks from tonight. Mr. Nolte sadi they want Council to feel comfortable with their vote and if this extra time is what is needed to meet with their engineers and bring the quantitative issues forward to work out the development agreeement, that is what they would like to do. Councilman Norris told Mr. Nolte they certainly like that attitude and asked if hed would like to counsel all developers before they appear before this body.

Item 10 on the Agenda. PUBLIC HEARING on the application of SCUP, Inc. dba Stone Canyon Pizza Company for an Alcoholic Beverage License for the sale of alcoholic beverages consumed on the premises on property at 6431-33 N. Prospect in Prospect Plaza Shopping Center.

Mayor Hammen opened the public hearing and explained the hearing process.

Applicant, Todd E. Schoonover, 2305 NE 67th Terrace, stated he will be the Managing Officer for Stone Canyon Pizza who desires to locate at 6431-33 N. Prospect. He is also part owner and their intent is to serve only beer and wine with their pizza concept.   No mixed drinks or packaged liquor to go is intended. It is not a bar atmosphere and there will not be a bar inside the restaurant. Their focus is only to serve beer and wine for on premise consumption. He has held a current liquor license in his name for three years now in good standing and his partner and father, Ron Schoonover, is present tonight and is also the holder of current liquor license in his name in good standing both in Kansas City and Parkville.

The Mayor invited others to speak in favor.

Opposition.

Ken Winkler, 100 NE 62nd Terrace, said this is always a little awkward because he is not totally against this license. He is in favor of Stone Canyon Pizza.

Mr. Winkler said he is here representing the United Methodist Church, 2800 NE 64th Street,
which is the church in question immediately adjacent to the applicant's proposed
location. They have met with the applicant as well as the Bradley Company who is
developing the Prospect Plaza Shopping Center and they feel that Stone Canyon will
be a good neighbor for them. His concern in reference to the church and a house of
worship is that, in the event that Stone Canyon Pizza moves elsewhere, changes
locations or vacates this premises for whatever reason, that a future applicant wanting
a full fledged liquor and bar atmosphere is required to go through a similar process of
public hearing and that there is no imminent transfer of the liquor license to stay with
the location per se. Mr. Winkler said he thinks he the knows the answer to that, but
would desire something in writing that can be placed in the church's file that
acknowledges that protection for the church.

Mr. Winkler said Bradley Real Estate has been very very courteous about this request and has provided a letter to the church assuring that they will do their best to protect the church in the event they need to re-rent that particular piece of property for whatever reason. Mr. Winkler said but there are no guarantees, because properties change hands. He would request such an assurance from the City that that process will be followed in case there is a second
application. He also requests from the City Clerk a copy of the minutes of this hearing
tonight for the church records.

City Counselor Nancy Thompson advised that what Mr. Winkler requests is in fact a requirement of the Gladstone Alcoholic Beverage Code. In the event that the business changes ownership, the new applicant will be required to seek a new license and such license would require another public hearing prior to issuance of the license. The proposed business is located 87' from the church property. The City Code does require 100' distance, and that is why we are here this evening for a public hearing because there is not 100' as required by the Alcoholic Beverage Code. Because the applicant is requesting a deviation from the liquor code to lessen that distance to 87', the City Council does have the ability to impose
conditions which would lessen the impact of that business being within the 100'
distance requirement, so any conditions Council might desire to palace on that license
over and above what the City Code requires is something the City Council may
consider.

Mayor Hammen said an example of the restrictions she refers to would be the
limitation of the sales to only beer and wine.

Ms. Thompson answered that was correct because currently our code requires a restaurant/bar license for Sunday sales which would allow not only beer and wine but also all types of intoxicating beverages to be sold on the premises. The applicant has indicated they desire to only sell beer and wine on the premises and that would be the type of condition the City Council could impose because our current code does require the restaurant bar license.

Ms. Newsom noted the Sunday hours are 1:00 PM - Midnight. Ms. Thompson said yes, those hours are the current City Code requirement.

Mayor Hammen asked Mr. Winkler if Ms. Thompson's comments provide the church the assurance needed. Mr. Winkler responded that it should be sufficient.

Item 10a. on the Agenda. CONSIDERATION OF NEW CLASS A&B LIQUOR BY DRINK LICENSE for SCP, Inc. dba Stone Canyon Pizza Company on property at 6431-33 North Prospect. Managing Officer: Todd E. Schoonover.Councilman Bishop moved to approve a Class A & B Liquor License for Stone Canyon Pizza with the condition that the license be
limited to the sale of beer and wine only. Councilman Norris seconded.

 
Discussion.

Councilman Bishop said it will be great to have Stone Canyon Pizza in our
city and as a frequent customer it will be nice to spend his money in Gladstone rather
than Parkville.

The vote: All "aye" - Councilman Bishop, Councilman Nodler,
Councilman Norris, Mayor Pro Tem Newsom, Mayor Hammen. (5-0)

Item 11. on the Agenda. APPROVAL OF BUILDING PERMIT, for 1,487 sq. ft. tenant finish at 6435 N Prospect in Prospect Plaza Shopping Center for American General Finance. (BP
#99-0984)

Councilman Norris moved to approve the Building Permit as submitted;
Councilman Nodler seconded. Community Development Director Scott Wingerson
confirmed that all was in order.

The vote: All "aye" - Bishop, Nodler, Norris,
Newsom, Hammen. (5-0)

* * *There being no further business to come before the January 10, 2000 Gladstone City Council Meeting, Mayor Art Hammen adjourned the Regular Meeting.

Respectfully submitted:

Marilyn F. Ahnefeld, City Clerk