MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

 

MONDAY JANUARY 10, 2005

 

 

 

PRESENT:          Mayor Wayne Beer

                             Mayor Pro Tem Carol Rudi

                             Councilman Les Smith

                             Councilman Joe Evans

                            

City Manager Kirk Davis

City Counselor David Ramsay

Assistant City Manager Scott Wingerson

City Clerk Cathy Swenson

 

ABSENT:            Councilman Bill Cross

 

Mayor Wayne Beer opened the Regular January 10, 2005, City Council Meeting at

7:30 PM in the Gladstone City Council Chambers.

 

Item 3. on the Agenda.             PLEDGE OF ALLEGIANCE.

 

Mayor Wayne Beer introduced Boy Scout Troop #247, who presented the Color Guard and led the Pledge of Allegiance, in which all joined.

 

Boy Scout Leader Jim Fluker introduced Skyler Linderburg, Craig Norris, and Cody Offert who were members of the Color Guard.

 

Mayor Wayne Beer thanked members of Boy Scout Troop 247 and invited them to attend future City Council meetings.

 

Item 4. on the Agenda.             APPROVAL OF THE REGULAR DECEMBER 13, 2004 CITY COUNCIL MEETING MINUTES.

 

Mayor Pro Tem Carol Rudi moved to approve the Regular December 13, 2004, City Council Meeting Minutes as presented.  Councilman Joe Evans seconded the motion. 

 

The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Wayne Beer.  (4-0)

 

Item 4a. on the Agenda.           PRESENTATION OF A UNITED STATES FLAG THAT WAS FLOWN OVER IRAQI SOIL.  POLICE OFFICER KELLY KIRK, WHO ALSO SERVES AS A DRILLING RESERVIST IN THE UNITED STATES NAVY, WILL MAKE THE PRESENTATION.

 

Mayor Beer informed the audience that Gladstone Police Officer, Kelly Kirk was deployed to the Iraq region and has recently returned.  Officer Kirk secured a flag that was flown over Iraqi soil during his deployment.  Mayor Beer invited Officer Kelly Kirk to join him at the podium.  Officer Kirk presented to Mayor Beer a framed United States Flag along with a certificate that stated the flag was flown over LSA Anaconda, Iraq, an American base used for the global war on terrorism.  The certificate was signed by Kenneth Branch, Task Force Sierra Commander and Thomas M. Risse, NMCB Fifteen Air Detachment, OIC.  (Please note the flag and certificate are displayed in a case in the lobby of Gladstone City Hall.)

 

Following applause, Mayor Beer stated the City of Gladstone pledged their ESGR (Employer Support for the Guard and Reserve) at a previous City Council meeting.  Mayor Beer said although his former employer did not provide a formal proclamation of support, in practice, they did provide support.  Mayor Beer stated he felt very grateful to his former employer and the City of Gladstone for their support of the Guard and Reserve forces.  Mayor Beer stated this is very emotional for him as it is for all veterans and others who are involved in community activities.  Mayor Beer thanked Officer Kirk for his presentation.  Mayor Beer stated he has a deep regard for veterans and for our military members who are currently serving our country, and is so deeply proud of each one of them.

 

Mayor Pro Tem Carol Rudi stated she is happy Officer Kirk has returned to Gladstone.

 

Item 5. on the Agenda.             CONSENT AGENDA

 

CONSENT AGENDA DETAIL

 

Following the Clerk’s reading, Councilman Les Smith moved to accept the Consent Agenda as presented.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

Councilman Les Smith moved to accept RESOLUTION R-05-01, authorizing acceptance of work under contract with Larkin Excavating, Incorporated for the North Main Street Reconstruction, Northeast 64th Street to Northeast 60th Street, and authorizing final payment in the amount of $97,680.29 for Project 025015.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

Councilman Les Smith moved to adopt RESOLUTION R-05-02, authorizing acceptance of work under contract with George Butler Associates for the Design of North Oak Turn Lanes at Northeast 76th Street, and authorizing final payment in the amount of $1,300.00 for Project 025018.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

Councilman Les Smith moved to adopt RESOLUTION R-05-03, authorizing Change Order No. 3 in the amount of $43,909.00 to the contract with Damon Pursell Construction, Incorporated for the Happy Rock West Project 025025.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

 

Councilman Les Smith moved to adopt RESOLUTION R-05-04, authorizing acceptance of work under contract with J & N Utilities for the Garfield, 57th Terrace, and 67th Street Water Main Replacements, and authorizing final payment in the amount of $31,686.39 for Project 024092.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

Councilman Les Smith moved to adopt RESOLUTION R-05-05, accepting a Temporary Construction Easement and a Permanent Easement from a property owner in conjunction with the Northwest 58th and Broadway Street Improvements Project (035034).  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

Councilman Les Smith moved to approve a BUILDING PERMIT for the addition of a second floor to the existing St. Andrew the Apostle Church School, 6415 North Antioch Road.  Applicant: Gastinger Walker Harden Architects.  Owner: Catholic Diocese of KC-St. Joseph.  (BP 04-10000001).  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

Councilman Les Smith moved to approve a BUILDING PERMIT for an addition to the existing Lawson Bank building, 6303 North Antioch Road, and remodeling of the interior.  Applicant:  Williams, Spurgeon, Kuhl, & Freshnock.  Owner:  Lawson Bank.  (BP 04-10000002).  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

Councilman Les Smith moved to approve a LIMITED ONE DAY LIQUOR BY THE DRINK LICENSE to Oakhill Day School, 7019 North Cherry, for the annual auction event on Saturday, February 26, 2005.  Hours: 5:30 PM-12:00 Midnight.  Managing Officer:  Mr. Mark D. Schirmer.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

Councilman Les Smith moved to approve the FINANCIAL REPORTS FOR NOVEMBER 2004.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

REGULAR AGENDA

 

Item 6. on the Agenda.             COMMUNICATIONS FROM THE AUDIENCE

 

Galen Neill, 6010 North Wyandotte, stated he was present at the meeting to discuss snow removal problems he observed this past week in regard to ice and snow and through the 59-61 Watch Group, which covers North Broadway to North Oak Trafficway, and 59th Street to 61st Terrace.  Mr. Neill stated the group noticed the snow removal situation has deteriorated by comparison to past performance in the City.  During the last ice storm the streets were plowed in one direction, like an eight-foot strip, and not doubled like is normally done.  An eight foot strip was all that was plowed in the areas he just mentioned, and not cleaned to the curbs as has been done in previous snow storms.  In the past, snow removal personnel would return after the snow and ice, and would drop their snowplow blade and push the snow to the curb.  This was not done in this past storm.  Mr. Neill said he has always been very impressed with the snow removal in Gladstone, and he has in the past commended the City Council and City Management.  This is the first time he has seen this type of deterioration, and he would appreciate it being recognized.

 

Mr. Neill stated on 61st Street, west of North Oak Trafficway, there is a barricade on the south side of the street, where there was some excavation done in regard to new construction that was taking place on the north side in the location of the car lot.  It seems the barricade has been there forever.  Mr. Neill said he wondered why the asphalt overlay could not be laid in this particular excavation area to bring the street back to its original form. 

 

Mr. Neill continued by pointing out the vacant retention area behind Priscilla’s at 61st Street and North Oak, and said he thought the road was to be eliminated in the initial stages of the planning.  Mr. Neill said he was at the Planning Commission meeting where the motion was made to have the road behind Priscilla’s removed from the plan.  However, since the recent snow, Mr. Neill has noticed car tracks, which were heading up towards the new car lot that has been built north of Priscilla’s.  It seems this is a possible violation and Mr. Neill said he wondered why the proprietor has not sodded the area, since this was a construction site for the retention pond.  Mr. Neill said it seems like the loose dirt is eroding in that area and filling up the detention basin.  Mr. Neill asked if the car lot has had its final inspection.

 

City Manager Kirk Davis addressed the snow removal issue by saying the City received possibly two complaints about snow removal services during the last storm, and he felt Staff did a great job in trying to address a unique storm.  Part of the reason Mr. Neill may not have been satisfied with the snow removal is because there was not only approximately ¾ inch of ice that fell first, but there was plummeting temperatures that occurred shortly afterward along with about an inch of snow.  The plummeting temperatures prohibited the salt from working.  Normally it would be possible to melt the ice and then push the slush off to the side of the road in such a fashion as most folks are used to in Gladstone.  Because of the plummeting temperatures, the salt did not work.  In many cases it is better to leave snow on top of the ice to provide some traction until the salt can take effect. 

 

City Manager Davis introduced Mr. Chuck Williams who is Gladstone’s new Public Works Director, who comes to us from the City of Manhattan, Kansas, and has 29 years of experience working in Manhattan.  City Manager Davis said he is very pleased to bring Mr. Williams on board.  City Manager Davis asked Mr. Williams if he had further remarks regarding Mr. Neill’s concern. 

 

Mr. Williams stated Mr. Davis had given an accurate explanation.

 

City Manager Davis continued by saying that obviously Staff wants to remove the snow to the curbs and go over all the streets a couple of times.  The City has a policy that says the collector and arterial streets will be cleaned in 24 hours and a time frame of 48 hours for the rest of the City’s streets and finally the cul-de-sacs are cleaned of snow.  The City generally meets that policy all of the time.  This was a unique storm because of the ice and then the plummeting temperatures, which prohibited the salt from working.

 

City Manager Davis stated in regard to Mr. Neill’s second concern, Staff will check on the barricade located at 61st Street, west of North Oak Trafficway.  Reconstruction of 61st Street is being planned for next year.  There is erosion occurring on one side of the street, and drainage over the course of a number of years has worn away the sub-grade under the road.  There is some failure in the asphalt and curb in a couple of areas.  This project has been under consideration by the City, and Mr. Birt, who owns Bircain Apartments, has been in contact with the City.  Some roadwork will be seen in this area next spring and summer.  City Manager Davis asked Assistant City Manager Scott Wingerson to provide the current status of the road behind Priscilla’s.

 

Assistant City Manager Scott Wingerson began by saying Mr. Neill raised several points related to Northland Auto Sales.  The road Mr. Neill refers to is a temporary situation located west behind the Priscilla’s facility.  The road is really used to construct the storm water detention basin, and provides heavy equipment access to the main site, rather than using North Oak Trafficway. 

 

Mr. Wingerson said Mr. Neill asked about sodding, and it is correct that sodding is required.  However, the timing of the finishing of the auto sales facility was such that it wouldn’t allow the sod to survive the winter.  The sodding will be done in the spring.  Mr. Wingerson stated the erosion in the basin is a concern, and Staff will investigate that.  Mr. Wingerson was at the facility in the last 10 days, but did not see the erosion Mr. Neill mentioned, but Staff will investigate this matter.  If there is erosion, it will be necessary to re-contour the area before restoration can take place so the basin will work as designed.  There has been a final inspection, but that does not mean the project is complete.  There has been issued a temporary Certificate of Occupancy, which allows people to be in the building.  However, there are certain weather related punch list items that need to be corrected in the future.  The owner will address the sodding and the other punch list items in early spring.  Once that is complete, the City will issue a final Certificate of Occupancy.

 

Councilman Les Smith asked for clarification regarding the road barricade and asked if it was placed for a road failure issue or related to the construction.

 

Mr. Wingerson said he believed it may have been placed for the tap for the fire service line, but he will check to be sure that is correct.  As City Manager Davis indicated, Staff will investigate this and try to remove the barricade as soon as possible.

 

Mayor Pro Tem Carol Rudi asked if the reconstruction of 61st Street is planned for 2005 or 2006.

 

City Manager Davis replied the project is planned for 2005.  The full extent of the subgrade issue needs to be explored further, and there is a storm water issue.  Potentially road widening may need to occur.  The scope of the project needs to be further evaluated.  At the minimum there will probably be significant patching and curb work, which will include storm water work.  City Manager Davis said this could probably be a bigger road project, if portions of North Oak Trafficway is included in the area.  The entire road network in this area needs to be reviewed.

 

Item 7. on the Agenda.             COMMUNICATIONS FROM THE CITY COUNCIL

 

Councilman Joe Evans welcomed Mr. Chuck Williams to the City and stated he was sure his first week was busy.  Councilman Evans thanked the Public Safety Department for their great work with a mishap he had over the weekend.  Councilman Evans said he lost his money clip in Lenexa, Kansas.  The City of Lenexa contacted Gladstone Public Safety and our Public Safety officers returned the money clip to Councilman Evans.  The I.D. card that Council members carry was instrumental in the return of the money clip.

 

Councilman Evans asked if there has been any action on the property at 6615 NE Antioch Road.

 

Assistant City Manager Scott Wingerson replied Staff is continuing to document the activity at this address, although it has been difficult the last two weeks because of the weather and the holidays.  It was anticipated to receive a letter from the owner’s lawyer, which he believes has not yet been received.

 

City Counselor David Ramsay agreed the letter has not been received.  It was expected last week, but it did not arrive.  He will follow up on this.

 

Mr. Wingerson stated Staff continues to document the activity and will move forward accordingly.

 

Councilman Les Smith began by saying he knows one of the provisions of home occupancy is that there will be no visible signs of activity, including the storage of vehicles and trailers.  Councilman Smith said he feels confident there have been at least two or three such vehicles at this address since the last City Council meeting.

 

Councilman Smith welcomed Mr. Chuck Williams and said he has had a “baptism by fire” with the recent weather events.  Rightfully so, in Gladstone, folks do expect the snow to be caught before it hits the ground.  Councilman Smith inquired into the property at 207 NE 72nd Street, which is an office building in a state of what appears to be disrepair, although it may be nothing more than paint.  Councilman Smith said he believes this code enforcement case has been continued a couple of times at the municipal court level.  That same person owns property just to the north of the Quik Trip on Prospect.  It is a boarded up house, with a large picture window completely broken out, and located on a major entrance point to our City.  Councilman Smith said he did not know if this location has been to the courts yet, but this particular property owner continues to apparently not care about what the property he owns looks like in our City.  That is not in any way at all enhancing our ability to attract business to our City, and causes an image problem.  Councilman Smith asked how long these two locations have been under review for City codes violation, where they stand, and if the judges are not acting aggressively enough, he would like to know that.

 

Assistant City Manager Wingerson reported the North Prospect property is under a demolition order and Staff is just waiting for an additional notice period to expire.  The property on 72nd Street is a little more complex.  The issue at that address is rust on the side of the building.  The building is faced with real stucco and the owner’s argument to the municipal court system is that it is very difficult to find a product to paint it in an appropriate fashion.  The court system is involved and when the case is heard, City staff will testify as to what our research indicates as it relates to painting stucco.

 

Councilman Smith said he would be happy to provide some information tomorrow morning on material used to do such painting.

 

Mayor Pro Tem Carol Rudi welcomed Mr. Williams and Melinda Mehaffy, the new Economic Development Administrator.  Councilman Rudi stated she is glad Mr. Williams and Ms. Mehaffy have joined the City.

 

Mayor Wayne Beer welcomed Mr. Williams, and said he was not in town last week during the ice storm, but he knows Mr. Williams came on board on Monday and work began in earnest on Tuesday.

 

Item 8. on the Agenda.             COMMUNICATIONS FROM THE CITY MANAGER

 

City Manager Kirk Davis welcomed everyone back from the holidays, and stated the fallout from the recent storm dictated that the Public Works site be opened for the public to drop off their their brush.  The drop off site will be opened this week, this weekend, and all of next week and the following weekend.  The need will be monitored from there.  Hopefully, residents will take advantage of this opportunity. 

 

City Manager Davis stated the Distinguished Budget Award was presented to our City again this year, and he acknowledged former Finance Director Cash Sweiven and his involvement in this budget. 

 

Item 9. on the Agenda.             FIRST READING SUBSTITUTE BILL 04-48, prohibiting parking of commercial vehicles on commercial property where such parking is expressly prohibited by signs posted by the property owner.

 

Councilman Les Smith moved to place Substitute Bill No. 04-48 on First Reading.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, 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 Substitute Bill 04-48, 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, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Councilman Les Smith moved to accept the Second and Final Reading of Bill 04-48 and enact the Bill as Ordinance 3.938.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Councilman Les Smith thanked the Council for discussion on this Bill at the last meeting and also City Counselor Ramsay for incorporating all of the changes that were requested.  This Bill allows relief to those who need it, but also places a burden on the property owner to make it happen.

 

Roll Call Vote:  All “aye” - Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0). 

 

Item 10. on the Agenda.           CONTINUED 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 North Antioch Road, including the vacant parcel to the north and east.  Applicant/Owner:  Terry Morgason.  (File #1238)

        

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 he would like to begin with a small bit of housekeeping and said Item 10b. on the Agenda, Bill 05-02, references the construction of an auto sales facility.  That is incorrect, and he asked that Bill 05-02 be changed to read as a retail facility.

 

Mr. Wingerson stated the applicant is requesting two actions from City Council.  The first is a zoning change.  The current zoning of the property is split, with one portion of the property located at the southwest corner zoned as C3.  It was home to Precision Tune and it is now currently vacant.  The second parcel wraps that parcel to the north and to the east, and is currently zoned R-1.  The applicant is requesting zoning change from those two classifications to CP-2 as the agenda indicates.  The second action requested of Council is a site plan approval, which would allow construction of approximately 16,000 square feet of retail space together with normal accessories such as parking, trash delivery and those types of items.

 

Mr. Wingerson said there were two issues raised during the Public Hearing process.  The first was the location of the dumpster.  Originally the dumpster enclosure was to be located at the southeast corner of the facility.  That has been relocated to the northwest portion of the property.  One of the conditions of Staff is that the dumpster is enclosed with materials consistent with the primary building.  The other issue had to do with ingress and egress.  The property is proposed to have a single ingress/egress point on Antioch Road.  The applicant has coordinated with the Missouri Department of Transportation, and Staff believes that will be satisfactory to the Missouri Department of Transportation.  Mr. Wingerson said the second point of ingress/egress is on 57th Terrace at the south edge of the project.  During the site visit, it was determined that there is a grade concern on 57th Terrace, for cars traveling westbound on 57th Terrace approaching Antioch Road, or Route 1.  The Planning Commission asks that a strategy be developed to address that concern for the development of this property, as well as potential development to the south on 57th Terrace. 

 

Mr. Wingerson asked that a condition be added to Bill 05-02 that requires the negotiation and execution of a development agreement and approval of City Council to address the grade concerns at 57th Terrace.  The applicant/owner is agreeable to this condition and would like the project to move forward.  Mr. Wingerson said there are a couple of Staff conditions having to do with operation of the facility in terms of the trash and tractor-trailer deliveries limited to the hours of 7:00 AM to 10:00 PM.  There are several closed driveway points, and Staff would like those to be replaced with curb, gutter and sidewalk.  Other conditions include the typical public and neighborhood preservation type issues.  The Planning Commission recommends unanimous approval of this application with a vote of 11-0.

 

Applicant Presentation

 

Dennis Markey, Architect with Rees, Masilionis, Turley Architecture, stated the owner, Terry Morgason, was present at the meeting.  Mr. Markey stated that early on this site was looked at in several different fashions as to things that could be done with it.  There were several options of ways to incorporate the best use for this project.  Through a series of evolution the applicant decided on the 16,000 square foot retail facility as shown.  The building is on a piece of land that slopes from the north to south, and the proposal shows that they will be raising the lower end of the lot, lowering the higher end, and flattening out most of the site by removing quite a bit of dirt.  The site will end up with a fairly flat profile when completed.  In moving the dirt, the water detention requirements are also being considered.  Mr. Markey pointed out on a drawing that along Antioch Road there is a retaining wall that is against the parking lot, which is raising up the parking lot from the existing height of about 3 feet and taking off about 10 feet from the back.  The second retaining wall, closer to Antioch Road, will actually retain the water runoff from the parking lot.

 

Mr. Markey stated to address traffic flow, a widened area has been added to the access to Antioch Road.  The purpose of that is to have two lanes going out and to allow for a left hand turning lane.  The second access to the site is on 57th Terrace, and through a series of site visits, it was determined that this is probably the best location given the distance from Antioch Road and from the property line to the east.  As part of the project, it is planned to lower a hump on 57th Terrace about three feet.  This should help with site distance in seeing oncoming traffic.  The trash enclosure has been moved from the south side of the building to the north end of the project, and given the same materials of the building.  Mr. Markey pointed out on the drawings the different types of materials for the proposed building.  The building has been designed for maximum flexibility and will be on one elevation.  Tenants of various sizes can be considered over the years. 

 

Comments from those in Favor of the Application

 

Terry Hoppenthaler, 2076 NE 57th Terrace, stated she appreciated the applicant addressing the neighborhood’s concerns and she looks forward to the development.

 

Comments from those Opposed to the Application

 

There was no one to speak in opposition to the application.

 

Mayor Beer closed the Public Hearing.

 

Item 10a. on the Agenda.         FIRST READING BILL 05-01, amending Ordinance No. 2.292 and being an ordinance relating to Zoning Ordinance Regulations and the establishment of Use Districts within the City of Gladstone, Missouri.

 

Mayor Pro Tem Carol Rudi moved to place Bill No. 05-01 on First Reading.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Mayor Pro Tem Carol Rudi moved to accept the First Reading of Bill 05-01, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, 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 05-01 and enact the Bill as Ordinance 3.939.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Councilman Les Smith asked Mr. Wingerson if the deliveries and trash service between the hours of 7:00 AM and 10:00 PM is consistent with the City’s regulations.

 

Mr. Wingerson replied, yes, it is generally consistent, but is on the restrictive side, because of the proximity to the single-family homes to the south and to the east.

 

Roll Call Vote:  All “aye” - Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0). 

 

Item 10b. on the Agenda.         FIRST READING BILL 05-02, approving a site plan revision for property legally described as all of lot 95, except the east 5’ thereof and all of lot 96, Evanston Place, an addition in accordance with the recorded plat thereof and to the City of Gladstone, Clay County, Missouri except that part conveyed to the state of Missouri for road purposes as set forth in deed filed of record as document #c24933 and recorded in book 993, page 496. this property is more commonly known as 5711 N. Antioch including the vacant parcel to the north and east; and specifically relating to construction of a retail facility.

 

Councilman Les Smith moved to place Bill No. 05-02 on First Reading, adding Condition Number 8, which shall state the Developer shall negotiate and execute a mutually acceptable development agreement with the City related to the partial reconstruction of NE 57 Terrace.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, 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 05-02 as amended, 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, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Councilman Les Smith moved to accept the Second and Final Reading of Bill 05-02 as amended and enact the Bill as Ordinance 3.940.  Mayor Pro Tem Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Roll Call Vote:  All “aye” - Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0). 

 

Item 11. on the Agenda.           CONTINUED PUBLIC HEARING on a request to rezone from CP-3 (Commercial Planned Business) to CP-1 (Commercial Planned Local Business) and a Site Plan Revision at property located at 6051 North Chestnut.  Applicant DDG. Inc.  Owner:  Aly-Beck.  (File #1240)

 

Mayor Beer opened the Public Hearing and explained the hearing process would be the same as before with City Staff making 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 three actions from City Council members tonight.  The first is a zoning change that was originated by the Planning Commission from the current zoning of CP-3 to CP-1.  The second action is a site plan approval to consider development of a 3,600 square foot office building.  The third is a building permit consideration for approval to construct the facility.  Mr. Wingerson reported there are seven recommended Staff conditions.  The Planning Commission voted 11-0 in favor of recommending approval by City Council of this application.

 

Applicant Presentation

 

Marcus Thomas, Architect for DDG, Incorporated, stated a 3,600 square foot facility is proposed.  The project is in an existing commercial center, and is one of the remaining lots that has not been completed.  Mr. Thomas pointed out displayed renderings and said it is proposed that approximately one half of the building will be occupied by the owner of the building, who operates a medical staffing office, with very little walk-in traffic.  The office coordinates and arranges for nurses and emergency doctors to work in emergency rooms and offices that require emergency services.  The remaining half of the building will be for leasing purposes to another Type B occupancy.  It is the intent of the owner to market the facility to professional offices, such as accountant, doctors, or something in this range.  They do not desire a lot of retail traffic in the building.  Mr. Thomas pointed out on the rendering the building materials for the proposed professional office building, and stated the only signage would be the address letters. 

 

Comments from those in Favor of the Application

 

There was no one to speak in favor of the application.

 

Comments from those Opposed to the Application

 

There was no one to speak in opposition to the application.

 

Mayor Beer closed the Public Hearing.

 

Item 11a. on the Agenda.         FIRST READING BILL 05-03, amending Ordinance No. 2.292 and being an ordinance relating to zoning ordinance regulations and the establishment of Use Districts within the City of Gladstone, Missouri.

 

Councilman Les Smith moved to place Bill No. 05-03 on First Reading.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, 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 05-03, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Councilman Les Smith moved to accept the Second and Final Reading of Bill 05-03 and enact the Bill as Ordinance 3.941.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Roll Call Vote:  All “aye” - Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0). 

 

Item 11b. on the Agenda.         FIRST READING BILL 05-04, approving a Site Plan Revision in a CP-1 Zone for property legally described as Lot 1, Replat of Part Tracts 11 and 12, Kendallwood Commercial Center, more commonly known as 6051 North Chestnut.

 

Councilman Joe Evans moved to place Bill No. 05-04 on First Reading.  Councilman Les Smith seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Councilman Joe Evans moved to accept the First Reading of Bill 05-04, Waive the Rule and place the Bill on Second and Final Reading.  Les Smith seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Councilman Joe Evans moved to accept the Second and Final Reading of Bill 05-04 and enact the Bill as Ordinance 3.942.  Councilman Les Smith seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Roll Call Vote:  All “aye” - Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0). 

 

Item 12. on the Agenda.           APPROVAL OF BUILDING PERMIT for construction of a new office building at 6051 North Chestnut Avenue.  Applicant:  DDG, Inc.  Owner:  Aly-Beck.  (BP 04-10000016)

 

Mayor Pro Tem Carol Rudi moved to approve a Building Permit for construction of a new office building at 6051 North Chestnut Avenue.  Applicant:  DDG, Inc.  Owner:  Aly-Beck.  (BP 04-10000016).  Councilman Joe Evans seconded. 

 

Mayor Pro Tem Carol Rudi pointed out that on the second page of the Staff Report, Item Number 3 states that “if a fire alarm is to be installed”.  Mayor Pro Tem Rudi asked if that should really say “if”.

 

Assistant City Manager Scott Wingerson replied that in the Staff Reports there is always the opportunity for an architect to provide alternatives.  If required, the fire alarm will be installed.  If it is not required, then the architect can demonstrate that to the Fire Marshall and Building Official, and that comment would be removed.

 

Councilman Les Smith asked Mr. Wingerson if in approving a building permit when there are various comments from the different City divisions, is City Council’s approval in essence subject to those conditions being met?

 

Mr. Wingerson replied that was correct.

 

The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

Item 13. on the Agenda.           PUBLIC HEARING: for consideration of a Site Plan at property generally located at 5615 North Antioch Road.  Applicant:  United States Construction.  Owner: Sylvia Gould Trust.   (#1241).

 

Mayor Beer explained the Applicant has withdrawn this request, therefore no Public Hearing will be held.

 

Item 14. on the Agenda.           PUBLIC HEARING:  for consideration of a Rezoning and Site Plan at property generally located at 64th Street and North Prospect Avenue.  Applicant:  Northlander Properties, LLC.  Owner:  Curry Investment Company.  (File #1242)

 

Mayor Beer opened the Public Hearing and immediately continued to the Monday, February 28, 2005, City Council meeting pending a recommendation from the Planning Commission.

 

Item 15. on the Agenda.           OTHER BUSINESS

 

Councilman Les Smith stated relative to a Study Session item that was on City Council’s agenda earlier this evening, he would like to make a motion that authorizes the Parks and Recreation Department to pursue providing in-house concession service at the Municipal Swimming Pool and at Happy Rock Park, subject to final approval by the City Manager as to its structure.  Mayor Pro Tem Carol Rudi seconded. 

 

Councilman Joe Evans stated he believed the Gladstone Amphitheatre was to be included, but with a 501 (c) 3 designation, and asked if it should be included in the motion.

 

Councilman Smith replied that as he read the Staff memo it was specific to in-house concession services at the two facilities mentioned in the motion.  Councilman Smith stated it might be worthwhile to note, as part of this discussion, that, yes, it is the intent for the Amphitheatre’s concession services not to be in-house, but for Staff to organize its concessions with a 501 (c) 3 organization.  The in-house service, which would cause the City some expense and exposure is limited to the Municipal Pool and Happy Rock Park.  Councilman Smith continued by saying that although Staff’s report did reference the Happy Rock Park Softball Complex, he would like for it to be for the entire Happy Rock Park Complex, which would include the addition on the west side of Antioch Road, should there ever be a concession stand there.

 

The vote:  All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer.  (4-0)

 

Councilman Smith asked because there were two projects approved this evening that have worked very well through the process with the Planning Commission and there have been some changes, if the Planning Commission should add or delete recommendations, to the original Staff Report , are those automatically included in what comes before City Council, or do they need to be added or deleted by City Council.

 

Mr. Wingerson replied what the Planning Commission recommends is what Staff presents to the City Council.  Unless there is a specific reference, such as in the case of the first change this evening, which was the addition of a developer’s agreement.  The developer’s agreement addition was based on a Planning Commission recommendation and was added verbally this evening, and on the second change, it was the zoning change that the Planning Commission requested. In these cases Mr. Wingerson tries to bring Council’s attention to them, but if he does not, they are included in the Ordinance that is provided to City Council members.

 

Item 16. on the Agenda.           QUESTIONS FROM THE NEWS MEDIA

 

There were no questions from the News Media.

 

Item 17. on the Agenda.           ADJOURNMENT

There being no further business to come before the December 13, 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