MINUTES
CITY COUNCIL MEETING
REGULAR 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
grade at
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.
Students from
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)
REGULAR AGENDA
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.
(BP 05-10000138)
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).
Respectfully submitted:
___________________________
Cathy Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Wayne Beer