CITY COUNCIL MEETING
MONDAY MARCH 28, 2005
PRESENT: Mayor Wayne Beer
Mayor Pro Tem Carol Rudi
Councilman Bill Cross
Councilman Les Smith
Councilman Joe Evans
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
Mayor Wayne Beer opened the Regular March 28, 2005, City Council Meeting at
7:30 PM in the
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Wayne Beer introduced Wolf Den 5 of Pack #354, sponsored by the Chapel Hill Elementary PTA, who presented the Color Guard and led the Pledge of Allegiance, in which all joined.
Mayor Beer asked Den leader Jim Niederberger to
introduce the members of Wolf Den 5. Mr.
Niederberger said that most of the Cub Scouts in attendance are in 2nd
Item 4. on the Agenda. APPROVAL OF THE REGULAR FEBRUARY 28, 2005 CITY COUNCIL MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular February 28, 2005, City Council Meeting Minutes as presented. Councilman Joe Evans seconded the motion.
Mayor Pro Tem Carol Rudi stated there were names that needed to be corrected in the Court Reporter’s record and presented to City Clerk Cathy Swenson the list of corrections for incorporation in the minutes.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi and Mayor Wayne Beer.
Item 4a. on the Agenda. Mayor Beer read a PROCLAMATION designating
April 1, 2005, as “ARBOR DAY” in
Parks and Recreation Director Sheila Lillis accepted the
proclamation and offered her thanks to Mayor Beer and City Council
members. Director Lillis invited all to
attend the Arbor Day celebration at
10:30 AM, Friday, April 1, 2005, at Flora Park.
Item 4b. on the Agenda. Mayor Beer read a PROCLAMATION designating
April 4-10, 2005, as “PUBLIC HEALTH WEEK” in
Item 5. on the Agenda. CONSENT AGENDA
CONSENT AGENDA DETAIL
Councilman Bill Cross moved to accept the Consent Agenda as presented. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-05-23, authorizing execution of a contract with Miller Paving & Construction, LLC. for the total amount not to exceed $226,813.75 for the 2005 Curb and Sidewalk Program Project 055007. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION
R-05-24, authorizing execution of a contract with Apac-Kansas, Inc.
Councilman Bill Cross moved to adopt RESOLUTION R-05-25, authorizing execution of a contract with Musselman & Hall Contractors, LLC. for the total amount not to exceed $171,361.00 for the 2005 Intermediate Maintenance Program Project 055003. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-05-26, authorizing acceptance of work under contract with Musselman & Hall Contractors, LLC. for the 2004 Intermediate Maintenance Program, and authorizing final payment in the amount of $13,486.91 for Project 045003. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION
R-05-27, authorizing the sale of a tract of Real Estate owned by the City
located at the southeast corner of
Councilman Bill Cross moved to adopt RESOLUTION
R-05-28, accepting a Permanent Easement from property owners in conjunction
with the sale of the property at the southeast corner of
Councilman Bill Cross moved to adopt RESOLUTION R-05-29, a Resolution of the City Council of the City of Gladstone, Missouri, determining its intent to reimburse itself for certain Capital Expenditures. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-05-30, authorizing acceptance of work under contract with Kraus-Anderson Construction Company for the new Gladstone Fire Station on North Oak Trafficway, and authorizing final payment in the amount of $69,473.50 for Project 025602. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION
R-05-31, authorizing the City Manager to accept a Bill of Sale from the
Meadowbrook Townhomes Association and Insituform Technologies,
Councilman Bill Cross moved to adopt RESOLUTION R-05-32, disclosing and ratifying the City Council’s prior actions in purchasing certain tracts of land for potential redevelopment. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION
R-05-33, accepting a Temporary Construction Easement from a property owner
in conjunction with the
Councilman Bill Cross moved to adopt RESOLUTION R-05-34, accepting a Temporary Construction Easement and a Permanent Easement from a property owner in conjunction with the 2005 Curb and Sidewalk Program; Northeast 61st Street from North Oak to North Wyandotte Project 055007. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-05-35, accepting a Temporary Construction Easement and a Permanent Easement from a property owner in conjunction with the 2200 Block of Northeast 60th Street Storm Sewer Improvements Project 045030. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve a LIMITED ONE DAY LIQUOR BY THE LICENSE to St. Charles Borromeo Church, 804 Shady Lane Drive, for the Annual Auction on April 9, 2005.. Hours: 6:00 PM - 12:00 Midnight. Managing Officer: Mr. Paul G. Danaher. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve the FINANCIAL REPORTS FOR FEBRUARY 2005. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE
Shirley Smith, 103 NE 67th Street, stated as she is a former Councilman, she is aware of the number of decisions that are rendered through a year. Some are housekeeping or fairly routine, but some have the potential of affecting the City for years to come.
Ms. Smith said she lives in Gladstone by choice, not by necessity. Councils through the years have made good decisions which have helped bring this City to where it is – a great little place to live.
Ms. Smith continued by saying she knows that City Council members are mostly contacted by citizens about troublesome situations, so she decided to attend this meeting to tell Council members that, although she can only speak for herself, she wished to assure Council that thousands of citizens approve of Council’s decisions and trust City Council members to keep on considering the whole of, and future of, Gladstone as they go about the task of leading this City.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL
Councilman Joe Evans offered his condolences to Leroy Gunselman on the loss of his wife, Connie.
Councilman Les Smith offered his condolences to Mr. Gunselman. Councilman Smith stated there were a couple of issues brought up at the 64th and Prospect Public Hearing at the last City Council meeting, and he wanted to be certain answers were given to people about those issues. One issue was the exhaust or carbon monoxide detector at the Fire Station that tends to go off in the middle of the night. The other issue was if the traffic signal at the fire station could be converted to a functional traffic signal.
Assistant City Manager Scott Wingerson reported there was no progress yet in regard to the loud noise from the Fire Station, and the Missouri Department of Transportation (MoDot) believes the current configuration traffic signal cannot be converted to another type signal.
Councilman Bill Cross stated he and Mayor Beer had the opportunity to go to Washington, D.C., and the learning experience was a great opportunity, and the interaction that took place was very helpful. Councilman Cross and Mayor Beer lobbied for several things for Gladstone. Congressman Graves received a Gladstone mug to place on his wall with some of the other City mugs received from his district. Councilman Cross said they did have an opportunity to attend some very educational meetings that will benefit the entire City. Councilman Cross offered his thanks for being able to attend this function.
Mayor Pro Tem Carol Rudi extended her sympathy to Mr. Gunselman on the loss of his wife, Connie.
Mayor Wayne Beer had no comments at this time.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER
City Manager Kirk Davis reported the tentative date of May 14th for the ribbon cutting of the new police headquarters, which is located in the lower level of City Hall. Invitations will be sent out at a later date.
Item 9. on the Agenda. SECOND READING BILL 05-11, 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 accept the First Reading of Bill 05-11, and place the Bill on Second and Final Reading. Councilman Joe Evans seconded.
Councilman Smith stated this has obviously been a difficult decision making process for all of Council. Councilman Smith said he read all of the meeting minutes back to 1978, when this proposal was first brought to the City in any shape or form. Councilman Smith said he was trying to find the history of this location and determine what the objections have been in the neighborhood and what the “up sides” have been, as well. This was precipitated by the fact that whether it be the neighbors who have put a lot of time and effort into this, the developer, or the applicant who has spent a lot of time and money on this project, they deserve to know why we make our decision.
Councilman Smith said he sat down Saturday evening to justify for the developer why he was going to vote in opposition to this proposal. Councilman Smith said as he went through the list of objections that he had of record, something did not add up very well, so he spent part of Easter Sunday and today walking the property. Councilman Smith said he spent six hours in City Hall reading back even more of the meeting minutes, and more of the Staff recommendations and analysis. The time has come that this property is going to develop. Councilman Smith said he believed that given the economic conditions in this community, that this property is going to develop. Councilman Smith said that in reading through the minutes, he found Delores Limpic made a comment that if the plan could be developed as is currently approved, “that would be a God send”. Councilman Smith said in using the currently approved project as a benchmark, he went through and made a list of most of the objections that were listed at the Planning Commission Public Hearing and the City Council Public Hearing, and compared them to this project.
Councilman Smith began by saying the current plan does not have any requirements for what will be done with M-1 (Missouri 1) Highway to improve the traffic situation. There is almost 25,000 square feet of commercial plan, and nothing to address the traffic issues on North Prospect, and the same for 64th Street. An awfully lot was heard about the pedestrian safety and so forth on 64th Street. Councilman Smith stated both of his children attended Antioch Middle School, and who hasn’t seen the herd of children on the last day of school going down to McDonalds, for example. There were no conditions for 64th Street.
Councilman Smith said the proposed plan cuts the hill down by 6 to 8 feet. The proposed plan will provide sidewalks on both sides of 64th Street. The proposed plan has a “right in” and “right out” only on the western most access point, where on the current plan, it is wide open – full access in either direction. Councilman Smith said he believes some of the issues have been addressed on 64th Street. In the developer’s agreement they have to work something out with our City and with the Missouri Department of Transportation on M-1 Highway, or the project cannot move forward. That is in addition to the acceleration and deceleration lanes that are already planned as part of this project. One of the large objections by one of the dissenting voters of the Planning Commission, where the rezoning passed by an 8-2 vote and the site plan revision passed on a 7-3 vote, was the fact that there were two fast food businesses on the plan. A condition has been made that there will be only one fast food business on the plan. This is a condition and cannot be changed.
Councilman Smith continued by saying there were comment about multiple fast food businesses might mean multiple pole signs, brightly lit until all hours of the night. This is not allowed in this project and it has been addressed – it was not addressed in the current plan. There was a lot of discussion as to probability of failure, and whether or not the City needs this project, or more retail space. That is not within the purview of this Council to decide. That is an economic decision and a risk factor taken by the developer and by the investors in the project. Councilman Smith said he agrees that the C-1 zoning does allow for a wide range of uses, and Council cannot control exactly what business will go in every one of the spaces. Councilman Smith said he did some research on the Liquor by the Drink Ordinance, and our ordinances do not allow liquor by the drink sales within 100 feet of a school, church or residences in an R-1 (Single Family) to R-4 (Apartments) zoning. That measurement is from the furthest point of the backside of the commercial building to the nearest point on the backside of a residential building. State law allows the City to amend that within the City ordinance to be 300 feet, which is something Councilman Smith would like Council to consider at a future meeting. Councilman Smith asked City Counselor David Ramsay to prepare an analysis on this issue.
Councilman Smith said there was a comment in both the 1998 Green Lantern Public Hearing and this recent Public Hearing, that perhaps this property is better suited for office buildings and multi-family homes. Councilman Smith stated he was rather confident that there was no one in the audience who wants Council to approve a three or four story apartment building on this property, and he does not feel that would be the best use of that property. Councilman Smith said he read a report today that said there is a glut of office space and it is not a recommended investment, and the projections are for retail space. The demand for retail space is only going to continue to improve north of the river.
Councilman Smith reported the neighborhood presented a letter from a former appraiser Mr. Noble Johnson, who stated there could be an adverse affect on the residential property owners. The City has received a letter from another professional who to some degree at least discredits the letter from Mr. Johnson. Councilman Smith asked Assistant City Manager Scott Wingerson to explain this when Councilman Smith concluded his remarks. Councilman Smith stated drainage issues have been addressed with two detention ponds on the proposed plan. The current plan has one detention basin near M-1 Highway, which Councilman Smith said he is certain everyone will agree, is not enough to serve the entire project. This project cleans up the drainage issues. Councilman Smith agreed that this project would provide commercial zoning further to the west than any existing zoning up and down Antioch Road. The current plan has residential on the west side. The proposed plan does encroach a further distance to the west and towards the residential area.
Councilman Smith said that although it is not in the Master Plan, in last corridor study that he participated in with the City, which was a few years ago, the City did a series of overlay districts of approximately 300 to 400 feet deep along North Oak Trafficway and along North Antioch Road. There was a consensus of the group of people who worked on the Master Plan that there should be overlay districts to get the depth of the commercial zoning we need in this community in order to offer the proper set-backs, parking and so forth.
Councilman Smith stated he had a couple of ideas he would like to suggest in regard to noise pollution that might help. This should be addressed on the site plan vote. One of the things Councilman Smith said he would like to recommend is that the two commercial buildings on the west and on the northwest of the property be moved to the east a bit. There is an over abundance of parking for those two buildings. The parking has been over-designed and there is room to pull about 20 feet out of that parking lot, and pull those buildings about 20 feet farther away from the homes. Councilman Smith said, in walking the property today, the clearing limits are marked with flags on the trees. Most of the decent size trees remain. There are some 4 inch or 5 inch diameter trees that are going to come out. If the buildings are pulled a little closer to the corner, that will preserve even more of the woods.
Councilman Smith said he believed the light pollution issue has been addressed with the lighting plan that has been submitted. There are no requirements or restrictions on lighting in the currently approved plan.
Councilman Smith said the comment was made that the owner of the property might be asking far too much than is practical. Councilman Smith stated he believes he knows what the asking price of the property is, and he read in the Bloch Report that tracts of land this size, that are considered larger than just a pad site on a corner, are actually selling in the range of $4.00 to $9.00 per square foot in the north of the river market. Councilman Smith said it is his understanding the price per square foot of this property is below the $4.00 range.
Councilman Smith continued by saying there are some site lines prepared by the applicant’s Civil Engineer that show the line of sight distance from ground level and the second floor of the houses as they look out over the project. Councilman Smith said he would like to suggest that on the buildings on the west and the north that if this project is approved, there be additional consideration given to the height of the buildings; that they become more residential in nature, with pitch roofs of a more residential type material, with the mechanical units set towards the front side of the buildings, totally screened from visibility and from any sound to the neighbors. Work needs to be done on some plantings along the walls so that even in the winter, the neighbors do not see a retaining wall.
Councilman Smith continued by saying he understands the concerns of the neighborhood and he has friends in the neighborhood, but given all the circumstances, including the potential for residential on the west side, if the grading limits are taken back to put in town homes for example, this property would be graded back to the property line. As it is shown now with the commercial structure, there is 32 feet of existing woods left, and if the buildings are pulled further away, virtually everything that is there now, will be there in the future. A residential development razes all the woods and our engineers confirm that. This is a very significant point. Councilman Smith said if the trade off can be made with more residential in nature buildings and the buffer is maintained that the neighbors want and deserve, then we have come out ahead with this project.
Councilman Smith said he has some suggestions for the property to the very north, which is the drive-through business. The suggestion is to flip flop the plan and not allow any canopy, parking, speakers, or signage on the north or west side of the building. There would be merely a drive-through lane to get from the front around to the backside, and erect a 12 foot wall, with heavily planted evergreens abutting the wall. This should block out headlights and mitigate concerns.
Councilman Smith concluded by saying using Mrs. Limpic’s comment led him to use the current plan as a benchmark. The current plan does not stack up to the proposed plan. If the City really wants to protect the neighbors of this project, this proposed plan really does this better than the plan on record. Although on the current plan the northern most building shows a one-story bank, it does not have to be a bank. There are no guarantees that will be a bank, or restaurant, or what ever is pictured on the plan. If a business falls within a C-1 classification, the City will really be stretching it not to approve something, even if it is other than a bank. The northern most building does have a drive around it. Councilman Smith said in doing the homework, he is ready to move forward with this proposed plan at this time.
Mayor Pro Tem Carol Rudi said she has done a similar evaluation. Councilman Smith states it more eloquently than she can, but there are a couple of items she would like to see included in the proposal. One would be fencing around the detention area. Considering the proximity to the school, this safety feature needs to be added. Another item is matching materials throughout the development.
Councilman Smith stated that in regard to the fencing around the detention basins, he believes that at the detention basin in the middle of the project, there may need to be created an interior wall that might have a fall hazard, and he agrees with Councilman Rudi. On the other basin that will have a gentle 3 to 1 slope, possibly trees and vegetation could be planted on the top of it to give more of a natural appearance, rather than a hard surface like a fence or a wall. On the one that has a fall hazard, Councilman Smith said he concurs that a fence would be in order. Councilman Smith said he agreed with the matching materials. Councilman Smith said it will be a challenge for the architect to incorporate some of the items he talked about and do that throughout the project, but the City does have final approval on building permits that will provide the opportunity to address that issue again.
Mayor Pro Tem Rudi explained this was extremely difficult for her and she has weighed her decision back and forth from being in favor and opposed to the proposal, and has lost many hours of sleep. Councilman Rudi said she lives close to the fire station, so has also heard the noises, and after having lived close to the fire station she has made some adjustments and has become accustomed to some of the issues. Councilman Rudi said at this point, she is in favor of rezoning the property, but what is proposed on paper right now will not serve the neighborhood well. If it were developed as is, there would be so many things that are missing. There are restrictions on lighting and odor that would not be seen on the existing plan. For some of those reasons, Councilman Rudi said she is in favor of the rezoning.
Councilman Bill Cross said he did not do his homework as extensively as Councilman Smith, but he did study on what occurred five years ago, and talked to many citizens in the area. Councilman Cross said he can sympathize with them a great deal, and he feels they bought their homes with the idea that something like this would not be developed. However, they are realists enough to know that development would show up sometime. One of the issues that is troublesome to him is that the hours would extend until midnight. Councilman Cross said that bothered him. Being an educator, he worried about the school. There were promises received about sidewalks, but when there are 6th, 7th, and 8th graders running wild before, during and after school, it is worrisome that something might happen. Councilman Cross said he wished the developer had not gone so far west, and the buffer could be saved for something else.
Councilman Joe Evans said he believed what is proposed and before Council now is a very good plan and City staff has done their due diligence with the developer in order to perfect what he believes will be a very good project for Gladstone.
Mayor Wayne Beer said Councilman Smith has been very eloquent and has expressed many things Mayor Beer would have said. Mayor Beer stated he wished to extend special thanks to the City’s professional staff. The Community Development staff has gone the extra mile in its efforts to reduce some of the bureaucracy that is often a fault given by developers and levied against City governments. City staff took extra effort to take into consideration all of the concerns that were brought forth by the community and all interested parties. City staff has a lot of responsibilities in trying to deal with both the developer’s concerns and the neighborhood’s concerns, and they did so exceptionally well. In doing so they have helped to protect the entire City’s interests. Good redevelopment has been a question brought up a number of times by neighbors surrounding this site as well as other people around town. People are concerned about some of the redevelopment efforts or areas that need to redeveloped in the City with the thought that the development is never going to happen or it is not going to do well, or existing businesses that are closed indicate that there is no market for that kind of business.
Mayor Beer said that one of the things that inhibits the success of a business, whether it is an existing business or a redevelopment business, is the fact that our commercial corridors are under such fragmented ownership that it makes it very difficult for a developer to assemble enough property to do a larger development. The properties that are available where there are failed or marginal businesses, are so small that they cannot adequately support some of the businesses that have failed. These are residential sized properties that are zoned commercially, and there cannot be successful businesses on such small lots. The business climate is not the same today as it was 30 years ago. These small properties and fragmented ownership properties end up with different kinds of businesses that are in many cases considered unsavory or they have limited markets, or produce little or no sales tax. Sales taxes support the City’s police and fire divisions, street maintenance, construction and repair of water mains, and everything that our City provides. Property taxes only provide less than half of the money needed for these services; sales tax makes up the rest. In the last few years, the sales tax climate has been negative. Mayor Beer said he believed our sales tax levels are still reduced to the level of he believes 1996, and asked City Manager Davis for confirmation.
City Manager Kirk Davis replied the year would be 1999.
Mayor Beer continued by saying sales taxes are a vital and necessary evil in the operation of City governments and provision of City services. The previous Green Lantern project at 64th and Prospect failed for a number of reasons. For our City, the merits of the project were just not there. It included a number of environmental hazards that the City was not prepared to want to deal with. It had a high negative impact on the neighborhood and it did not adequately provide services to the entirety of the City’s needs. That project failed on its merits. It was not the correct project for the property. City Council’s job is to ensure the best possible projects and development that can be provided given the circumstances at the time and the location. At the same time Council wants to assure that negative impact on the surrounding neighborhoods is limited as much as is possible, and to serve the needs of the City in its entirety. Mayor Beer said as a result, he would be voting in favor of the rezoning and unless there is new information from Staff, he would be casting a positive vote on the site plan.
Councilman Smith invited Assistant City Manager Scott Wingerson to comment on some of the issues that have been discussed.
Mr. Wingerson said he would like to begin by discussing the information that was provided in Council’s packet late last week. The first item is a letter from J. Brian McHenry, which is in response to property value information provided by Mr. Noble Johnson. Mr. Wingerson said at the Council’s Public Hearing there was a lot of discussion regarding the letter from Mr. Johnson, and Mr. Wingerson said he would like to highlight a couple of items from the McHenry Real Estate Services report. The first being that Mr. Johnson is not a licensed appraiser. Mr. Johnson is a real estate broker, therefore their opinions on value are based on different criteria. Mr. McHenry makes that very clear in his letter dated March 9, 2005. Mr. Wingerson read an excerpt from Mr. McHenry’s report as follows:
Concerning a possible loss in value to the Limpic property, theirs, and several others in the area, are already affected by high traffic flow and the associated noise along both North Prospect and NE 64th Street. Furthermore, commercial property along North Prospect existed prior to the construction of the houses that lie on the west and north sides of the subject property, whether it is zoned commercial or residential. In buying these located near and in some cases along high traffic interchange with existing high traffic commercial property, the buyers were, or should have been, aware of this traffic and noise.
According to the plan provided, a significant part of the property is already zoned commercial and changing the zoning of the western part of it to match makes for a homogenous use. Next, a natural buffer exists between the existing commercial and the existing homes, with an additional treed buffer to be created between the potentially rezoned area and the existing homes. If this land is used for residential development, no buffer is required and because of the land, many of the trees would be razed. So, changing the zoning to commercial allows the residents greater say in its use than if it were used residentially.
Next, a plan provided showed 9 lots in the RCH-1 zoned area. If these residential properties are 2,500 square feet each, this equals 22,500 square feet of gross floor area. The plan provided to rezone this ground contains two buildings that total 20,000 square feet, a less dense use by 2,500 square feet or 13 percent.
In closing this consulting service section, I do not develop an opinion as to whether the homes will or won’t be harmed by changing the zoning of the western part of the subject site. This is already a high traffic area because of the middle school with heavy bus traffic on the west, 64th Street being a through road between North Prospect and North Oak, and heavy traffic up and down North Prospect. Not only is this area noisy because of traffic, there are already heavy commercial services in plain view from many of the homes. Changing the distance between them by a few hundred feet does equal the creation of a new influence. A thoroughly prepared and appropriately developed appraisal and market study on a property by property basis would be required to fully ascertain any effect the proposed project would have on any of the adjoining properties. The study would have to be this thorough to analyze the possible influence of the new proposal versus the existing influences.
Mr. Wingerson said the letter is signed by J. Brian McHenry of Real Estate Appraisal, Analysis and Consultation. Mr. Wingerson reported that attached to the letter are the qualifications of Mr. McHenry and the letter from Pryor Appraisal Services and Mr. Noble Johnson, along with Mr. Johnson’s credentials.
Mr. Wingerson said there was also in Council’s packet a letter dated March 23, 2005, that has to do with development density. According to the letter the proposed 64th and Prospect plan that is being discussed tonight contains approximately 4,175 square feet of building per acre. Using Councilman Smith’s terminology, that is the benchmark. The letter also states that Prospect Plaza contains 9,762 square feet of buildings per acre; Commerce Bank has about 5,850 square feet of building per acre; Westlake Hardware has 9,091 square feet of building per acre; Shops of Kendallwood has 9,400 square feet of buildings per acre; and there are several others with an average of 8,805 square feet of building per acre. The conclusion of the letter is that this development is less aggressive in terms of square footage than many other developments along the same corridor.
Mr. Wingerson stated there is also in Council’s packet a currently approved development plan, Staff report, and site plans that have been the subject of Public Hearings. There is also a letter from Mr. and Mrs. Umphenour that was received today concerning this request. There is also a significant packet of information from Mr. Robert Settich. Mr. Settich has taken it upon himself to do a lot of homework concerning sight and visibility lines and has done a very good job. His conclusion is that under the current plan, some of the mechanical equipment would be viewable from some of the locations.
Mr. Wingerson continued by saying that City Council asked that the City employ a traffic engineer to review the traffic study provided by the developer. The City employed a company by the name of TranSystems Corporation, who is a world wide renowned traffic engineering firm. Mr. Tom Swenson, who has done numerous traffic studies for the City performed the review. In Council’s packet is a complete review. Mr. Wingerson said he discussed with Mr. Swenson the ability to condense it into something that could be read tonight, and is as follows:
Although the specific methodology and specific techniques vary, TranSystems believes that the basic concepts and strategies employed by the developer traffic study are appropriate. Staff recommended conditions concerning the deceleration lane on 64th Street and the use of right in/right out devices address those related concerns.
A concern remains relative to the M-1 driveway. Solutions to this concern are complex and difficult to achieve. Resolution of this issue is a recommended condition and the subject of a future development agreement. Solution of this issue lies in continued discussion with MoDot, City staff, the developer and TranSystems.
Mr. Wingerson said in very basic terms, the traffic engineers may not have agreed on exactly the specific techniques utilized between the two engineering firms, but they came to the same conclusion. The conclusion being there is a concern at 64th and North Wabash because of sight distance, there is a concern at 64th Street, east of there, near the intersection of North Prospect having to do with queuing distances backing into that intersection and causing traffic problems, and a concern at M-1 Highway related to traffic safety. Both engineers agree that reducing the hill at North Wabash, increasing the sight distances, and instituting the right in/right out devices is the proper solution. Both engineers agree that the inclusion of a deceleration lane on 64th, which is a recommended condition, is appropriate to solve the queuing concern. They agree that the intersection of the driveway at North Prospect is a concern. That is the reason it is part of a future development agreement and all parties involved will have an opportunity to address it. Basically the developer’s traffic study and the traffic study review performed by TranSystems are consistent in their solution to the concerns.
Mr. Wingerson brought Council’s attention to a Power Point presentation that began with an aerial photograph that shows the northwest corner of 64th Street and North Prospect. Mr. Wingerson discussed the site plan, pointing out the pad sites and buildings. Mr. Wingerson then discussed sight lines from homes and various locations in the proposed development. Mr. Wingerson pointed out one of the things Councilman Smith had discussed was the possibility of adding an architecturally compatible wall, which would reduce the sight lines and the ability to view a large majority of the development. Mr. Wingerson mentioned the landscape plan, and erosion control and sediment control plan. Mr. Wingerson pointed out the exhibit that showed the reduction of the hill at 64th and North Wabash, which is a combination of cut and fill. The Power Point presentation included the approved development plan and the Green Lantern Plan.
Councilman Smith asked Mr. Wingerson if there were 26 conditions in the site plan revision Bill. Mr. Wingerson agreed that was correct.
Councilman Smith said he would like to highlight one of the conditions, which is Condition 23, as follows:
The developer and City shall negotiate and enter into a development agreement that provides for improvements to M-1 designed to improve traffic safety and mitigate traffic congestion. The agreement shall also provide for reconstruction of NE 64th Street at North Wabash to create safe sight distances and provide curb, gutter and sidewalk. Finally, the development agreement will analyze and repair any currently exposed sanitary sewers.
Roll Call Vote: “Aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. “Nay” – Councilman Bill Cross (4-1). The Clerk read the Bill.
Councilman Les Smith moved to accept the Second and Final Reading of Bill 05-11 and enact the Bill as Ordinance 3.950. Councilman Joe Evans seconded.
Roll Call Vote: “Aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. “Nay” – Councilman Bill Cross (4-1).
Item 10. on the Agenda. FIRST READING BILL 05-12, approving a Site Plan revision in a CP-1 (Commercial Planned Local Business) Zone for property at 64th Street and North Prospect Avenue.
Councilman Les Smith moved to place Bill No. 05-12 on First Reading with the additional conditions hereto:
27. Alternative solutions to screening mechanical equipment shall be developed. Mechanical equipment shall not be visible from any adjacent single-family home or from any point of the 64th/Prospect intersection. Mechanical and physical sound reducing strategies shall be instituted to ensure a noise level less than or equal to a typical single-family home. A revised plan shall be reviewed and presented as part of any development permits.
28. All retaining walls visible from adjacent single-family homes shall be aggressively planted with rapid growing and sustainable vines.
29. Both detention basins shall be enclosed by a decorative fence or extensive tree and/or shrub plantings not less than 42” in height. Fence material shall be wrought iron, tubular steel or similar.
30. The developer shall draft restrictive covenants applicable to the entire site. At minimum, these restrictions shall be designed to ensure architectural compatibility between all segments of the development. These restrictions shall address overall scale, massing, materials, colors and general design philosophy. These restrictions shall be submitted to staff and approved by the City Council prior to recording and prior to issuance of development permits.
31. The development shall be limited to one (1) drive-through restaurant.
32. Evergreen plantings shall be utilized along the north and west development boundaries. (See proposed conditions relating to overall landscaping.)
33. An architecturally compatible sound and visual screening wall shall be constructed approximately 6’ south of the proposed retaining wall adjacent to lot 1. The wall shall be 12’ in height and planted with evergreen trees.
34. No parking or canopy shall be allowed on the north side of the building on lot 1. No speakers shall be located on the north or west sides of the building.
35. Additional evergreen trees shall be installed in a basic triangular pattern west of and adjacent to tracts A and B.
36. Retail buildings on lot 4 shall contain a pitched roof parapet feature. The design of this feature shall further screen mechanical equipment and enhance overall visual screening. The roof material shall be earth tone to bronze standing seam or compatible composition shingles.
37. If possible with the current grading plan, strip retail building #1 and strip retail building #2 as shown on the plan, shall be moved at least 10 feet further to the east.
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). The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 05-12, 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, 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 05-12 and enact the Bill as Ordinance 3.951. Councilman Joe Evans 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 11. on the Agenda. APPROVAL OF A BUILDING PERMIT: for a new office building, “The Pavillion at Englewood Court”, located at 305 NW Englewood Court. Owner: CPA Land Ventures, LLC. Applicant: Mancuso Construction.
Mayor Pro Tem Carol Rudi moved to approve a BUILDING PERMIT for a new office building, “The Pavillion at Englewood Court”, located at 305 NW Englewood Court. Owner: CPA Land Ventures, LLC. Applicant: Mancuso Construction. (BP 05-10000138). Councilman Bill Cross seconded.
Councilman Smith stated that at one point in time he had an ownership interest in this property, but has not had an ownership interest for about a year, so he has no interest in the property whatsoever.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Item 12. on the Agenda. PUBLIC HEARING: on a request for a Site Plan Revision for Gladstone Gifts, LLC property located at 6100 North Oak Trafficway. Owner/Applicant: Gladstone Gifts LLC. File No. 1246
Mayor Beer opened the Public Hearing and immediately continued the Public Hearing to the Monday, April 25, 2005, City Council meeting at the request of the applicant.
Item 13. on the Agenda. OTHER BUSINESS.
There was no Other Business.
Item 14. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 15. on the Agenda. ADJOURNMENT
There being no further business to come before the March 28, 2005, Gladstone City Council Meeting, Mayor Wayne Beer adjourned the Regular Meeting.
Mayor Pro Tem Carol Rudi made a motion to adjourn to Closed Executive Session pursuant to the Missouri Open Meeting Act exemption 610.021(1) for Litigation and Confidential or Privileged Communications with Legal Counsel, 610.021(2) for Real Estate Acquisition Discussion, and 610.021(3) for Personnel Discussion. Councilman Joe Evans seconded the motion.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0).
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Wayne Beer