MINUTES
CITY COUNCIL MEETING
REGULAR MEETING
MONDAY JUNE 14, 2004
PRESENT: Mayor Wayne Beer
Mayor Pro Tem Carol
Rudi
Councilman Bill Cross
Councilman Les
Smith
Councilman Joe
Evans
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: City Manager Kirk Davis
Mayor
Wayne Beer opened the Regular June 14, 2004, City Council Meeting at 7:30 PM in
the Gladstone City Council Chambers.
Item
3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor
Wayne Beer led the Pledge of Allegiance, in which all joined.
Item
4. on the Agenda. APPROVAL OF THE
REGULAR MAY 24, 2004 CITY COUNCIL MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular May 24, 2004, City Council Meeting Minutes as presented. Councilman Les Smith seconded the motion. The vote: All “aye” - Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Item 4a. on the Agenda. SPECIAL PRESENTATION OF FUNDS TO CITY by Gladstone
seventh-grader, Brittany Sanders, who was recently honored during the
“Prudential Spirit of Community Awards” for volunteerism at the national award
ceremony in Washington, D.C.
Presentation of funds will be made for the purchase of hearing-impaired
smoke detectors for
Mayor
Wayne Beer invited Brittany Sanders, Clay County Commissioner Craig Porter, and
Fire Bureau Commander Doug Scheffner to step forward. Mayor Beer explained Commissioner Porter and
Fire Bureau Commander Scheffner have been working for some time with Ms.
Sanders on the purchase of hearing-impaired smoke detectors, and asked
Commissioner Porter and Commander Scheffner to talk a little about their
involvement.
Fire Bureau Commander Scheffner began by saying Ms. Sanders contacted his department several years ago expressing interest in providing smoke detectors for the hearing impaired. Smoke detectors do not traditionally have the ability to aid the hearing impaired. Commander Scheffner met with his department and the City’s Fire Inspector in setting up a program to provide this service. There are few outlets that provide smoke detectors for the hearing impaired, which made the process difficult.
Commissioner Porter stated he met Ms. Sanders at a
veterans function after being in office for six months. Ms. Sanders was 7 or 8 years old at the time,
and he was very impressed with her, and thought he had better be nice to her,
as he probably would be working for her some day. Ms. Sanders, who is very active in veterans
issues, mentioned to Mr. Porter her interest in hearing-impaired smoke
detectors. Mr. Porter asked her at that
time what he could do to help. Mr. Porter
assisted with funding and with Ms. Sanders Kristin’s Kids website. Mr. Porter said it is refreshing to him to
find young people with the attitude that Ms. Sanders has not only in
volunteering, but also the gumption to get a job done. Nothing will stand in this lady’s way when
she is determined to get something done.
Mr. Porter stated it has been his pleasure to assist her and he hopes to
continue to assist her through Kristin’s Kids Club and other worthwhile
projects for the community.
Ms. Sanders began by saying she has two service
organizations for kids, Kristin’s Kids Club and Youth With Clear
Vision. Kristin’s Kids Club provides
service for kids in need, and Youth With Clear Vision assists veterans
with their causes. Ms. Sanders stated
she was recently honored with the Prudential Spirit of Community Award
for volunteerism. Ms. Sanders received a
four-day expense paid trip to Washington, D.C. for her mother and her, a $1,000
award to use however she chose, and a medallion. Ms. Sanders said in thinking about the $1,000
award and what she could spend it on, she thought of shoes, clothes, and
jewelry, but then she thought of Mr. Porter, who inspired her to donate the
money to the Fire Department for the hearing-impaired smoke detectors. Ms. Sanders stated Mr. Porter has inspired her
and has set a good example for her as to how to get involved with the
community.
Ms. Sanders presented to Fire Bureau Commander
Scheffner a $1,000 check for the Gladstone Fire Division to be used for
hearing-impaired smoke detectors. Ms.
Sanders stated she also had a contribution from Kristin’s Kids Club and
Youth With Clear Vision, which was made possible by a contribution of over
$200 from Commissioner Porter, and contributions from an anonymous donor and
the Knights of Columbus. Ms.
Sanders said these funds total $265.00, and presented a check in that amount to
Fire Bureau Commander Scheffner.
Mayor Beer thanked Ms. Sanders and said because of young people like Ms. Sanders, our cities, counties, states, and the entire nation are in good hands.
Ms. Sanders thanked Fire Bureau Commander Scheffner
for the information on the hearing-impaired smoke detectors and for his
assistance with this project.
Fire Bureau Commander Scheffner replied it has been
a pleasure working with Ms. Sanders and he looks forward to working with Ms.
Sanders in the future.
Item 5. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Councilman Les Smith asked
that the Building Permit requested by Hy-Vee, Inc. be removed from the Consent
Agenda and placed on the Regular Agenda as Item 5a.
Councilman Bill Cross moved to accept the Consent Agenda as amended. 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).
CONSENT AGENDA DETAIL:
Councilman Bill Cross moved to adopt RESOLUTION
NO. R-04-40, accepting a Standard Easement from property owners in
conjunction with the 64th and North Oak-Gladstone L.L.C. Project at
the southwest corner of North Oak and NE 64th Street
(Walgreens). 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)
Councilman Bill Cross moved to adopt RESOLUTION
NO. R-04-41, accepting a Temporary Construction Easement, Permanent
Easement, and Right-Of-Way Parcel from a property owner in conjunction with the
Northeast 76th Street Reconstruction Project (985014). 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)
Councilman Bill Cross moved to approve a BUILDING
PERMIT for the interior and exterior remodel of Salon Jubils, 6704 N. Oak
Trafficway. Applicant/Owner: William M. Shepherd. (BP 04-0544).
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)
Councilman Bill Cross moved to approve a BUILDING
PERMIT for construction of a new building for auto sales located at 6110 N.
Oak Trafficway. Applicant: Hoefer
Wysocki Architects, LLC. Owner: Larry Myers.
(BP 04-0510). 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)
Councilman Bill Cross moved to approve the ANNUAL LIQUOR LICENSE RENEWALS for Quik Trip, 2590 NE 72nd Street; Quik Trip, 6309 NE Antioch Road; Wasahi, LLC., 328 NE 72nd Street; Hen House, 6475 N. Prospect; Smokehouse BBQ, 6304 N. Oak; and Northland Elks, 7010 North Cherry. 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)
Councilman Bill Cross moved to approve the FINANCIAL REPORT for May 2004. 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)
REGULAR AGENDA
Item 5a. on the Agenda. APPROVAL OF
BUILDING PERMIT for exterior store
elevation changes at Hy-Vee, 7117 N. Prospect.
Applicant/Owner: Hy-Vee, Inc. (BP
04-0072 Addendum).
Councilman Les Smith moved to approve a BUILDING PERMIT for exterior store elevation changes at Hy-Vee, 7117 N. Prospect. Applicant/Owner: Hy-Vee, Inc. (BP 04-0072 Addendum). Mayor Pro Tem Carol Rudi seconded.
Councilman Smith stated that perhaps as due diligence may not have been done when approving the building at Antioch and Pleasant Valley Road, he would like to ask what the back side of the proposal from Hy-Vee is going to look like.
Assistant City Manager Scott Wingerson replied he believes the color scheme will be very similar to the store at Englewood and North Oak Street Trafficway.
Councilman Smith stated the building he referenced at Antioch and Pleasant Valley Road, which is by St. Andrews Church, has three very nice sides, but the back side facing the homeowners looks like the backside of a building. Councilman Smith said someday the property east of Hy-Vee will be developed and those residents will be looking at the back of the building. Councilman Smith stated he would like to make it a practice of the City to address the backside of buildings by being certain that side is attractive for residents.
Mayor Beer suggested that any development that might occur on the east side of Hy-Vee is probably going to be back yards that back up to the back of Hy-Vee. Mayor Beer invited the architect for Hy-Vee to step forward.
Galen Birkman, 6408 Millbrook, Shawnee, Kansas, stated he is an employee of Bolce-Raidl-Rhea Architects, Inc., and his company is the architect for the proposed improvements for Hy-Vee. Mr. Birkman said it is proposed to paint the back side of the store to match the color scheme of the front side. The color scheme will match closest to the Hy-Vee store at Highway 40 and Noland Road in Independence, which is not too different from the one at North Oak and Englewood Road. Mr. Birkman said he understands there has been a noise situation at the Gladstone store that his company proposes to deal with in this project. It was thought to take a vent through the roof, but there is a lot of equipment up there right now. There is concern there will not be space to do that, so instead he is proposing to use a sound buffer screen in front of the noise, which will be the color of the wall adjacent to it.
Mayor Beer stated an expectation of Council is that whatever is proposed will be aesthetically pleasing to any future development near the store.
Mr. Birkman stated it is his intent to make the improvements blend into the building and not stand out in an unattractive manner.
Councilman Smith asked what the terminology is for the proposed improvement that will be above the roofline.
Mr. Birkman replied the terminology for the proposed improvement is a parapet.
Councilman Smith stated he wants to be sure the back has an aesthetically pleasing appearance from the backside when seen from that level.
Mr. Birkman said, knowing Council’s concerns, he would take measures to be certain the proposed improvements meet the expectations of Council. Mr. Birkman stated he was not certain whether it was an effice back or membrane roofing going on the back, but knowing the concern, he will be certain to address the appearance as discussed.
Councilman Smith asked Mr. Birkman to work with Mr. Wingerson and his department in an effort to dress up the back of the proposed improvements.
Mr. Birkman stated he is certain Hy-Vee would have no problem with that.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Anita Newsom, 7401 North Wabash, stated this last weekend was
the Blues Festival and it was great to see everyone enjoying the event. Ms. Newsom said she has been involved with
the Blues Festival since the beginning and has always volunteered in some
capacity, but has never spent as much time at the park as a volunteer as she
did this past weekend. Ms. Newsom
commended the City staff who were at the park providing services. The Parks and Recreation Staff, including
Parks and Recreation Director Sheila Lillis and Parks Supervisor Matt Hoops
were very accommodating and helpful. The
Public Safety support was wonderful and was very professional. The officers also had a soft caring side if
there was some sort of a need with a child or a medical injury. The officers maintained a sense of humor when
performing such duties as inspecting coolers coming into the park, putting
people at ease, and promoting the festival atmosphere.
Ms. Newsom said when push came to shove and the
festival had to be shut down due to the weather, the officers became in charge
for the health and safety of all present.
The Parks and Recreation staff also showed great support in the Sunday
morning clean up. Ms. Newsom concluded
by saying she wanted it on the record the great work and support of City staff
during the Blues Festival and she is proud to be a member of this community.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Joe Evans stated he wished to echo Ms.
Newsom’s sentiments. It was a fantastic
Blues Festival this weekend and Parks and Recreation Director Lillis and her
department did a great job as always.
Public Safety was outstanding and the clean up on Sunday was also
outstanding. It is hard to believe the
park can be cleaned up so quickly. A great
time was had by all who attended the Blues Festival.
Councilman Bill Cross agreed with Councilman Evans. Councilman Cross attended only one night as he was representing the City in Seattle on the first night. Saturday was fantastic. Law Enforcement officers did a great job patrolling the area and supervising thousands of people. Art Hammen, Matt Hoops and their groups did a very good job with the parking. Councilman Cross thanked Ms. Newsom for coordinating the volunteers for the Blues Festival this year.
Councilman Les Smith stated the Blues Festival is
a co-sponsored event with the Gladstone Area Chamber of Commerce, and Rhonda
Dugan and Chad Nichols were the designated Chairs from the Chamber. They did a fabulous job. Parks and Recreation Director Sheila Lillis
was at the festival and working very hard along with her staff. Councilman Smith thanked Ms. Newsom for
coming forward and expressing her appreciation to City staff members. Councilman Smith stated the citywide sale
seems to have had quite an impact; there were garage sales everywhere. Councilman Smith said it is uncertain how
many members of the business community participated, but hats off to Economic
Development Administrator Lynn McClure and the Gladstone marketing team for
thinking of this event. Councilman Smith
continued by saying he thought the event would fall on its face, but it appears
to have been a rousing success for at least the first year.
Councilman Smith asked Assistant City Manager Scott
Wingerson for an update on the annexation/de-annexation issue with Renaissance
North, as he is receiving questions on this issue. Councilman Smith stated he would like for a
no parking ordinance to be brought forward for North Walnut by the Groove. There has been discussion to look at this,
and he does not wish to look at it anymore, but would like to have an ordinance
for Council’s consideration. Councilman
Smith stated he asked the City Manager for a timeline on the Brooktree/Rock
Creek drainage way improvements, and has not yet received that information, and
would like to have the information by the end of the week if possible. Councilman Smith stated Council tabled a
Board and Commission Code of Conduct at the last City Council meeting and
wondered since it was tabled to this meeting, if Council needs to take some
sort of action.
City Counselor Dave Ramsay replied anything tabled
indefinitely or not taken up again is considered to be defeated and can be
brought up later when Council would like to take action.
Councilman Smith remarked to Mr. Wingerson he
noticed some retaining walls for the auto dealership on North Oak Trafficway
and stated hopefully those retaining walls will be of castle block or some
aesthetically pleasing retaining walls unlike what is at the old Gladstone
Economic Betterment Council (GEBC) property.
Mayor Pro Tem Carol Rudi thanked everyone involved
with the Blues Festival and the Citywide garage sales and business sales. It was an excellent event. Councilman Rudi said she attended the Movie
in the Park and it was a great event, and asked Parks and Recreation Director
Sheila Lillis to discuss what events are coming up in the future.
Parks and Recreation Director Sheila Lillis reported
the movie Pirates of the Caribbean was shown a week ago at the Gladstone
Amphitheatre, with about 300 in attendance.
There was also shown the first and second place winning movies in the
movies festival, which had a great interest with the young market of 14 to 17
year olds. This weekend the Northland
Symphony will be in the Gladstone Amphitheatre on June 19th at 7:00
PM, along with a ballet performance. The
other big event prior to the next City Council meeting will be the July 4th
celebration, with the North Star Community Band concert performing at 8:30 PM,
presentation of the colors by our own City Color Guard at about 9:45 PM, with
fireworks at 9:50 PM. Ms. Lillis stated
Theatre in the Park is just around the corner.
Mayor Pro Tem Carol Rudi stated it has been
brought to her attention there are other theatre groups in the Northland who
might be interested in doing some kind of a trade. If they have a production in their community,
perhaps they would want to bring it over a day or so and perform at our
amphitheatre and we might do the same.
This might be like a circle theatre where performances go from one
theatre to another. Councilman Rudi said
she knows there is the consideration of props and sets.
Director Lillis agreed that props and sets are an
issue to work around, but Staff is willing to work with any group. The only stipulation is that the event is
sponsored by the City. Any agency that
wants to work with the City should contact the Parks and Recreation Department
and Staff will work with them.
Councilman Rudi stated the Arts Council might want
to consider contacting some of the other area theatres.
Director Lillis said Staff has been in contact with
the Shakespeare Festival and others.
Scheduling is usually about two to three years out. Due to budgetary restraints this year, City
staff did what they could for the 11 events scheduled.
Councilman Rudi stated this might be an opportunity
for a “trade-off” where our City does not have costs, because another theatre
would bring a production here and we would take ours there.
Director Lillis stated an issue with our city is
that we are not as portable as we would like to be. It takes manpower if another entity does not
have their own sound and technician people.
That is where our problem exists.
The Blues Festival is independent of our operation and they do not need
the City for sound or lights. Director
Lillis asked that if anyone knows of someone who is interested in performing at
our Amphitheatre to please ask them to contact the Parks and Recreation Department.
Councilman Rudi asked if there was a report for the
May 29, 2004, brush drop-off event.
Public Works Director Andy Noll reported there were
approximately 143 people who took advantage of the event and the City pretty
well broke even with the expenses that day.
People seemed excited about the event.
Some people seemed surprised it cost $2 and some people said they would
have paid $5 to bring their brush in for disposal.
Councilman Rudi asked if the Water Plant light
shields have arrived.
Director Noll replied he would check on the status
of the light shields.
Councilman Rudi stated after the storm Saturday
night, she spent a good part of Sunday cleaning up branches and tree
debris. It occurred to her that if there
was some way the City could establish a “turn in your neighbor” program, it
would be a nice way to recognize those people who provide assistance to those
in need. There were people who hauled
things away or helped pull trees from the street in the middle of the night
following the storm. It would be nice to
be able to call the City and report a person who had performed a good deed and
have them recognized in the City’s newsletter, or a press release or something
similar whereby they could receive recognition.
Councilman Rudi said she believes such a program would encourage
neighbors to get to know each other.
Councilman Rudi asked that no money or huge amounts of time be spent on
this program, and that Staff consider this and put something together.
Councilman Rudi stated to Mayor Beer it is her
understanding that Council needs to appoint someone to the Board of Zoning
Adjustment (BZA) in order to correct a duplication of membership on the
Planning Commission and BZA.
Mayor Pro Tem Carol Rudi moved to appoint Terry
Hoppenthaler to the Board of Zoning Adjustment.
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 Wayne Beer reported Public Works is accepting brush
through Friday of this week.
Assistant City Manager Scott Wingerson reported
brush may be dropped off at the Public Works building Saturday from 8:00 AM to
3:00 PM.
Mayor Beer stated he is pleased to be a resident of
Gladstone that is able to provide such services on such short notice.
Councilman Cross suggested the dates and times of
brush disposal be announced for the benefit of the Press present, so this may
be published in the newspapers.
Assistant City Manager Wingerson reported brush drop
off times are 7:00 AM to 5:00 PM, Tuesday through Friday, and 8:00 AM to 3:00
PM on Saturday.
Mayor Beer stated there are some City entrance signs that are in disrepair and he knows there are some plans for correcting this. However, we need to make the signs more presentable as an interim measure. Mayor Beer said one sign that comes to mind is the one on M-1 Highway, north of 73rd Terrace. If nothing else, perhaps that sign could be straightened and some wood or something placed around it to hold it in place, maintaining an aesthetic appearance. Mayor Beer reported he would be narrating the Northland Symphony this Saturday at 7:00 PM at the Gladstone Amphitheatre. Mayor Beer continued by saying on October 3rd, the National Conference for Community and Justice is sponsoring a 5K walk-a-thon that Mayor Beer will be co-chairing along with Mayor Peggy Dunn of the City of Leawood, and Mayor Pro Tem Alvin Brooks of Kansas City. Mayor Beer stated the mission of the National Conference for Community and Justice is to fight bias, bigotry and racism. It has a mission of promoting respect and understanding for all people, which is of great importance. Mayor Beer said he mentions this event because he will be requesting sponsorships and teams for this event.
Councilman Smith reported he would like to provide an update on the Bi-State Tax issue. This issue is still changing. The most recent change is that the tax will now require passage in Clay County for it to be metropolitan wide. Councilman Smith said he believes there are some people who will be looking to Gladstone for leadership. After Friday, Councilman Smith should be able to report on exactly what the ballot issue will look like.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
Assistant City Manager Scott Wingerson reported the brush drop off
is 7:00 AM to 5:00 PM Tuesday through Friday and 8:00 to 3:00 PM on
Saturday. There will be no curbside
brush pick-up. So far Neighbors Helping
Neighbors have been able to accommodate those people who have called for
assistance. Mr. Wingerson thanked the
Chamber of Commerce, all the volunteers, City staff, and City Council for a
very successful Blues Festival. Mr.
Wingerson reported on an average weekend in June there are about 30 permitted
garage sales. This last weekend there
were over 150 garage sales, and 44 businesses participated in the sidewalk
sales. Thanks go to Economic Development
Administrator Lynn McClure who orchestrated the City wide sales event. Mr. Wingerson said he felt this was a
successful weekend overall.
Item 9. on the Agenda. PUBLIC HEARING on a request for a Site Plan Revision on property
located at 6024 NE Antioch Road, Meadowbrook Shopping Center. Applicant Meadowbrook Village, LLC. Owner:
Meadow Village Shopping Center.
(File #1224).
Mayor Wayne Beer opened the Public Hearing, and
immediately continued it to the Monday, June 28, 2004 City Council Meeting at
the request of Staff.
Item 10. on the Agenda. PUBLIC HEARING for consideration of a request to
rezone from CP-O, Commercial Planned, Non-Retail to RP-3 Garden Apartment
(RCHP-1, Residential Cluster Housing Planned recommended) and a Site Plan
Revision for property located at NW 55th Terrace & Old Pike Road.
Applicant/Owner: Affordable Homes, Inc. (File #1225).
Councilman Les Smith stated because he may have a
financial interest in this project in the future should it be approved, he
asked to be excused from Items 10. through 10c. and stated he would step down
from the Council dais to take a seat in the audience so as to have no appearance
of a conflict of interest.
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
Mr.
Wingerson reported in regard to the final plat, the lot is currently composed
of two lots. In order for this
development to move forward it would have to be one lot, which is the purpose
of the final plat. The Planning
Commission is forwarding to City Council in a split vote recommendation for
approval from CP-O to RCHP-1, site plan approval, and final plat approval. Mr. Wingerson stated Affordable Homes
representation is present at this meeting.
Councilman
Bill Cross stated his first thought was to question the density for this
project, but after visiting Seattle, he saw high-density homes could be
successfully put on small acreage. This
proposal has plenty of space for the density, and he plans to vote in favor of
this proposal.
Applicant
Presentation
Art Hammen, 7117 North North Avenue, began by saying he was
representing Affordable Homes, Inc., and has been in business in Gladstone over
25 years. Mr. Hammen stated with him at
this meeting was his chief project engineer, Dana Bowles of Kaw Valley Engineering.
Mr. Hammen reported on May 10, 2004, City Council
approved a contract to sell the property we’re discussing tonight to Affordable
Homes contingent on a site plan approval and re-zoning. The request before City Council tonight is to
reduce the zoning from commercial to residential and to approve the site
plan. The final plat approval is a
formality to combine two lots into one for development purposes. An office building, apartments and houses
surround the property. Townhomes, which
are residential in nature, provide excellent transition between these diverse
uses and are consistent with the currently approved land use plan. This design concept is fairly new to the
building industry and would be the first of its kind in Gladstone. The design will not only benefit the City on
this property, but can also fill a need for future in-fill and redevelopment
projects in Gladstone.
Mr. Hammen stated while the building contains 10
townhomes, which is the minimum required to make a community feasible, the
length of the building is about the same as 2 ½ typical duplex buildings set
end to end. The building would be set
back 68 feet from the front property line, which is almost twice the normal
setback. Mr. Hammen said the appeal of
the proposed upscale community would be to young professionals – both singles
and couples. Luxury items, which will be
included in each townhome, will include such things as a microwave, glass-top
range, icemaker, garage door opener, fireplace, three ceiling fans, a high-tech
telephone and cable TV wiring.
Additionally, all exterior maintenance will be provided. Each townhome will include two master suites,
2 ½ baths, an attached garage, and a full basement.
Mr. Hammen continued by saying to ensure maximum
traffic safety, the site is designed with only one entrance from 55th
Terrace. In addition to the garages and
private drives on site, there will be 7 visitor parking spaces provided on
site. The drive into the property will
be graded in such a manner as to be sloped to 55th Terrace to direct
headlights down and away from any windows across the street. A special emphasis will be placed on
landscaping to provide the most attractive community possible. To compliment
the existing trees, it is proposed to plant 28 evergreens and deciduous
trees. That is almost three trees per
townhome. These plantings will include
red and white flowering ornamental trees for spring color and hard maple trees,
whose leaves will turn bright colors in the fall.
Mr. Hammen reported a large berm will be created
along the south side of the property with bushes and trees to obscure the view
of the building. To help it blend in
with the landscaping, the building’s exterior colors will be in earth tones. Mr. Hammen concluded by saying there are ten
recommended conditions contained in the Staff Report, and he is in agreement
with all ten of those items. Last Monday
night the Planning Commission was split on what zoning would be best for this
community. The RCHP-1 zoning that they
recommended was with the condition that it include a density of ten units. The Planning Commission’s support of this
community was certainly evidenced by a unanimous vote in both the site plan and
the plat. Mr. Hammen asked if there were
any questions from City Council members.
Councilman Rudi asked how many cars would fit into
each proposed garage.
Mr. Hammen replied each garage would hold one
car. Each driveway will hold a second
car, and there are seven additional onsite traffic spaces. There being no further questions, Mr. Hammen
thanked City Council members and respectfully requested approval for this
proposal this evening.
Comments from those in Favor
There was no
one to speak in favor of the proposal.
Comments
from those in Opposition
Dan Houston, 401 NW 55th Terrace, stated he had several
concerns with this project, because his house sits directly across from the
property to be developed. Mr. Houston
said every morning he has a great deal of traffic in the grassy area in front of
his house, especially during the school year.
There are probably 50 to 70 school children walking through the
area. When it is raining, the area
becomes muddy, which causes problems for Mr. Houston, because the children
track across his driveway. Mr. Houston
said he feels if sidewalks are being installed, and most of the traffic is
coming from the apartments on the south side of 55th Terrace, the
sidewalks need to be on that side. There
is also a terrific traffic problem with many speeders coming off of Old Pike
Road, turning onto 55th Terrace, and speeding down the street with
children playing in the area. Mr.
Houston stated he has two small children of his own, who are four and seven
years old. They have bikes and
skateboards and play in the driveway.
Mr. Houston would like to see the sidewalks on his side of the street,
and he is sure the parents of small children who live in the apartments would
like to see sidewalks on the south side.
Mr. Houston said he is also concerned with the heavy
flow of traffic that will flow out of the condominiums. Twenty- six cars will cause quite a traffic
problem, and there is already quite a traffic problem in this area. In the mornings it is almost impossible to
get onto Old Pike Road from his street or to get to Englewood Road through the
bank area. Mr. Houston requested a
traffic signal to slow down and control the traffic. A ten-unit condominium is going to cause a
hazardous situation. Mr. Houston stated
this area is a protected migratory site and for a while there were some nesting
mallards at the site. There is an area
where the water collects to form a pond.
When the survey was conducted, the ducks disappeared, and he wondered if
the Department of Conservation had any say in the property and if it is a
protected migratory site.
Mayor Beer replied there is no information from the Department of Conservation at this time regarding the site being a protected migratory site. It could be an item to check.
Assistant City Manager Scott Wingerson stated
because of the size and location, he does not believe this is a protected site,
but will be happy to make the phone call to the Department of Conservation.
Mayor Beer said the pond area may have developed when the City removed the dirt from the hill for other purposes; therefore it would not be a wetland area in that regard and would not be a Department of Conservation protected area.
Mr. Houston asked when the City removed the
dirt. He has lived in his house two
years and was not aware of this.
Mr. Wingerson replied the City removed thousands of
yards of dirt approximately six years ago during the reconstruction of Hamilton
Heights Park.
Mr. Houston stated he would like sidewalks on his
side of the street, and some sort of study conducted to determine the traffic
entering and exiting the proposed drive site off of 55th Terrace is
not going to substantially impact his house.
Mayor Beer asked Assistant City Manager Scott
Wingerson if there has been a traffic study.
Mr. Wingerson replied there is reference in the
Staff Report of the driveway and traffic issue.
City Council previously approved development of a one or two story
office building on this property. During
that time, Staff considered the traffic issue, and based on that, proposed the
driveway to be located on Old Pike Road.
This development represents a fundamentally different traffic pattern
than you would see in a typical office building. The volume is less, and more importantly the
peak times are different than one would see with an office building. Mr. Wingerson said in regard to this request,
it makes sense that the driveway be located on 55th Terrace in order
to preserve the flow of traffic on Old Pike Road. It may result in queues at 55th
Terrace and Old Pike Road from the apartment complex on to Old Pike Road. However, there is a secondary access to
Englewood Road through the apartment complex in Kansas City, Missouri, and then
to the south accessing Englewood Road. A
southbound turn should not be a problem for 55th Terrace onto Old
Pike Road; there may be a wait turning north onto Old Pike Road. There is another way to do that by going west
through Kansas City, Missouri, and accessing Englewood Road to then go either
east or west.
Mr. Houston said he would like to have some
information on the drive that is going to be into the condominiums off of 55th
Terrace in front of his house. The drive
is directly across from the bedrooms of his house. Mr. Houston inquired into the slope of the
drive, and asked what assurance does he have it will not impose a problem to
his house, and can the drive be relocated 100 feet to the other side of the
lot.
Mayor Beer replied looking at the grade contours on
the plan, it appears there is two feet of elevation change down towards the
street, rather than up towards Mr. Howard’s house. From street level, Mr. Howard’s house is
about six feet higher at the foundation than the street. Mayor Beer stated his guess is any lights
coming off the proposed project’s drive are probably going to be pointing down
rather than up into Mr. Houston’s house.
Mr. Houston disagreed and said he feels any lights
coming out the drive will shine directly into his house. The cars will be coming from an upper level
and drop down to the street causing the lights to come into his windows.
Art Hammen, Affordable Homes, stated all but one of Mr.
Houston’s concerns deal with existing issues, and nothing that would be
exacerbated by the proposed community.
In terms of traffic coming from ten homesites, who may be singles as
well as couples, it is realistic to expect that there will be 15 to 16 cars in
the community on a given day. Most
importantly he has tried to be extremely concerned with the issue of
headlights. This is one of the early
items discussed in trying to locate the drive.
From Mr. Hammen’s survey of the area, he knows from the existing street
elevation to the bottom of the windows of Mr. Houston’s home, it is at least
eight feet. If cars are aimed down
toward the street, it is realistic to expect the headlights of those cars,
while they may be three feet above the street, are going to be aimed down, and
will more likely hit the retaining wall that exists in front of Mr. Houston’s
home. Mr. Hammen said this issue was
considered early on and he feels it has been appropriately addressed.
Dana Bowles, Kaw Valley Engineering, 1333 NE
Barry Road, Kansas City, Missouri, said he wished to reiterate what Mr. Hammen
said. The headlight issue was considered
at the beginning of the project, and every effort has been made to minimize
whatever impacts the headlights would have on the property to the south. The drive is about a 2 percent grade down to
55th Street.
Councilman Rudi inquired into the possibility of
changing the sidewalk to Mr. Houston’s side of the street. Councilman Rudi said she knew there would not
then be continuous sidewalk, but asked if this is possible. Councilman Rudi asked if there are future
plans in the Sidewalk Program to add sidewalks to the south side.
Mr. Wingerson replied without knowing the topography
of the south side, he cannot address the ability to physically and efficiently
install a sidewalk on the south side of the street. City Council could suggest the sidewalk is
not required on the north side and require it on the south side, and the north
side segment of sidewalk could be programmed the 4th or 5th
year from now in the Capital Plan. There
are some options for City Council to consider.
Mayor Beer asked if the contractor would consider
putting a sidewalk on the south side in lieu of putting a sidewalk on the north
side
Mr. Hammen stated he would be willing to entertain
that option along with City staff, but would reserve a final decision on that
until the situation could be studied a little further as long as there is
sidewalks only on one side of the street or the other.
Mayor Beer asked Mr. Wingerson with this stipulation
could the north side sidewalk be considered as a part of the Capital
Improvement Plan in the near future?
Mr. Wingerson replied the north side sidewalk could
be worked into the Capital Improvement Plan to meet the time frame of City
Council
Mr. Hammen stated he wondered if there were
sidewalks on the north side of the street, if that would encourage the traffic
to use the hard surface rather than walk through the potentially wet or muddy
area on the south side. Mr. Hammen noted
the community immediately west of his proposed development, the Sycamore Hills
Apartments, has as many if not more apartment units on the north side off 55th
Terrace than on the south side.
Mr. Houston stated looking at the Cypress Hills
Apartment complex, most of the apartments are on the south side of 55th
Terrace. There is only one building of
apartments on the north side. There are
a lot of children walking in the area to catch their school bus. If the sidewalk is on the north side of 55th
Terrace, that means children will have to walk past the driveway of the new
condominiums in the morning, when traffic is going in and out of the
condominiums.
Mayor Beer closed the Public Hearing.
Item 10a. on the Agenda. FIRST READING BILL 04-27, rezoning property legally described as Lots 3 and
4, Old Pike Ridge Subdivision (NW 55th Terrace & Old Pike Road) from CP-O,
Commercial Planned Non-Retail to RCHP-1, Residential Cluster Housing
Planned. Owner/Applicant: Affordable Homes, Inc. (File #1225).
Councilman Bill Cross moved to place Bill 04-27 on First Reading. Councilman Joe Evans seconded.
Councilman Cross stated although he sympathizes with Mr. Houston, he has lived in Carriage Hill for 27 years where there are no sidewalks and there are more than 10 homes. The children manage because the residents recognize the situation.
Councilman Rudi stated she very much likes “down zoning” in the fact the property is being rezoned from commercial to residential, and with only 10 units, she likes the cluster housing very much. Councilman Rudi said she thinks this will be a good use of the property.
The vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). (Councilman Les Smith had previously excused himself from the City Council dais.) The Clerk read the Bill.
Councilman Bill Cross moved to accept the First Reading of Bill 04-27 Waive the Rule and place the Bill on Second and Final Reading. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the Second and
Final Reading of Bill 04-27 and enact the Bill as Ordinance 3.918. Councilman Joe Evans seconded.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0).
Item 10b. on the Agenda. FIRST READING BILL 04-28, approving a Site Plan
revision subject to certain conditions for property located at NW 55th Terrace
& Old Pike Road. Owner/Applicant:
Affordable Homes, Inc. (File
#1225).
Councilman Bill Cross moved to place Bill 04-28 on First Reading. Councilman Joe Evans seconded.
Councilman Evans stated Mr. Hammen’s project impacts
the north side of 55th Terrace, and he feels it steps outside of the
City’s boundaries as to what the City can require Mr. Hammen, as a developer,
to do on another piece of private ground.
Councilman Evans continued by saying although he finds it admirable that
Mr. Hammen is willing to work with City staff, he believes Mr. Hammen’s
project’s impact is on the north side of 55th Terrace.
Councilman Rudi asked that City staff study the sidewalk issue and come up with the best solution for everyone concerned. That would include the effects of timing and cost, as well as the population distribution. Councilman Rudi said she does not feel this is outside of Affordable Homes’ duty, as only one sidewalk on one side of the street is being requested.
The vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). (Councilman Les Smith had previously excused himself from the City Council dais.) The Clerk read the Bill.
Councilman Bill Cross moved to accept the First Reading of Bill 04-28 Waive the Rule and place the Bill on Second and Final Reading. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the Second and
Final Reading of Bill 04-28 and enact the Bill as Ordinance 3.919. Councilman Joe Evans seconded.
Councilman Rudi stated she likes the proposed
plan. It is unique and very attractive
and it will be a good addition, with less intensive traffic than a commercial
development would be in this area.
Councilman Rudi expressed her appreciation to Mr. Hammen for working
with staff on this proposal, and asked that the slope of the driveway be
revisited along with the potential lights in the neighbor’s bedroom
windows.
Mayor Beer stated the intensity of use for this
project is significantly less than it would be if it were developed as a
commercial property. Mayor Beer said, as
he sees the site plan, the lights will have negligible effect upon Mr.
Houston’s property. This property is
destined to be developed and the development that is being proposed is probably
the best use of this property. While
concerns have been raised, Mayor Beer said he feels they have either been
addressed satisfactorily or will be addressed in a cooperative manner between
the developer and Staff to the satisfaction of the neighbors.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0).
Item 10c. on the Agenda. FIRST READING BILL 04-29, approving the Final Replat of “Old Pike
Ridge Subdivision”, NW 55th Terrace and Old Pike Road. Owner/Applicant: Affordable Homes, Inc. (File #1226).
Mayor Pro Tem Carol Rudi moved to place Bill 04-29 on First Reading. Councilman Bill Cross seconded.
Councilman Rudi stated this replat is simply combining two lots into one lot.
Mayor Beer confirmed that is correct.
The vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). (Councilman Les Smith had previously excused himself from the City Council dais.) The Clerk read the Bill.
Mayor Pro Tem Carol Rudi moved to accept the First Reading of Bill 04-29 Waive the Rule and place the Bill on Second and Final Reading. Councilman Bill Cross seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). The Clerk read the Bill.
Mayor Pro Tem Carol Rudi moved to accept the Second
and Final Reading of Bill 04-29 and enact the Bill as Ordinance 3.920. Councilman Bill Cross seconded.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0).
Note:
Councilman Les Smith returned to his seat at the City Council dais.
Item 11. on the Agenda. RESOLUTION NO. R-04-42, adopting the 2005 Annual Operating Budget for
the City of Gladstone, Missouri, for the Fiscal Year beginning July 1, 2004 and
ending June 30, 2005, authorizing the expenditures of funds, and approving the
Position Classification and Compensation Plan.
Councilman Bill Cross moved to approve RESOLUTION
04-42, adopting the 2005 Annual Operating Budget for the City of Gladstone,
Missouri, for the Fiscal Year beginning July 1, 2004 and ending June 20, 2005,
authorizing the expenditures of funds, and approving the Position
Classification and Compensation Plan.
Councilman Joe Evans seconded.
Councilman Cross stated he felt Staff did an
excellent job in preparing the budget this year.
The vote: All
“aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross,
Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Item 12. on the Agenda. FIRST READING BILL 04-30, amending City Code Section
2.31 to update the list of authorized Boards, Commissions, and Committees, and
to establish certain general qualifications and limitations for membership on
Boards, Commissions, and Committees.
Councilman Les Smith moved to place Bill 04-30 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 Les Smith moved to accept the First Reading of Bill 04-30 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 Les Smith moved to accept the Second and
Final Reading of Bill 04-30 and enact the Bill as Ordinance 3.921. 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. (5-0).
Item 13. on the Agenda. FIRST READING BILL 04-31, amending Schedule IX of
the Model Traffic Ordinance, Section 18-12 designating speed limits in the City
to establish a new time limit for the school zones located at a section of
North Antioch Road, Pleasant Valley Road, and North Englewood Road.
Councilman Joe Evans moved to place Bill 04-31 on First Reading. Councilman Les Smith seconded.
Councilman Rudi inquired into the difference between the substitute Bill 04-31 and the original Bill.
Public Works Director Andy Noll replied the change is on the Englewood Road section. All the School Zone sections were at the same time limits, and Staff wanted the Englewood Road section to correspond with what Kansas City has already posted within their City limits, so the Englewood Road School Zone time limit was changed in the bill to correspond with Kansas City’s.
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 Joe Evans moved to accept the First Reading of Bill 04-31 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 Joe Evans moved to accept the Second and
Final Reading of Bill 04-31 and enact the Bill as Ordinance 3.922. 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. (5-0).
Item 14. on the Agenda. OTHER BUSINESS.
Councilman Smith stated a lot of work went into this
iyear’s budget, and it was not fun work on Staff’s part as there are a lot of
wants and needs that cannot be funded.
The fact of the matter is that there is an excess of $600,000 this year
in one-time funds that allowed the City to balance this budget. A back up ambulance from MAST was not budgeted,
and there is a temporary solution for that.
The City provides the citizens and business owners of the community a
very high level of service, and the City continues to do that with less and
less money. What that means is that a
greater burden is on City staff.
Fortunately some pay increases will be provided this year. With the increased health care costs last
year, many of the City employees went “backwards”.
Councilman Smith said he is glad the City could
provide pay increases this year, but the City has got to identify some revenue
sources for the future and do it very quickly, or the City will be faced with
service cuts that this community will not receive well. It is incumbent for the City Council to accept
the leadership position in finding those additional revenue sources. The budget has been cut as “bare to the bone”
as possible.
Mayor Beer stated, in regard to the ambulance
service, the City was finding itself boxed into a corner in trying to provide
long-term solutions to our emergency response issues. As of late some of that pressure may have
been relieved slightly in that Kansas City did approve a new contract with
MAST, which may give our City more breathing room in terms of trying to come up
with a funding source to still provide our own medical services. It might be worth our time to take another
look at MAST to see if they might have a proposal that might be somewhat
different in scope from their first proposal that would be helpful for us to
reduce our immediate needs to provide alternate funding sources for our
Emergency Medical Services.
Councilman Smith stated he does not disagree with
Mayor Beer, but the point he was trying to make was if all things are equal
next year, the City is looking at a $600,000 deficit, and the City is down to
its minimum reserves by State Statute.
Funds have been expended from the Capital Replacement Fund. MAST has a good record in regard to their
clinical response. If they can get their
management under control, perhaps the City should continue with them as a
back-up service, if we can get some things like guaranteed response times and
guaranteed units in our area. Councilman
Smith said all that aside, this time next year, the City will be looking at a
$600,000 deficit, with no more reserves or one- time funds available. Councilman Smith continued by saying he is
confident under the leadership of our current mayor, additional revenue sources
will be identified, and we need to do that aggressively. The citizens will not be happy to see Public
Works not open for brush disposal after a storm, or the service level of snow
plowing reduced. These are
services our community expects and the City needs to
find a way to continue to provide these services.
Mayor Beer agreed Councilman Smith is correct and
said he did not intend to minimalize the seriousness of the City’s budget
situation. Mayor Beer said his comment
were meant to say there may be a possibility of taking a little pressure off of
the City and provide a bit more breathing room.
There are some serious problems and the $600,000 of one-time revenues
will not be here next year.
Mayor Pro Tem Carol Rudi stated the City does need
to find new revenue sources, but the City has a group of citizens who have been
meeting for several months. Some of the
things they have been discussing are revenue sources. The group has an entire program put together
and have not ignored the possibility there will be costs involved. The group’s recommendation will be coming
forward and Councilman Rudi says she has great hopes for their recommendation
in assisting the City with the budgetary concerns.
Councilman Smith agreed, and stated the timeliness
of this program was perfect. The City
needed a citizen group to come forward and identify the needs of the City. As part of that, the City needs to project
the revenues needed to maintain services and not just commit additional
revenues that might be identified. The
group has gone to great lengths to understand the budget process and they are
to be commended.
Item 15. on the Agenda. QUESTIONS FROM THE
NEWS MEDIA.
There were no comments from the News Media.
Item 16. on the Agenda. ADJOURNMENT.
There being no further business to come before the
June 14, 2004, Gladstone City Council Meeting, Mayor Wayne Beer adjourned the
Regular Meeting.
Respectfully submitted:
___________________________
Cathy Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Wayne Beer