CITY COUNCIL MEETING
MONDAY, JANUARY 10, 2000
Mayor Art Hammen called the Regular January 10, 2000 City Council Meeting to order
City Manager Kirk Davis
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
Following the Clerk's reading of the Consent Agenda, Councilman Nodler moved to
CONSENT AGENDA DETAIL:
Councilman Nodler moved to adopt RESOLUTION NO. R-2000-1, accepting a Bill of
Councilman Nodler moved to adopt RESOLUTION NO. R-2000-2, authorizing
Councilman Nodler moved to adopt RESOLUTION NO. 2000-3, authorizing execution
Councilman Nodler moved to adopt RESOLUTION NO. R-2000-4, accepting work
Councilman Nodler moved to adopt RESOLUTION NO. R-2000-5, accepting work
Item 6. on the Agenda. Communications from the Audience.
Item 7. on the Agenda. Communications from the City Council.
Councilman Dan Bishop wished all a Happy New Year and commented that during
He commends the City because they started out in a very methodical way to figure out
Councilman Bishop introduced his Council assistant, Marianne Chance who is a
Councilman Roger Norris wished all a Happy New Year and said he was fortunate to
Councilman Norris said he saw on the news where another firefighter had been killed
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
Ms. Newsom also asked that the meeting reservation lists distributed to Council include
Mayor Hammen said he was so extremely pleased and humbled by the response we
Item 8. on the Agenda.
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
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
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
Mr. Nolte also displayed conceptual drawings of the front of the
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
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
Mr. Dick Heinisch, 434 NW 58th Street, said he is just west of this project and they
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
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
Director of Community Development Scott Wingerson, said before he
Mr. Wingerson said staff has recommended some 14 conditions for
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
Condition #7 requires a Development Agreement concerning the
Condition #8 requires that the developer seek rezoning for the retail center from
Condition #10 requires installation of temporary hard
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
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
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
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
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
Mayor Hammen asked on the developer's agreement, if staff
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.
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
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.
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
The vote: All "aye" - Councilman Bishop, Councilman Nodler,
Councilman Norris said before we go further he would ask if there is a problem
Councilman Norris asked if a first reading with a 5-0 vote is the indication they are
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
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
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
Councilman Norris said he would echo Ms. Newsom's comments and would liked to
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.
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
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
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
Mayor Hammen said an example of the restrictions she refers to would be the
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
Councilman Bishop said it will be great to have Stone Canyon Pizza in our
The vote: All "aye" - Councilman Bishop, Councilman Nodler,
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
Councilman Norris moved to approve the Building Permit as submitted;
The vote: All "aye" - Bishop, Nodler, Norris,
* * *There being no further business to come before the January 10, 2000 Gladstone City Council Meeting, Mayor Art Hammen adjourned the Regular Meeting.
Marilyn F. Ahnefeld, City Clerk