MINUTES
CITY COUNCIL MEETING
REGULAR 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.
Staff Presentation
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.
Applicant Presentation
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.
Staff Presentation
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.
Applicant Presentation
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.
Respectfully submitted:
__________________________
Cathy Swenson,
City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Les Smith