MINUTES
CITY COUNCIL MEETING
GLADSTONE, MISSOURI
REGULAR MEETING
MONDAY MARCH 22, 2004
PRESENT: Mayor Les Smith
Mayor Pro Tem Wayne
Beer
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 March 22, 2004,
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 MARCH 8, 2004 CITY COUNCIL
MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular
March 8, 2004, 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 4a. on the Agenda. PROCLAMATION recognizing the selection of BRITTANY SANDERS as one of the top two youth volunteers in Missouri by the Prudential Spirit of Community Awards Program.
Mayor Les Smith noted Ms. Sanders was not present, and pointed out that Ms. Sanders has been recognized as one of only two young people in the state of Missouri to receive a very prestigious award and she will be traveling to Washington, D.C. to compete with others from the State. The award recognizes young people who give to their community. It is not a pageant of any kind. Mayor Smith stated Ms. Sanders is a wonderful young lady and he was sorry she could not be present this evening.
Item 4b. on the Agenda. PRESENTATION OF DISTINGUISHED BUDGET AWARD to Finance Director Cash Sweiven.
Mayor Smith stated the City of Gladstone has received the Distinguished Budget Award continuously since 1986, and again this year. The Government Finance Officers Association presented this award to our City for the fiscal year beginning July 1, 2003. Mayor Smith presented the award to Finance Director Cash Sweiven and offered congratulations to him and his staff.
Item 4c. on the Agenda. Mayor Les Smith read a PROCLAMATION designating the month of April, 2004, as “Gladstone Child Abuse Prevention and Awareness Month” in
Gladstone, Missouri, and recognizing the efforts of the National Court
Appointed Special Advocate (CASA) Association.
Clay County Court Appointed Special Advocate Anita Newsom accepted the
proclamation from Mayor Smith. Mayor
Smith asked Ms. Newsom to discuss the role of the Court Appointed Special
Advocate.
Ms. Newsom stated the Court Appointed Special Advocates are a voice for the child in court. When situations happen when children are taken from the home, there are attorneys provided for the parents and for the Juvenile Officers. The child is not really represented. As trained individuals, the Court Appointed Special Advocates do their own investigations, speak for what they feel is in the best interest of the child, and act as an advocate for the child. The CASA organization is having a celebration called “The Light of Hope” on April 1, 2004 at 5:30 PM at the Courthouse fountain in Liberty, Missouri. Ms. Newsom invited all to attend the “Light of Hope” celebration, where there will be a luminary service. Carolyn Long will be the emcee and Buck O’Neal will be on hand as a guest speaker.
Mayor Smith thanked Ms. Newsom for her work on behalf of young people.
Mayor Pro Tem Wayne Beer stated he had known Ms. Newsom for a number of years. Ms. Newsom is a retired educator, who was not only a classroom teacher, but also a principal. During that time she often served as a zealous advocate for children. Councilman Beer said Ms. Newsom has brought that caring advocacy to the CASA program, and she is to be congratulated and thanked.
Mayor Smith stated that Ms. Newsom has also served as Mayor for Gladstone for three terms.
Item 4d. on the Agenda. Mayor Smith read a PROCLAMATION designating April
4th - 10th, 2004, as “BUILDING SAFETY WEEK” in Gladstone,
Missouri. Sponsored by the International
Code Council. Construction Coordinator
Craig Slaughter was on hand to accept the proclamation.
Item 4e. on the Agenda. Mayor Smith read a PROCLAMATION designating April 2nd,
2004 as “ARBOR DAY” in Gladstone, Missouri, and urging residents to
support efforts that focus on environmental betterment and the planting of
trees. Parks and Recreation Director
Sheila Lillis was on hand to accept the proclamation.
Parks and Recreation Director Sheila Lillis stated
the City of Gladstone earned the Tree City designation two years ago. This designation requires that $2.00 is spent
per capita on trees, which equates to about $52,000 per year. The designation also requires a special tree
ordinance, which was adopted a little over a year ago, as well as an annual
Arbor Day celebration. This year’s Arbor
Day celebration will be 10:00 AM, April 2nd, at Flora Park.
Item
5. on the Agenda. CONSENT AGENDA
Following
the reading of the Consent Agenda by the City Clerk, Councilman Carol Rudi
requested removal of the Building Permit for the construction of a new
structure, Sheridan’s Frozen Custard.
Mayor
Smith stated this item would be considered as Item 5a on the agenda.
Mayor Pro Tem Wayne Beer moved to accept the Consent Agenda as modified. 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)
Mayor Pro Tem Wayne Beer moved to adopt RESOLUTION R-04-18, authorizing the City Manager to accept a Bill of Sale from Gary Gabel and Atlas Contracting conveying to the City a Storm Sewer serving 7158 N. Antioch Road. 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)
Mayor Pro Tem Wayne Beer moved to adopt RESOLUTION R-04-19, authorizing execution of a contract with Musselman and Hall Contractors, LLC, in the total amount not to exceed $268,478.94 for the 2004 Intermediate Maintenance Program. Project 045003. 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)
Mayor Pro Tem Wayne Beer moved to adopt RESOLUTION R-04-20, authorizing the City Manager to accept a Bill of Sale from MapleLane Homeowner’s Association, Inc. conveying to the City 8” and 4” Sanitary Sewer Mains, a Sanitary Sewer Lift Station, Holding Tank, Force Main and all appurtenances serving the MapleLane Subdivision, and to accept a Standard Easement from said association in conjunction with the sanitary sewer system. 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)
Mayor Pro Tem Wayne Beer moved to approve a SUNDAY PACKAGE SALES LIQUOR LICENSE for Aldi, Inc.; 7604 North Oak; Managing Officer: Kristine Curtney. 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)
Mayor Pro Tem Wayne Beer moved to approve the FINANCIAL REPORT FOR FEBRUARY 2004. 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)
Item 5a. on the Agenda. APPROVAL OF A BUILDING PERMIT for the construction
of a new structure, Sheridan’s Frozen Custard, to be located at the out
parcel of Prospect Plaza for the purpose of retail food services. Applicant:
Shaw Hofstra & Associates, Inc.
Owner: Bradley Operating,
LP. (BP File No. 04-0286).
Councilman Carol Rudi moved
to approve a Building Permit for the construction of a new structure, Sheridan’s
Frozen Custard, to be located at the out parcel of Prospect Plaza for the
purpose of retail food services.
Applicant: Shaw Hofstra &
Associates, Inc. Owner: Bradley Operating, LP. (BP File No. 04-0286). Councilman Bill Cross seconded.
Councilman Rudi stated she
thought there would be a color rendering available at this meeting, and asked
the applicant to please describe what the south side of the building would look
like.
Craig Shaw, of Shaw Hofstra
& Associates, Inc.; 1717 Oak Street; Kansas City, Missouri, stated the south side of the
proposed Sheridan’s Frozen Custard will look very much like the front side,
only without the sign. Mr. Shaw pointed
out the pointed sides will be carried out on the south side, and there is a
drive-in window on the south side. The
roofline wraps around, and the elevations are fairly consistent, but there is
not the big front porch that is part of the customer approach side. It will not be a blank wall, it will be
attractive from all four sides.
Councilman Rudi asked if
Staff has seen a rendering of the south side of the building.
Assistant City Manager Scott
Wingerson replied the City has full detail elevations in the building permit
submittal, and the south side will face NE 64th Street. Mr. Wingerson shared the detailed rendering
of the south side with Council members.
Councilman Rudi asked if the
colors on the Sheridan’s Frozen Custard building will be similar to the
existing shopping center.
Mr. Shaw replied the colors
would be very similar to the color image that was provided to City Council
members.
Mayor Smith welcomed Mr.
Shaw to Gladstone, and said the City is excited to have their business in
Gladstone. Mayor Smith stated that City
staff did a great deal of work on this project and he hoped Mr. Shaw found
Staff to be cooperative and accommodating.
Mayor Smith stated he wished to recognize the efforts of Economic
Development Administrator Lynn McClure and Staff who worked on this
project.
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 Evans stated that would be fine, and asked about plans to repair existing signage in the City.
Mr. Wingerson replied Staff is currently looking at
coordinating the existing entry signs in the City with some of the signs
installed in City Hall, as well as existing City signs directing to other
locations in town. An example would be
the sign at 72nd Street and North Holmes, pointing to City Hall, and
one at 72nd Street and North Antioch Road, pointing to the Public
Works Building and Happy Rock Park.
Staff is looking at different scenarios that would be consistent with
those signs, and hopefully Staff will be bringing that forward to Council in
the very near future.
Cloren Boor, 2610 NE 74 Terrace, asked to comment on Resolution
R-04-20, authorizing the acceptance of a Bill of Sale from MapleLane
Homeowners Association. Mr. Boor stated,
on behalf of the residents of MapleLane, he wished to thank the Mayor and City
Council for the action that was taken tonight on the residents’ behalf. Mr. Boor thanked City Manager Kirk Davis,
Assistant City Manager Scott Wingerson, City Counselor David Ramsay, Contract
Coordinator Lou Oesterle, and the entire Public Works Department for their
efforts and cooperation to accomplish this for the MapleLane homeowners. Mr. Boor stated Gladstone is a great place to
live, and he really appreciates the approval of City Council in this matter.
Mayor Smith stated he was very happy to get this
matter off dead center, and he knows this has been an issue discussed for years
and years. Hopefully this has been
resolved once and for all and residents of MapleLane can sleep better as a
result of this action.
Mr. Boor concluded by saying “God Bless America and
the City of Gladstone”.
Councilman Carol Rudi asked City Manager Kirk
Davis if the Gladstone Reporter is always a published piece, or is it
possible to send a portion by e-mail, to avoid postage costs.
City Manager Kirk Davis replied the Gladstone
Reporter is typically sent out by hard copy in the mail. There may be some opportunities to convert to
an e-mail system with some of our scanning capabilities, and we would need to
develop a database of e-mail addresses.
This is not out of the realm of possibilities.
Councilman Rudi suggested the City work towards this
method.
City Manager Davis stated Staff has some ideas relative to all documents that are put out by the City. The City puts out collectively dozens of pieces of information. Economic Development Administrator Lynn McClure has suggested the City look at consolidating some of these pieces and possibly looking at a different way of doing business that can help not only cut costs, but also improves the quality of documents we provide to the community. Staff will be taking a hard look at this issue, and will look at all technology resources that can be utilized.
Councilman Rudi stated she knows there is an
opportunity for residents to sign up to receive different types of information
from the City via e-mail, and the Gladstone Reporter would be a good
source of information to include.
Councilman Bill Cross had no comments at this
time.
Mayor Pro Tem Wayne Beer congratulated Parks and Recreation
Director Sheila Lillis and the Amphitheatre Committee for having won the second
place finish at the North Kansas City Barbeque Contest on March 12, 2004. Councilman Beer said he knows they earned
this prize due to the wonderful leadership of Director Lillis, whose efforts
won $800 for the Amphitheatre Committee.
Mayor Les Smith stated he noticed on the Legislative Update
from the Missouri Municipal League, that Senate Bill 715 was amended to exclude
Kansas City from its provisions. Mayor
Smith said it sounds like anyone might request exemption from this bill by one
of their Representatives, relative to inspections. Mayor Smith suggested to City Counselor
Ramsay that he look into this for Gladstone.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis began by saying Economic Development Administrator Lynn McClure put a lot of effort into working with Sheridan’s in finding a site in Gladstone, and the City is proud of his effort. City Manager Davis offered kudos to Mr. McClure.
City Manager Davis reported the City of Gladstone has been nominated for the Pat Summeral Small Business Award. Some publicity would be received through an airing on CNN of a two-minute segment recognizing our city. The down side is the cost of the segment on CNN would be shared with our city and Mr. Summeral. City Manager asked for input from the Mayor and City Council members. The City’s cost would be $28,000.
Mayor Smith stated he visited with people from Pat Summeral’s office and they need to know within the next 2 or 3 days. Mayor Smith said many communities use this opportunity as a economic development tool. A one-day shoot would be scheduled and the City would retain the tape that is made. Mayor Smith stated this might be compared to being included in a Who’s Who book, where you are asked to buy the book. Our City’s share would be $28,000 and the shoot would be in the summer or fall, with the segment aired in the late fall.
Councilman Carol Rudi stated she felt the cost is too high and she did not feel the economic impact return would be worth that amount of money. Councilman Rudi asked Mr. McClure for his opinion.
City Manager Davis reported the money for this project would come from the General Fund, and not one of the enterprise funds.
Mr. Lynn McClure stated it is difficult to say what kind of impact this project would have. There are a lot of firms that do this type of thing without the award attachment. It might be worthwhile to talk to these types of firms to see what is available for the same cost. Mr. McClure commented he felt two minutes is not much time, and was concerned about how much impact would be achieved in that short of time on CNN. Mr. McClure said he felt the $28,000 could go a long way towards apparatus for Fire, signage, or another worthwhile need. Mr. McClure said he did not feel the economic impact to our community would be worth $28,000.
Mayor Pro Tem Beer stated he agreed with Mr. McClure. It would be nice to see the City of Gladstone on national programming, but he suspects from a national aspect, our City would get very little out of it.
Mayor Smith asked how our City was nominated.
City Manager Davis replied he believed the nomination came from someone in the metro area, and our City met all the criteria for the award.
Mayor Smith said he believes these segments are aired on headline news at 5:22 PM daily, if anyone would like to view a segment. Mayor Smith agreed with Councilman Beer and Councilman Rudi.
Councilman Cross stated he would rather see the money spent on an aquatic center. Councilman Cross said he felt the residents of Gladstone would derive more benefit from money spent on the municipal pool.
Councilman Evans stated he would rather see the money go towards another ambulance.
Mayor Smith asked City Manager Davis to please express appreciation from the City for being considered for this award, however, we will not be participating at this time.
City Manager Davis reported the Mayor, City Council, and he will have an opportunity to sit on a panel, Thursday afternoon at the Gladstone Area Chamber of Commerce luncheon. He asked for confirmation as to who will be able to attend from the City Council.
Mayor Smith replied all of City Council will be in attendance, with the possible exception of Councilman Evans, who may have to be in Springfield at that time.
Item 9. on the Agenda. PUBLIC HEARING:
for consideration of a Special Use Permit subject to certain
conditions to MBW Construction for operation of a Business Office on property
at 6615 NE Antioch Road Trafficway.
Applicant: MBW Construction,
Incorporated. Owners: Keith F. & Alanna K. McConnell. (File #1218)
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
Assistant City Manager Scott Wingerson began by
saying the applicant is requesting a Special Use Permit that would allow the
operation of a residential builders construction office at the home described
on the agenda. The Planning Commission
debated this issue at some length. One item of their discussion included the
fact Staff had recommended a term of five years for this Special Use
Permit. The Commission considered and
debated a two-year Special Use Permit, but ultimately settled on five
years. The Commission changed the number
of employees from what was originally requested by the applicant from two to
six. Mr. Wingerson said that discussion
centered on family and if they are included in the number of employees. A typical Planning definition would not
include family, so the number would include employees not related to the
applicant. The Commission did change the
number of employees from two to six.
Mr. Wingerson reported additional clarification was
added that ensures that the proposed second building complies with the Proposed
Detached Building Ordinance, which is now an Administrative Policy, pending
adoption. At the applicant’s request,
the Planning Commission proposed a change in the hours of operation from 6:30
AM to 7:00 PM to 6:30 AM to 9:00 PM. The
9:00 PM time will be limited in terms of its frequency. Mr. Wingerson stated the applicant is currently
in the process of installing a second driveway to the property and the approach
is proposed to be used to construct the secondary building and not damage the
existing driveway. It was suggested that
driveway would be prohibited, however the existing driveway would be removed
within one year. Mr. Wingerson continued
by saying a condition was added that would allow a compliant monument
sign. In the original report, Staff
recommended the installation of a gravity sewer main to serve the property, however
it is outside City limits, so an authorized septic tank will be improved in
accordance with City specifications and Health Department specifications.
Mr. Wingerson stated the Planning Commission voted
to approve the Special Use Permit for a period of five years by a vote of 10-0.
Applicant Presentation
Mr. McConnell, President of MBW Corporation, 7819
North Chestnut; Kansas City, Missouri, began by saying he believes his company is a
positive company for the Gladstone area, and he has lived in Gladstone or the
border of Gladstone his entire life, except for five years when he lived in San
Antonio, Texas. Mr. McConnell said
anyone with children has benefited from the good things his company has done
for the community in the high school level, and he does not think his request
will impact the neighborhood in a negative manner. Anyone who drives by the project will see it
has made a great improvement from what it was.
Mr. McConnell said the other building he wishes to add to the property
will be similar in material to what the structure is now.
Councilman Cross inquired into the acreage of the
property.
Mr. McConnell replied 1.5 acres.
Councilman Rudi asked the size of the building that
would house the equipment.
Mr. McConnell replied originally the building was
planned to be 40 feet x 80 feet and it was planned to have it run along Antioch
Road, but after consideration he is planning to turn it so the 40 feet faces
Antioch Road, so it doesn’t seem quite as big.
The garage will be on the side towards the house, so the garage doors
will not be seen from the street.
Mayor Smith asked Mr. McConnell if he owned the
house to the north of this property.
Mr. McConnell replied no, he does not. The owner of that property and Mrs. Johnson,
another neighbor, seemed agreeable to the improvements Mr. McConnell
proposes. Mr. McConnell explained the
only people who will generally be at the property during the day will be his
wife and sister-in-law. The 9:00 PM time
is just for clients who may visit at that time on a Friday or a Saturday.
Mayor Smith asked Mr. McConnell if this is a place
he wishes to be forever, or what are his plans for the future.
Mr. McConnell replied that he believes after five
years, when City Council sees what low impact his business has to the
community, he doesn’t think City Council would object to renewing the Special
Use Permit. Mr. McConnell stated if the
Johnson property is developed, he did not think his business would be an impact. He plans to surround the property with
Austrian Pines on a 15-foot boundary around the boundary line. Mr. McConnell stated he hopes to have his
business at this location for a long time.
He has been in business for 24 years, and he has either operated out of
his home in Gladstone or surrounding areas.
Mayor Smith asked Mr. McConnell at what point did he
decide to use the building for commercial purposes.
Mr. McConnell replied when they first bought the
house, they were going to remodel it;
then they decided it would be a good property for his office. Mr. McConnell said he talked to the City
early on about changing the zoning, and City staff thought it would be better
to apply for a Special Use Permit. When
the project began, Mr. McConnell told City staff he was doing demolition, and
City staff said a permit was not needed for that. Later on, it was decided he did need a
permit, so he got a permit at that time for the demolition and the
remodeling. Mr. McConnell said he has
met all the state requirements for handicap accessibility.
Councilman Rudi stated normally Special Use Permits
in a neighborhood would not have a monument sign, and asked if Mr. McConnell
would object to not having a sign.
Mr. McConnell replied he does not necessarily have
to have a sign to operate. He asked for
a sign because if you stand on his front porch and look down the street, there
is another business, BPI, that operates a home building business, Wayne Croy
Auto Repair is down the street, there is a day care center nearby, as well as
the commercial property on the corner.
Councilman Evans asked how many cars Mr. McConnell
expects to access Antioch Road in a day’s time.
Mr. McConnell replied it would probably average
three vehicles in and out in addition to his wife and sister-in-law.
Councilman Evans asked if the second building is for
storage of construction equipment.
Mr. McConnell replied yes, he has two bobcats and
some miscellaneous attachments that go with it.
There will be no stored construction equipment outside of the
buildings. The only other thing stored
in the building would be tools.
Councilman Evans asked if a permit has been
requested for the second building.
Mr. Wingerson replied no.
Mr. McConnell stated the second building is part of
the proposal.
Councilman Evans asked why Mr. McConnell began to
construct the second entryway without a building permit for the second
building.
Mr. McConnell replied he was getting ready to submit
his building permit and he was preparing to extend the driveway at the back of
the house prior to getting the building permit and he did not want the concrete
trucks to drive back and forth across that driveway.
Mayor Smith asked if the house that has been
refurbished can be used as a residence if the Special Use Permit is not
granted.
Mr. McConnell replied yes, anything is possible.
Mayor Smith stated he does not agree with the
Planning Commission’s recommendation as to the number of years, and asked if
three years would be agreeable and would two employees be agreeable.
Mr. McConnell replied he would like to have five
years, ten years, or would really like to have the property rezoned
commercial. It is a big investment to
make for three years. Two employees
would be limiting his company’s growth.
Additional employees would not necessarily be on the property. On Friday, they would be there to pick up
their paychecks.
Mayor Smith said he noticed some vehicles parked on
the property and asked if the property is being used now.
Mr. McConnell said the vehicles are just parked
there. The only people who have been
there are his wife and the painter, who is finishing up some work on the
bathroom and the kitchen.
Mayor Smith asked what property is being planned for
residential development near Mr. McConnell’s property.
Mr. McConnell replied the property that sits behind
the water tower, owned by Peterson Property, is planned for residential.
Mayor Smith asked how far south that development
would go.
Mr. McConnell replied the proposed residential
property almost backs up to his property.
Mayor Smith asked Mr. Wingerson what the
requirements would be to rezone Mr. McConnell’s property as an office and as an
office with a storage building.
Mr. Wingerson replied a Commercial Office or “CO”
would be just for the office use. When
the storage of construction equipment is added, the zoning would be in most
cases “C3”, however there is some possibilities for “C2”. There would need to be a lot more specifics
of the operation and what kind and size of the equipment to determine whether
the zoning would be “C3” or “C2” for the storage and warehousing of
construction equipment.
There was no one to speak in Favor or Opposition to
the application.
Mayor Smith closed the Public Hearing.
Item 9a. on the Agenda. FIRST READING BILL 04-10, granting a Special Use Permit
subject to certain conditions to MBW Construction for operation of a Business
Office on property at 6615 NE Antioch Road Trafficway.
Councilman Bill Cross moved to place Bill 04-10 on
First Reading. Councilman Carol Rudi
seconded.
Mayor Pro Tem Wayne Beer stated this project’s
potential for possible intensity of other use is significant. When granting a Special Use Permit, a number
of things must be considered. One of those
considerations is the character of the neighborhood. In this particular case, there is not much of
a neighborhood now, but there are two neighborhoods that are being
proposed. One is the Peterson project,
which Councilman Beer understands is a high dollar, low-density residential
project. To the south and the east is
the Johnson Farm, which is now zoned medium density. Councilman Beer said, in his opinion, a
construction company in the middle of this area hardly fits the character. Other issues to consider are the zoning and
uses of other nearby properties, and the extent to which the proposed use would
be in harmony with such zoning and uses.
Councilman Beer stated he felt this project would not be harmonious to a
residential area as it is proposed, and he feels this Special Use Permit does
not meet the test to not be a detriment to nearby properties. This request does not meet the test to not
harm property values of other proposed projects that are being developed. Councilman Beer stated another consideration
is the extent to which there is a need of the use in the community, and he
feels this request fails that test. The
need of a construction company with all its facilities in the middle of a “R-1”
low density/medium density residential area does not meet the test. Councilman Beer said he feels this request
fails to meet the test of being a positive economic impact on the
community. The water line is nearby, but
the sewer line is not, so a septic tank would need to be used or a very long
sewer line installed. During the
Planning Commission meeting a long sewer line was determined not to be a viable
solution for the applicant.
Councilman Beer said the Department of Natural
Resources Clean Water Act discourages the use of septic tanks and so does the
City as a general rule. This request
does not meet conformance to the City’s Comprehensive Plan. Councilman Beer stated he believes this
project does not meet any of the tests which he has just described, and he will
be voting against this application.
Councilman Rudi stated she agrees with Councilman
Beer, and she is concerned with the vision that exists for the area. A very nice residential area is planned, and
an office in this location would not be suitable. Councilman Rudi said she has a problem
approving a Special Use Permit that might not be renewed, and the owner would
have time and money invested. Councilman
Rudi stated for these reasons and the reasons recited by Councilman Beer, she
would be voting against this applicaton.
Councilman Cross stated he respects the opinions of
Mayor Smith, Councilman Beer and Councilman Evans as to construction, and asked
one or two of them to express their opinion on this matter.
Mayor Smith replied this is a land use issue to
him. The applicant is a good builder and
has done a lot of good things for the community. The quality of what they do is not a
question. Mayor Smith said when reading
the Planning Commission minutes, he sees the Commission agreed with a request
for a Special Use Permit, but four Commissioners said they would oppose a
permanent rezoning. It is apparent the
applicant wishes to be at this site for a long time. Mayor Smith continued by saying this is a
request for commercial use and this is a land use issue, and that is what needs
to be the focus.
Roll Call Vote:
All “nay” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill
Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (0-5)
Item 10. on the Agenda. PUBLIC HEARING for
consideration of a Special Use Permit subject to certain conditions to Gary
Howard for purposes of operating a Vehicle Sales Lot in two parking spaces in a
CP-1 Zone at 7 NW 72nd Street.
Applicant: Gary Howard/Howard
Realty. Owner: Phyllis Howard Griffey. (File #1220).
Mayor Smith opened the Public Hearing and explained
the hearing process will be the same as before, 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
Assistant City Manager Scott Wingerson stated the applicant is
requesting a Special Use Permit that would allow the operation of a limited
used car sales facility on 72nd Street in an existing office
building. The applicant proposes to use
two parking spaces in the facility to sell two cars at any one time. The draft conditions are in the proposed Bill
and discussion of the request is included in the Staff Report, followed by the
code enforcement history, which is included in Council’s packets. Mr. Wingerson reported it is Staff’s
recommendation not to approve this request, which is based on the code
enforcement history. The Planning
Commission, on a motion to approve, voted 1-10, in effect recommending that the
application be denied by City Council.
Mayor Smith asked how many parking spaces are
required at this site and is this requirement being met.
Councilman Rudi replied it is her understanding
there are four extra parking spaces.
Mr. Wingerson agreed.
Applicant Presentation
Gary Howard, 2418 NE 79th Street, Kansas
City, Missouri, said he has been in business in Gladstone for 30 years and at the
present site for 15 years. Mr. Howard
stated he has maintained a quality office and felt this request would be a low
impact on the area. He would just like
to sell a couple of cars at a time. His
children are beginning college next fall and he is looking for a way to assist
them.
Mayor Smith agreed Mr. Howard’s property is
maintained very nicely, but he does struggle with a place to park when he
visits the property.
There was no one
to speak in Favor or Opposition to the application.
Mayor Smith closed the Public Hearing.
Item 10a. on the Agenda. FIRST READING BILL 04-14, granting a Special Use
Permit subject to certain conditions to Gary Howard for purposes of operating a
Vehicle Sales Lot in two parking spaces in a CP-1 Zone at 7 NW 72nd
Street.
Councilman Bill Cross moved to place Bill 04-14
on First Reading. Councilman Carol Rudi
seconded.
Mayor Pro Tem Wayne Beer stated he felt this is an
inappropriate use of land, and feels this request is not in conformance with
the City’s Comprehensive Plan, or the Streetscape Plan. The City has tried very diligently to prevent
spot zoning and to prevent two car lots located at various sites in the City
and has strived to put like businesses as near together as possible and
practical. For this reason, Councilman
Beer stated he will not be voting in favor of this application.
Councilman Cross stated based on what he has read
and the recommendation of the Planning Commission, he will be voting against
this application.
Roll Call Vote:
All “nay” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill
Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (0-5)
Item 11. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 12. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 13. on the Agenda. ADJOURNMENT.
There being no further business to come before the
March 22, 2004, 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 Wayne Beer