CITY COUNCIL MEETING
MONDAY, JULY 28, 2003
PRESENT: Mayor Les Smith
Mayor Pro Tem Wayne Beer
Councilman Bill Cross
Councilman Carol Rudi
Councilman Joe Evans
City Manager Kirk Davis
Assistant City Manager Scott Wingerson
City Counselor David Ramsay
City Clerk Cathy Swenson
Mayor Les Smith opened the Regular July 28, 2003 City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Les Smith led the Pledge of Allegiance, in which all joined.
Item 4. on the Agenda. APPROVAL OF THE REGULAR JULY 14, 2003, CITY COUNCIL MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular July 14, 2003, City Council Meeting Minutes as presented. Councilman Wayne Beer seconded the motion. The vote: All “aye” Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Item 5. on the Agenda. CONSENT AGENDA.
Following the Clerk’s reading, Mayor Pro Tem Wayne Beer requested that Resolution
R-03-52, authorizing the execution of a Permanent Sanitary Sewer Easement and a Temporary Construction Easement to Kings Gate at Brighton, LLC over and through the eastern portion of Happy Rock Park for the construction and maintenance of a service line connecting Kings Gate at Brighton subdivision in Kansas City, Missouri to a nearby Kansas City sanitary sewer main be placed on the Regular Agenda for discussion as Item 5a.
Councilman Carol Rudi commented that in regard to the June 2003 Financial Report, she likes financial reports where the City’s revenues are greater than the expenditures.
Mayor Les Smith remarked that he had mentioned to City Manager Kirk Davis that he would like to eventually see in some format the separation of the Sales Tax and the Use Tax in order to see good monthly and yearly comparisons.
Councilman Bill Cross moved to approve the Consent Agenda as amended. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Councilman Bill Cross moved to approve the ANNUAL LIQUOR LICENSE RENEWALS for El Patio, LLC, dba Senor Tequila’s, 6502 N Oak; El Patio, LLC, dba Senor Tequila’s, 5941 N Antioch; Nardella, Inc., dba Mark & Michelle’s Bar & Grill, 7102 N Oak; Tortilla Flats, 5716 NE Antioch Road; Kyle’s Tap Room, 6825 N Oak; and TEZ, Inc., dba The End Zone, 7632 N Oak. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Councilman Bill Cross moved to approve the FINANCIAL REPORTS for the month of June 2003. Councilman Carol Rudi seconded. The vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0
Item 5a. on the Agenda. Resolution No. R-03-52, authorizing the execution of a Permanent Sanitary Sewer Easement and a Temporary Construction Easement to Kings Gate at Brighton, LLC over and through the eastern portion of Happy Rock Park for the construction and maintenance of a service line connecting Kings Gate at Brighton subdivision in Kansas City, Missouri to a nearby Kansas City sanitary sewer main.
Mayor Pro Tem Wayne Beer asked Staff to elaborate on this resolution, especially as it pertains to the issue of trees.
City Manager Kirk Davis replied this easement, that would service a Kansas City neighborhood, would be located on the very eastern edge of Happy Rock Park, which is actually in Kansas City, off of North Kensington. The request is an easement that would require the removal of some trees on the eastern edge of Happy Rock Park.
City Manager Davis explained that Assistant City Manager Scott Wingerson negotiated replacement of the trees, as outlined in a memorandum from Mr. Wingerson included in the Council packet. The memorandum states that the developer has agreed to provide and plant replacement trees as follows: each existing 8”-12” tree would be replaced by two 3” trees; each existing 12”-18” tree would be replaced by three 3” trees; and each existing 18” and larger tree would be replaced by four 3” trees.
City Manager Davis explained the area where the trees will be removed is rather secluded and the trees being removed are not of good quality. It is difficult for the public to enjoy this particular area due to the fact it is secluded. The idea is to plant the new trees in the expanded area of Happy Rock Park to assist with some buffering issues with the adjoining neighborhood to the north, and to reduce landscaping costs. This would potentially allow funds to be spent on other improvements, such as connecting the trail around the expanded area of the park. The placement of trees in the expanded area would be more conducive to public enjoyment.
Mayor Pro Tem Wayne Beer stated as this specific information is not in the resolution, he would like to be certain there is a commitment that the City would receive cash for the value of the trees, or the trees to be planted elsewhere. Councilman Beer remarked the trees cannot be planted in the easement due to the fact nothing can be put on the easement for maintenance reasons. Councilman Beer remarked he feels it is necessary to have something in writing that specifies that the trees will be planted by the developer or contractor on the expanded area of Happy Rock Park or that the City receive funds with which to purchase the trees.
City Manager Davis commented that the City’s contractor, who would be working on the expansion of Happy Rock Park, would probably be asked to plant the trees in conjunction with the balance of the landscaping. The provision of the trees could be accomplished through a Development Agreement with the Kansas City contractor, or by amending this resolution, or if Council gives that direction now, Staff will make a note of it, and when Staff follows through with the contractor in Kansas City, the trees or a cash equivalent will be requested. Most probably the trees will be requested in order to coordinate at a later date with the landscaper of the expanded area of Happy Rock Park. City Manager Davis stated Staff would proceed with direction from City Council.
Mayor Pro Tem Wayne Beer stated he would be agreeable to providing direction from City Council with a consensus of Council members.
Councilman Bill Cross remarked, that based on Mr. Wingerson’s memorandum, the Kansas City developer has agreed to provide replacement trees as City Manager Davis reported, and he feels that this will be guaranteed when the City is ready to plant the trees.
Mayor Pro Tem Wayne Beer moved to adopt RESOLUTION NO. R-03-52, authorizing the execution of a Permanent Sanitary Sewer Easement and a Temporary Construction Easement to Kings Gate at Brighton, LLC over and through the eastern portion of Happy Rock Park for the construction and maintenance of a service line connecting Kings Gate at Brighton subdivision in Kansas City, Missouri to a nearby Kansas City sanitary sewer main. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Dave Wheeler, 6417 North Flora, began by saying he and his wife have lived at 6417 North Flora for 19 years, and have previously lived at two other locations in Gladstone. Mr. Wheeler stated he has sold his home and he and his wife plan to move to an Englewood Vista Independent Senior Living home. He has made all the arrangements to move August 1st, but he understands there has been a setback with people being allowed to reside in the building in which he plans to move. Mr. Wheeler understands one conflict is the roadway, and another is the retaining wall. Mr. Wheeler continued by saying he knows there are a lot of people on a fixed income that hope to reside in this building, and they likewise have made arrangements to move. It will be difficult for him and others if they cannot move into the building as planned.
Mr. Wheeler was first going to move into his new home July 1st, but the Englewood Vista management told him he would have to wait until July 15, and then they told him that he would have to wait until August 1st. Mr. Wheeler feels the Englewood Vista management are good people, with a good background, but if there is anything the City could do to help with this process, he would appreciate it. Mr. Wheeler understands that there is concern with Public Safety vehicles, such as the ambulance and fire truck getting into the area, but perhaps something could be done with a temporary roadway, so people can move into their new homes. Mr. Wheeler feels that the Englewood Vista management people will stand by what they tell the City they will do.
Mayor Les Smith stated that since Mr. Wheeler’s visit to City Hall that morning, a possible solution may be available. Mayor Smith asked Assistant City Manager Scott Wingerson to provide an update.
Assistant City Manager Scott Wingerson stated that Mr. Wheeler had described the situation accurately. The back of the Englewood Vista Senior Living facility contains two separate buildings from a code perspective. The furthest west building is not connected by a paved surface to the rest of the buildings, making fire protection and ambulance service virtually impossible to the northwest corner of the entire complex. Mr. Wingerson explained that City staff has maintained from the beginning of the project that construction of North Central, which is the street leading up to the project, and is not completely constructed yet, was critical for the City to provide emergency services to that part of the complex, and occupancy would not be granted until such time as Central was constructed. That record goes back almost a year. However, moving forward, because there are 42 people who have units they are scheduled to move into on August 1st, City staff has been working diligently to come up with a solution to allow this to occur.
Part of the solution, reported Mr. Wingerson, is the final temporary occupancy building inspections that need to occur. These inspections will be made Tuesday, Wednesday, and Thursday of this week, based on the request by the contractor. Another issue is the temporary improvement of North Chestnut. It is Mr. Wingerson’s understanding that the excavation contractor will be cutting the street to final grade, tomorrow, and the general contractor is attempting to schedule asphalt companies to install an 18-foot wide strip through the middle of where North Chestnut will be. From that point, emergency access would be afforded both coming and going on an 18 feet of width and 6 inches of depth asphalt, which should satisfy the concerns of all involved from an emergency services standpoint. Mr. Wingerson reported that a delay over the last year has been the construction of a retaining wall on the west side of North Central. The developer had to purchase additional property to get the right to build the wall and they have had trouble designing a wall that meets the City’s specifications in terms of technically how the wall must be built in right-of-way in corridor situations.
Mr. Wingerson continued by saying, if City Council concurs, Staff recommends the acceptance of a temporary solution, which is the asphalt strip to allow emergency services, continue to perform and expedite the building inspections, and expedite the plan review for the retaining wall, hoping that all this comes together and is complete in the next 30 to 45 days.
Mayor Smith remarked that the issue was to get Public Safety apparatus back to the farthest west building. The City does not want people living in the back part of the project, if a fire should occur and emergency services are not able to be provided. Mayor Smith said if this temporary solution satisfies City Council, then he suggests that City Staff be given the go ahead, so Mr. and Mrs. Wheeler and the others may move into their new homes. On a personal note, Mayor Smith stated, he has been fairly disappointed with the developer from time to time and is not convinced that they lived up to doing some things in a timely manner on a lot of issues that they promised when the City approved the plan. Mayor Smith said, however, they are at a point where the City can safely say the residents will be protected.
Mayor Pro Tem Wayne Beer agreed that the developer has been less than forthcoming on many issues. One area that the developer was a bit out of bounds was promising occupancy on any date without regard to the inspections that have to occur and Public Safety access to all the buildings. Councilman Beer remarked that nonetheless, the developer has made a commitment to 42 people who, now after Friday, are without a home in many cases, and from a humanitarian standpoint and in order to take care of our citizens, it seems the City has to provide reasonable accommodations to allow them to move into their new homes. Councilman Beer stated he feels what Staff proposes, presuming that the developer is able to fulfill his commitments made of late and today, is acceptable to him.
Councilman Carol Rudi asked if the City allows this occupancy to take place, and the developer does not fulfill his commitment, what are the options for the City.
Assistant City Manager Wingerson replied that there is $75,000 in escrow.
Councilman Rudi asked if that is enough to complete the street.
Mr. Wingerson replied, yes.
Councilman Bill Cross asked if the $75,000 in escrow would go into effect after the first day of August if the street were not complete.
Mr. Wingerson replied, no, it would go into effect after failure to complete the improvements.
Councilman Rudi asked if the $75,000 would cover the cost of the retaining wall.
Mr. Wingerson replied, yes.
Councilman Rudi stated that if our costs are covered, then she is agreeable to this action.
Councilman Joe Evans asked Public Safety Director Bill Adamo if he had any concerns in regard to the fire apparatus or police access to the project.
Public Safety Director Bill Adamo stated he feels his concerns are covered with the accessibility of fire and EMS equipment. The City’s Fire Inspector would not sign off on this unless there is access to the building sufficient to handle the trucks, in particular the aerial truck. The initial 2 inches of asphalt that was going in was not acceptable to the City nor would it be to the residents if there were a fire and the trucks could not get to the building. The six inches of asphalt or better will work, and as long as Public Safety equipment can get into this area, there is no further concern.
Mayor Pro Tem Wayne Beer agreed that 2 inches of asphalt is little better than a walking path, and asked Director Adamo, in regard to two way access, if he is comfortable with the 18 foot width.
Director Adamo replied, yes.
Hauk Studschwing, stated he is a 25 year Gladstone resident, who is currently living with his daughter, and in regard to the $75,000 that is in escrow, he would like to hear a definite date that work must be done by the developer. Mr. Studschwing commented that if the City is concerned the developer will not complete the work satisfactorily, he will be one of the first residents that will have his own lawyer visit with the developer.
Mayor Smith asked Mr. Wingerson if this might be a performance bond issue.
Mr. Wingerson replied that the City does hold performance bonds on the project through the permitting process, but the more expedient process is through the escrow funds. The escrow is designed for the security in completing the improvements. The escrow protects the public’s interest. Mr. Wingerson remarked he could not give a definitive date at this meeting, but he will try to get this information back to the citizen and City Council as soon as possible.
Mayor Smith asked if there is a concern regarding access on North Central only for Public Safety vehicles – is there full access to the project for other vehicles.
Mr. Wingerson replied there is access for other vehicles from North Main.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Joe Evans stated he was looking forward to the Ground Breaking at the new fire station, tomorrow morning, and also thanked the Gladstone Area Chamber of Commerce for their donation to the Oak Grove Park Amphitheatre Fund.
Councilman Carol Rudi had nothing to say at this time.
Councilman Bill Cross had nothing to say at this time.
Mayor Pro Tem Wayne Beer had nothing to say at this time.
Mayor Smith reported that on a sad note, Tamie Mills, the City’s Public Information Coordinator, has resigned effective July 29th. Ms. Mills will be missed, but the City wishes her well on her future endeavors.
Mayor Smith expressed his thanks to the Gladstone Area Chamber of Commerce for their donation to the Oak Grove Park Amphitheatre Fund. Mayor Smith then read a letter of thanks from Matt Kimbrough, a 14-year-old Boy Scout, with a Star rank, who lives on North Wabash off of Antioch Road. Mr. Kimbrough thanked the City for paving Antioch Road and repairing the pothole on his street.
Mayor Smith asked City Manager Davis about the property at 57th and Antioch Road, and commented whether it be addressed as a code enforcement issue, a blight issue, or some other issue, Mayor Smith would like to see the City’s options researched for this property. It is a shame to have property in this shape in our City and especially on Antioch Road.
City Manager Kirk Davis replied there is a code enforcement issue pending, and tomorrow Staff is meeting to discuss strategy to move forward regarding the dangerous building issues. There is some interest in this property, and there may be an opportunity for redevelopment.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis mentioned that tomorrow, July 29th, at 10:00 AM, will be the groundbreaking for the new Fire Station #1, at 61st and North Oak, and he stated he hoped everyone will be able to attend. City Manager Davis stated there have recently been two successful events at the Oak Grove Park Amphitheatre, and on August 8, 9 and 10 will be the Theatre in the Park production of “Big River”. Many kudos have been received for the Amphitheatre.
City Manager Davis offered congratulations to Officer Wick Pickard who has received a statewide award, the Missouri Police Officer of the Year Award, through the Missouri Optimists organization for his years of service and dedication to the community. Officer Pickard was nominated by his fellow officers.
City Manager Davis stated the citizens who are moving into the Englewood Vista Independent Senior Living project do potentially have a private issue with the developer. There are a series of checklists that have been on the table for a period of time. With the direction from City Council members, at this meeting, Staff will be able to address the safety issues. The City has been unwavering in addressing the safety issues, and the developer has made some promises that have not been kept. City Manager stated he wished to make it clear this is an issue of promises not kept to potential clients of the developer. The part of the City during this process has been above board, on the record, for a period of time. The City is trying to help the citizens, which is what we like to do, but the City has to be careful with the issues that were discussed tonight.
Item 9. on the Agenda. APPROVAL OF LIQUOR LICENSE RENEWAL for
Gladstone Bowl, 300 NW 72nd Street, Class A&B Liquor by Drink License.
Mayor Les Smith stated as he has a vested interest in this business, he would not be voting on this item.
Councilman Bill Cross moved to approve the Liquor License Renewal for Gladstone Bowl, 300 NW 72nd Street. Mayor Pro Tem Wayne Beer seconded. The vote: “Aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer. “Abstain” - Mayor Les Smith. (4-0-1)
Item 10. on the Agenda. PUBLIC HEARING for consideration of a Sign Variance to allow construction of a modified pylon sign with a maximum height of 12 feet 6 inches at Ming Auto Beauty Center located at 400 NE 73rd Terrace. Applicant: Bandy Sign Service. Owner: Jahanian Daryoush. (File #1195)
Mayor Smith opened the Public Hearing and explained the hearing process that City Staff will make their presentation, followed by the presentation by the Applicant, and finally comments from those in Favor and those Opposed.
Staff Presentation: Assistant City Manager Scott Wingerson began by saying the applicant has requested a variance from the Sign Code, which would allow the construction of a modified monument sign with a maximum height of 12 feet 6 inches. The Sign Code designates a maximum height of 7 feet for a monument sign. The proposed sign complies with all other requirements of the Sign Code. The City Council’s packet includes information that indicates the existing pylon sign for the Ming Auto Beauty Center is approximately 24 feet in height. Mr. Wingerson continued by saying the applicant seeks approval of one or the other of the two designs found in City Council’s packet. The primary difference in the designs is one or two poles and the one pole design is a single pole in the middle.
Mayor Pro Tem Wayne Beer inquired into the line of sight and visibility. The sign as proposed would set on the private property line adjacent to the right of way. Regardless of which design is approved, Councilman Beer asked if the sign height in that position would affect the line of sight for anyone egressing the property, and in regard to the sign height at the bottom of the sign itself to the top of the sign, would the monument sign provide proper visibility from the street given the topography of the street and property. Are there site and visibility issues if this were in fact truly a monument sign as per code.
Mr. Wingerson replied under either of the proposals, the sign would be set back to preserve the safe sight triangle for entering or exiting the property onto North Oak. With a true monument, the sign would have to move back slightly, because just a small difference between the leading edge of the sign as proposed, and the center pylon preserve the safe sight triangle. A true monument would not have a leading edge; it would be a solid rectangular shape, which would then impact the safe site triangle exiting the property onto North Oak. Mr. Wingerson continued by saying to construct a typical monument, with a maximum height of 7 feet, the sign would have to be backed slightly towards the property in order to preserve the safe sight triangle.
Mayor Pro Tem Beer asked without a variance, would this 12 foot 6 inch sign be permitted under conditions other than being placed at the property line.
Mr. Wingerson replied, yes, if the sign were classified as a pylon sign, it would be required to set back a distance of its height. For a 12 foot 6 inch sign classified as a pylon sign, the leading edge of the sign would be required to be 12 feet 6 inches, in this case east, of the property line.
Councilman Carol Rudi asked for an example in the City of a similar modified sign of this height.
Mr. Wingerson replied, the sign at Hen House and Meadowbrook Shopping Center are modified pylon signs. Basically they are pylon signs with enhanced aesthetic treatments that make them look more substantial and less like a pylon sign. Another location of a sign is Lockwood Center, which is a monument sign, however it exceeds the height limitation and is approximately 10 feet tall. There are examples of monument signs in the community that exceed the height requirement, as well as modified monuments that are treated a little bit differently.
Councilman Rudi asked if the signs at Hen House and Meadowbrook Shopping Center are approximately 24 feet.
Mr. Wingerson replied he would need to check, but he believes that the signs at Prospect Plaza, where Hen House is located, and Meadowbrook Shopping Center are in excess of 24 feet.
Mayor Les Smith commented that part of the rationale in approving those signs was the multiple tenants in the centers.
Mr. Wingerson stated that this application contains three tenants, or three different businesses.
Councilman Joe Evans asked, based on the pictures of the existing sign, is this modified monument sign moving closer to the street.
Mr. Wingerson replied slightly, and he believed the intent was, if possible, to use the existing pylon, cut it down, box it, and install the cabinet.
Councilman Evans asked it that was the east edge.
Mr. Wingerson confirmed that was correct, it would be the central point of the sign, and it would be east and west.
Applicant Ron Bandy, Bandy Sign Service, stated that in answer to a question from Councilman Beer, the setback requirements that is required by the City of Gladstone and many other cities, is that the sign must set back the same number of feet as the height of the sign. Ming Auto Beauty Center’s existing sign is 24 feet in height and there is a 24-foot setback. What is proposed is to start from the farthest east leg and work west, which is back into the parking lot away from the traffic zone. Mr. Bandy explained the reason the height variance is required is because if a van or any vehicle is parked, as shown in Figure #3 included in the Council’s packet, on the property adjacent to the sign, the vehicle obscures the vision of the sign and it also blocks the vision of the traffic coming out of the parking lot. It is Mr. Bandy’s suggestion to move the sign back far enough, and adjust the height of the sign, so that it is above the height of a mini van, which is about six feet tall. Mr. Bandy remarked if Council approves the first design, there would be visibility through the base of the sign. At the face of the sign, the bottom panels of the visible copy would begin at 6 feet 6 inches going up to 12 feet 6 inches as a total maximum height. The setback would be the same as a 24-foot sign.
There was no one who wished to speak in Favor or in Opposition to this proposal.
There were no further comments and Mayor Smith closed the Public Hearing.
Mayor Pro Tem Wayne Beer moved to approve the requested variance from the Sign Code with the following modifications: staff and applicant would be allowed some flexibility in making a choice of either a true monument sign to be installed with a setback as necessary to preserve proper and safe sight triangle or to permit the 12 foot 6 inches sign with a setback of 12 foot 6 inches. Either sign as proposed would be acceptable.
Mayor Smith asked for clarification, if Councilman Beer’s motion meant that either sign, for which there are drawings of in Council’s packet, would be acceptable.
Councilman Beer replied that was correct, either sign is acceptable with a 12 foot 6 inches setback, or a monument sign set back at such a position as to preserve a proper and safe sight triangle for egressing traffic.
Councilman Joe Evans seconded the motion.
Councilman Evans mentioned there are two different listings, a modified pylon sign and a modified monument sign, and asked for clarification of the motion.
Councilman Beer stated the intent of his motion was to permit either of the two signs with a 12 foot 6 inches setback.
Councilman Evans stated he is trying to get clarification as the agenda lists consideration of a sign variance to allow construction of a modified pylon sign, yet in the memorandum included in City Council’s packet, the sign is called a modified monument sign. Mr. Evans asked if there is a difference.
Mr. Wingerson replied no, it is just terminology. Mr. Wingerson continued by saying, if he understood Councilman Beer’s motion correctly, it would be a true monument set back to preserve safe sight or either one of the signs proposed in Council’s packet set back 12 feet 6 inches.
Councilman Beer replied, that is correct.
Mr. Wingerson commented that both of those options would be allowed under the Sign Code, so the variance would not be necessary.
Councilman Beer, for clarification, stated that, in fact, his motion would not be necessary.
Mr. Wingerson concurred that is correct, and in fact Mr. Brandy and Mr. Wingerson were just speaking and Mr. Brandy believes he can work with either option.
Councilman Beer withdrew his motion and Councilman Evans withdrew his second to the motion.
Mayor Smith asked Council members if they had a preference as to the style of the sign, if the applicant chooses one of the signs shown in the Council’s packet.
Council members had no preference.
Mayor Smith asked if there was direction needed from Council.
City Manager Davis replied given the commitment with which the applicant has agreed, and the direction from City Council, Staff will move forward.
Item 11. on the Agenda. PUBLIC HEARING for consideration of a Special Use Permit subject to certain conditions to Gladys Morrison for operation of a Massage Facility on property at 7513 North Highland. Applicant: Gladys Morison. Owner: Janice and Darrell Parrish. (File #1193)
Mayor Smith opened the Public Hearing and explained the hearing process that City Staff will make their presentation, followed by the presentation by the Applicant, and finally comments from those in Favor and those Opposed.
Staff Presentation: Assistant City Manager Scott Wingerson stated the applicant has requested a Special Use Permit to allow the operation of a massage facility from the home at 7513 North Highland. The Planning Commission is recommending approval under a series of conditions as found on the draft bill. The conditions include the proposed hours of operation, which are Monday, 9:00 AM to 12:00 PM and 1:00 PM to 6:00 PM; Tuesday, 1:00 PM to 6:00 PM; Thursday, 1:00 PM to 6:00 PM; Friday, 9:00 AM to 12:00 PM, and 1:00 PM to 4:00 PM; and Saturday, 9:00 AM to 12:00 PM.
Mr. Wingerson continued by saying the term of the Special Use Permit recommended by the Planning Commission is one year, with an effective date of October 1, 2003. The request is limited to 14 clients per week, and the remaining conditions are very similar to past Special Use Permit applications City Council has seen in the past.
Applicant: Mike Keleher began by saying he represents the applicant in this proceeding. Mr. Keleher’s office is located at 403 NW Englewood Road. Mr. Keleher presented two exhibits to City Council members. The first exhibit was a brochure containing a number of letters from clients and other professionals who can attest to the benefits they have achieved from the services Ms. Morrison plans to render from this location. The second Exhibit was the report of area realtor and appraiser Rodney Holland, addressing the lack of any adverse effect on the property value and surrounding property values as a result of this activity.
Mr. Keleher continued by saying he would like to point out that there are listed in his report a number of other Special Use Permits that exist in this particular neighborhood. Mr. Keleher pointed out that the applicant accepts all the conditions that have been recommended by the Planning Commission, and he stated he wished to emphasize two of the perhaps most important conditions; one condition being the stipulation of a one year term for this Special Use Permit, if granted. The applicant feels in this time period, she will be able to prove to the neighbors that she will be a good neighbor in all respects. A second condition is the limitation of the number of patients that may be treated by Ms. Morrison to fourteen. In Mr. Keleher’s research of traffic information, this number of visits by patients will generate less traffic at Ms. Morrison’s residence than any other single family residence in the neighborhood, given the fact that Ms. Morrison is a single individual and has no other person residing with her.
Mr. Keleher remarked that another important point of concern they wished to address, as his client respects the concerns of her neighbors, is the petition signed by the number of residents opposing her application. Mr. Keleher spoke to two of the people that signed the petition, and both of them advised him that when they signed the petition, they were told the applicant was seeking to open a massage parlor. Mr. Keleher said that quite clearly most of us presented with those facts, would have signed the petition, as well. The two individuals with whom Mr. Keleher spoke, after learning the facts, indicated they did not oppose the application.
Mr. Keleher stated that with him this evening is the applicant, Ms. Morrison, Rodney Holland, and Kevin Snedden, who is with the Missouri State Licensing Board, who will talk about the strict standards applied to this profession. Mr. Keleher asked Ms. Morrison to step forward.
Ms. Morrison began by saying she has agreed to purchase the home at 7513 North Highland contingent upon receiving this Special Use Permit, so she may do therapeutic massage in her home. Ms. Morrison stated she spent over a year looking at homes particularly in Gladstone, but also in areas in Platte County. Ms. Morrison was looking for a home that was already situated so she would not have to do construction or make major changes in order to meet the State regulations for massage therapy. This particular residence does meet the qualifications, one being a separate area and having its own entrance separate from the home entrance. Additionally there is ample off-street parking, so there should be no need for a client to park on the street, as she is only able to work with one client at a time.
Ms. Morrison stated that Mr. Keleher mentioned traffic information, and both the City of Independence and Kansas City, Missouri use the publications published by the Institution of Transportation Engineers. In that publication, there is a chart called the Trip Generation Rate, which shows the average rate shown for the single detached family unit is ten trips per day or five round trips. Ms. Morrison mentioned that assuming there was any one day she had four appointments, that would be one trip short of the average of five trips. Other days would be scheduled well below the average trip generation rate.
Ms. Morrison said in addition, she will have a substantial investment in this property, therefore if she felt it was going to reduce property values of either this home or surrounding homes, she would not wish to purchase the property. In fact she has agreed to make several improvements to the property: to remove volunteer trees that are growing at the immediate front of the home; install a storm door at the entrance on the south side of the home entering the massage room; remove grass and weeds from the driveway; trim trees as needed or remove them as needed; clean the grass area at the back of the lot; remove all the lawn and leaf bags from the back area; spray for weeds in the lawn and edge all grass; fertilize and water the lawn, shrubs, and flowers; and clean and remove grass and weeds from the flower beds. In addition, Ms. Morrison remarked, where the garage has been enclosed, cedar was used, and the remainder of the home is brick. Ms. Morrison stated she plans to stain the cedar or hide it from view. Ms. Morrison plans to have these improvements completed by or before the spring of 2004. Depending on when she is allowed use of the property, she may be able to accomplish many of the improvements yet this fall.
Ms. Morrison commented that she currently works in North Kansas City at the Thyme Capsule Nutrition building at 2627 Burlington. There are two chiropractors in the building and a homeopathic and naturopathic doctor. Additionally, there is another massage therapist that works in the building. Ms. Morrison stated she has been working as a massage therapist for the last five and one half years, therefore her clientele is well established and she has no need to place signage at her residence. Ms. Morrison reported her clientele are referred to her by doctors and word of mouth, and her work hours do not include evening hours as she finishes at 6:00 PM. Ms. Morris continued by saying that about 95 percent of her clients are scheduled for one and one half hour appointments. Occasionally she works up to two hours or longer if needed. The remaining five percent are scheduled for 30 minute massages. Ms. Morrison explained that 30 minute massages are generally for children, and parents are always invited to be present during massages for children. Other 30 minute massages are for people with specific problems, such as a knee, hip, or carpal tunnel and so forth.
Ms. Morrison stated she is available during the noted work hours to take appointments for 27 hours per week. However, she does not book the full 27 hours, because she has client records she must keep, similar to a chiropractor or doctor. Additionally, she has preparations she must do between clients, such as changing the linens and some cleaning and so forth. Ms. Morrison remarked that even though she does not intend to work the full 27 hours, those are the hours she is available to take appointments. Over the past year, she has averaged 10 massages per week, and she can make a living doing 10 to 12 massages per week. Ms. Morrison reported her clientele includes adults and children, and her purpose is to provide comfort and reduce pain. Ms. Morrison said she has worked on people with Cancer, Multiple Sclerosis, Lymph Edema, Fibormyalga, migraine headaches, arthritis, pain from accidents, and people with degenerative disk disease.
James Rodney Holland, 6 NE 53 Terrace, stated he has been a real estate appraiser since 1974 and a real estate broker since 1970. Mr. Holland commented that he works predominantly in Clay County, however he also works in Platte, Jackson, Clinton, and Ray Counties. Mr. Holland explained his report is relatively short. He was asked to address a single problem or concern, which is the possibility of diminution in value as a result of the proposed operation in this residence. Mr. Holland reported that assignment is relatively easy, as when looking for diminution in residences, a reason for diminution is researched. The reason can the placement of a commercial sign, the modification of the property to accommodate some special commercial operation; for example remove all the grass, and concrete the front yard. There are no proposals from Ms. Morrison to make any changes to the property. The property is going to be used exactly as it sits.
Mr. Holland stated he likens Ms. Morrison’s operation to that of a music teacher, many of whom operate in Gladstone, and do not have Special Use Permits, because they have not modified their property. Such operations do not have signage, no special parking requirements, generate no special noise, have no noxious odors, and they do not increase a threat to the neighborhood by any other peril, so there is no reason from a broker’s standpoint or from an appraiser’s standpoint to see diminution in value as a result of the proposal before you. Mr. Holland explained the report sites many operations that are already in the neighborhood, such as child care facilities, beauty shop operations, and so forth. Mr. Holland reported he sees no diminution in value to those neighbors nor does he see any here.
Mr. Keleher stated that Mr. Kevin Snedden had planned to be at this meeting. He had a meeting in Kearney at 6:30 PM, and thought he could be here at this time. Mr. Keleher remarked apparently he is unable to attend, but some points he wished to make were that this profession is regulated as a health care profession, and before one massage can occur in this house, the State has to inspect it and approve it. Furthermore, if there is ever any complaint about any activity associated with massage on this property, it will be immediately investigated, and if any violation is found, the license will be revoked. Mr. Keleher stated this concluded the testimony for the applicant.
Comments from those in Favor of the Application:
Beth McClure, 5620 North Poplar Drive, stated she has known Gladys Morrison for approximately two years. During that time Ms. McClure has been a patient of Ms. Morrison, and has received relief from arthritis pain in her hips. Without this treatment, Ms. McClure stated she did not feel she would be able to move about as she does today. Ms. McClure stated she has referred many friends to Ms. Morrison, which she believes is the greatest compliment that can be given to someone. All her friends have raved about the healing power of Ms. Morrison. Ms. McClure remarked that she felt Ms. Morrison would be a great neighbor, and she has found Ms. Morrison to always be very professional.
Deborah Katch, stated she is a nurse practitioner who works for the Federal Government, and is also a licensed massage practitioner in the state of Washington and the state of Missouri. Ms. Katch remarked that she met Ms. Morrison at some classes they took together and they worked together. Ms. Katch is also a client of Ms. Morrison, and as a nurse practitioner, Ms. Katch is very aware of the drugs that may be prescribed for pain relief, and she is also aware that they don’t work after a time. Ms. Katch continued by saying she knows Ms. Morrison is a professional, and she feels Ms. Morrison and her clients would be an asset to the area.
Comments from those Opposed to the Application:
Barbara Taylor, 7503 North Highland, commented that she joined the Planning Commission in a site tour of this application, and noticed there was only one bathroom in the house, which was in the far end of the house. Ms. Tayor asked if that is agreeable for a business in a home, or does there have to have more than one bathroom. Ms. Taylor remarked that the driveway to the backyard is narrow, but it is passable. When Ms. Taylor looked at the garage at the back of the house, she thought what a wonderful place for a business. This is a ranch style home with a garage that has been changed into an office, with an exit onto the driveway, and right behind it is a glassed in room that would make a wonderful reception area.
Ms. Taylor continued by saying the garage could accommodate many therapy rooms. Ms. Taylor stated she wondered if somewhere down the road, if this is passed, and Ms. Morrison is allowed to have a Special Use Permit, can she keep coming back to City Council, enlarging, bringing more customers into her home, adding more offices and maybe more people to work in the house. Ms. Taylor commented she feels this is a valid concern, and also she is not too sure a business in the neighborhood is the way to go, and furthermore she understands the issuance of an Occupation License to work in an office or business. Ms. Taylor mentioned she has lived in her house since 1972, so she is a long time resident, and most of the people in her neighborhood have lived there between 20 and 47 years. The neighbors are not just complaining because they have nothing better to do. They have looked at it and decided that they really do not want a business in their neighborhood.
Ms. Taylor commented that the thought of a Massage Parlor or Massage Therapy was really not the issue, it was a letter she received that said Ms. Morrison was purchasing the home at 7513 North Highland, contingent on being approved for a Special Use Permit, which Ms. Taylor felt indicated Ms. Morrison does not care about the neighborhood, she just wants to start a business. Ms. Taylor remarked that this home has the potential for a good size business, and that is her main concern, and although she realizes this is a valid business, it should be in a commercial setting. Ms. Taylor noted that none of the people that came to the meeting to praise Ms. Morrison are from Gladstone. Ms. Taylor continued by saying she has the feeling that people might think the neighborhood might be in decline, and she does not feel it is. It is a viable neighborhood, with many young people moving in when homes go up for sale, and older couples look for homes in her area due to the ranch style homes. Most of the homes sell in about 30 days. Ms. Taylor concluded by saying she wishes the neighborhood to remain residential.
Mayor Les Smith commented that as Ms. Taylor had a couple of specific questions, he would like to address them. Relative to anyone else working at the property, that is one of the stated conditions in the bill, that Ms. Morrison is the only person who could work at the location.
Ms. Taylor asked if Ms. Morrison could come back a year from now and say she wants three or four people to begin working with her.
Mayor Smith stated he would ask the City’s Counselor to give his legal opinion on this, but would like to address her other question as far as physical expansion of the property for a business. That issue is covered as a condition in the proposed bill, which would not allow expansion under this Special Use Permit. Mayor Smith asked City Counselor David Ramsay to explain the process that would be required for Ms. Morrison to alter the conditions of this Special Use Permit.
City Counselor David Ramsay replied that Ms. Morrison would be required a year from now to apply either for an extension of the permit or she could ask for it to be expanded. The basis for that decision would be primarily based on the experience of the first year. Mr. Ramsay stated that currently Gladstone’s occupation ordinance does not allow additional employees who are not family members, so while there are a number of home based businesses, those businesses are restricted to be operated only by members of a single family and other employees are not allowed to be working in the home. Mr. Ramsay continued by saying unless that ordinance is amended in the future, at this time there is the prohibition of additional employees and that would be in effect for Ms. Morrison.
Mayor Smith remarked that obviously this City Council cannot commit to what future City Councils might do as far as the City’s home occupation ordinance, but it would require a change in the ordinance and another hearing for a change in her Special Use Permit.
Ms. Taylor asked if the most Ms. Morrison could do every year is just request a renewal of her Special Use Permit for the same hours.
Mayor Smith replied, Ms. Morrison could request whatever she wishes, but if there are problems with the property or business, it will be difficult for her to renew her Special Use Permit. Mayor Smith continued by saying it is customary to approve a first permit for a year, and then if all goes well the permit may be expanded for three to five years. There would be an opportunity for the neighborhood to address the application at that time, as well.
Ms. Taylor stated she felt that approval of this Special Use Permit may set a precedent, and suppose Ms. Morrison decides she wishes to sell the house at a later date, would she be able to say she had a business in this house and this is an ideal place for a business and that would be a selling point for the house.
Mayor Smith replied that the Special Use Permit would terminate if she sold her house, and she could sell the house, but another person would have to apply for a Special Use Permit to conduct a business in the home. Mayor Smith then asked for an answer to the question in regarding the bathroom.
Ms. Gladys Morrison replied that the house does have a full bathroom and a half bathroom. The half bathroom is right off the small bedroom and the family room, which meets the requirements of the State.
Mayor Smith asked if there was anyone else who wished to speak in opposition. There being none, Mayor Smith asked for anyone present who is opposed to this application to please raise their hands.
Note: There were six people who raised their hands.
Jean Soligo, 7502 North Highland, commented that no one is arguing with the right of Ms. Morrison to provide this service or the value of her service, and she did not think that anyone who signed the petition visualized a massage parlor, rather everyone envisioned a business in a residential neighborhood. This neighborhood is occupied by people who have lived there for years and years. Ms. Soligo stated she did not know why so much time was spent defending the profession and Ms. Morrison’s character. No one argues with the profession or her character, the neighbors are just concerned that Ms. Morrison wishes to move into their neighborhood to open a business, not to be a residential neighbor. Ms. Soligo remarked that Ms. Morrison could open a business wherever she chooses; it does not need to be in their neighborhood.
Councilman Carol Rudi stated she understood there would be only 14 clients per week, and asked Mr. Wingerson if that was per ordinance or is it a Staff recommendation.
Mr. Wingerson replied all of the above. It was intended to have 14 clients per week as a condition in the bill before City Council, tonight, and it is not. Mr. Wingerson asked that in any motion on the bill tonight, that the limitation of 14 clients be included.
Councilman Rudi asked if the improvements that Ms. Morrison mentioned she was willing to make may be included as a requirement in the bill.
Mr. Wingerson replied they may be included in the bill. The Planning Commission had this same discussion and concluded that because the term of the Special Use Permit is so relatively short with one year, and if those improvements were not completed within one year, it would be difficult to obtain the renewal of the Special Use Permit at the end of the proposed term, however, they can be added to the bill. The Planning Commission in their discussion opted not to add them to the proposed bill.
Councilman Joe Evans stated he had a question regarding the State Regulatory Board of Licensing. How does the City work with the Regulatory Board, and what is the interaction between City and State.
Mr. Wingerson replied that generally the interaction is pretty good, but there are separate and concurrent processes. The State has a licensing procedure for the operation of a business, and concurrent with that, the City has requirements for minimum safety and egress. The Fire Marshall would inspect the property and make a list of any corrections and reinspect at the end of those corrections. Mr. Wingerson continued by saying that should any correction of the Fire Marshall and State be in conflict, then the Fire Marshall and State would work that out for the safety of the clients and occupants.
Mayor Pro Tem Wayne Beer asked if there is a known count of other Special Use Permits in the neighborhood and if there is such a count, what the nature of business of those Special Use Permits.
Mr. Wingerson responded by saying it depends on the definition of neighborhood, but Mr. Holland’s report included in City Council’s packet indicates about six home occupations in the general area. They include a day care, carpet steam cleaning, hair salon, and a beauty shop generally in the middle of Gladstone. Mr. Wingerson said he did not have an actual count, but Mr. Holland’s report mentions several Special Use Permits.
Mayor Pro Tem Wayne Beer asked, based on Mr. Wingerson’s or any other Staff member’s experience in Gladstone, is there any way to estimate how many non-compliant home occupations there might be in the area.
Mr. Wingerson replied there are two types of home occupations. One kind of home occupation, like we are dealing with tonight, involves a service that is provided from the home that includes traffic and services that are provided at the home. There are hundreds of Occupational Licenses that are issued to home based businesses that meet a very strict criteria and provide goods or services outside of the home. Contractors and equipment sales people are good examples of this second type. They travel to a location to provide their good or service, and simply keep the books at the home. In Gladstone, there are hundreds of these types of home occupations and there are about 75 of the Special Use Permit type Home Occupation Licenses. Mr. Wingerson commented that he could not give a number as to how many home occupations are not licensed, but there are a lot that are licensed.
Councilman Rudi asked Ms. Morrison if she understood that if this Special Use Permit is approved, it is for one year, and then she would have to go through the process again, and if there are complaints, there is the likelihood the Special Use Permit would not be renewed.
Ms. Morrison replied she did understand that, and commented that Kevin Snedden from the State Licensing Board explained to the Planning Commission that if there is even one complaint, the State would investigate. It is not like they have to wait for six different occurrences or more than one occurrence. The investigation might be someone who would come undercover, or they might come directly to the door. Ms. Morrison stated if she were not confident that she could be a good neighbor and improve the property, she would not invest the money if she thought her livelihood would be taken away from her in a year. Mrs. Morrison remarked that the property is currently rental property and the lease will be up the first of September. The property has deteriorated over the year since she first looked at it.
Councilman Rudi asked Ms. Morrison if she would have any objection to the list of improvements being added to the bill.
Ms. Morrison replied, not at all.
Jean Soligo stated she did not know how a business in a residential neighborhood could be good for Gladstone. She realizes that Ms. Morrison is in a business in North Kansas City, and evidently that is working for her, which is wonderful, but Ms. Soligo asked how could this business be good for Gladstone in a residential neighborhood. Ms. Soligo mentioned she is curious as to the locations of beauty shops, as in her neighborhood, there are no businesses.
Mayor Smith replied that Ms. Soligo asked a good question for which he does not have a good answer. Mayor Smith stated he would state his position in just a few minutes, but in fact Special Use Permits do allow people in Gladstone who own businesses and provide services an opportunity to do so. Mayor Smith commented that Ms. Soligo’s question is a rhetorical one, and he does understand what she is asking, and he personally believes the integrity of the neighborhoods should be protected at all costs.
Mr. Keleher stated he feels it serves the interest of Gladstone to take a property that is borderline blighted at the present time and turn it into a very nice residential property, in which the activity that is being asked to approve will be virtually unnoticeable.
Clara Mullix, stated she and her husband have lived in Gladstone for 30 years, and if a business is in her neighborhood, strangers will be brought into the neighborhood. Ms. Mullix stated she felt strangers are not needed in the neighborhood where the neighbors are raising their families, and it is very important not to put businesses in her neighborhood. Ms. Mullix commented that she does not know where Mr. Holland is saying all the businesses are in their neighborhood.
There being no further comments, Mayor Smith closed the Public Hearing.
Item 10a. on the Agenda. FIRST READING BILL 03-24, granting a Special Use
Permit subject to certain conditions to Gladys Morrison for operation of a Massage Facility on property at 7513 North Highland.
Mayor Pro Tem Wayne Beer asked the City Counselor for guidance, if one were to place this bill on First Reading for approval, how to make that motion and include the proposed amendments in the bill, those being the limitation of 14 clients per week and the improvements the applicant has proposed.
City Counselor David Ramsay suggested the motion could simply be made to adopt the bill as proposed by City staff, with the addition of the conditions you are suggesting.
Mayor Les Smith suggested a motion could be made to approve the reading of the bill to include the additional conditions, and state the conditions, and that should be sufficient.
Mayor Pro Tem Wayne Beer moved to place Bill 03-24 on First Reading with the addition of the two following conditions: to limit the number of patients to 14 per week, and to specify the improvements as were identified by the applicant in her presentation as follows: remove volunteer trees that are growing at the immediate front of the home; install a storm door at the entrance on the south side of the home entering the massage room; remove grass and weeds from the driveway; trim trees as needed or remove them as needed; clean the grass area at the back of the lot; remove all the lawn and leaf bags from the back area; spray for weeds in the lawn and edge all grass; fertilize and water the lawn, shrubs, and flowers; and clean and remove grass and weeds from the flower beds, and stain or cover the cedar installed where the enclosed single car garage is to be used for the massage area.
Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0) The Clerk read the Bill.
Mayor Pro Tem Wayne Beer moved to accept the First Reading of Bill 03-24, Waive the Rule and place the Bill on Second and Final Reading as amended in the first reading. Councilman Carol Rudi seconded.
Councilman Rudi stated this is probably the hardest thing she has had to do since she has been here, and when she first heard this proposal she thought this belongs in a business and not in a home. However, the more she learned at the Planning Commission meetings and listened to information such as the number of trips generated by this business compared to the number of trips generated by an average household, and also in doing a little bit of investigation into massage therapists in general, she found that it is not unusual for massage therapists to work out of a home instead of an established business location. Councilman Rudi’s understanding is that at one time there was a beauty shop in this residence that was not licensed to be there, and that did not generate problems for the neighborhood, as there were no complaints to the City. The City did not know of the business to request that it be licensed.
Councilman Rudi continued by saying she feels Ms. Morrison’s business will generate fewer cars than a beauty shop. Councilman Rudi mentioned that in the past there was a Special Use Permit that came before the Planning Commission and the City Council that was very much opposed by all the neighbors, and it took a long time to go through the hearings due to the number of neighbors who did oppose it. When the permit came up for renewal a year later, there was no one to speak in opposition, and when that Special Use Permit came up again after a period of time to be renewed, at least one of the neighbors was present to speak in favor of having the applicant as a neighbor. Councilman Rudi commented she hopes it will be the same with this situation, and she will be voting in favor of this application, although it is difficult to do, as she understands the concerns of the neighbors. Councilman Rudi continued by saying that she thinks and hopes that Ms. Morrison will be a very good neighbor and the neighbors will be glad that she is there next year.
Mayor Pro Tem Wayne Beer stated that when he first heard of the application for the Massage Therapy, what went through his mind was quite frankly a massage parlor, and he felt that would not happen. Councilman Beer remarked that he was also present at the Planning Commission meetings, and learned a lot and he felt he learned a lot at this meeting. Councilman Beer continued by saying this type of business is a low traffic generator and we know by established criteria there is likely to be significantly less traffic generated than a normal family generates. The home as it stands now is in a state of disrepair to the point of very near blight, and the proposed improvements the applicant has mentioned would only be of benefit to the community.
Councilman Beer commented that the clientele is significantly different than other Special Use Permits, which we have many of, such as the day care centers, which generate a significant amount of traffic, certainly more than in this case. In each of the cases of the day care centers, when it came time for the renewal of the Special Use Permit, Councilman Beer remarked, he could not remember any incidence in his 12 years as a Planning Commissioner or his two years on City Council, where there were any complaints at the time of renewal. Councilman Beer stated he understands this business will generate no odors and certainly no hazardous materials, and is State regulated with a State permitted process that very much parallels our own regulations and permitting processes. Councilman Beer expressed his confidence that if there are complaints in violation of the conditions of either State or City approval, that the business would be either severely reprimanded or go away.
Councilman Beer continued by saying we live in a very different time than we used to, where home businesses are becoming much more common. The business climate is much different than it used to be for a number of reasons, one of which is our unemployment issue, which has forced a lot of businesses to move to their homes, or because of the types of businesses, the employees are dispatched by the business to their homes to do the business. Councilman Beer stated that it seems to be a trend in business to decentralize and businesses are reducing their overhead and expenses in such ways, and we are going to see more of this in the future. Councilman Beer said that given all the reasons he has stated, his vote will be in favor of this Special Use Permit.
Councilman Joe Evans stated he questions the purchase of the home being contingent on the Special Use Permit, as well as the items that were added to the list of conditions are routine maintenance that any responsible home owner would make in maintaining the value of the home. Councilman Evans continued by saying he feels this type of business belongs in a commercial property, therefore he will be voting against this application.
Mayor Smith began by saying he believed that the applicant made a very good presentation and made very valid points. Mayor Smith said he believed that, based on the testimony and exhibits given to Council, that Ms. Morrison obviously is very professional well thought of, and would operate in the facility in a manner that he believes the homeowners in the surrounding area would come back a year from now and either support or have no objections. Mayor Smith continued by saying that to him approval of Special Use Permits in residential areas is very simple, if they make sense, they look good, and they can operate well, then it is not an issue, and making improvements to the property is very valid and a good reason for approval, except if the neighborhood is opposed to it.
Mayor Smith stated what we are talking about is a residential area. If there are no objections from the neighbors in the residential area, then he feels the applicant should be given an opportunity to prove himself. If the neighborhood is opposed to the Special Use Permit, it is still a residential area, and Mayor Smith said he cannot support the Special Use Permit, and he has been consistent with this since 1982, when he first served on the Planning Commission, as well as during the three or four more terms on the Planning Commission and another term on City Council. Mayor Smith said he is willing to support Special Use Permits in a residential area, if the neighbors have no objections, if the neighbors are opposed to it, he has always voted against them, and will be doing so again. Mayor Smith remarked as it appeared there might be a split vote, and although it is not required, he asked the City Clerk to call a roll call vote.
Roll Call Vote: “aye” – Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer. “Nay” - Councilman Joe Evans, Mayor Les Smith. (3-2).
Mayor Smith stated, as a technical point, although Bill 03-24 has passed on a 3 to 2 vote, our statues require that to give a bill more than one reading at any one City Council meeting, requires a unanimous vote of the City Council, therefore the second reading will be placed on the next City Council agenda. Mayor Smith continued by saying this bill cannot go any further this evening, but it is still alive, and invited everyone back to the next City Council meeting, although there will be no public testimony regarding this bill at that time.
Mayor Les Smith announced a five-minute break in the City Council meeting.
Item 12. on the Agenda. RESOLUTION NO. R-03-53, authorizing the City Manager to execute an agreement for depository and banking services for the City of Gladstone, Missouri with United Missouri Bank.
Councilman Bill Cross moved to approve RESOLUTION NO. R-03-53, authorizing the City Manager to execute an agreement for depository and banking services for the City of Gladstone, Missouri with United Missouri Bank. Councilman Carol Rudi seconded.
Councilman Joe Evans began by saying he knew that there was an extensive review of the proposals of this issue, narrowing it down to the finalists, First Bank of Missouri and United Missouri Bank. Councilman Evans commented these two bids were very close with a difference in cost of only $335.50. Councilman Evans continued by saying that he requested information regarding community involvement from First Bank of Missouri, and read a list of some of First Bank of Missouri’s involvements with the City of Gladstone as follows: contributed $25,000 to Gladstone’s Streetscape, and hosted Gladstone Area Chamber of Commerce After Hours at the bank for a cost of totaling $1,000. In 1999, First Bank of Missouri contributed $475 to Theatre in the Park Golf Tournament; contributed $300 to the Scarecrow 5K Walk/Run; contributed $750 to the Gladstone Economic Betterment Council/Neighbors Helping Neighbors; contributed $500 to the Northland Christmas Store; and contributed $100 to the Mayor’s Christmas Tree.
Councilman Evans continued by saying in the year 2000, First Bank of Missouri contributed $400 to the Theatre in the Park Golf Tournament; contributed $1,000 to the Gladstone Economic Betterment Council; and contributed $390 to Theatre in the Park. In 2001, First Bank of Missouri contributed $500 to the Northland Christmas Store; contributed $100 to the Mayor’s Christmas Tree; and contributed $100 to Theatre in the Park. In 2002, First Bank of Missouri was a Theatre in the Park golf sponsor for $100; contributed $500 to the Amphitheatre Fund; $3,450 to the Gladstone Economic Betterment Council/Gladstone’s 50th Anniversary; contributed $250 to the Northland Christmas Store; and contributed $100 to the Mayor’s Christmas Tree. In 2003, First Bank of Missouri contributed $150 to Theatre in the Park.
Councilman Evans reported that every year First Bank of Missouri has sponsored the Gladstone Area Chamber of Commerce Golf Tournament in the amount of $1,700, and in addition, First Bank of Missouri provided an office in the bank for the Gladstone Area Chamber of Commerce at no charge.
Councilman Evans stated he believed First Bank of Missouri has done their part for the City of Gladstone, and he would like that to be taken into consideration by City Council in selecting First Bank of Missouri as the banking services vendor for the City of Gladstone.
Councilman Carol Rudi asked if the same list was requested from United Missouri Bank.
Councilman Evans, replied yes, but he received no calls back.
Mayor Pro Tem Wayne Beer remarked that he did not go to the two banks, but he did go to the Gladstone Area Chamber of Commerce, received information from the Gladstone Parks and Recreation Department, and visited with a representative of the Gladstone Economic Betterment Council. The information Councilman Beer has only goes back two years. In those two years, the banks have been head to head on their contributions to the community, and so although his information does not show the long term commitment, in recent history, their two contributions have been close together. Councilman Beer stated he has not seen any compelling evidence that United Missouri Bank has not done anything to not earn the right to retain the contract for banking services.
Mayor Smith asked City Manager Kirk Davis if the $335.00 difference in the net bid is based on an annual basis.
City Manager Kirk Davis replied, that is correct, it is based on an annual basis.
Mayor Smith asked when the contract expired three years ago, as he understands it, First Bank of Missouri did not have the technology in place to provide the services outlined in the City’s Request for Services.
City Manager Davis agreed that is correct.
Mayor Smith asked if they now have the technology in place.
City Manager Davis replied the recommendation from the consultant indicated that both of the banks could provide all the technological services the City requires.
Mayor Smith asked what the estimated direct costs would be to change banking services.
City Manager Davis replied that he does not have a definite number, but he would guess from $1,000 to $1,600 to change banking services.
Finance Director Cash Sweiven agreed with that number.
Mayor Smith asked if the number would include Staff time.
Director Sweiven replied, yes.
Mayor Smith asked if changing banking services would be a huge burden to Staff.
Director Sweiven replied, no, for three staff members, it would take approximately 30 to 40 hours over a three to four week time period. Mainly the staff time has to do with the ACH (Automated Clearing House) accounts the City has, and the changing over of mostly water accounts. There are stamps that would need to be bought and bank bags, and so forth.
Mayor Smith stated as he recalled, there was language written into the most recent banking services agreement relative to participation in the community.
Director Sweiven replied he had a report dated September 7, 2000 to share with Council from the Banking Services Committee of 2000, which reads: “United Missouri Bank has communicated it understands community involvement builds a strong community and is a civic responsibility of any financial institution. Information provided by United Missouri Bank shows the employees who would be servicing the City of Gladstone are currently involved in lower profile community activities, such as membership in the Gladstone Area Chamber of Commerce, volunteering for Bluesfest, Gladfest, participation in North Kansas City School District programs, helping families in Clay County, and also United Missouri Bank actively participates in State and Municipal organizations, such as Missouri Municipal League and Missouri Government Finance Officers Association. United Missouri Bank has stated they will maintain their current level of civic involvement and intends to enhance their participation to more high profile activities within the Gladstone community”.
Director Sweiven reported the stance of the Banking Services Committee, from three years ago, was that they knew United Missouri Bank was involved at a lower level, but they expected a higher level of involvement. Director Sweiven commented he did not know how to measure this, but believes that United Missouri Bank’s civic involvement is higher than three years ago.
Director Sweiven mentioned that in a letter from the Banking Services Committee Chairman to James Shevling of United Missouri Bank, it states that the Committee would like to stress that it feels that more can be done in supporting the City of Gladstone over the next three years. Director Sweiven commented that he does not feel that letter relates to what United Missouri Bank has or hasn’t done over the last three years, but the Committee indicated they thought there was some value to the fact that if you receive the City’s business once, that means something, but if you receive it twice, that means even more, and so while they appreciated what United Missouri Bank has done, they expect even more if United Missouri Bank was chosen again.
Mayor Smith asked if First Bank of Missouri ever had the City’s banking services in the past.
City Manager Davis replied, yes, for a number of years until 1991, when Commerce Bank received the award.
Mayor Smith asked if there were performance problems with First Bank of Missouri back then.
City Manager Davis replied he did not recall any big issues.
Mayor Smith stated he does not know the degree of community involvement of United Missouri Bank, but he knows of Mr. Shevling’s personal involvement, and more could not be asked of an individual than Mr. Shevling has offered. As a representative of the bank, Mr. Shevling has always provided assistance to the community, when he has been asked. However, he generally offers assistance without being asked.
Mayor Smith remarked he understands Councilman Evans remarks, and he agrees a little bit that First Bank of Missouri is the closest thing we have had to a hometown bank in Gladstone. Gladstone Bank, since its inception, has not just given money but also time to the community. They were not in a position to provide the services the City required three years ago, and now that they are, do they deserve some loyalty from us. Mayor Smith commented that United Missouri Bank, in his understanding, has done a great job in providing the services the City has required, and Mayor Smith understands both sides of the issue.
Councilman Bill Cross remarked that he remembers three years ago the decision by City Council to change banks, and it was brought to the City Council members’ attention the issue of involvement. Councilman Cross mentioned that facts and figures from First Bank of Missouri are accurate, and it makes it extremely difficult to make a decision, but as Mayor Smith mentioned, there is a very active group now from United Missouri Bank.
Mayor Pro Tem Wayne Beer stated he does his banking with First Bank of Missouri and has done so for 32 years, and in that time he has been satisfied with their services. There is truly a lot to be said with a hometown bank providing services to this City government, and he truly understands that. Councilman Beer commented, on the other hand, the City did commission a Banking Services Selection Committee, and one of the purposes in commissioning the committee was to remove politics from the process of selecting banks and banking services, and he would not like to think the City is delegitimizing our selection committee and the implications it could have in future committees. Councilman Beer commented that at the same time the City Council has the ultimate responsibility of making these decisions. Councilman Beer stated his decision still stands that United Missouri Bank has done nothing to suggest to City Council to eliminate them from a contract for banking services.
Mayor Smith stated there is a motion on the table to approve a contract with United Missouri Bank, and suggested to Councilman Evans that the way to conclude this issue would be if Councilman Evans would like to make a motion to amend Resolution R-03-53 to read First Bank of Missouri, and then Council may vote on that motion, and if it passes, then Council will vote on the resolution as amended, and if it does not pass, then Council will vote on the resolution as it reads, naming United Missouri Bank.
Councilman Joe Evans made a motion to amend Resolution R-03-53 and authorize the City Manager to execute an agreement for banking services for the City with First Bank of Missouri.
Mayor Smith seconded the motion, and asked the City Clerk to call a Roll Call vote.
Roll Call Vote: “aye” – Councilman Joe Evans, Mayor Les Smith. “Nay” - Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer. (2-3).
Mayor Smith stated the amendment has been defeated and there is now a motion on the table for Resolution R-03-53, authorizing the City Manager to execute an agreement for depository and banking services for the City of Gladstone, Missouri with United Missouri Bank, and asked if there was any further discussion. There being none, the vote was taken.
The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Item 13. on the Agenda. FIRST READING BILL 03-25, repealing certain provisions of Chapter 26 of the Gladstone City Code and enacting in lieu thereof new provisions clarifying the distinction between commercial and non-commercial activities and permit requirements in the regulation of Door-to-Door Solicitors and Peddlers.
Mayor Pro Tem Wayne Beer moved to place Bill 03-25 on First Reading. Councilman Bill Cross seconded.
Mayor Smith stated there was a great deal of discussion regarding this issue at the last City Council meeting, and there is a new proposed bill before City Council, tonight. Mayor Smith asked if City Council members would have any interest in giving this bill a First Reading only this evening and placing this on the next Council Meeting agenda as an Open Study Session item for discussion, so Council members will have the opportunity to ask any questions they might have.
Councilman Bill Cross and Mayor Pro Tem Wayne Beer agreed.
The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0) The Clerk read the Bill.
Mayor Smith stated this bill will be carried forward, and the second reading will be on the next City Council agenda and there will be a Study Session item on this issue.
Item 12. on the Agenda. OTHER BUSINESS.
There was no further business.
Item 13. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 14. on the Agenda. ADJOURNMENT.
There being no further business to come before the July 28, 2003, Gladstone City Council Meeting, Mayor Les Smith adjourned the Regular Meeting.
Mayor Pro Tem Wayne Beer moved to adjourn to Closed Executive Session in the City Manager’s office pursuant to Missouri Open Meeting Act Exemption 610.021 (2) for Real Estate Acquisition Discussion. Councilman Bill Cross seconded.
Roll Call Vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Cathy Swenson, City Clerk
Mayor Les Smith