MINUTES
CITY COUNCIL MEETING
REGULAR MEETING
MONDAY APRIL 12, 2004
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 April 12, 2004,
City Council Meeting at 7:30 PM in the
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 22, 2004 CITY COUNCIL
MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular
March 22, 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. SPECIAL PRESENTATION to Jeff O’Donnell, Gladstone Auto Repair, for his act of service to the community in assisting in the return of a lost young child to her family.
Mayor Les Smith invited Mr. O’Donnell, and the child’s family to join him at the podium and asked Mr. O’Donnell to explain to the audience what occurred on March 1, 2004.
Mr. Jeff O’Donnell, owner of Gladstone Auto Repair,
stated he had just arrived at work, when he noticed a young child walking on
the side of
Mayor Smith thanked Mr. O’Donnell and stated this is a wonderful story. Mayor Smith read and presented a certificate of appreciation to Mr. O’Donnell.
Item 4b. on the Agenda. Mayor Smith read a PROCLAMATION designating
April 2004 as “Public Health Month” in
Ms. Nichols stated the Clay County Health Department has come a long way since it was first established in 1953. The Health Department began with three employees and now employs up to 85 people in the summer months, and deals with such issues as the West Nile Virus. Ms. Nichols stated the Clay County Health Department is a well-kept secret and does many good things for the community. Ms. Nichols thanked Mayor Smith and City Council members for the recognition.
Item 4c. on the Agenda. Mayor Les Smith read a PROCLAMATION designating April 24, 2004, as “Find Your Best Friend Day” in Gladstone, Missouri, in support of
the animal shelters and rescues in the Northland area. Jennifer Untch, founder of Project Best
Friend, accepted the proclamation from Mayor Smith.
Ms. Untch thanked Mayor Smith and City Council members
for their support, and stated 27 million animals are turned in to animal
shelters and rescues each year in the
Item
5. on the Agenda. STATE OF THE CITY
ADDRESS
Mayor Les Smith delivered a State of the City
Address. Following is the text of the
State of the City Address as provided by Mayor Les Smith:
I would like to begin by thanking you for this
opportunity to present the first ever State of the City Address, an address
that I hope will become an ongoing tradition in our community. It’s exciting to
be able to share with you the many great things that are happening in the City
of
Since 2001, public service has received a lot of focus
nationally, and public servants have received some long overdue recognition.
Both the Northland Regional Chamber of Commerce and the Gladstone Area Chamber
of Commerce recognized our employees this past year, with our employees even
being named honorary parade marshals for the 24th Annual Gladfest parade.
Although I wish we could introduce every single person
who works for the City, please allow me to introduce to you the members of our
Leadership Team and ask that they take our recognition back to all of those in
their respective departments:
Kirk Davis, City Manager
Scott Wingerson, Assistant City Manager
Dave Ramsay, City Counselor
Bill Adamo, Public Safety Director
Cash Sweiven, Finance Director
Andy Noll, Director of Public Works
Sheila Lillis, Parks & Recreation Director
Charlene Leslie, Human Resources Administrator
Cathy Swenson, City Clerk
Diane Whitaker, Executive Administrative Assistant
And although they might not be here this evening, I
would like to recognize the City’s most recent “Employees of the Year” -- Stan
Dobbins, Madelaine Cockrum, and Danny Shinneman.
Please join me in thanking these and all our city
employees for the exceptional work they do.
The past twelve months have provided the City of
Shortly after this council was seated, we were faced
with balancing a budget that reflected revenues equal to 1999 levels and
expenditures that grew by inflationary factors. The City was challenged with
balancing the budget without cutting essential city services and with
continuing to fund planned capital improvements. I’m proud to announce that
through a total team effort we have accomplished all of these despite the fact
that some revenues have been on a steady decline since mid-2001. We cut
positions through attrition, consolidated other positions and responsibilities,
and kept a close eye on budgeted expenditures in the General Fund.
Just as we were in the process of balancing the
budget, a devastating series of tornadoes blew through the metropolitan area,
causing damage in
Emergency management experts nationwide heralded the
City’s response; we have received many letters of appreciation, and have
received various commendations from around the country. Today, nearly one year
later, although the afflicted areas appear to be returning to normal, many
residents of our community are still rebuilding.
July marked the dedication of our new amphitheater,
which was rebuilt after the arson fire that destroyed it in 2002. Through the
efforts of people from around the entire metropolitan area, the facility was
rebuilt even bigger and better, and will provide us with more cultural and
entertainment opportunities in the future. Not only does this regional
amphitheater host the largest Blues festival in the
With the many wind and ice storms of the past few
years, we have been very cognizant of the tree damage our community has
sustained. We began the process of repairing, replanting, and trimming trees on
city property throughout our community because we recognize their importance to
our environment, the aesthetics of our community, and the quality of life we
enjoy. This effort resulted in our community being designated a Tree City USA
for a second straight year, and last September we received a $10,000 T.R.I.M.
II grant from the Missouri Department of Conservation to evaluate trees and
identify planting areas in our public spaces.
The City, like every other institution in this
country, has had to retrench fiscally since 2001. In 2000, the City began to
focus more intently on economic development and implemented several economic
development initiatives. One of those initiatives concerned the revitalization
of the North Oak corridor, and more specifically the
As the word spread that
For many years the City has discussed the need and
desire for a downtown area. The North Oak Corridor Study identified this
potential district as a vehicle that might encourage reinvestment elsewhere
along the corridor. The City enlisted the services of Hugh Zimmer and
Associates to complete an economic feasibility study for a mixed use, high
density, commercial development near 70th and N. Oak. I’m excited to announce
that the City has begun the process of acquiring properties that will encourage
such an investment. This is the type of economic initiative the city needs to
overcome a stagnant economy and encourage growth. This is the type of activity
that encourages economic growth, which provides services and products needed by
our citizens. It also provides for a very low cost of living in our community.
The Antioch Road corridor is also realizing renewed
commercial interest. Sheridan’s Frozen Custard was recently approved for
Prospect Plaza, a remodeled Tommy’s and McDonalds re-opened following the
tornado, and an addition is planned for Hy-Vee at 72nd and N. Prospect. The
former gas station and seasonal retail location at 58th and Antioch was
demolished and development interests are being pursued for this location.
Meadowbrook Shopping Center is full and has several exciting new tenants. We
will continue to make economic development a priority and continue to focus on
quality redevelopment in Gladstone while at the same time protecting the
integrity of our neighborhoods.
Another long-term economic development goal was
reached this past year with the creation of the City’s first Community
Development Corporation. This organization is designed to provide low interest
loans to businesses for façade and building renovations, modern signage,
landscaping, and other site plan improvements.
During difficult economic times, just like our local
businesses, we must make internal changes that will help the organization
remain competitive and continue to provide services. Several internal
management steps, or structures, have been altered or initiated this past year.
These are not issues the public will have heard about, or even been very
interested in, but they do help the organization change and provide a
foundation for the provision of public services. Programs such as Positive
Performance Management, a new Wellness Program, GASB 34, CiviCall, Fire
Staffing analysis, Performance Evaluation Systems, NPDES, and other internal
programs and studies were completed this past year. Many new ordinances were
enacted to enhance our community, and the City reacted to such issues as
Concealed Carry and a possible change in the provision of our emergency medical
service.
The City continues to focus on capital improvement
planning and the implementation of recently developed capital spending plans
and bond issues. As promised to the voters, almost $2.5 Million in sanitary
sewer repairs have been made in the past three years. And as mentioned earlier,
our new fire station on North Oak will be a tremendous public safety asset for
the citizens of our city. Other bond projects have resulted in the just
completed addition to City Hall that will provide much needed storage and
meeting space. The 2002 Certificates of Participation promised the City Hall
project, the expansion of Happy Rock Park, a long overdue rebuilding of 76th
Street, and a renovated Public Works site. We are nearing completion of the
final design for the new portion of Happy Rock Park and will see this project
out for bid this summer. The design of 76th Street from North Oak to North Euclid
has been completed and 95% of the easements and rights of way have been
obtained. The utility companies have begun their relocation process, which
should allow us to be under construction this summer, and the preliminary site
plan improvements for the Public Works facility are being designed.
The City issued approximately $6 Million in storm
water bonds in 2000. These funds were provided for construction of the top four
priority projects from the Stormwater Master Plan, which have been completed or
are nearing completion at this time. The 68th Street & North Prospect
detention basin is virtually complete as parking, landscaping, and tree
maintenance are being completed at this time to allow for passive parkland use.
The Rock Creek Channel improvements in Brooktree are also under construction
and will result in an aesthetically pleasing new channel that will reduce
erosion, flooding, and damage to property along Rock Creek. Over the last 20
years the City has allocated nearly $10 Million for improvements to the Rock
Creek basin, the channel itself running north to south through our city.
With the completion of these projects, all of the
projects promised with the aforementioned bonds will be completed, and 19 of
the top 20 stormwater projects in the Master Plan will have been funded or
constructed. All told, the City has managed to have under construction nearly
$15 Million worth of capital projects this past year.
As areas north of Gladstone develop, our community
will continue to see increases in traffic. Traditional Public Safety crime
issues will persist, as will traffic congestion and air quality issues.
The City must strive relentlessly for a safer traffic environment, and enhance
the safe flow of traffic throughout the city.
For the first time in 15 years we are also staring the
question of our ambulance service squarely in the eyes. Gladstone provides the
finest primary ambulance service available, but we often must rely on M.A.S.T.
or other agencies for backup service. The day will soon come that we must
decide as a community if we are satisfied with the current arrangement for
secondary service or if we wish to find a way to pay for the level of service we
have all come to expect - regardless of what time we call for help. Personally,
I will support whatever means are necessary for us to be in the full-fledged
ambulance business for our residents.
The Special Road District has been a tremendous
partner for the City in making road improvements and subsequently this Council
feels we must assist in making sure the Road District funds are not cut by Clay
County and that they are distributed appropriately. A sampling of road projects
being designed or constructed are Main Street from 61st Terrace to 64th Street,
North Woodland north of 76th Street, 64th and Antioch by St. Andrews Church,
the Pleasant Valley Road realignment, and the design of North Holmes from 70th
Street to 72nd Street. Last year we spent roughly $1 Million on overlay, slurry
seal, and reconstruction projects alone.
The Water System will continue to see the City focus
on the replacement of 2-inch lines throughout the city, the replacement of the
water line adjacent to North Oak, and the upgrading of antiquated water meters
that allow for “free” water. We will also continue to monitor and work to
eliminate storm water infiltration of the sanitary sewer system, which will
help control the sanitary sewer charges assessed to Gladstone residents by the
City of Kansas City.
The tornado of 2003 made all of us realize how
important, and what a valuable tool, regionalism is for our community. We are
privileged to be a part of the Kansas City metropolitan area and we should
participate in sustaining its strength. The assistance we received from area
cities in the aftermath of both the tornado and the amphitheatre fire was
invaluable and truly appreciated by everyone in our community. The fact of the
matter is that we participate in that regionalism in many different ways, some
of which may not be of knowledge to our residents. The City participates in
many Mid-America Regional Council committees and the City has taken a
leadership role in MARC’s First Tier Suburbs Coalition, Total Transportation
Planning, MARC City Managers Roundtable, Long Range Transportation Planning,
Operation Green Light (an air quality and transportation initiative), Metro
Trails, and the Insurance Trust. We have recently become an active participant
in the ongoing Bi-State Tax discussions and the City Manager and I recently
facilitated an effort that may result in a meeting of all metropolitan
mayors from both sides of the state line to discuss the issue. The City is also
active in the Kansas City Chamber of Commerce Regional Alliance, which is
analyzing regional assets and funding mechanisms, and we had discussions
recently with several area mayors to build interest in establishing a working
Northland Mayor’s Council. And we have developed and are aggressively promoting
a comprehensive legislative agenda at both the state and federal level.
Not only are we involved in regional issues, but
several staff members and council members are involved in their professional
and national associations. I commend each of these individuals for taking
leadership roles in their professions, and with the Missouri Municipal League,
City Managers Association, and National League of Cities.
Finally, I would like to recognize the many citizens
who are serving as advisors and commissioners for the city. These people donate
countless hours serving our community and are invaluable advisors to the
Council. In addition to the boards and commissions, a citizen-based strategic
planning effort commenced this past year. In placing recommendations for our
future in the hands of our residents and business owners, “Gladstone on the
Move” is utilizing the talents of more than 100 stakeholders in developing a
long-range plan for our community, a plan that will be the foundation for
future decision makers in our city.
It has been said, “Facts do not cease to exist because
they are ignored.” We have challenges at City Hall, but we have addressed them
head-on and we will continue to address them head-on. But we also have a wealth
of opportunity and it’s exciting to think about the potential of
our community. We are on the cusp of making things happen that we’ve been
talking about around here for 25 years or more, and we have the people in place
to make those things happen, many of whom are in this room tonight.
It is truly my honor and privilege to work with a team
of such dedicated, professional staff and City Council members - true public
servants - as we continue the work of making Gladstone the wonderful community
that we all enjoy. Thank you for your time.
Note: End of
Mayor Les Smith’s State of the City Address.
Item 6. on the Agenda. FIRST READING BILL 04-15, declaring the results of the Tuesday, April 6, 2004, Gladstone General Election as certified by the Clay County Board of Election Commissioners that City Council Candidate Les Smith has been elected to a Three Year Term on the Gladstone City Council.
Councilman Bill Cross moved to place Bill 04-15 on
First Reading. Mayor Pro Tem Wayne Beer
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 04-15, Waive the Rule and place the Bill on Second and Final
Reading. Mayor Pro Tem Wayne Beer
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 04-15 and enact the Bill as Ordinance 3.907. Mayor Pro Tem Wayne Beer 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 7. on the Agenda. CITY COUNCIL OATH OF
OFFICE: LES SMITH.
City Clerk Cathy Swenson gave the oath of office to Les Smith for a three year term on the Gladstone City Council.
Item 8. on the Agenda. REMARKS FROM THE CITY COUNCIL.
Mayor Smith thanked City Clerk Cathy Swenson and stated there were a few people he would like to specifically thank tonight. Mayor Smith thanked all present who offered their support this election through contributions, sign locations, encouragement and their vote. Mayor Smith said he felt the re-election of an incumbent reflects the attitude of the electorate towards the services provided by their government. This recent election speaks volumes to the competency and professionalism of City staff as well as this Council.
Mayor Smith continued by thanking Art Hammen, who was his campaign Chairman; Kelli Clayton, Treasurer; Dick Davis and Paul Degenhardt, who were the chief fund raisers; and Councilman Beer and Mayor Smith’s son Jason, who were in charge of the signs. Mayor Smith thanked Nancy Thompson, who was the lady of all lists, and who is running for Clay County Assessor this November. Mayor Smith thanked his mother, and stated he knows these nights are bittersweet because of the memories of his father, but knows he set the course of his family giving back to the community, and he would be proud that they continue to do so. Mayor Smith thanked his son Jason, his daughter Jennifer, and his wife Rhonda and stated he appreciated them giving up time with him, during this past year.
Item 9. on the Agenda. ELECTION OF MAYOR AND OATH OF OFFICE.
Mayor Les Smith presided and opened nominations for the office of Mayor of the City of Gladstone. Councilman Carol Rudi nominated Wayne Beer for Mayor. Councilman Bill Cross seconded the motion. There being no further nominations, Mayor Smith asked for a vote. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
The City Clerk administered the Oath of Office for the position of Mayor of the City of Gladstone, Missouri to Mayor Pro Tem Wayne Beer.
Item 10. on the Agenda. REMARKS FROM THE CITY COUNCIL.
Mayor Wayne Beer expressed his thanks to all who supported him and those who have confidence in the City Council. Mayor Beer stated in the past year there have been a number of activities, and he felt the City had the right person in the right job at the right time. Mayor Beer named a few events that occurred over the last year: the rebuilding of the Gladstone Amphitheatre, handling the issues of the May 4th tornado, the Gladstone Plaza redevelopment, and stated Councilman Smith has done an outstanding job in leading the City through these issues. Mayor Beer stated he hoped in this next year that while the City is continuing in its development efforts, there will be fewer problematic issues than last year. Mayor Beer said Councilman Smith has been a good mentor, and Mayor Beer hopes he can continue the good work Councilman Smith has started.
Mayor Beer introduced his wife, Judy, who has been a good deal of support, and his father in law, Jim Huffman, who just celebrated his 90th birthday.
Councilman Les Smith congratulated Mayor Wayne Beer on his election as Mayor of our community, and stated he has gotten to know Mayor Beer over the last couple of years. Mayor Beer is a deep thinker, very conscientious, and has only the best interests of Gladstone at heart. Councilman Smith said the Council has done themselves proud in electing Wayne Beer as Mayor, and wished Mayor Beer the best of luck.
Mayor Beer thanked Councilman Smith.
City Manager Kirk Davis invited Judy Beer to step forward to accept a basket of flowers from City staff. City Manager Davis said the flowers are a way of saying thank you for allowing Mayor Beer to spend the necessary time to accomplish all the tasks as Mayor, and Staff appreciates the commitment Mayor Beer has made, and also appreciates the commitment of his wife, Judy.
City Manager Davis invited Rhonda Smith to step forward to accept a basket of flowers from City staff. City Manager Davis stated the flowers are a way of saying thank you for allowing Councilman Smith, this past year, to spend the necessary time to accomplish all the tasks as Mayor, and Staff appreciates the commitment Mayor Smith has made and also appreciates the commitment of his wife, Rhonda.
Item 11. on the Agenda. ELECTION OF MAYOR PRO-TEM
Mayor Wayne Beer invited nominations for the office of Mayor Pro-Tem. Councilman Bill Cross nominated Councilman Carol Rudi as Mayor Pro Tem of the City of Gladstone; Councilman Les Smith seconded the motion. There being no further nominations, Mayor Beer asked for a vote. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Les Smith, Councilman Bill Cross, Mayor Wayne Beer. (5-0)
Item 12. on the Agenda. REMARKS FROM THE CITY COUNCIL
Mayor Pro Tem Carol Rudi expressed her thanks and stated she wished to introduce two important people in her life, Bonnie Belknap, her mother, and Greg Strasser. Mayor Pro Tem Rudi stated she appreciates their support and the support of everyone in attendance.
Item 13. on the Agenda. Mayor Beer stated the City Council meeting would recess
for a reception and would reconvene at 8:30 PM.
Item 14. on the Agenda. Mayor Beer reconvened the City Council meeting and asked
the minutes note that all City Council members were in attendance.
Item 15. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Councilman Bill Cross moved to approve the Consent Agenda as presented. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
CONSENT AGENDA DETAIL
Councilman Bill Cross moved to approve RESOLUTION 04-21, adopting a revised “Investment Policy” establishing procedures for investing the financial assets of all funds of the City of Gladstone. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve RESOLUTION 04-22, accepting Temporary Construction Easements and Standard Easements from Property Owners in conjunction with the 59th Terrace Drainage Improvements Project (0209). Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve RESOLUTION 04-23, authorizing execution of a contract with Holiday Contracting, Inc. in the total amount not to exceed $131,808.50 for the Water Main Replacements Project (0490). Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve RESOLUTION 04-24, authorizing execution of a contract with Metro Asphalt, Inc. in the total amount not to exceed $420,257.35 for the 2004 Full Depth Replacement and 2004 Overlay Programs and authorizing Change Order No. 1 in the amount of -$39,065.25. (Project 045002-055001). Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve RESOLUTION 04-25, authorizing execution of a contract with Irvinbilt Company in the total amount not to exceed $112,600.00 for the Drop Slide at the Municipal Pool Project (046050). Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve RESOLUTION 04-26, authorizing acceptance of work under contract with Layne Christensen Company for the Well #1 Pump Replacement; and authorizing final payment in the amount of $20,418.00 for Project 034089. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve RESOLUTION 04-27, authorizing execution of a contract with Wincan America, Inc. in the total amount not to exceed $28,064.00 for the Sanitary Sewer VHS Conversion Project (044094). Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve a WINE TASTING LIQUOR LICENSE for American Drug Stores, Inc.; dba Osco Drug; 6129 North Antioch Road; Managing Officer: Dennis VanEmmerick. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve the FINANCIAL REPORT FOR MARCH 2004. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
REGULAR AGENDA
Item 16. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Lucille Taylor, 7523 North Virginia, provided to City Council members a copy of a document outlining her concerns. Ms. Taylor began by saying she is requesting a study and an update as soon as possible regarding the replacement and improvement of the storm drainage system from 76th Street south on North Virginia , along with sewer lines.
Ms. Taylor stated the City has failed to maintain or make improvements to her area’s storm drainage system in a timely fashion even though our tax money has paid for these improvements. Ms. Taylor said she would like the study to include the size of the storm drainage tiles and sewer lines as she believes they do not meet the codes set for the City of Gladstone. Ms. Taylor asked for the time frame for these improvements to be completed, as the only time she has seen any type of maintenance to the storm drainage system was in 1996, after she and her husband filed a complaint with the City’s insurance company for sewer back-up damage to her property located at 7523 North Virginia.
Ms. Taylor stated she will be completing a personal study of her own with her neighbors and citizens of Gladstone to get their input on any problem they have. Ms. Taylor said she understands a study was done by George Butler and Associates, and she would like to have a copy of their findings, and any improvements already completed by the City of Gladstone and what neighborhoods they were in and any studies regarding problems from 1996 to present.
Ms. Taylor said she would have her letter registered and a notarized request by the May 24, 2004, City Council meeting, along with her survey notarized and the study notarized. Ms. Taylor apologized for bringing this issue to City Council on such a wonderful occasion, and thanked Assistant City Manager Scott Wingerson for seeing her this afternoon on such short notice. She asked for an easement from the property line to the street. Ms. Taylor stated she assumed she lived on the wrong side of the street. When one goes down the hill of her street, the houses on the east side of the street back right up to the sewer system. Ms. Taylor said she lives on the wrong side of the street, where her sewer line goes from her house, underneath the street, over to the connection on the sewer line.
Ms. Taylor said she and her husband have had problems since 1996, and every year they have come to City Hall to discuss this issue. In 1996, Duke Services did a survey, and she has copies of that survey. Ms. Taylor said she will have all of this notarized and documented for the May 24, 2004, City Council meeting. Ms. Taylor stated she would like to have a study of the storm drainage system and when these improvements are going to be made. Ms. Taylor said she has talked to City Manager Davis, who has been kind enough to see her before. Ms. Taylor stated she knows people must think she is the “wicked witch of the west”, but she is not, and she is getting too old to fight City Hall and the storm drains. Ms. Taylor said her husband is retired and they cannot afford $8,000 to dig up the street in Gladstone to repair a line under the street, when their neighbors across the street don’t have to do that. Ms. Taylor requests the survey by May 24, 2004, or have some information by that time. She does not wish to be passed by any more.
Mayor Beer thanked Ms. Taylor for her attendance and stated City Council members appreciate her concerns. Mayor Beer explained the City is trying to solve problems which have developed over several years in the past, when there was lack of storm water planning.
Ms. Taylor stated developers in the past were allowed to install substandard clay tile in developments they built. This did not occur in this generation of City Council members or City management. Ms. Taylor asked that City Council commit tonight to conducting a study.
Councilman Les Smith asked Ms. Taylor if she lives on the east or west side of the street.
Ms. Taylor replied she is uncertain, but believes she lives on the west side.
Councilman Smith asked for clarification if Ms. Taylor is having storm drainage problems or sanitary sewer problems.
Ms. Taylor replied she is having sanitary sewer back-ups that are coming from the middle of the street and not from her house.
Councilman Smith stated, as he recalls, the issue is Ms. Taylor has a stub that runs from her house to the City main, and because the main is across the street, and her stub runs under the right of way, Ms. Taylor feels it is the City’s responsibility to fix her problem.
Ms. Taylor replied that is correct, and stated there are other cities with the same demographics as Gladstone who has that policy. Ms. Taylor stated she will have that information at the May 24, 2004 meeting.
Councilman Smith asked if Ms. Taylor is requesting a study in her area or all of Gladstone.
Ms. Taylor replied she would like a study of all of Gladstone.
Councilman Smith stated he did not think the City could do that, and does understand Ms. Taylor is frustrated with the problem, but this same Council made a policy decision about a year ago that the City cannot be responsible for issues such as this. Councilman Smith said he does not believe all communities assume responsibility for this type of issue. Councilman Smith continued by saying he would defer to Staff as to what can be done, but to do a complete study would cost more money than he believes Ms. Taylor would wish to pay.
Ms. Taylor agreed and stated she also does not wish to pay the $8,000 to $11,000 to tear up a street that belongs to Gladstone, when her neighbors across the street do not have to do the same.
Councilman Smith asked City Manager Davis to bring the Council up to date on this issue.
City Manager Kirk Davis replied that Ms. Taylor has brought up two issues. Relative to storm water, Staff will look at the Master Plan that was done approximately two years ago to see what projects are in the area of 76th and Virginia and how they may have impacted Ms. Taylor’s home. Her real issue is sanitary sewer, and as Councilman Smith pointed out, the main is on the other side of the street. The City’s policy has been not to repair private laterals or private water lines between the main and the house. City Manager Davis said Ms. Taylor is correct, the main is on the other side of the street, so there is a longer run than her neighbors across the street. That is really the policy issue before the Council, although City Manager said he does not expect direction tonight. Staff prefers to look into the options as has been requested.
Ms. Taylor said she and her husband offered to pay their portion of tearing up their yard to the street, and have made that offer since 1996. They have never asked the City to pay the entire cost.
City Manager Davis stated Ms. Taylor has been in contact with the City in the past and each of those times Staff has televised the City main, which has been clear. City Manager Davis said he believes the information Ms. Taylor has is there is a disruption in the lateral that is under the street.
Ms. Taylor said that is correct.
City Manager Davis said the question has to do with the policy of private property owners taking care of their laterals.
Ms. Taylor stated she has seen the film City Manager Davis mentioned, and it is not clear, and the City’s maintenance department does have a copy of the tape. Ms. Taylor said Steve, a manager, and she looked at the tape, and it is not clear.
City Manager Davis said he would review the report from Public Works, that stated the main was not blocked. He will review that again.
Ms. Taylor asked for information regarding the size of the main.
Mayor Beer stated that is information that can be easily provided to Ms. Taylor in May.
Ms. Taylor asked for a study of even just her street and the condition of that storm drain. Discussion was held this evening about all the storm water improvements; where are they being done – in Brooktree or Northaven Gardens, the new subdivisions?
Mayor Beer replied the improvements being made were established by order as to the complexities and severities of the areas. The City tries to address the biggest problems first, or an area that is affecting a larger part of the City.
City Manager Davis remarked that work begins downstream and work back up to the north. North Virginia and 76th Street is north of the basin.
Mayor Beer stated the City has a program for renovating, repairing, and improving the City’s storm water system, but this is not something that can be done all at once.
Ms. Taylor replied she would like to know when improvements are going to be made on her street, and she would like to have a date when that will be done.
Mayor Beer stated Ms. Taylor can probably be given an approximate time frame.
Ms. Taylor said that would be great. Ms. Taylor stated she brought a letter to City Hall in 2001, and gave each City Council member a copy of the letter, before speaking with City Manager Davis. The only person who opened up the letter was Councilman Smith, and she thanked him for that. Nothing was done, but Councilman Smith called Ms. Taylor. Ms. Taylor asked for confirmation that this issue will be on the May 24, 2004 meeting.
Mayor Beer replied he believed that would be possible.
Ms. Taylor thanked the Mayor and Council and apologized for bringing this issue forward on such a wonderful occasion.
Mayor Beer thanked Ms. Taylor.
Donald Harper, 1606 NE 68 Terrace, stated, as a resident of Gladstone, he wished to say thank you to the Mayor and City Council, and said former Mayor Smith’s State of the City address was very meaningful and right to the point. Mr. Harper said he would like to see the address posted on the City website, where potential residents could see it. Mr. Harper thanked the City Council and the hard working City staff members.
Mr. Harper stated he did have a complaint. Recently City Council made an amendment to the ordinance regarding recreational vehicles and motor vehicles that they could not be parked over City sidewalks. Mr. Harper said he applauded that decision. Although in his neighborhood it has resulted in these vehicles being parked in the street, creating some traffic hazards when trying to see around a corner where they are parked. Mr. Harper said he felt City ordinances should preclude parking of recreational vehicles in the street, and asked the City Council to consider this issue.
Item 17. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Bill Cross stated he looked around the audience and noticed there are eight former mayors in attendance this evening. That is tremendous support. There are also many former Council members in attendance, as well as over 20 people that are on Boards and Commissions. This is absolutely fantastic that so many attended the dedication this evening, and continue to support the City. Councilman Cross thanked those in attendance for their support this past year, and stated it has been a good year, and a good past 50 years in Gladstone with the leadership the City has enjoyed.
Councilman Les Smith had no comments at this time.
Councilman Joe Evans congratulated Mayor Beer and Mayor Pro Tem Carol Rudi.
Mayor Pro Tem Carol Rudi had no comments at this time.
Mayor Wayne Beer had no comments at this time.
Item 18. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis reported the City-wide Beautification Event in Central Park will be April 23rd through April 25th. The Brush Disposal event will be April 30th through May 2nd at Public Works. On April 24th, the Department of Conservation will be conducting a seminar on tree planting and care, as part of our Tree City designation. This is scheduled for 10:00 AM at City Hall. City Manager Davis mentioned the banner on display in the lobby was given to the City by Oakwood Manor Elementary School students at the City’s Arbor Day celebration held April 2, 2004 in Flora Park. City Manager Davis expressed the City’s appreciation for the support of Oakwood Manor School and the students that attend the school.
Item 19. on the Agenda. A PUBLIC HEARING for consideration of a request to rezone from R-1, Residential to RCH-1P, Residential Cluster Housing Planned at property located east of and adjacent to M-1 and north of 72nd Street. Applicant: Liggett Construction, Inc. Owners: Daniel Hughes, Daniel Nelson, Francis Nelson. (File #1221).
Mayor Beer 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 stated the applicant is requesting two actions from City Council, this evening, a zoning change from R-1, Residential to RCH-1P, Residential Cluster Housing Planned, and a Site Plan approval to allow construction of 87 primarily owner occupied town homes contained within 22 separate buildings. Primary access to the development is North Indiana at its intersection with 72nd Street. There is an emergency access provided from M-1 Highway into the development for emergency use only. Mr. Wingerson stated he wished to highlight a few of the conditions. Stormwater plans will be developed as part of the engineering of this project and submitted to the City, meeting all of the current regulations prior to development. Trees shall be marked for removal and inspected by City staff prior to removal. The intent of this condition is to ensure the area around the outside of the development is maintained in its natural state to a degree possible.
Mr. Wingerson reported from the site visit the Planning Commission conducted, they recommend a 20-foot buffer on the south side of this development, adjacent to the Tall Timber subdivision. The developer has agreed to make certain this occurs. A slight change in the draft bill is Condition No. 6, which currently says one tree will be located in the front yard and one tree in the rear yard of each unit. The applicant is requesting that be changed to read two trees per unit. Staff has no objection to that change. Yard lighting shall be installed for each unit or street lights shall be installed by the developer and dedicated to the City is Condition No. 7. Staff maintains this is an appropriate condition. The applicant, tonight, will object slightly to that. Another condition is a walking trail from the proposed walking trail in Happy Rock Park on the west side of Antioch Road to the bridge at M-1 Highway. The developer has secured the rights to do this from an adjoining property owner, and has agreed to this condition.
Applicant Presentation
Jim Kraatz, Lutgen and Associates, began by saying with him were Terry Liggett and Maggie Jones, who are representing the developers. The proposed residential development consists of 87 units, with the maximum of 4 units attached and there are some 3-unit buildings. Mr. Kraatz pointed out the North Indiana access on the plans he had on display. The property would be accessed through an easement by continuing North Indiana through the proposed development property and creating a loop street. Mr. Kraatz pointed out a secondary, emergency only access to Missouri Route 1 Highway. The Missouri Department of Transportation has approved this location, and his firm will work with them with the details and actual construction drawings.
Mr. Kraatz said this is a heavily forested area and it is his intention to save as many trees as possible, and pointed out the areas where the trees are to be removed. It is proposed to save the trees on the south and west property lines, with the exception of where the connection is with Missouri Route 1 Highway. Mr. Kraatz pointed out where the trail will be constructed from the project to Happy Rock Park. Necessary easements will be obtained to construct the trail. Mr. Kraatz ended his report and asked if there were any questions from Council.
Councilman Bill Cross noted that with the removal of the trees and the hilly terrain in part of the project area, a lot of dirt will have to be moved.
Mr. Kraatz agreed a lot of dirt will be moved.
Mayor Beer stated the emergency access is a concern to him, and asked for an approximation of the grade for the emergency access.
Mr. Kraatz replied it is planned to have an approximate 9 percent grade and pointed out that after meeting with Fire Department personnel, it was decided this will be a grass access with gravel underneath, designed to support a fire truck. Fire Department personnel were very receptive to this idea. A paved area that no one uses will not need to be maintained, nor will people be encouraged to use the area to park cars or block the emergency access route. The route will be marked by the Fire Department with a couple of markers and they would know the emergency access route was there, and no one else would know of it. Access off of MO Route 1 Highway would be controlled by a locked gate, with what the Fire Department calls a Knox Lock, which the Fire Department can unlock.
Mayor Beer noted when the proposed emergency access route becomes wet, there may be a concern that a fire truck going down this significant grade might unload the rear wheels and there may be an issue with loss of traction with such unloaded rear wheels. The fire truck may no longer have control. The same issue could be a concern in the winter when there is ice and snow.
Mr. Kraatz replied he discussed with Fire Department personnel the repercussions if the proposed access road became soaked, and it was decided that the design of the grass above the gravel would not be that deep, so the tires would hit the gravel base and not be stuck in the grass and the mud. Fire Department personnel were not concerned with winter weather. The trucks have the capability to put on chains and they did not see that as an issue.
Mayor Beer asked would it be too late to put on chains, when the truck is out of control going down a 9 percent grade.
Mr. Kraatz indicated on the plans how the emergency access road comes off the highway and how the highway is lower in an area and leads up to the grade.
Mayor Beer stated Mr. Kraatz’s explanation makes him feel a little more comfortable with the proposal.
Councilman Smith stated he fully supports the development of this property, however this is not a good enough answer for him. We are talking about a 9 percent grade that a vehicle would not only have to get down, but get up as well. What is proposed is one primary paved road in and out of a development that is going to have 78 housing units. If that street becomes blocked, we are not just talking about a fire truck getting onto the property, we are talking about an ambulance responding to a call to a property, or other emergency personnel trying to move someone from the property. Councilman Smith said it is his belief the emergency access route needs to be a paved route of some sort that will be kept clear. It does no good to get an ambulance into the property to save a life, if they cannot get out. Councilman Smith said he does not feel this is being addressed sufficiently.
Councilman Rudi stated the Planning Commission had some goals that they included in their recommendation, and one of those was reforestation and landscaping in the center of the development. Councilman Rudi asked Mr. Kraatz to discuss this issue.
Mr. Kraatz indicated on the plans the area where trees would be removed and where trees would be preserved. Regarding reforestation, two trees per unit will be planted. The reason his firm has requested that every house not have a tree in the front and one in the back is the ability to put more trees in the rear of the houses. Some of the houses will have two trees in the backyard and some will have one.
Councilman Rudi stated another concern of the Planning Commission was that the trees that are 14 inches in diameter are to be replaced with a combined diameter to equal those removed. Is there a plan to do that?
Mr. Kraatz responded there is not such a plan. With the amount of trees to be removed, that would be a lot of trees to replace.
Mayor Beer invited anyone to step forward to speak in Favor of the proposal.
Terry Liggett, 130 The Woodlands, stated he is the developer of the proposed project, and has been a resident of Gladstone since 1967. Mr. Liggett said he does not have a problem with the paved emergency access road. Mr. Liggett stated he does have a big problem, and will not do the project, if he has to replace all the trees as suggested. Mr. Liggett said he cannot afford to do this, and this property is not an easily developed property because of the hilly terrain.
There was no one Opposed to the proposal.
Mayor Beer closed the Public Hearing.
Mayor Pro Tem Rudi stated when the site plan is considered she felt City Council should take into consideration some of the items the Planning Commission requested. Replacing the 14-inch diameter trees may not be something that can be done. Councilman Rudi asked Mr. Wingerson if he felt this would be possible.
Mr. Wingerson replied it is possible to identify all of the 14-inch diameter trees and calculated into a number. From the site visit, his guess would be there are 200, 14-inch diameter trees. The reasonable size of a replacement tree would be 3 inches, so five trees would need to be planted for each 14-inch diameter tree. That is where Mr. Liggett’s concern comes in, such a large financial outlay on a piece of property that is already difficult to develop.
Mayor Beer stated this would equate to trees as thick as a lawn, that would probably be stunted. Trying to do an inch for inch is not a likely scenario.
Councilman Rudi stated she would like to see more than two trees per unit. If there are funds available, add more trees where possible. Councilman Rudi said she does not see that as part of the requirement, but would encourage Mr. Liggett to do that.
Mr. Liggett stated he wants the project to be as pretty as possible, and he understands the interest of the people who live in the Tall Timber subdivision. They have had trees for many years at the end of their cul-de-sac, and they would like to have as many preserved as possible. Mr. Liggett said he wants to do the same thing, and wants it to be a pleasant neighborhood, with as many trees as possible. One of the reasons he asked not to be required to have two trees in front of each unit is because some of the units are only 30 feet wide. With a two car garage, there would be only 10 remaining feet, where some of the others are 40 feet wide and two trees would work well. Mr. Liggett said he doesn’t object to a few trees, but a thousand trees is something he cannot live with. Mr. Liggett continued by saying it is Staff’s recommendation that he install either streetlights or yard lights. He was involved in a townhouse project at 72nd Street and North Brooklyn called Meadowlane. He put in pole lights in the center of each front yard. The people have taken them all out, because when they mow, they break the bulbs. What he would like to see Council approve on this project is dusk to dawn lights on an electronic eye on the house units, themselves. It provides safety and security to the neighborhood and it makes an attractive project.
Mayor Beer asked Mr. Wingerson if this is the intent of the Ordinance.
Mr. Wingerson responded by saying the intent of the Ordinance was to provide street lighting for the project. Some of the City’s neighborhoods are dark, and this is one way to address this issue by allowing the developer a choice between streetlights or yard lights. Mr. Liggett has done some nice projects, and Mr. Wingerson said he was sure this project will be no different, so if Council does not object to yard lighting that would be acceptable.
Councilman Smith asked Mr. Wingerson if he is still recommending yard lighting. Mr. Liggett has mentioned building lighting.
Mr. Wingerson replied this is a policy issue for City Council on what is required. In previous developments in the last 9 or 10 years yard lighting or streetlights have been required. Mr. Liggett has a different twist on that. If Mr. Liggett’s proposal meets the needs and goals of the City and the Council, this may be the right way to go.
Mayor Beer said in some of the City’s previous developments, the building lighting was all that was deemed necessary. Some neighborhoods decide down the road they want streetlights, because their area is dark even with building lighting.
Mr. Liggett stated in his own residential area, the homes were required initially to have soffett lighting. He and some of his neighbors did not like the soffett lights, because they are hard to reach to replace, and his area approved low voltage lighting. To his knowledge, no one in his area has requested streetlights. In Meadowlane, they installed building lights, and it is a well-lit area without yard lights shining into their bedroom windows.
Councilman Smith asked if there will be a Homeowners’ Association in his proposed project.
Mr. Liggett replied yes.
Councilman Smith suggested the Homeowners’ Association stipulate the lights remain functional at all times, so a homeowner cannot remove the lighting.
Mr. Liggett agreed, and said he would have provisions where the lights could not be removed or rewired. He has not had anyone try to do that, in fact his biggest problem is supplying bulbs. Mr. Liggett said he has installed lighting that shines down and he has installed longer life light bulbs, which has been a big help compared to what is bought at the store. His favorite lights are floodlights that shine up and light up the exterior of the building, which is attractive.
Councilman Cross stated based on what he has heard and based on Mr. Liggett’s reputation he will be voting in favor of this proposal. Councilman Cross said he appreciates the longevity Mr. Liggett has in Gladstone and willing to invest even more money in our City. Councilman Cross wished Mr. Liggett good luck.
Mr. Liggett thanked Councilman Cross, and said he would have proposed a project earlier, but has not been able to find Gladstone property to develop.
Item 19a. on the Agenda. FIRST READING BILL 04-16, rezoning property located east of and adjacent to M-1 and north of 72nd Street from R-1, Residential to RCH-1P, Residential and Cluster Housing, Planned. Applicant: Liggett Construction, Inc. Owners: Daniel Hughes, Daniel Nelson, Francis Nelson. (File #1221).
Councilman Bill Cross moved to place Bill 04-16 on First Reading. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the First Reading of Bill 04-16, Waive the Rule and place the Bill on Second and Final Reading. Mayor Pro Tem Carol Rudi seconded.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the Second and
Final Reading of Bill 04-16 and enact the Bill as Ordinance 3.908. Mayor Pro Tem Carol Rudi seconded.
Roll Call Vote:
All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill
Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.
Item 19b. on the Agenda. FIRST READING BILL 04-17, approving a Site Plan
subject to certain conditions at property located east of and adjacent to M-1
north of 72nd Street.
Applicant: Liggett Construction,
Inc. Owners: Daniel Hughes, Daniel Nelson, Francis
Nelson. (File #1221).
Councilman Les Smith moved to place Bill 04-17 on First Reading. Councilman Bill Cross seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to amend Bill 04-17 to change Condition No. 6 to state two trees in each lot, Condition No. 11 to state a paved access road will be in place prior to the construction of any units, and Condition No. 7 stating yard lighting shall be installed for each unit or street lights shall be installed by the developer or an alternative method of lighting as approved by City staff, and dedicated to the City. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 04-17 as amended, Waive the Rule and place the Bill as amended on Second and Final Reading. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the Second and
Final Reading of Bill 04-17 as amended, and enact the Bill as Ordinance
3.909. Mayor Pro Tem Carol Rudi
seconded.
Roll Call Vote:
All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill
Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.
Item 20. on the Agenda. PUBLIC HEARING for
consideration of a request to rezone from R-1, Residential and CP-O, Commercial
Planned Non-Retail, to CP-3, Commercial Planned on property located at 6110
North Oak Trafficway.
Owner/Applicant: Larry &
Connie Myers. (File #1222).
Mayor Beer 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 two actions, one is a zoning change from the current classification
of R-1, Residential and CP-O, Commercial Planned Non-Retail to CP-3, Commercial
Planned, and Site Plan approval to allow development of an automobile sales
facility in the vicinity of 61st Street and North Oak. The surrounding land uses appear appropriate
to support this type of development. To
the west is Bircain Apartments, multi-family; to the north is the City’s Fire
Station that is under construction, and a self-serve car wash to the south. Across the street is retail and residential
in the Village. The developer will show
a plan tonight and in City Council packets there is included some future
planned areas. The Planning Commission’s
recommendation is that those areas be excluded from Council’s consideration and
focus be primarily on the main development, which is a building, customer and
employee parking, and vehicle display.
Mr. Wingerson said he would like to highlight three
recommended conditions in the draft ordinance relating to the site plan. Condition No. 4. states in compliance with
the Comprehensive Plan, one car deep display area is permitted. This area shall be separated from the general
sales area. Mr. Wingerson stated in this
application, this is accomplished through a series of retaining walls and
existing topography. Condition No. 5 states
the building signage is compliant and a monument sign should be utilized. Condition No. 6 states a 15 foot green space
shall be provided on private property adjacent to North Oak. Mr. Wingerson reported these conditions are
consistent with previous automobile dealership approvals. Planning Commission is recommending to City
Council approval of both requests with removal of the future planned areas in a
unanimous fashion.
Mayor Beer recessed the City Council meeting for
five minutes.
Mayor Beer reconvened the City Council meeting.
Mayor Pro Tem Rudi inquired into the possibility of
a right of way dedication, so a center left turn lane could be constructed.
Mr. Wingerson replied he felt that is an excellent
suggestion, and if City Council would support this, a plat would come forward
in the future to ensure the right of way can be dedicated or considered by the
Planning Commission and City Council.
Mayor Pro Tem Rudi asked if this needs to be done at
this point.
Mr. Wingerson replied no.
Applicant Presentation
Michael Schneider, Hoefer Wysocki Architects, stated he was present to
represent the owner/applicant Larry and Connie Myers. Mr. Schneider stated he believed the
development that is being proposed is the kind of development that Gladstone
has or is moving towards. The
development is reflective of the adjacent Fire Station in the quality of design
and the materials that are proposed. Mr.
Schneider pointed out the Site Plan includes the landscaping buffer along North
Oak Trafficway.
Mayor Pro Tem Carol Rudi asked if there is a problem
removing the future sites for the storage and the drive from the site plan for
consideration tonight.
Mr. Schneider replied he would have to defer to the
applicant.
Larry Myers, 71 The Woodlands, stated he does object to
removing these future sites, but does not oppose removal, as he needs to move
this project forward. He would love to
have this in the future, but it is not part of the current project.
Mayor Beer invited anyone to step forward to speak
in Favor of the proposal.
Lee Bussinger, 3209 NE 59th Terrace, stated he felt City Council
is considering two good proposals this evening.
One proposal was Mr. Leggett’s, and it was approved, and the proposal of
Mr. Myers. Mr. Bussinger said he knows Mr.
Myers and knows he runs a good business and he worked very hard to keep his
business in the City of Gladstone. Mr.
Bussinger said he thinks Mr. Myers is proposing a nice facility that will add
to and enhance North Oak Trafficway, which is what the City has been working
towards for many years. As a resident,
Mr. Bussinger said he supports this proposal and hopes the City Council will
approve it.
Mayor Beer invited anyone to step forward to speak
in Opposition of the proposal.
Galen Neill, 6010 North Wyandotte, stated he is not completely
opposed to this proposal of a car lot, but is opposed to the proposal
progressing to this point if certain things are not done. Mr. Neill said he liked what Councilman Rudi
said about a left hand turning lane. Mr.
Neill stated he had an accident and was rear-ended making a left hand turn on
North Oak Trafficway on February 29, 2000.
As a result of that accident, he had an injury, and he has never
forgotten about that turn. This is a
very dangerous location. Mr. Neil said
he feels there needs to be a left hand turn lane. Mr. Neil continued by saying if one is
southbound on North Oak Trafficway and make a right hand turn onto 61st
Street, there is traffic that comes out of Priscilla’s. There have been many times he has made a turn
there, going westbound and would have to wait, partially blocking the traffic
on North Oak Trafficway, in order to get around the people waiting to exit 61st
Street turning left onto North Oak. Mr.
Neill said he would appreciate consideration of preventing a left hand turn out
of Priscilla’s.
Councilman Smith asked Mr. Wingerson if the
possibility has been considered to getting the parties involved to cooperate in
what is shown on Mr. Myers’s plan as a proposed future drive. Perhaps this would accommodate him and better
a situation that Mr. Neil just spoke about.
Mr. Smith asked if it would be feasible to create that proposed future
drive, closing Priscilla’s current drive, and Mr. Myers and Priscilla’s would
share the proposed future drive.
Mr. Wingerson replied there was some consideration
given as to how to improve the intersection in a sort of “stop gap”
approach. Mr. Smith’s suggestion was
considered, but did not go any further based on the Planning Commission’s
recommendation of eliminating the proposed future areas. There was not an opportunity to refine that
for discussion tonight.
Councilman Smith asked if there was discussion that
the Planning Commission might be willing to visit this suggestion if it would
mean closing the Priscilla’s drive and would eliminate that dangerous
situation.
Mr. Wingerson replied, without speaking for the
Commission, it would be his guess they would support anything that would
improve the situation and allow both businesses to co-exist.
Councilman Smith asked, in order to not hold up Mr.
Myers, would it be possible to have this discussion when the plat is
considered, and then perhaps it would accommodate Mr. Myers and would alleviate
a bad situation as well.
Mr. Wingerson
replied yes.
Councilman Smith stated there was some discussion
regarding stormwater detention and what that might do to the thick woods in the
area.
Mr. Wingerson replied Mr. Eiler of Aylett Flowers
Survey & Engineering Company was present and would be better able to
address the stormwater detention and the removal of some of the trees of the
low area of the southwest corner of the property. Mr. Wingerson said he believed the damage
would be generally minimal and just enough to get the necessary storage.
Mayor Pro Tem Rudi stated she had also wondered
about combining the drives with the existing retail, and would really like to
see the retail drives combined into one that would exit at the proposed drive
of the auto sales.
Councilman Smith suggested Mr. Wingerson look at that
and bring a recommendation back to City Council. That might even warrant traffic control in
the future.
Larry Myers, 4635 N. Holly Court; Kansas City, MO, who is the applicant, stated
that his business sharing a drive with Priscilla’s cannot happen. There is too much of an elevation difference
between the two properties and the driveway he proposed leading to 61st
Street would not connect to property belonging to Priscilla’s. Priscilla’s property line stops at the back
of their building, and then the elevation drops off about 20 feet or
better. Mr. Myers said he does not see
any way he would want to share a driveway with Priscilla’s on that piece of
property, when they would have to go on his property to get off of their
property. Mr. Myers said he wanted an
additional exit for possible emergency vehicles but was told “no” by the
City.
Mr. Myers’s said his traffic would exit on 61st
Street, which is behind Priscilla’s. Mr.
Myers said this was a proposal for the future for City services and so forth,
but he can get by with the one exit onto North Oak Trafficway. The 61st Street drive would not
help with Priscilla’s, because all their business is in the front. They do not own any of the property behind,
and cannot enter or exit that way.
Mayor Pro Tem Rudi said the Council has encouraged
shared drives along North Oak Trafficway when possible.
Mr. Myers said all of Priscilla’s parking is in the
front.
Mayor Beer stated part of North Oak’s problem is
there is a multitude of curb cuts all along that street that are located too
close together.
Mr. Myers said he would love to have a traffic
signal in that area, but not at his expense.
Mr. Myers stated, it is sad, but Priscilla’s puts a lot more traffic
onto North Oak than he ever will. There
is a lot of traffic at Priscilla’s. His
traffic will be minimal, but there is no physical way to share the
property.
Councilman Smith stated he thought perhaps
Priscilla’s could have a shared exit on the north side of their building and
the south side of Mr. Myer’s property.
Mr. Myers replied there will be a retaining wall on
the south side of his property that will be about two feet higher than
Priscilla’s, and he does not want to be on the same parking lot as
Priscilla’s. He wants to be slightly
elevated.
Councilman Smith said he was trying to find a way to
get Mr. Myers his future drive.
Mr. Myers expressed his appreciation, but said it is
not necessary. He included the drive in
his proposal for the future in case he ever needed it. He was once told if you ever want anything in
Gladstone, put it down now, in the event you might want it later.
Mayor Beer commented
the issue here has partially to do with the safety of the 61st
Street intersection, but traffic warrants do not permit any significant changes
to that intersection at this point. It
appears this proposal will have little impact on this intersection, so Council
needs to consider the merits of this site without discussion of the
intersection having an effect upon the proposal.
Mayor Beer closed the Public Hearing.
Mayor Pro Tem Rudi remarked she felt the direction
Council is trying to go with this proposal is to work out the best solution for
all involved. When the plat comes
forward, City staff is asked to consider what was discussed tonight.
Item 20a. on the Agenda. FIRST READING BILL 04-18, rezoning property located
at 6110 North Oak Trafficway from R-1, Residential and CP-O, Commercial Planned
Non-Retail, to CP-3, Commercial Planned.
Owner/Applicant: Larry & Connie
Myers. (File #1222).
Councilman Bill Cross moved to place Bill 04-18 on First Reading. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the First Reading of Bill 04-18, Waive the Rule and place the Bill on Second and Final Reading. Councilman Les Smith seconded.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the Second and
Final Reading of Bill 04-18 and enact the Bill as Ordinance 3.910. Councilman Les Smith seconded.
Roll Call Vote:
All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill
Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.
Item 20b.on the Agenda. FIRST READING BILL 04-19, approving a Site Plan
Revision subject to certain conditions for property at 6110 North Oak
Trafficway, and specifically relating to construction of an Auto Sales
Facility. Owner/Applicant: Larry & Connie Myers. (File #1222).
Mayor Pro Tem Carol Rudi moved to place Bill 04-19 on First Reading with the amendment that added to the list of conditions would be Condition No. 12, that areas labeled “future vehicle storage areas” and “future drive” are removed from the Site Plan. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Mayor Pro Tem Carol Rudi moved to accept the First Reading of Bill 04-19 as amended, Waive the Rule and place the Bill on Second and Final Reading. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Mayor Pro Tem Carol Rudi moved to accept the Second
and Final Reading of Bill 04-19 as amended, and enact the Bill as Ordinance
3.911. Councilman Les Smith
seconded.
Roll Call Vote:
All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill
Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.
Item 21. on the Agenda. FIRST READING BILL 04-20, repealing Ordinance No.
3.863 (Code Section 29-66 (A), (B) (1) and (B) (2), and enacting a new
ordinance levyng Sewer Service Charges and Commodity Rate Charges in the City
of Gladstone, Missouri.
Councilman Les Smith moved to place Bill 04-20 on First Reading. Councilman Bill Cross seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 04-20, Waive the Rule and place the Bill on Second and Final Reading. Councilman Bill Cross seconded.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the Second and
Final Reading of Bill 04-20 and enact the Bill as Ordinance 3.912. Councilman Bill Cross seconded.
Roll Call Vote:
All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill
Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.
Councilman Smith stated it might be appropriate to
explain to the audience the changes are only reflective of the increase in the
rates charged to us by the City of Kansas City, Missouri for treatment of our
sewer.
Mayor Beer agreed and explained this is just a “pass through” charge. Our City contracts with Kansas City, Missouri for sanitary sewer treatment, and when they raise their rates, it becomes incumbent for Gladstone to raise rates in a like amount, which is what was done tonight.
Item 22. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 23. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 24. on the Agenda. ADJOURNMENT.
There being no further business to come before the
April 12, 2004, Gladstone City Council Meeting, Mayor Beer asked for a motion
to adjourn the Regular Meeting.
Councilman Bill Cross moved to adjourn the Regular April 12, 2004, City Council Meeting. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Mayor Beer adjourned the Regular April 12, 2004 City Council Meeting.
Respectfully submitted:
__________________________
Cathy
Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Wayne Beer