CITY COUNCIL MEETING
MONDAY OCTOBER 25, 2004
PRESENT: Mayor Wayne Beer
Mayor Pro Tem Carol Rudi
Councilman Bill Cross
Councilman Les Smith
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: Councilman Joe Evans
Mayor Wayne Beer opened the Regular October 25, 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 OCTOBER 11, 2004 CITY COUNCIL MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular October 11, 2004, City Council Meeting Minutes as presented. Councilman Les Smith seconded the motion.
Mayor Pro Tem Carol Rudi explained that as she was not at the October 11, 2004, City Council meeting, she would be abstaining from voting on approval of the minutes.
The vote: “Aye” – Councilman Les Smith, Councilman Bill Cross and Mayor Wayne Beer. “Abstain” – Mayor Pro Tem Carol Rudi. (3-0-1)
Mayor Beer introduced and welcomed Chad Cope from Boy Scout Troop 180, and his mother, Mary Cope. Mr. Cope is working on the Boy Scout Citizenship in the Community merit badge.
Item 4a. on the Agenda. Mayor Wayne Beer read a PROCLAMATION
designating NOVEMBER 1, 2004, as “FAMILY LITERACY DAY” in
Item 5. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Mayor Beer requested
Building Permit BP 04-1030, for interior and exterior remodeling at
CONSENT AGENDA DETAIL:
Councilman Bill Cross moved to approve RESOLUTION R-04-73, authorizing acceptance of work under contract with Harmon Construction for the Gladstone City Hall Addition and authorizing final payment in the amount of $2,000.00 for Project 036015. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Councilman Bill Cross moved to approve RESOLUTION R-04-74, authorizing acceptance of a proposal from Shawnee Mission Ford for the purchase of a 4x4 Pick-Up Truck with Snowplow for the net purchase amount of $33,335.00. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Councilman Bill Cross moved to approve RESOLUTION
R-04-75, authorizing execution of amendments to the current Water Tower
Antenna Site Leases with Sprint Corporation for the
Councilman Bill Cross moved to approve RESOLUTION R-04-76, accepting Temporary Construction Easements and Permanent Easements from property owners in conjunction with the Northeast 67th and Forest Storm Drainage Project 045033. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Councilman Bill Cross moved to approve a BUILDING
PERMIT for the addition of an awning on the east side of
Councilman Bill Cross moved to approve an ANNUAL LIQUOR LICENSE RENEWAL WITH A NEW MANAGING OFFICER to SAA, Incorporated, dba Dominic’s Pizza & Pasta, 6300 North Oak Trafficway, for a Beer and Wine License. Managing Officer: Dominic C. Spino. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Councilman Bill Cross moved to approve the FINANCIAL REPORTS FOR SEPTEMBER 2004. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Item 5a. on the Agenda. APPROVAL OF A BUILDING PERMIT: for interior and
exterior remodeling at
Councilman Les Smith moved to approve the Building
Permit for interior and exterior remodeling at
Mayor Beer asked for clarification from City staff
regarding emergency vehicle access to the rear of
Mayor Beer replied he did understand that, but it stops at the new addition, whereby up to this point the road provided access all the way around the building, which is something we do not now have in this proposal.
Mayor Beer said in the proposal there is an entire section of the structure in what would be described as the interior portion of the “U” shape that would be inaccessible to emergency vehicles. Is that acceptable to Public Safety?
Mr. Wingerson replied that Public Safety personnel reviewed the plans and has recommended approval, which is one of the review steps before coming before City Council.
Mayor Beer asked Mr. Wingerson if he was comfortable with the emergency access.
Mr. Wingerson replied, yes, and in fact there was an internal discussion with Building Official Alan Napoli about this very subject, although he is not the Fire Marshall.
Mayor Beer stated there are many young children in that building and that is the part that concerns him, the access to those children.
Mr. Wingerson replied Staff would take another look at this proposal, if it is Council’s desire.
Mayor Beer stated he felt that would be a good idea.
Councilman Les Smith inquired into the time frame for commencing construction.
Mr. Wingerson said he did not know the time frame to commence construction, but suggested the concerns raised by Mayor Beer be addressed.
Mayor Beer asked if would be possible to make conditional approval of the Building Permit subject to satisfaction of the questions raised tonight, which is emergency access in compliance with the City’s Fire Code.
Councilman Smith sought confirmation from City Counselor David Ramsay that for a Building Permit to be approved, it must be in compliance with the City’s codes and ordinances.
Mr. Ramsay replied that was correct.
Councilman Smith stated the motion could be voted on as made and seconded, and upon further review, if the ruling on the field does not stand, then there would have to be compliance before Staff would issue the Building Permit. City Council is approving a Building Permit conditioned upon the applicant meeting all the City’s codes and ordinances.
The vote: All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
There were no communications from the Audience.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Les Smith addressed City Manager Kirk Davis by saying that a few weeks ago he asked for some additional Public Safety Activity Reports. Councilman Smith asked if an analysis would accompany the reports.
City Manager Davis replied that an analysis would accompany the reports.
Councilman Smith asked if this information is not available for this week’s City Council packets, that the statistics be distributed to City Council members.
Councilman Bill Cross had no comments at this time.
Parks and Recreation Director Sheila Lillis reported there would be a story telling event from 6:00 PM to 10:00 PM, on October 29th, in Oak Grove Park. This event is co-sponsored with the Gladstone Area Chamber of Commerce and the Northland Optimist Club. There will be costume and scream contests, and story telling by Steve Otto. Events will begin for the younger children at 6:00 PM with events for the older children beginning at 7:30 PM. Director Lillis stated this would conclude the events for the year at the Gladstone Amphitheatre.
Mayor Wayne Beer invited all to attend the November 23rd, Mayor’s Holiday Tree Lighting Ceremony at 6:00 PM at the Antioch Branch of First Bank of Missouri. The set-up date for the tree is Saturday, November 13th, at 9:00 AM. Mayor Beer encouraged City Council members to attend the Land Use Seminar sponsored by the Mid America Regional Council Insurance Trust (MARCIT). The seminar is December 8th. Mayor Beer asked Assistant City Manager Wingerson to encourage members of the Planning Commission to also attend. This is a no cost seminar. Mayor Beer announced Melinda Mehaffy, who was the Executive Director of the Liberty Chamber of Commerce, has accepted the position of our new Economic Development Administrator. Mayor Beer invited everyone to welcome Ms. Mehaffy when she begins work for our City.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis reported 8:00 AM to 5:00 PM, November 5th, 6th, and 7th are the dates for the brush disposal at the Public Works facility. City Manager Davis reminded Council members of the Employee Recognition Dinner on Saturday, November 6th.
Item 9. on the Agenda. PUBLIC HEARING on a request for a Special Use Permit subject to certain conditions for Kevin Jamison for operation of a law practice on property at 2501 NE 64th Street. Applicant/Owner: Kevin Jamison. File No. 1237.
Mayor Wayne 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.
Assistant City Manager Scott Wingerson began by saying the applicant is requesting a Special Use Permit to allow the operation of a law office. The law office includes the applicant and one assistant. The zoning ordinance provides the ability to apply for a Special Use Permit in zoning districts that are lower than are normally required. In this particular case Commercial Office (CO) zoning would be required. If City Council were to approve this request, it would be approved in a R-1 single family zoning classification. In a lot of ways this request resembles a home occupation with a notable exception that there is not a proposed resident. However the home occupation standards are designed to ensure compatibility with the neighborhood and are applicable in this case as it relates to the main issue, which is whether this request is compatible with the surrounding neighborhood. Mr. Wingerson reported this is a corner property surrounded to the south, east and west with single-family housing, and to the north the zoning is Planned Cluster Housing that is undeveloped at this time.
Mr. Wingerson explained in the home occupation standards there are eight requirements that are on the “litmus test” for the Planning Commission in making a recommendation and the City Council in making a decision. In this case four of the eight requirements differ. The application differs from what the zoning ordinance would consider compatible with the surrounding neighborhood. For example the zoning ordinance requires that no patrons or other evidence of the occupation is discernable at the perimeter of the property. Clearly the law practice would have patrons and the activity would be discernable, as it is a business operation. Another example is the requirement that no signs advertising the occupation may be erected on the property. The application is unclear on this specific point, however Mr. Jamison did say there would be a small sign on the property; again not completely defined. A requirement is the residential appearance of the dwelling shall not be changed by alterations or additions for business or commercial uses. Mr. Wingerson said he did not think the applicant is proposing any physical addition to the structure, however he intends to comply with American with Disabilities Act (ADA) requirements relative to the building code.
The zoning ordinance goes on to say that 25 percent of the total floor area may be utilized for business. In this application nearly 100 percent of the floor area would be used for business. The zoning ordinance says such home occupations shall be carried on exclusively by members of the family. In this particular application, that would not be the case. Mr. Wingerson reported Staff is recommending that this application is not compatible with the existing neighborhood and should not be approved. The Planning Commission voted on a positive motion 1 vote to 7 votes and recommends that this application not be approved.
Mr. Kevin Jamison, 2410 NE 65th Terrace, began by saying it has been desirable for some time that he have his office in a building that he owns. His own home is not conducive to convert into an office, largely because there is no place to park vehicles. Mr. Jamison said the property at 2501 NE 64th Street that is being discussed kind of fell into his lap and is three doors away from commercial property to the east and two blocks from Antioch Middle School on the west. Mr. Jamison said his understanding is there will be commercial property across the street to the north and there is residential property to the south. Mr. Jamison said the conversion to a one-man law office is not going to have significant impact on the neighborhood, and would be a buffer for perspective commercial development that is coming in to the north. Mr. Jamison said he has seen people examining that property and he assumes they intend to develop it.
Mr. Jamison continued by saying the only changes to the exterior of the property involves a sign and a parking lot. The sign is a scale of justice to show people that they have found Mr. Jamison and would have less impact than a holiday decoration. The parking lot was of some concern to the Planning Commission as they were concerned with people backing out onto 64th Street, which they thought was dangerous. Mr. Jamison agreed and said he has no intention of backing out onto 64th Street. There is a hill to the east and it is an accident waiting to happen. The current resident of the house recognizes this and does not use the existing driveway. Instead she has dropped some gravel on the west side of the house and parks her cars on that side of the house. This may be a violation of a City zoning code, but it is better than being run into by a school bus.
Mr. Jamison reported the entrance to the proposed parking lot would be off of North Wabash, a side street, which is easily accessible and easily converted into an access for parking. Replacing the existing gravel with a concrete slab would improve the appearance of the property. Mr. Jamison said he would not be living at this address at this time, but he may live there in the future. With his sons having moved on, he no longer needs the house he has, and this may be a place he can use as an office and residence. Mr. Jamison said this would require a nonconforming use. The zoning codes are designed to keep up the character of the neighborhood, but exceptions are allowed, because the codes cannot envision all possible uses and impacts on a neighborhood. Mr. Jamison explained his proposed use maintains the character of the neighborhood and it will actually improve the looks of the property.
There were no comments in FAVOR or OPPOSITION to the application.
Mayor Beer closed the Public Hearing.
Mayor Pro Tem Carol Rudi stated she did have a question for Mr. Wingerson.
Mayor Beer re-opened the Public Hearing.
Mayor Pro Tem Carol Rudi asked Mr. Wingerson if there is currently a curb cut from the property to North Wabash.
Mr. Wingerson replied there is a roll over curb in that general vicinity, so he believes the proposed driveway and the existing gravel would tie in with the roll over curb, which is pretty typical in this neighborhood.
Mr. Jamison remarked it is really not a curb, but rather a concrete gutter. The current occupant uses the roll over curb to access the gravel driveway and this works out very well. The entire length of that flank of the property has this type of curb.
Mayor Beer closed the Public Hearing.
Item 9a. on the Agenda. FIRST READING BILL NO. 04-43, granting a Special Use Permit subject to certain conditions to Kevin Jamison for operation of a law practice on property at 2501 NE 64th Street. Applicant/Owner: Kevin Jamison. File No. 1237.
Councilman Les Smith moved to place Bill 04-43 on First Reading. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 04-43, Waive the Rule and place the Bill on Second and Final Reading. Mayor Pro Tem Carol Rudi seconded.
Mayor Pro Tem Rudi stated she had mixed feelings with this proposal, and she believes there is definitely the possibility of improving the property. However, Councilman Rudi said, she believes this proposal is too intrusive into an R-1 area, and there are some cluster homes zoned across the street. Councilman Rudi said if Mr. Jamison were living in the house, she would be willing to give the application more consideration, but at this point, Councilman Rudi said she could not vote in favor of this Bill.
Councilman Smith asked City Counselor David Ramsay if he were correct, that in order to Waive the Rule and give a Bill multiple readings at the same meeting, it would require a unanimous vote of City Council members present.
Counselor Ramsay agreed that was correct.
Councilman Smith asked if a vote that was not unanimous would kill the Bill or only mean that City Council cannot give the Bill two readings.
Counselor Ramsay replied it would only postpone the second reading of the Bill.
Councilman Smith sought confirmation that in order to take a final roll call vote on this item, all City Council members would need to vote in the affirmative to Waive the Rule and allow multiple readings of the Bill for this evening’s meeting.
Counselor Ramsay agreed that was correct.
Mayor Beer stated there are a number of issues dealing with when it is appropriate to make exceptions to a particular area, and there are a number of issues with which he has concerns. One concern is the five-car parking lot. From a commercial viewpoint it might improve the looks of the structure, but the fact remains this is an R-1 zoned area. Mayor Beer said he is not in agreement that the five-car parking lot is not more of an intrusion to an R-1 area than is desirable. Mayor Beer said Special Use Permits generally do not permit signs, and signs have not been permitted up to this point. Mayor Beer said he is not sure he is ready to do so now.
Mayor Beer continued by saying there was a similar situation some weeks back on the other end of Wabash at its juncture with North Oak Trafficway, which was a real estate project, that was of a similar nature as this request in that it was a fairly low intensity use. It was still, never the less, in a nearly exclusively R-1 zoned area. City Council felt at that time that application was too intrusive upon the residential character of the neighborhood. Mayor Beer said he is still in agreement with that same position now with this project. One of the real issues with Special Use Permits is the percentage of use of the total floor area. Up to this point only 25 percent of the floor area has been permitted for purpose of a business. In this particular case we are looking at 100 percent, with no assurance it would ever be changed. Mayor Beer said given these circumstances, he would not be voting in favor of this application.
Councilman Bill Cross stated he felt significant study has gone into this application by administrative staff and the Planning Commission and they are not recommending acceptance of this application. Based on their recommendation and what some neighbors have reported, he feels it would be difficult to vote in favor of this application.
Mayor Beer stated he was in agreement with Mr. Jamison that City ordinances cannot answer in advance all questions to all circumstances in all situations. Mayor Beer said he believes in this particular case there are too many exceptions, and this proposal does not seem to him to be the proper use of the property given the location.
Mayor Pro Tem Carol Rudi sought clarification from City Counselor David Ramsay that in order to complete the process tonight, a unanimous “yes” vote on the motion would be necessary to allow City Council members to move to the third portion in consideration of the Bill.
City Counselor Ramsay confirmed that was correct.
The vote: “Aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi. “Nay” – Mayor Wayne Beer. (3-1).
Mayor Beer explained the Second Reading would occur at the next City Council meeting, November 8, 2004. The approval of this Special Use Permit will be delayed at the least until the next City Council meeting.
Item 10. on the Agenda. PUBLIC HEARING: on a request to rezone from R-1 (Single Family Residential) and C3 (Commercial District) to CP-2 (Commercial District Planned) and a Site Plan Revision at property located at 5711 N. Antioch Road, including the vacant parcel to the north and east. Applicant/Owner: Terry Morgason. (File #1204)
Mayor Beer opened the Public Hearing and immediately continued the Public Hearing to the Monday, November 8, 2004, City Council meeting pending a recommendation from the Planning Commission.
Item 11. on the Agenda. OTHER BUSINESS.
There was no Other Business.
Item 12. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions or comments from the News Media.
Item 13. on the Agenda. ADJOURNMENT.
There being no further business to come before the October 25, 2004, Gladstone City Council Meeting, Mayor Wayne Beer adjourned the Regular Meeting.
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Wayne Beer