CITY COUNCIL MEETING
MONDAY, December 1, 2003
PRESENT: Mayor Les Smith
Mayor Pro Tem Wayne Beer
Councilman Joe Evans
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
Mayor Les Smith opened the Regular December 1, 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 NOVEMBER 24, 2003 CITY COUNCIL MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular November 24, 2003 City Council Meeting Minutes as presented. Councilman Joe Evans 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. RESOLUTION NO. R-03-91, authorizing acceptance of work under contract with Kaw Valley Engineering for the NE 76th Street Reconstruction (Design) and authorizing final payment for Project 9814.
Councilman Bill Cross moved to accept RESOLUTION NO. R-03-91, authorizing acceptance of work under contract with Kaw Valley Engineering for the NE 76th Street Reconstruction (Design) and authorizing final payment for Project 9814. 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. APPROVAL OF A NEW CLASS “A” LIQUOR BY THE DRINK LICENSE FOR PRIME TIME, 6948 NORTH OAK TRAFFICWAY, FRANK GABEL, MANAGING OFFICER.
Councilman Bill Cross moved to approve a new Class “A” Liquor by the Drink License for Prime Time, 6948 North Oak Trafficway, Frank Gabel, Managing Officer. Councilman Joe Evans 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.
There were no communications from the audience.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Joe Evans had no comments at this time.
Councilman Bill Cross commented that the new signage the City has put up looks great. Councilman Cross noted the attendance was very good at the Gladstone Mayor’s Holiday Tree Lighting, and the event went very well. Bryan Busby mentioned in the 5:00 News that he enjoyed being a part of the Mayor’s Holiday Tree Lighting.
Mayor Pro Tem Wayne Beer had no comments at this time.
Mayor Les Smith thanked all who participated in the Mayor’s
Holiday Tree Lighting, which was a wonderful event. Mayor Smith asked City Manager Davis the
status of the right-of-way acquisitions for the
City Manager Kirk
Mayor Smith asked City Manager Davis if it would be correct to say the seven remaining residents could soon be holding up the project.
City Manager Davis replied that is correct.
Item 7a. on the Agenda. BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS.
Mayor Pro Tem Wayne Beer moved to approve the Board and Commission appointments effective January 1st, 2004, as listed, and read the following list:
PLANNING COMMISSION TERM EXPIRATION
Reappointment Mike Steffens December 2007
Mary Abbott December 2007
New Appointment Larry Whitton December 2007
CAPITAL IMPROVEMENTS PROGRAM COMMITTEE
Reappointment Don McLaughlin December 2006
BOARD OF ZONING ADJUSTMENT
New Appointment Jerry Menefee June 2008
Restructure of Positions: Lance Turner to Active Member June 2005
Staci Hagen to 1st Alternate June 2007
Jerry Connors to 2nd Alternate June 2004
UNIFORM CODES BOARD OF APPEALS
Reappointment Roger Buckner December 2006
Ken Christeson December 2006
PARKS AND RECREATION ADVISORY BOARD
Reappointment John Houlihan December 2006
Freddie Nichols December 2006
New Appointment Freshman Student Member October 2006
Emily Kraft – Oak Park High School
CABLE TV ADVISORY BOARD
Reappointment James P. Collier December 2006
Tim Robertson December 2006
New Appointment Larry Thrasher December 2004
RECYCLING AND SOLID WASTE COMMITTEE
Reappointment Mary Jo Payton December 2006
Robert Settich December 2006
New Appointment Burt Comstock December 2006
SISTER CITIES COMMISSION
Reappointment Jim Furlong December 2007
Teresa Metz December 2007
Erich Woitascyk December 2007
New Appointment Fred Franzen December 2005
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)
Mayor Smith made the following announcement of Chairmen of Boards and Commissions that are Mayor designates:
Reappointment Pete Hall Capital Improvements Program Committee
Reappointment Chuck Logan Code Board of Appeals
New Appointment Don Horton Recycling and Solid Waste Committee
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis wished everyone a happy holiday season.
Item 9. on the Agenda. CONTINUED PUBLIC HEARING : for consideration of a Special Use Permit subject to certain conditions to Toni Faust for operation of a Montessori School at 903 NE 76 Street. Applicant/Owner: Toni Faust. (File #1202).
Mayor Smith opened the Public Hearing, and announced the applicant has withdrawn their application due to the sale of the property.
Mayor Smith closed the Public Hearing.
Item 10. on the Agenda. PUBLIC HEARING: on a request to rezone from C-2 (Commercial) to CP-2 (Commercial-Planned) property located at 6320 North Oak Trafficway. Applicant: Mission River, LLC. Owner: Larry K. Myers and Connie S. Myers – Botwin Family Partners, L.P. (File No. 1209)
Mayor Smith opened the Public Hearing and explained the hearing process that City Staff will make their presentation, followed by a presentation by the Applicant and finally comments from those in Favor and those Opposed.
Scott Wingerson, Assistant City Manager, began by saying the applicant is requesting a zoning change from C-2 to CP-2, and also seeks a site plan approval for redevelopment of an existing retail center. The retail center is commonly known as the location of Smokehouse Barbeque and Dominic’s Pasta at 64th and North Oak. The proposed development proposes the demolition of a portion of the existing center, construction of a new Walgreen’s facility and renovation of the entire center. Mr. Wingerson stated he wished to draw attention to several conditions in the draft site plan ordinance as follows:
A true or modified monument sign shall be utilized to serve the development and an existing retaining wall shall be replaced or repaired.
A wood privacy fence will be utilized, buffering the neighborhood, as well as a decorative metal fence along 64th Street.
There are several closed ingress/egress points along North Oak, which are recommended to be permanently closed, with curb, gutter and sidewalk.
A stormwater escrow of $7,000 shall be provided prior to issuance of permits, as this is located at the top of a detention basin.
Mr. Wingerson stated Staff is recommending approval to the City Council and the Planning Commission also recommends approval by a 9-0 vote. Mr. Wingerson reported the applicant was present and would explain the overall development as well as changes suggested by the Planning Commission that are incorporated into the site plan.
Matt Werner, Architect for H.T. Paul Company, 201 S. Kansas Avenue, Topeka, Kansas, stated he was at the City Council meeting representing the applicant, Mission River, LLC., and the Walgreen Company. Mr. Werner reported Paul Licossi, the developer for the shopping center and his architect, Jeff DeGasperi and Leon Osborn, Kaw Valley Engineering, the engineer for the entire project were present at the meeting. Mr. Werner stated he was in agreement with all the conditions that Mr. Wingerson listed for this project, and he had with him a revised site plan with revisions recommended by the Planning Commission. Mr. Werner discussed the site plan, indicating parking areas, a drive-through pharmacy on the west side, and a green space area along North Oak Trafficway and 64th Street. The new entrance on 64th Street will be very close to where it is now. The Walgreen monument sign has been reduced from the originally proposed 15 foot sign to a 7 foot sign. Mr. Werner introduced Jeff DeGasperi, who would provide information regarding the upgrades proposed for the shopping center.
Jeff DeGasperi, began by saying some of the refurbishing to the existing center that are proposed are: the walls will be primarily brick with stone accents, there would be green metal awnings, the roofs will be refurbished to all the same color, and the landscaping will be addressed. Mr. DeGasperi continued by saying Dominic’s Pasta will also receive the same treatments with brick walls, stone accents, stone base, and the roof will be repainted the same as the other buildings.
Councilman Joe Evans asked if any improvements would be made to the rear of the building.
Mr. DeGasperi replied no building portions would be removed from the back side. The back sides will be cleaned and repainted, but no major improvements are planned for the backs of the buildings.
Councilman Carol Rudi asked if the green space now proposed meets with the Planning Commission recommendation.
Mr. Wingerson replied the Planning Commission requested the developer match the Walgreen’s green space further to the south all the way through the shopping center to create a consistent streetscape and implement some of the goals of the streetscape plan. The revision is consistent with what the Planning Commission has asked. Mr. Wingerson stated the second part of the Commission request was to provide 90 degree angle parking in the main parking field adjacent to North Oak, rather than angle parking. The thought being this would be more efficient and more user friendly compared to the existing configuration. The plan reflects this change.
Councilman Rudi asked if parking spaces would be lost due to the proposed green space.
Mr. Wingerson replied the existing configuration has more parking spaces than required by City codes. The Walgreen facility has more parking spaces than required by code, so overall the site is compliant with 90 degree parking, when added to the overall site.
Mr. Werner reported 13 parking spaces were lost with the reconfiguration in the front of the building, but with the overall total configuration, there will be more parking spaces than required by City code.
Mayor Smith asked if there was anyone to speak in favor or opposition of the proposal, or anyone who had any questions.
Larry Kotcher, representing the Thrift Store, asked how many entrances will be available while construction is taking place.
Mr. Werner replied the two entrances that exist now will always be available – there will be no change.
There being no further comments, Mayor Smith closed the Public Hearing.
Item 10a. on the Agenda. FIRST READING BILL 03-42, amending Ordinance No. 2.292 and being an ordinance relating to Zoning Ordinance Regulations and the establishment of Use Districts within the City of Gladstone, Missouri.
Mayor Pro Tem Wayne Beer moved to place Bill 03-42 on its first reading. Councilman Bill Cross 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 03-42, Waive the Rule and place the Bill on the Second and Final Reading. Councilman Bill Cross 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 Second and Final Reading of Bill 03-42 and enact the Bill as Ordinance 3.893. Councilman Bill Cross seconded.
Mayor Pro Tem Beer stated he attended the Planning Commission meeting when this proposal was presented and would like to reinforce that the Planning Commission did make recommendations and the developer has fully addressed those recommendations. Councilman Beer continued by saying he felt this is a project that will be of benefit to the particular corner where it is located and the area in general. Councilman Beer stated he would be voting in favor of this project, and this project should do well in providing services to the community.
Mayor Les Smith stated the demographics have changed in the west side of town and there is not a lot of service being provided to the residents in the west side. Mayor Smith stated the City has encouraged development and redevelopment on the west side, and he is pleased the developer is willing to made this investment in our community.
Roll Call Vote: All “aye” – Coucilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Item 10b. on the Agenda FIRST READING BILL 03-43, approving a Site Plan in conjunction with rezoning of property located at 6320 North Oak Trafficway.
Councilman Bill Cross moved to place Bill 03-43 on its First Reading. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Wayne Beer, Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the First Reading of Bill 03-43, Waive the Rule and place the Bill on Second and Final Reading. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Wayne Beer, Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the Second and Final Reading of Bill 03-43 and enact the Bill as Ordinance 3.894. 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)
Item 11. on the Agenda. PUBLIC HEARING on a request to rezone from R-1 (Residential) to CP2 (Commercial Planned) on property located at 2404 and 2412 NE 72nd Street. Applicant: Apex Management Systems, Incorporated. Owner: Shirley Lee Wethered, 2404 NE 72nd Street, and Gilbert and Harriet Chesterton, 2412 NE 72nd Street. (File No. 1210).
Mayor Smith opened the Public Hearing and immediately continued the Public Hearing to the Monday, January 12, 2004, City Council meeting, at the request of the applicant.
Mayor Smith called a five minute recess to allow the next applicant to set up for the following Public Hearing.
Item 12. on the Agenda. PUBLIC HEARING concerning the development plan submitted by WCP Gladstone Plaza, LLC. In response to the request by the City of Gladstone for qualifications and proposals for the development of the Gladstone Plaza Redevelopment area, generally located in the Northeast quadrant of North Oak Trafficway at NE 64th Street.
Mayor Smith opened the Public Hearing and explained the hearing process would be the same as announced earlier.
Assistant City Manager Scott Wingerson began by presenting to City Clerk Cathy Swenson the response to the Request for Proposals that was authorized by City Council, the legal notice for the Public Hearing for tonight’s Public Hearing, and a draft of the approved plan from Reveda that City Council approved approximately one month ago. Mr. Wingerson stated Richard Eisner, the developer was present at the meeting.
Mr. Wingerson stated a number of steps have led up to this point. First, in 1993, the City Council adopted the Comprehensive Plan that guides land use decisions for the City. In 1993, it indicated a need to look at Gladstone Plaza as a redevelopment opportunity. In 2001, the City Council adopted the North Oak Corridor Study that provided a clear focus as to the need to redevelop Gladstone Plaza. The project was seen as catalytic to the health and future of the entire North Oak corridor.
Mr. Wingerson continued by saying in May 2003, the City Council held public hearings and declared Gladstone Plaza and related property as blighted. That same night the City Council also passed an ordinance, which created a 353 Redevelopment Area, and required that redevelopment proposals be solicited. From that time through July and into October, Request for Proposals were published, issued, prepared, and submitted by area developers. In November 2003, the City Council approved a residential development that is known now as Reveda on the undeveloped property associated with Gladstone Plaza. At the last meeting, City Council amended the redevelopment area and removed the Reveda project from consideration.
Mr. Wingerson stated a Public Hearing is being held at this City Council meeting for the purpose of selecting a developer and to allow the City Manager to begin negotiations towards the development contract. Overall, the presentation being given tonight will include introductory comments by Staff, a review of the development proposal and a recommendation by the Zimmer Company, the proposed developer, who will make a presentation concerning the retail portion of the project. There will be brief closing comments, and finally, an opportunity for questions from City Council. Mr. Wingerson pointed out the presentation and plan are found in the notebook that was provided to City Council last week. The proposed plan meets the goal of the Comprehensive Plan, the North Oak Corridor Study and the Request for Proposal authorized by the City Council. The plan will evolve over time should City Council accept the recommendation, and it does provide significant new retail opportunities, improve vehicular circulation, pedestrian accommodation, enhance the landscaping, and provide sustainability over time. Mr. Wingerson introduced Dan Musser of Zimmer Company.
Dan Musser, Senior Vice President of Zimmer Real Estate Services, began by saying his company has been a consultant to the City of Gladstone to assist Staff in the selection of a re-developer for Gladstone Plaza. Mr. Musser stated there was a two-tier selection process that was begun by issuing approximately 70 Request for Qualifications to solicit interested developers. The list was put together from the experience of Zimmer Company and also included firms who had previously expressed interest in the project over the past couple of years, and who had expressed interest in similar projects Zimmer Company has been involved with in the Kansas City area. There were eight firms who expressed interest, and very detailed Request for Proposals were prepared with pertinent data for the potential developers. Mr. Musser stated there were many follow-up conversations with the original 70 firms and the final eight firms to try to determine questions and to have an understanding for their participation. The proposal of WCP Gladstone Plaza, LLC., was evaluated based upon the published criteria and selected for recommendation to City Council for approval as the re-developer of Gladstone Plaza.
Mr. Musser continued by saying during the process, WCP Gladstone Plaza, LLC. met several times with his company and City staff to provide more detail, to discuss the residential component that was originally a part of their proposal and then was removed from their proposal. The project they are proposing tonight is approximately 216,000 square feet with anchor and junior box tenants, which they will explain in more detail. Mr. Musser stated the existing pad sites for Rod’s Hallmark and the bank are proposed to remain in place. The site is planned to be integrated for both vehicular and pedestrian traffic, with the adjacent residential development. WCP Gladstone Plaza, LLC. is a partnership of JP Realty, Inc. and Walton Construction and includes Gould Evans Goodman Associates, LC as the design architect and Stinson Morrison Hecker, LLP as their law firm. Mr. Musser reported the development team has extensive experience in re-development of shopping centers, commercial, and other forms of similar projects, that include the Chouteau Crossing, The Crossroads of Independence, State Line Station, and a recently announced Blue Parkway Town Center in urban Kansas City, Missouri.
Mr. Musser stated with City Council’s approval this evening, the next steps will be City staff, with the assistance of Zimmer Company, finalizing the deal points and beginning the negotiation of the development agreement, including the re-developer’s financing plan, and coordinating their design plan with the adjacent housing development. The developer will immediately begin discussion with the property owner on acquisition and begin formal leasing activities upon designation. Mr. Musser concluded by saying based upon the fact that the project as proposed by WCP Gladstone Plaza, LLC. is the type of project the City of Gladstone, through the Request for Proposal process solicited, and based upon their experience in similar projects and existing tenant relationships, he recommends approval of WCP Gladstone Plaza, LLC. as the re-developer of Gladstone Plaza.
Mr. Musser introduced Dennis Thompson and Jeff Peterson from the development team.
Dennis Thompson, WCP Gladstone Plaza, LLC., stated he would be sharing a Power Point presentation and referred to a handout that was provided, which follows the presentation. Mr. Thompson stated due to the hour and the time allotted he would move directly to the heart of the development points.
Mr. Thompson stated the residential component of the proposed development process is no longer part of the team presentation and has been removed. The Power Point presentation will include current and future tenant interest, the financing plan source and use of funds, and finally a presentation summary. Mr. Thompson reported the goal for the presentation is to articulate their project vision, which is important to the plan for re-development and best use for the site. Another goal is to document the experience of their team. Mr. Thompson said his company is not learning at the City’s expense, and this team as designers, builders, and developers have worked previously together on other projects. It is their hope to build a sense of trust and cooperation from the development team to the City Council, the Mayor, and the end users in the City, through the planning and zoning group. Mr. Thompson stated he wished to express their sincere interest in becoming a team partner.
Mr. Thompson introduced Jeff Peterson, of JP Realty, Inc. and Rick Foster, Senior Vice President and Partner of Walton Construction Company, and reported Mr. Foster will be the builder responsible for getting this project done. Mr. Thompson stated there was also in attendance at the meeting Jeff Lewis of Gould Evans Goodman Architects and Paul Campa, who is representing the legal firm of Stinson Morrison Hecker, LLP. Mr. Thompson pointed out the project listing of the team’s experience. There are many projects on which the team has worked together successfully, one being the Zona Rosa Retail Village. Mr. Thompson invited the Mayor and City Council to visit this site for a personal tour to see the progress going on there.
Mr. Thompson continued by saying Walton Construction Company is known in the community for building projects that provide betterment to the community, such as the American Royal, Bartle Hall, retail offices, elementary school projects, and higher learning projects. Mr. Thompson said the team’s reputation is very well known and their reputation has been built on demanding projects with tough schedules and tough budgets, and they have those types of projects in their portfolio.
Beginning the Power Point presentation, Mr. Thompson discussed the project approach by first saying the most important phase is Phase I – the concept. Mr. Thompson said they understand this is a work in progress. His team has a concept, but they understand the City of Gladstone, the current tenants and prospective tenants have needs. Therefore, they will allow the project to evolve and try to accommodate the needs of the current users, the City, and any future tenants. Phase II will be the predevelopment phase, where after the initial concept is presented, the development team will go through the City’s planning and zoning regulations to follow the normal process. Phase III will be the development process of actually laying out the budgeting for the project, the schedule, when tenants will come on line, and when the phasing of all the buildings will be complete. Phase IV is the Construction phase. It is expected to be 12 months from start to finish for the construction. The Zona Rosa project is being built in record time of less than 12 months, and is a $70 million project. Phase V is a plan for operations, management and maintenance of the site.
Mr. Thompson continued by saying the proposed retail development is currently 216,000 square feet and will include appropriate vehicular circulation patterns, pedestrian bypass, natural buffers, and landscaping, making the site well improved. Mr. Thompson pointed out one retail area shown on a diagram, denoted as “Retail A”, was shown as 135,000 square feet. This area may be split if a “big box” tenant is not attracted who would take the entire area. There is a plan in place where this area may be turned and could be split to accommodate more than one tenant. Developers will be mindful there are residences behind the project, so the backs of buildings will not be built to the front of residents’ windows.
Mr. Thompson pointed out “Retail C” and “Retail D” shown on the diagram are planned as two separate buildings, but depending on the tenant mix, those two buildings may be backed together, and accommodate different parking patterns and layout. Mr. Thompson pointed out the Midwest Bank and Rod’s Hallmark locations, and stated attention will be made to keep current businesses in the development as well as attract appropriate businesses that will make this retail development work.
Mr. Thompson stated the tenant categories in which interest has been expressed are: supermarket, dry cleaner, salons, restaurants, apparel, hardware, home improvement, video, electronics, and general retail. A great deal of interest has been expressed, but as is common, most people ask they be contacted when the plan is approved.
Mr. Thompson began discussion of the Financing Plan by saying the use of funds is essentially for the retail shopping center. Costs include land costs; site work, including City streets; building construction; indirect costs, such as design and other consultant fees; financing costs, both permanent and construction loans; gross total costs, and net total development costs. Mr. Thompson reported some of the sources of financing will be conventional lending, which is basically a mortgage on the property; TIF (Tax Increment Financing) funds that might be available; TDD – Transportation Development Districts funding; Industrial Revenue Bonds; and CID – Community Improvement District funding. Mr. Thompson stated everything possible will be done to assist the City in making this a very economical project and good project.
There being no questions at this time, Mr. Thompson concluded by saying the development team is experienced, capable and prepared to move forward. The team is focused on meeting and executing the City’s development goals. Mr. Thompson thanked the Mayor and City Council for the opportunity to make this presentation.
Assistant City Manager Scott Wingerson stated he would briefly like to mention, in summary, there is an impressive City staff team put together to lead this project, who have spent a great deal of time on the project. The Staff team is led by City Manager Kirk Davis, City Counselor David Ramsay, Economic Development Administrator Lynn McClure, Christine Treat Bushyhead, Attorney, of White Goss Bowers March Schulte & Weisenfels, and Dan Musser of the Zimmer Company. Mr. Wingerson thanked the development team led by Mr. Peterson for taking an interest in Gladstone and for investing in what promises to be an exciting future for Gladstone Plaza.
Mr. Wingerson continued by saying City Council is being asked to approve Resolution R-03-92, which is on the agenda. This resolution provides preliminary approval for the development plan presented at this meeting, and allows the City Manager to begin negotiations toward presenting to City Council a development contract, which will spell out the details as to how Gladstone Plaza will be re-developed.
Mayor Smith asked if there was anyone to speak in favor or opposition of the proposal, or if there was anyone who had any questions.
As there was no one to speak in favor or opposition of the proposal, and there were no questions, Mayor Smith closed the Public Hearing.
Item 13. on the Agenda. RESOLUTION NO. R-03-92, preliminarily approving the development plan submitted by WCP Gladstone Plaza, LLC. in response to the request by the City of Gladstone for qualifications and proposals for the development of the Gladstone Plaza Redevelopment area, generally located in the Northeast quadrant of North Oak Trafficway at NE 64th Street by the City of Gladstone and authorizing the City Manager to begin negotiation of a Development Contract for the implementation of the preliminarily approved plan.
Councilman Carol Rudi moved to approve RESOLUTION NO. R-03-92, preliminarily approving the development plan submitted by WCP Gladstone Plaza, LLC. in response to the request by the City of Gladstone for qualifications and proposals for the development of the Gladstone Plaza Redevelopment area, generally located in the Northeast quadrant of North Oak Trafficway at NE 64th Street by the City of Gladstone and authorizing the City Manager to begin negotiation of a Development Contract for the implementation of the preliminarily approved plan. Councilman Bill Cross seconded.
Mayor Pro Tem Wayne Beer stated he knows there is a ways to go before acceptance of the entire project, but what has been seen is clearly in compliance with several issues the City has proposed in the past, including the Streetscape Plan, the Comprehensive Plan, and the North Oak Corridor Study. Councilman Beer stated this is a project that has the potential to attract the appropriate businesses and services to that part of our community, which has suffered with some lack of businesses and services that this project has the potential for satisfying. The developer and his team are obviously capable to handle a project of this scope and it is clear they are very capable in such matters. They have demonstrated a great deal of vision for the community and it appears they have met the issues of flexibility where necessary. It also appears they have been able to attract a significant amount of pertinent interest. Councilman Beer concluded by saying for these reasons, he will be voting in favor of this resolution.
Councilman Carol Rudi stated she appreciated the concern of the developer for the existing tenants of Gladstone Plaza.
Mayor Les Smith thanked the development team for their willingness to invest in our community. Mayor Smith stated it is time for serious re-development in this community, especially along the North Oak Street corridor. Some people present have been working on North Oak redevelopment plans for 13 to 15 years. Mayor Smith stated it is obvious the development team is capable and willing to provide that serious re-development investment. The citizens on that side of our community are not being provided the services they need, and there is not vacant ground to provide the services, so we are forced to look to re-development issues. Mayor Smith thanked the development team for their presentation and their willingness to invest in the community.
The vote: All “aye” Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Item 14. on the Agenda RESOLUTION NO. R-03-93, authorizing the City Manager to execute a Tow Service Agreement with Glad Rents, Inc., 6800 North Oak Trafficway, for vehicle towing and storage services for the two-year period January 1, 2004 through December 31, 2005, and the City shall have the option to extend the term of the agreement for one additional 12-month period.
Mayor Pro Tem Wayne Beer moved to accept RESOLUTION NO. R-03-93, authorizing the City Manager to execute a Tow Service Agreement with Glad Rents, Inc., 6800 North Oak Trafficway, for vehicle towing and storage services for the two-year period January 1, 2004 through December 31, 2005, and the City shall have the option to extend the term of the agreement for one additional 12-month period. Councilman Carol Rudi seconded.
David Horrocks and Mark Bossert, B & H Automotive, 700 C NE 76th Street, approached the podium and thanked the Mayor and City Council for the opportunity to make remarks. Mr. Horrocks asked who enforces the City’s towing contract and how much is a tow supposed to cost in the current contract. Mr. Horrocks stated, when they were preparing their proposal for the new contract, they were not provided the monthly reports for the current contract, so they were not able to see what they would need to do to fulfill the contract for the citizens of Gladstone.
City Manager Kirk Davis replied the Public Safety Department monitors the City’s towing contract.
Mr. Horrocks provided copies of tow bills from Glad Rents, who is the current towing provider for the City of Gladstone, and stated based on these bills, he felt Glad Rents was in breach of contract as to what they should be charging.
Mark Bossert pointed out on the bills what he thought were discrepancies in charges according to the existing contract. Mr. Bossert stated it was his understanding, according to the contract, when the police order a tow, the tow rate must be adhered to, but outside the city limits, mileage charges apply. However, the tow rate should be the same, whether or not it was ordered by the police. Mr. Bossert continued by saying according to City soliciting laws pertaining to tow truck drivers, if a tow truck driver even drives by an accident scene, parks in a parking lot, stands with a sign, or anything of that nature, anything even suggesting solicitation to anyone with an accident, who is stuck on the side of the road, or has a flat tire, the tow company is subject to a $500 fine. Mr. Bossert asked how long Glad Rents has had a police radio.
Captain Mike Couch, Law Enforcement Bureau, replied Glad Rents has had a police radio less than one year.
Mr. Bossert asked if the reason Glad Rents had a police radio was to expedite their arrival to an accident scene.
Captain Couch replied the police radio provides better communication and it provides the ability to get Glad Rents’ tow trucks to a site more quickly.
Mr. Bossert asked if he were correct, Glad Rents would not have to be called to a scene, they would just show up by having the benefit of a police radio.
Captain Couch replied most of the time Public Safety dispatchers phone or page Glad Rents; the police radio is just another form of communication.
Mr. Horrocks stated in the City’s soliciting law, no tow truck should arrive at an accident scene until they are dispatched.
Captain Couch stated he was not aware of instances that Glad Rents was at a scene before they were dispatched.
Mr. Horrocks stated he felt the Glad Rents bills indicate the tow truck was at the accident scene before they were dispatched, because of the price charges on the sheet. If they were dispatched by an owner, why would the tow truck take the vehicle back to the storage lot. Mr. Horrocks stated when someone calls his company, they want their vehicle taken directly somewhere, instead of a storage lot.
Mr. Bossert stated he felt this whole issue needs further investigation.
Mr. Horrocks suggested the City’s towing contract not be awarded to one person, but go on a rotating basis, which is the policy of the Highway Patrol and other municipalities.
Mr. Bossert stated, in his opinion, since Glad Rents has a police radio, it should be considered every call they hear on the radio that they have responded to in the last year, was a police ordered tow and their charges should be based on the towing contract.
Captain Couch disagreed with Mr. Bossert’s statement, and said the police radio is a communication tool and he does not know that they monitor the radio.
Mayor Les Smith stated he knows Mr. Bossert and knows both gentlemen present run a reputable business. Mayor Smith said Public Safety is charged with handling very traumatic and chaotic situations and the City depends on them to handle situations, and the City listens to their recommendation. City staff has recommended the City enter into a contract with Glad Rents. Mr. Bossert and Mr. Horrocks have brought up some valuable points at the last City Council meeting and this meeting, and there is going to be very careful monitoring of the tow bills and strict compliance, or the tow contract will be canceled and it will be reopened for bid. Mayor Smith stated another issue that has been brought up is the solicitor’s ordinance and asked City Counselor Ramsay to take a look at this ordinance, give the City Council an opportunity to review it at a Study Session early in January, and make any necessary recommendations. Mayor Smith continued by saying a tow truck company driving down the road should not be cited for solicitation.
Mr. Bossert, indicating distributed tow bills, made note that tickets should have printed numbers, in successive order and not hand written numbers. Hand written numbers make for double ticketing and anything could be written, making things more confusing.
Mr. Horrocks asked when bids have gone out, and before a recommendation is made, are not all applicants supposed to have all sites and tow trucks looked at, as well as all people available.
Captain Couch replied the proposal City Council is now discussing, (B & H Automotive), included a site inspection, which was done to ensure the tow company represented here was able to provide the services the City needed. Services such as the capability to tow large vehicles, which this company is not able to do, to inspect their site to be sure it is secure, which Public Safety believes is not secure, and to review what their capabilities were.
Mr. Horrocks stated his company was not looked at before the recommendation was made, nor was the other bidder, Arrow Tow, who Mr. Horrocks said was present at the meeting. Mr. Horrocks said Arrow Tow was not contacted at any time.
Mr. Bossert stated a company is not going to buy large tow trucks, equipment, hire people, or do things they would not do if they do not have the contract. Mr. Bossert suggested in future bidding processes for a tow contractor, the City include a letter of credit from a bank or some other financial entity indicating they would loan money to the tow company to meet the requirements of the contract.
Mayor Smith stated the City wants this process to be fair. Glad Rents has done a good job. However, if there is any blatant violation of the contract such as in the billings, from this date forward, then the City will have an issue with them. At this time, Glad Rents has provided good service, and according to City records, there have been no or few complaints. Glad Rents responds very well when they are called, and they take the job very seriously.
Mayor Smith continued by saying good points have been made that the City needs to look at from the viewpoint of making sure the process is fair to those who may not have the equipment Glad Rents has, because they already have the contract. Mayor Smith stated he was in favor of incorporating some of those suggestions. Mayor Smith said for now we need compliance of this contract. Whatever is needed to set up a monitoring system for compliance, needs to be done.
Mr. Bossert asked what was the cost of a police ordered tow under the existing contract. Mr. Bossert, referring to the current contract, asked if a tow was $15 for an impounded vehicle or $30.
Captain Couch replied if the towing company does a regular tow and uses a flat bed truck, the cost is $30. It depends on the type of truck that is used.
Mr. Bossert stated he thought, by reading the contract, the charge should be $15, and his lawyer agreed. A tow truck must be used to have tow charges, whether it is a flat bed or a wheel lift. Mr. Bossert suggested the tow prices should be posted where people have their vehicles impounded, and the police should give a copy of the tow prices to people when they get a release form from the police station. A copy of the tow charges should be posted on the wall in Public Safety so people can see it. Mr. Bossert said he has had many people ask him what the tow price was supposed to be.
Mayor Pro Tem Wayne Beer agreed with Mayor Smith that he sees some areas, when it comes time for bidding the next contract, that need consideration, including the ability to monitor costs. Councilman Beer said he felt it was important to look at revocation of a contract for violation of conditions of the contract. Of course, there may be honest mistakes made, depending on the tow truck driver and his ability to understand or remember the exact conditions. If it becomes a blatant violation of the contract, the contract should be revoked and the process re-bid, and that contractor not permitted to submit a new proposal until some time down the road to be determined. Councilman Beer stated he would be voting in favor of this resolution as presented.
The vote: All “aye” Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Item 15. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 16. on the Agenda. QUESTIONS FROM THE NEW MEDIA.
There were no questions from the News Media.
Item 17. on the Agenda. ADJOURNMENT.
There being no further business to come before the December 1, 2003, Gladstone City Council Meeting, Mayor Les Smith adjourned the Regular Meeting.
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Les Smith