MINUTES CITY COUNCIL MEETING MONDAY, APRIL 24, 2000
Mayor Dan Bishop called the Regular April 24, 2000 City Council Meeting to order in the City Council Chambers at 7:30 p.m. PRESENT: City Manager Kirk Davis Item 3. on the Agenda. Pledge of Allegiance. Scouts from Troop 247 led the Pledge of Allegiance to the Flag in which all joined. Item 4. on the Agenda. Approval of Minutes. Councilman Smith moved to approve the Regular Monday, April 10, 2000 City Council Meeting Minutes as submitted. Councilman Cross seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Item 4a. on the Agenda. Mayor Dan Bishop read a PROCLAMATION encouraging Gladstone citizens to exercise their right to be counted as part of the 2000 United States Census. Item 4b. on the Agenda. Mayor Dan Bishop read and presented a PROCLAMATION to Ms. Marianne Chance, a junior political science major at the University of Missouri at Kansas City recognizing her contributions as his Council Assistant from January 2000 through April, 2000. The proclamation noted that Ms. Chance was the first student to serve in Gladstone under the University's Political Science Internship Program which provided her the opportunity to observe the inner workings of municipal government and insight into the provision of municipal services. Item 5. on the Agenda. CONSENT AGENDA. Following the Clerk's reading, Councilman Bill Cross moved to approve the Consent Agenda as listed. Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) CONSENT AGENDA DETAIL: Councilman Bill Cross moved to adopt RESOLUTION R-00-32, authorizing acceptance of work under contract with Rose-Lan Construction for the Englewood Baptist Sanitary Sewer Improvements, and authorizing final payment in the amount of $3,139.42 from the Combined Water and Sanitary Sewer Fund (Project 0030). Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Councilman Bill Cross moved to adopt RESOLUTION R-00-33, accepting temporary easements from property owners in conjunction with the NE 70th Street reconstruction (Project 9915). Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Councilman Bill Cross moved to approve the FINANCIAL REPORTS FOR MARCH, 2000. Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Councilman Bill Cross moved to adopt RESOLUTION R-00-34, authorizing execution of a contract in the amount of $389,886.35 with Superior/Bowen Asphalt Company for the 2000 Street Overlay Program with funding authorized from the Transportation Sales Tax Fund. Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Councilman Bill Cross moved to adopt RESOLUTION R-00-35, authorizing a contract with GC Construction in the amount of $253,535.00 from the Transportation Sales Tax Fund for the 2000 Curb and Sidewalk Program. Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) . Item 6. on the Agenda. Communications from the Audience. Mayor Dan Bishop advised the audience that the Englewood Road & Broadway rezoning of the Scharhag property is not on the agenda tonight because the agreement with the developer has not been finalized. He noted that persons are more than welcome to speak on this item tonight if they desire, but offers that a staff member will contact interested citizens and arrangements will be made for a meeting with the developer, during which time citizens will be able to express their concerns regarding the proposed development. Mrs. Mary Abbott, 5905 N. Broadway, said that since they were here they felt the City Council should hear what they had to say and read from her prepared remarks: "I have come here tonight to protest rezoning the Scharhag property. We have given each councilperson a copy of the petition that was circulated and a copy of the letter I received from Scott Wingerson. Our petition is not and is not meant to be a legal document, it is merely a statement of our concerns and the concerns of the people we could contact in a short time. We had the feeling that the second reading of the rezoning Bill 00?14 would be tonight and then voted on, much as the planned development was presented and the first and second reading, then the vote for the plan, all on January 24. We have tried to express our concerns in the petition, but let me tell you in talking to the people who signed the petition, there are many really upset residents in the area from 62nd and North Broadway to 53rd and Old Pike Road. They are concerned about the enormous amount of new traffic that has been fed into Broadway, we suppose from the new housing developments on Old Pike and west on Englewood Road. Broadway is a main artery in Gladstone to Metro North and believe me we all complain we can't get out of our driveways. This main road is just like it was in 1953 when we moved to Brady Hills, except the west side has a side walk and no ditch but the east is worse, the ditch in my front yard gets deeper with each storm. Every time it snows there are at least 3 cars in it; one time they took out my mail box. Last winter one driver (and I can't imagine how he got there) went down the sidewalk and stopped just short of the telephone pole on 59th Terrace. They dump their trash and beer bottles, cartons are the favorite. It is not unusual to get the dust pan and broom and clean up the broken beer bottles from my drive so I can get out. My father built my house for my daughter in 1966 and there was no 59th Terrace at that time, just a farm with the old big barn on the hill, just east and south of the big house that is still there, Grandma Millsap's house. The city told them that they were going to 4 lane Broadway in the near future. That was 34 years ago and the only thing they have done for Broadway is resurface it about 3 years ago and that is when my water problems started. And speaking of which, there are many more who also have water problems. All of this area feeds into East Creek and it can be a roaring river in the blink of an eye and then gone as soon as it quits raining. The Bircain Apartments, with their concrete parking lots, intensified the flood potential of the creek and then all the buildings and parking lots on North Oak made it much worse, and if you think that is not so, sit in Priscilla's parking lot when it is raining hard and watch the water go down the hill to the creek. This area has a real water problem and the creek is full of junk, dead trees, limbs, leaves and you name it east of the bridge at 59th. The city has been called about the situation, but the condition still exists. The Scharhag property we are talking about is named Morgan Park on the AAA map of KC. for good reason. The trees and grass help the runoff to the creek. Now to the last of the problem, which we feel is a big one. Only a chosen few knew anything about a pending apartment complex. Those of us who take and read both the KC Star and the Dispatch said they had never seen one word in the paper. The first indication that anything was pending was when the sign went up to rezone. The Council meeting April 10 when Scott Wingerson got up after me and talked in favor of I'm sure he said 140 senior apartment complex, and no impact on Broadway, all on Englewood Road, there was no mention of the retail mall. I found it out by accident on Tuesday, April 11. Mr. Wingerson called me on Thursday, April 13 and again talked for the senior apartments but no mention of the retail stores. It was confirmed when I received the letter with the plat enclosed from him on Saturday, April 15. The people in Hickory Hills, I understand were sold on the apartments but nothing was ever said about the retail part. We do not feel that the city has been as straightforward about the plan for our part of the city as they should have been. I also discovered in looking at the plat that there are 150 apartments and 174 parking places. That is a lot of cars to cause no impact on adjoining roads, not counting the provisions for the shops. I do not approve spending $50,000 for a study of North Oak when North Broadway is the mess it is. As residents of the area, some who have no choice but to use Broadway or Old Pike to get to work or shopping, plead with you to vote against this development. We do not need or want any more apartment complexes or any more strip malls. We are saturated with them now. Thank you very much for allowing me to express my opinion." Mayor Bishop thanked Mrs. Abbott for her comments. Phil Kingsbury, 5908 N Broadway said he has lived there for 36 years. When he first moved there, Broadway was a dirt street with deep ditches on either side of the road, and 50 cars a day. Today there are over 2,000 cars a day. His concern is traffic, he was almost run over today just going to his mailbox by a speeder. On this apartment complex, there needs to be an ingress and egress ramp going into the complex. He has fought apartments ever since he has lived there and has learned that you cannot fight progress but you can make the developer do what they are supposed to do. That entrance is going to be right on a hill, and there have been two people killed on N Broadway within a100 yards of his house since he has lived there. At times drivers go 70 mph. Mr. Kingsbury said his next concern is water drainage. There is only an 18" metal flume coming off of the two ponds on the Scharhag property and those two ponds hold about an acre of water total. There are six houses to the north of the Scharhag property and he has seen water run across N Broadway even with a 3" rain. Sometimes it runs right across the street to the house on the west side of Broadway, it goes right into their garages. It is a problem. That flume underneath Broadway should be increased to at least a 5' flume and the drainage flume coming off those ponds should be at least 36". The taxpayers should not be the ones who pay for it, it should be the apartment complex. Ever since he has been out here, apartments have devalued the homes of people who live on N Broadway and for a couple of blocks off of Broadway for years and years. Gladstone has never been able to do anything about the problems on the west side of Broadway because Gladstone city limits only go 180' back for the centerline of Broadway to the west. Sine he moved out there traffic has increased by 500 %. In the last two years it has increased about 200%. They can hardly cross Broadway in the morning or the evening; you can't even get on it. He and his sons own ten acres on the west side of Broadway they have fought apartments all their lives. We have enough apartments. Mr. Galen Neill, 6010 N. Wyandotte submitted a petition protesting Englewood & Broadway rezoning signed by in excess of 200 names. He said they did not have a lot of time to circulate it but as Mary Abbott expressed, there is a lot of opposition to this rezoning. He personally circulated the petition himself and knows the feelings of the public. He was delighted to hear the Mayor advise that a meeting will be held with the homeowners. Mr. Neill said he chairs a Crime Watch group comprised of the three subdivisions of Walnut Creek, 61st Street Addition and Stormy Acres, and comes into contact with a lot of people so he is delighted to hear that a meeting is planned. Mayor Bishop asked Mr. Neill if it would be appropriate to have staff contact him, Mrs. Abbott, and Mr. Kingsbury to arrange the meeting . Mr. Neill said he would be willing to be a contact if the residents have no objections. The Mayor asked the City Manager to see that those contacts are made. Item 7. on the Agenda. Communications from the City Council. Councilman Shirley Smith and Councilman George Nodler had no comments at this time. Councilman Anita Newsom said she was pleased to see in the latest issue of the Missouri Municipal Review that our City Clerk Marilyn Ahnefeld is a participant in the Master City Clerk Academy. Ms. Newsom asked if we are starting our weekend code enforcement. It seems that we have a used car lot popping up on every corner and in every front yard. City Manager Davis responded that it has been under way even over the winter months and we certainly have observed a collection of one-day used car lots around and have requested staff to address them. Councilman Newsom continued that people are parking on easements and blocking the line of sight. When people drive by and turn around and make imprudent turns, this is not a safe situation and flies in the face of the ordinances we have in place. Ms. Newsom asked the status of the 76th Street improvements. She stated that it is a mess and should have been done quite some time ago. The street has potholes, no curbs, major rutting, pitting, and getting worse all the time, and we are not treating our citizens correctly. City Manager Kirk Davis stated that there are improvements planned through the Capital Improvements Program and Overlay Program from Oak to Euclid in different phases because of different styles of construction. He believes there is some overlay money set aside for overlay from N Troost on east except for the one block at Lydia. The overlay would be this summer and the reconstruction from Oak to Troost was moved up from the Capital Improvements Committee from year 2005 to year 2003, and will be addressed in two weeks as part of the Budget process. The City Manager continued that there were other issues involved, a water main that needs to be repaired, and we don't want to overlay North Oak till the water main is repaired; there is also the 76th and Oak traffic loops and intersection improvements that must be constructed. We must get easements and right-of-ways from Oak to Troost and this will be a difficult process because those houses are so close to the street. Councilman Newsom commented that she does not see that section of the street, especially from Oak to Lydia getting any better. She cannot see why it is so far back on our schedule although she does understand we don't want to overlay and then dig it up for the water main work. It looks bad, driving is bad and it gets so much traffic. City Manager Davis agreed and stated that the other factors we must take into consideration are the promises we made to the citizens in the 1996 Transportation Sales Tax program. We are in the fifth year of that program and when completed we will have met those promises, but to this date we are limited as far as additional projects and would have to change those promises and re-prioritize. Lastly, Councilman Newsom noted that Wednesday is Administrative Assistants Day and we have a number of them in the City who keep all of us rolling along, and she passes on her thanks to them. Mayor Pro Tem Bill Cross said he certainly agrees with Anita, and has come to realize in the past two weeks how valuable those administrative assistants are. He appreciates all the work that they have done, and how hard they work. Mr. Cross said he learned some things this last week regarding the 72nd Street improvements, and asked for a project status update for the Council's awareness. Assistant City Manager for Development Scott Wingerson said the 72nd Street Project has some complicated issues and he will try to explain it in a short time. There is a high-pressure gas main under the street which the gas company relocated. This allowed the power company, phone and cable companies to come in and relocate their facilities to allow for construction. When that was completed the Public Service Commission required MGE to switch their services back to the high pressure gas main for the high gas usage during the winter months. The good news is that today MGE is relocating the gas mains back to the temporary main that will allow significant construction to occur beginning next week. The current projection is that the streets, both Antioch and 72nd will be open late summer or early fall, with completion in late fall of this year. City Manager Davis stated that it is a very difficult project and we get calls from citizens all the time. The utility companies knew about this project a long time ago and it is very frustrating to deal with these companies now when they have not performed as stated in meetings we have had with them. When completed, we will have a much nicer road for our residents. Councilman Cross said he sees the amount of effort it takes on just this one project. Mayor Dan Bishop advised that since we have two new Council members it is necessary to reassign City Council Liaisons to our boards and commissions. At least one Council member is assigned to each of our ten boards and commissions. He has conferred with each Council member and recommends the following Board and Commission liaison appointments. PLANNING COMMISSION Anita Newsom CAPITAL IMPROVEMENTS PROGRAM COMMITTEE BOARD OF ZONING ADJUSTMENT Bill Cross UNIFORM CODES BOARD OF APPEALS George Nodler INDUSTRIAL DEVELOPMENT AUTHORITY Shirley Smith SPECIAL ROAD DISTRICT #3 Dan Bishop TIF COMMISSION Dan Bishop PARKS & RECREATION BOARD Anita Newsom RECYCLING & SOLID WASTE Bill Cross CABLE TV ADVISORY BOARD Shirley Smith Councilman Shirley Smith moved to approve the recommended City Council Liaison Appointments . Councilman Bill Cross seconded. Discussion: Councilman Anita Newsom asked if there would be a printed list of the appointments. Mayor Bishop acknowledged that a list would be provided. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Item 8. on the Agenda. Communications from the City Manager. City Manager Kirk Davis announced that Home Depot has withdrawn their site plan amendment application. This weekend is Spring Beautification from 8:00 am - 5:00 pm Friday through Sunday in Central Park, and the following weekend is Spring Brush Disposal, May 5 through 7 at the Public Works Building at 76th & Antioch. The City Manager further said he appreciated the efforts of Director Wingerson in responding to Mrs. Abbott on her inquiries about the Scharhag property rezoning and providing information to her. He does not believe anything was left out intentionally, and that all processes were met on that application. We can always improve communication, but he appreciates Mr. Wingerson's providing her information over and beyond the Public Hearing. Item 9. on the Agenda. APPROVAL OF BUILDING PERMIT for interior tenant finish of 2,530 sq. ft. building space located at 4770 N. Belleview, Suite 206 (Belleview Professional Building). Applicant: Luke Draily Construction. Owner: Belleview Properties LLC. (BP # 00-282). Councilman Cross moved to approve the Building Permit for 4770 N. Belleview as submitted; Councilman Smith seconded. Discussion. Councilman Nodler asked former Councilman Norris' question, is everything in order? City Manager Davis assured everything is in order. Mayor Bishop asked if this application was for only one suite in that building. Director Wingerson clarified that it is several suites, but one tenant. The vote: All "aye" - Smith, Cross, Nodler, Newsom, Bishop. (5-0) Item 10 on the Agenda. SECOND READING BILL 00-06, granting a Special Use Permit subject to certain conditions to Stonebrooke, L.L.C. to operate a Subdivision Swimming Pool at 4109 NE 72nd Street. Applicant/owner: Stonebrooke L.L.C. (File #1110). Mayor Bishop mentioned for the record that the First Reading of this Bill took place on March 13th, 2000. Councilman Cross moved to accept the First Reading of Bill 00-06 and place the Bill on Second and Final Reading. Councilman Smith seconded. Discussion. Councilman Newsom asked about the crosswalk placed as a Condition # 7. She said we cannot mandate parenting and we cannot mandate common sense but asked if there was a way we can put any kind of a hold harmless clause on this because the City is allowing the pool to be built in a place where pedestrians will be crossing the street, and possibly young children darting out across the street. Is there a need to put in a hold harmless clause that indicates that we realize there needs to be parental or adult supervision in a situation like this. Ms. Newsom asked if we approve something where the children cross the street, is it an attractive nuisance? Are we in any kind of a liability on it as a City by approving this special use permit. Ms. Thompson responded that she does not think the City has any liability by approving the special use permit. However, she does think the actual crosswalk needs to be studied by a traffic engineer as to whether or not its location is appropriate, rather than the requirement just being a condition of the special use permit without any engineering study being performed. From a liability standpoint, the residents assume their own risk as they cross the street. The city is charged with the responsibility of installing adequate and engineeringly sound traffic control devices. And if one is warranted, then certainly one needs to be installed; if one is not warranted or makes the situation more dangerous, it should not be installed. That requirement (Condition #7) needs to be made subject to a traffic engineer's recommendation . Mr. Cross asked if the homeowners association is liable for any accidents that might occur on the swimming pool grounds. Ms. Thompson said that would be correct on the swimming pool grounds. The Association is charged with the responsibility of maintaining appropriate insurance, and making sure the premises are safe, that is their responsibility not the City's. Ms. Newsom said with the motion maker's consent she would amend Condition #7 in the ordinance to read as follows: #7. "A continental style crosswalk and advance signage in accordance with MUTCD shall be installed across NE 72nd Street at N. Norton, in accordance with traffic design and engineering approved by a traffic study. " Councilman Cross who made the motion and the seconder Councilman Smith were in agreement. Discussion on the amendment. Mayor Bishop explained that we had a first reading on this Special Use Permit on March 13, 2000 and the second reading was deferred. He asked Staff to discuss for the record the reasons and current status of this application. Director of Community Development advised that on March 6, 2000 the Planning Commission voted 11-1 to recommend approval of the request. The City Council Public Hearing was held on March 13, 2000 and first reading of the bill was given at that time. There was a lot of discussion at the Council level and ultimately the Council requested that a traffic study be performed to determine the safety of a crosswalk at 72nd & Norton. Second Reading was scheduled for March 27, 2000 and continued until tonight. At the March 27th meeting several of the area residents of Stonebrooke and Stonebrooke Estates spoke under Communications from the Audience in support of the request. Mr. Wingerson said that brings us up to date except for noting that there is a Petition included in Council's packet which speaks in favor of the special use permit for the operation of a neighborhood swimming pool. Mayor Bishop asked Director Wingerson if he is correct in his understanding that no traffic study has been performed yet because it was felt to be cost prohibitive, however condition #7 under the ordinance as amended by Councilman Newsom would require a traffic study be performed before they could proceed to build the pool. Mr. Wingerson said yes that is accurate. City Counselor Nancy Thompson said in addition that would go farther to say that if the traffic study did not recommend a cross walk at that location, the pool would be built without a cross walk at that location. Mayor Bishop asked Ms. Newsom if that is the intent of her amendment. Ms. Newsom said yes, whatever is prudent with respect to traffic codes. She said we do not want to mark a crosswalk if it is not a safe place for people and have to arbitrarily put one in because the ordinance says we have to have one. The vote on the amendment to Condition #7 of Bill 00-06. All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Councilman Newsom noted Condition #10 indicates "due to parking limitations, the maximum membership of the pool shall be limited to 85 households". She asked if there would be any prudence in putting a safeguard in calling for a minimum number of households that are participants in the pool in order to maintain the pool to such standards so that we do not end up with a Hamilton Heights pool situation. Would this need to be part of the deed restrictions of the development. Mayor Bishop said he believes the testimony we heard previously indicates that is a part of the restrictions and covenants on all of the homes to be built on the south side (Stonebrooke Estates); but he understands that for homes on the north side (Stonebrooke) which have already been platted, we would have no authority to require such a covenant. Counselor Thompson said we could actually require that a certain number of the homes be encumbered by a perpetual covenant prior to issuance of the building permit if there were a certain minimum number of homes that were necessary to support this type of special use permit within the Stonebrooke Estates and Stonebrooke Subdivisions combined. Councilman Newsom said her logic is that right now there are young families in there with kids and people who like and want to use the pool. She has seen neighborhoods grow and change, the kids move away from home, they get cars, they find something else they want to so. Other homeowners move in who may or may not want to be a part of this, and if it is not a part of their covenant that they are a member of the homeowners association, we could encounter the same maintenance problems we had in Hamilton Heights. Counselor Thompson explained that in order to impose those kinds of covenants on the Stonebrooke Subdivision as opposed to the Stonebrooke Estates subdivision, Stonebrooke residents would have to voluntarily place that covenant on their property. She explained that in Stonebrooke Estates it could be done by the developer because the developer retains that right to amend the bylaws and to provide for maintenance fees for the pool. Those on the Stonebrooke side would have to voluntarily do that, but that could be made an additional requirement that they obtain a voluntary covenant from a certain number. Mayor Bishop told Councilman Newsom that he had raised the exact same concern at the previous reading of the Bill and we probed at some length how much money would be generated on a an annual basis by the homeowner dues from the Estates. He personally came to the point where he was fairly satisfied that it would be enough to maintain the pool on an ongoing basis. Councilman Newsom asked Councilman Cross what his opinion is being familiar with pool operation costs. Councilman Cross said they could operate and maintain the pool with what they propose to charge, particularly with no personnel costs. Councilman Nodler asked Mr. Wingerson if he would comment on his analysis of supporting the pool with just the 37 lots in Stonebrooke Estates that would be encumbered. Director Wingerson told Councilman Nodler that he believes he is referring to the staff report created in late February or early March prior to the Planning Commission Hearing. The Planning Commission spent some time discussing that issue as did the Council. So if the Council is satisfied at this point, staff just wanted to raise the issue. Mayor Bishop stated for the record that as referenced earlier, the Council did receive a petition signed by 53 persons presumably all of whom live in the Stonebrooke subdivision in support of this pool and we also had a number of individuals speak in favor of this pool at our Council Meeting on March 27, 2000 and based on the strong showing of citizen support for this pool, he will be support this special use permit. The vote to accept the First Reading of Bill 00-06 and place the Bill as amended on second and final Reading; The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) The Clerk read the bill. Councilman Bill Cross moved to accept the second and final reading of Amended Bill 00-06 and enact the Bill as Ordinance No. 3.749; Councilman Shirley Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Item 11. on the Agenda. PUBLIC HEARING: on a request for a Site Plan Revision and a Special Use Permit for property located at 7260 N. Antioch Road for operation of a Day Care facility. Applicant: Kathleen Tobin. Owner: Tuf-Flight Industries (File #1115/16). Mayor Dan Bishop opened the Public Hearing and explained the hearing process. Applicant Kathleen Tobin, 6113 N Michigan said she requests approval of a special use permit at this location for the operation of Caroline's House Day Care facility as licensed by the State of Missouri. The State will allow up to 73 children based on the size of the building but her daily attendance generally runs about 50 children. She is agreeable to the conditions of the Special Use Permit and requests Council approval of her application. Community Development Director Scott Wingerson advised that this application is for a site plan revision as well as special use permit on property at 7260 N Antioch Road for the operation of Caroline's House Day Care. He noted the Planning Commission unanimously recommended approval by a vote of 10-0 subject to the conditions listed on site plan and special use permit bills. The applicant is agreeable to all conditions and he invited questions. There were no other persons to speak for or against this application and Mayor Bishop closed the Public Hearing. Item 11a. on the Agenda. FIRST READING BILL 00-16, granting a Site Plan Revision for property located at 7260 N. Antioch Road. Applicant: Kathleen Tobin. Owner: Tuf-Flight Industries (File #1115/16). Councilman Smith moved to place Bill 00-16 on First Reading; Councilman Cross seconded. Discussion. Councilman Newsom asked if there would be traffic markings for entering off of Antioch Road and exiting to 72nd Terrace. Director Wingerson said yes. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) The Clerk read the Bill. Councilman Smith moved to accept the First Reading of Bill 00-16 and place the Bill on Second and Final Reading; Councilman Cross seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) The Clerk read the Bill. Councilman Smith moved to accept the Second and Final Reading of Bill 00-16 and enact the Bill as Ordinance No. 3.750. Councilman Cross seconded. The vote: All aye: - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Item 11b. on the Agenda. FIRST READING BILL 00-17, approving a Special Use Permit subject to certain conditions to Kathleen Tobin for operation of Caroline's House child care on property located at 7260 N. Antioch Road. Applicant: Kathleen Tobin. Owner: Tuf-Flight Industries (File #1115/16). Councilman Cross moved to place Bill 00-17 on First Reading; Councilman Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) The Clerk read the bill. Councilman Cross moved to accept the First Reading of Bill 00-17, Waive the Rule and place the Bill on Second and Final Reading; Councilman Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) The Clerk read the Bill. Councilman Cross moved to accept the Second and Final Reading of Bill 00-17 and enact the Bill as Ordinance No. 3.751. Councilman Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Item 12. on the Agenda. PUBLIC HEARING: on a request to rezone property from CP-3 to CP-0, property located at the southeast corner of N. Chestnut and N. Brooktree Lane (6101 N. Chestnut). Applicant: Scharhag Architects. Owner: Curry Investment Company (File #1119). Mayor Bishop explained the Public Hearing process and noted for the record that he will abstain from voting because he is associated with the Assistance League of Kansas City who will occupy this proposed facility. Jeff Schroeder, introduced himself as the owner and President of Scharhag Architects, 1806 Swift, North Kansas City, Missouri, and said he is here to represent the Assistance League of Kansas City in this application. The Assistance League is a not for profit 501 (c) (3) organization that relies on donations for their work and is a totally volunteer organization with no paid volunteers. This facility will house the projects they operate such as Operation School Bell, I'm In Charge, Operation Hug, and others. They propose an approximate 5,000 sq. ft. building which will serve 2-3 staff members who will be there 2-4 times a week. Two meetings are held monthly with typically 50-60 people in attendance and they propose a large parking lot to accommodate this need. Mr. Schroeder said there are a number of members of the Assistance League here this evening who can answer any questions Council may have. They have read and agree with the terms and Conditions 1 through 7 of the Site Plan Bill (00-19) They are pleased to be in Gladstone and ask Council's approval of this application. There were no others to speak for or against this application. Community Development Director Scott Wingerson advised that the Planning Commission recommended unanimous approval of this request and the site plan ordinance contains several conditions to ensure compliance with the City Code. There were no further comments and Mayor Bishop closed the Public Hearing. Item 12a. on the Agenda. FIRST READING BILL 00-18, rezoning property from CP-3 to CP-0, located at 6101 N. Chestnut. Applicant: Scharhag Architects. Owner: Curry Investment Company (File #1119). Mayor Pro Tem Cross moved to place Bill 00-18 on First Reading; Councilman Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross. Mayor Bishop "abstained". (4-0-1) The Clerk read the Bill. Councilman Smith moved to accept the First Reading of Bill 00-18, Waive the Rule and place the Bill on Second and Final Reading; Councilman Cross seconded. The vote: l "aye" - Smith, Nodler, Newsom, Cross. Mayor Bishop "abstained". (4-0-1) The Clerk read the Bill. Councilman Smith moved to accept the Second and Final Reading of Bill 00-18 and enact the Bill as Ordinance No. 3.752; Councilman Cross seconded. The vote: "aye" - Smith, Nodler, Newsom, Cross. Mayor Bishop "abstained". (4-0-1) Item 12b. on the Agenda. FIRST READING BILL 00-19, approving a Site Plan Revision for property located at the southeast corner of N. Chestnut and N. Brooktree Lane (6101 N. Chestnut). Applicant: Scharhag Architects. Owner: Curry Investment Company (File #1119). Mayor Pro Tem Cross moved to place Bill 00-19 on First Reading; Councilman Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross. Mayor Bishop "abstained". (4-0-1) The Clerk read the Bill. Mayor Pro Tem Cross moved to accept the First Reading of Bill 00-19, Waive the Rule and place the Bill on Second and Final Reading; Councilman Smith seconded. The vote: "aye" - Smith, Nodler, Newsom, Cross. Mayor Bishop "abstained". (4-0-1) The Clerk read the Bill. Mayor Pro Tem Cross moved to accept the Second and Final Reading of Bill 00-19 and enact the Bill as Ordinance No. 3.753; Councilman Smith seconded. The vote: "aye" - Smith, Nodler, Newsom, Cross. Mayor Bishop "abstained". (4-0-1) Item 12c. on the Agenda. FIRST READING BILL 00-20, approving the Final Plat of "Kendallwood Commercial Center" at the southeast corner of N. Chestnut and N. Brooktree Lane (6101 N. Chestnut). Applicant/Owner: Curry Investment Company (File #1118). Councilman Smith moved to place Bill 00-20 on First Reading; Councilman Cross seconded. The vote: "aye" - Smith, Nodler, Newsom, Cross. Mayor Bishop "abstained". (4-0-1) The Clerk read the Bill. Councilman Smith moved to accept the First Reading of Bill 00-20, Waive the Rule and place the Bill on Second and Final Reading; Councilman Cross seconded. The vote: "aye" - Smith, Nodler, Newsom, Cross. Mayor Bishop "abstained". (4-0-1) The Clerk read the Bill. Councilman Cross moved to accept the Second and Final Reading of Bill 00-20 and enact the Bill as Ordinance No. 3.754. Councilman Smith seconded. The vote: "aye" - Smith, Nodler, Newsom, Cross. Mayor Bishop "abstained". (4-0-1) Item 13. on the Agenda. FIRST READING BILL 00-21, revising certain Fees and Charges for services and activities provided by the City and amending certain ordinances. Councilman Cross moved to place Bill 00-21 on First Reading; Councilman Smith seconded. Discussion. Councilman Smith noted there was not ample time in the earlier study session for Staff to review the proposed changes and she would be reluctant to give a second reading to this bill without benefit of that presentation. Director of Finance Cash Sweiven explained there are two reasons for this presentation on a proposed revision to our fees and charges: Long Term Fiscal Analysis and Council Goals. We have taken the opportunity to review our revenue streams and propose adjustments. He advised that departments were asked to review their fees and charges for their associated services and propose adjustments to them. He stressed that not all of the fees and charges that were proposed for increase have been brought forward at this time because some involve changes in policies and procedures that we need to look at and discuss further. The findings and recommendations of the review fell into the categories of adjusting charges for Maps and Publications, Reports, Animal Licenses & Fees, Building and Field Rentals, Annual Swimming Pool Memberships and Swimming Lessons. Basically we are proposing to increase the fees for these services to better cover some of the costs associated with providing those services. Mr. Sweiven invited questions. Councilman Newsom said she was glad to see that we have placed the un-neutered female and male animals charges on a level playing field with both at $20.00 and are keeping the neutered and spayed fee at a reasonable cost. She does question the changes in the Euthanasia Fee from the current rate of $20.00 for the first pet euthanized and $35.00 for an additional euthanized within a year to a flat fee of $30.00 for the 1st and any additional pet euthanized. Why would we charge a flat fee for both the first and second pet euthanasia within a year. Director Sweiven said through his discussions with animal control they felt they did not want to penalize a second euthanasia so they suggested equalizing the amount. Ms. Newsom said so we are just going to have puppies and take them out there at $30.00 a pop and have them euthanized, she does not understand the logic. She asks if this is in deference to their not being dumped off on the side of the road in which case we would have to euthanize them at our cost. Mr. Sweiven said he believes that part of the consideration was that there was not a change in the cost of euthanizing one animal versus a second. Ms. Newsom said the more we use our equipment at the Animal Control facility the sooner it will have to be replaced just because people are not prudent pet owners. Mr. Sweiven pointed out that these proposed increases or adjustments are not to fully cover the costs of any of these activities but hopefully better recoup some of those costs. Councilman Newsom said she would go on record that she has a problem with charging the same fee for the first pet euthanasia and any other pet in the same year. Ms. Newsom also asked what the day care swim lesson fees are for. Director Buschor explained that those are special rates that we offer the day cares who utilize our services during the summer months. Ms. Newsom said she does believe it is prudent to bring our charges in line each year. Mr. Sweiven said as a part of the fiscal long term analysis, we will looking at our fees and charges each year in October and adjust them accordingly and bring them back to the Council in early December so we will have a process in place now, as opposed to individual city departments reviewing them at different times. Councilman Newsom also asked if we know the number of 2nd euthanasia occurrences we would have in a year. Director Bill Adamo said he does not have the number but believes it is rare. Ms. Newsom said she can live with it for this year but would like to see statistics next year. The vote: "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5 -0) The Clerk read the Bill. Councilman Cross moved to accept the First Reading of Bill 00-21, Waive the Rule and place the Bill on Second and Final Reading; Councilman Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0). The Clerk read the Bill. Councilman Cross moved to accept the Second and Final Reading of Bill 00-21 and enact the Bill as Ordinance No. 3.755. Councilman Smith seconded. The vote: All "aye" - Smith, Nodler, Newsom, Cross, Bishop. (5-0) Item 14. on the Agenda. Other Business. . Phil Kingsbury, 5908 N Broadway, spoke to the City Council about the number of arrests on N Broadway between 58th Street & 60th Street between 10:00 pm and 3:00 am. About three weeks ago there were five arrests in this vicinity all the same night and the number of red lights keeps people awake. Our Public Safety Department does a good job but he asks if we can't spread out the arrests a little bit. He also noted his son who lives at 5900 N Broadway in Kansas City city limits has experienced thefts but Kansas City Police will not come out nor will Gladstone because it is not in our city limits. He said Kansas City does not do any patrol on the west side of Broadway. Mayor Bishop thanked Mr. Kingsbury for his comments. * * * There were no communications from the News Media or further business to come before the April 24, 2000 Gladstone City Council Meeting, and Mayor Dan Bishop adjourned the Regular Meeting. Respectfully submitted:
Marilyn F. Ahnefeld, City Clerk |