CITY COUNCIL 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.
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.
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.
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.
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.
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Wayne Beer