PRESENT:          Mayor Carol Rudi

                             Mayor Pro Tem Bill Cross

                             Councilman Les Smith

                             Councilman Wayne Beer

                             Councilman Joe Evans


City Manager Kirk Davis

City Counselor David Ramsay

Assistant City Manager Scott Wingerson

City Clerk Cathy Swenson


Mayor Carol Rudi opened the Regular April 25, 2005, City Council Meeting at

7:30 PM in the Gladstone City Council Chambers.  


Item 3. on the Agenda.             PLEDGE OF ALLEGIANCE.


Mayor Carol Rudi led the Pledge of Allegiance, in which all joined.




Councilman Wayne Beer moved to approve the Regular April 11, 2005, City Council Meeting Minutes as presented.  Mayor Pro Tem Bill Cross seconded the motion. 


The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0)


Item 4a. on the Agenda.           Mayor Carol Rudi read a PROCLAMATION designating May 8th-14th, 2005, as “BUILDING SAFETY WEEK” in Gladstone, Missouri.  Sponsored by the International Code Council.  Building Official Alan Napoli accepted and thanked Council members for the proclamation.


Item 5. on the Agenda.             CONSENT AGENDA




Councilman Joe Evans requested that Resolution R-05-38 be removed from the Consent Agenda and be considered as Item 5a. on the Regular Agenda.


Mayor Pro Tem Bill Cross moved to accept the Consent Agenda as amended.  Councilman Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)


Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-37, authorizing execution of a contract with Superior Electrical Construction, Incorporated in the total amount not to exceed $88,400.00 for the Well Pump Electrical Replacement Project 044093.  Councilman Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)


Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-39, accepting a Temporary Construction Easement and Permanent Easement from a property owner in conjunction with the Northeast 67th and North Indiana Avenue Storm Sewer Improvements Project (055022).  Councilman Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)


Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-40, authorizing the City Manager to enter into a modified agreement with the City of Kansas City, Missouri for the payment of fees associated with the disposal of Lime-Sludge.  Councilman Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)


Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-41, authorizing execution of a Water Tower Antenna Site Lease with SMSA Limited Partnership, doing business as Cingular Wireless for the Antioch Water Tower location.  Councilman Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)


Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-42, 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 Wayne Beer seconded.  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)


Mayor Pro Tem Bill Cross moved to approve the FINANCIAL REPORTS FOR MARCH 2005.  Councilman Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi. (5-0)




Item 5a. on the Agenda.           RESOLUTION R-05-38, authorizing execution of a contract with Anderson Backhoe Incorporated in the total amount not to exceed $154,195.00 for the Northeast 67th and North Indiana Drainage Improvements.  Project 055023.


Councilman Les Smith moved to approve RESOLUTION R-05-38, authorizing execution of a contract with Anderson Backhoe Incorporated in the total amount not to exceed $154,195.00 for the Northeast 67th and North Indiana Drainage Improvements.  Project 055023.  Councilman Wayne Beer seconded.


Councilman Joe Evans explained he would be abstaining from the vote as he has on going business relations with Stanley Anderson of Anderson Backhoe.


The vote:  “Aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  “Abstain” – Councilman Joe Evans.  (4-0-1).


Item 6. on the Agenda.             COMMUNICATIONS FROM THE AUDIENCE


There were no comments from the audience.


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


Councilman Joe Evans asked Assistant City Manager Scott Wingerson if there were any updates from the attorney for MBW Builders.


Assistant City Manager Wingerson replied there were no new updates from the attorney.  Staff will proceed with enforcement action.


Councilman Evans stated there was a fire at the apartments at 71st Street and North Prospect, and he thanked Public Safety Director Bill Adamo for his department’s quick response.  They did a great job.


Councilman Les Smith welcomed back Administrative Assistant Diane Whitaker, and stated he is glad she is doing well with her health issues. 


Councilman Smith stated Council members received an invitation to the North Kansas City Baseball Association opening day celebration on April 30th.  Councilman Smith said he played in this league as a child, and would like to congratulate them on their opening day celebration.  Unfortunately, he will be out of town and unable to attend.


Councilman Smith expressed his disappointment with one of our local Representatives who voted in favor of House Bill 209, which is the telecommunication bill.  Representative Silvey chose not to support the City’s position on this bill.  Councilman Smith said he wished to publicly thank Representative Skaggs and Representative Nolte for their vote in opposition of the bill.  Councilman Smith explained that if this bill passes the Senate, it could cost the City an excess of approximately one half million dollars per year in revenues, because of legislation being supported by the telecommunications industry.


Councilman Smith addressed City Manager Kirk Davis and Assistant City Manager Scott Wingerson by saying Council received a letter from Mary Abbott, who lives on North Broadway.  The letter discusses three or four different projects that still have outstanding issues.  Councilman Smith asked that the issues be resolved in a short order, if they have not already been resolved.  If they are truly outstanding issues, Ms. Abbott raised some valid concerns.


Councilman Wayne Beer stated he is a member of American Legion Post 626, located in Gladstone.  The Post makes available to families with Armed Services active duty members a service banner, commonly referred to as a Blue Star Service Banner.  This Banner signifies that a family member is in active duty in our uniformed services.  Councilman Beer said he would like to present a Blue Star Service Banner to Mayor Rudi, whose daughter’s husband is in the Navy and is stationed in Biloxi, Mississippi, at Keesler Air Force Base.  He is in the weather detachment.


Mayor Rudi thanked Councilman Beer and said this is her second son-in-law who is in the Navy.  They just moved to Biloxi about two weeks ago.  Mayor Rudi said this is very special.


Councilman Wayne Beer reported for the audience that the Blue Star Service Banner began in the latter stages of World War I, whereby a retired infantry Captain decided he would honor his son for his service in World War I.  It became very common during World War II for the Blue Star Banner to be given to families who had active duty members in the Armed Services.  Families place the Banner in a front window of their home.  During the Korean War and the Vietnam War use of the Blue Star Banner declined to the point it was rarely used.  There was limited use of the Blue Star Banner during the first Persian Gulf War.  Through the efforts of veteran’s groups, there is resurgence in use of the Blue Star Banner.  Councilman Beer asked if anyone in the audience currently has an active duty service member in their family to let him know, so he may give them a Blue Star Banner to commemorate their family member’s service.


Mayor Carol Rudi informed the audience that Councilman Beer may be reached at City Hall at 436-2200.


Mayor Pro Tem Bill Cross reported that Gladstone ranks in the top five cities in the Metropolitan area in response times through the Public Safety Department.  There are 116 incorporated cities in the Metropolitan area.  The fire that Councilman Evans mentioned proves how quickly our Public Safety Department does respond, and they held down the damage.  Mayor Pro Tem Cross thanked Public Safety Director Adamo and his Staff for doing such a great job as they always have done.


Mayor Pro Tem Cross agreed with Councilman Smith that he was very disappointed, that after discussions were held with our local Representatives and Senators on both the state and national level, and they say they will do certain things, and then once in a while they do not follow through.  Councilman Cross said he was very proud of Representative Skaggs and Representative Nolte, and disappointed in our other State Representative who voted against House Bill 209. 


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


City Manager Kirk Davis reported the Beautification event is April 30th through May 1st, 8:00 AM to 5:00 PM, in Central Park.  If residents would like to dispose of any unwanted belongings, this will be an opportunity to do so. 


City Manager Davis said Gladstone is a member of the First Tier Suburb Coalition.  This evening, David Warm, Mid America Regional Council Director, dropped off the “idea book”, which is a book telling how to update post World War II housing.  These books will be available in City Hall in the next couple of weeks for reference for builders, homeowners, developers, and so forth.


Mayor Rudi said she was privileged to work in the booth for the Mid America Regional Council and the First Tier Suburbs Coalition at the Home Show, where she saw a preview of the book City Manager Davis mentioned.  If anyone has a home they would like to update, please come into City Hall to look at a book or pick one up to find some great ideas.


Item 9. on the Agenda.             APPROVAL OF NEW CLASS “A&B” 7-DAY LIQUOR BY THE DRINK LICENSE for Stoney’s Bar & Grill, LLC., 6829 North Oak Trafficway.  Managing Officer:  Ryan Frazier.


Mayor Rudi explained this item was continued from the previous City Council meeting, where there was a motion and a second to the motion to approve this application.  Mayor Rudi said she would like to report what has been received since the last meeting regarding this application.  There has been received from City Manager Davis an update regarding the Public Safety contacts at this location.  Information has been received from City Counselor Ramsay regarding State and City Code governing the issuing of a liquor license.  Petitions in opposition to the application have been received from Gladstone Square Apartments, Gladstone Square business owners, and patrons.  Letters have been received from the owner of Kyle’s Tap Room, Joel Weaver, and a Kansas City Police Officer, who is a patron.  Objections included, drugs and underage drinking; littering; noise; concern for patrons of other businesses; parking; security; safety; property damage; lighting; and Public Safety calls.  A letter has been received from James Kessinger, addressing the issues of security, safety, parking, noise, lighting, and Public Safety calls.  At Council’s places this evening there is a letter of opposition from Michelle Masoner, legal representative to Gladstone Square Apartments, regarding civil action between the apartments and The Que.  The letter cites many of the same issues detailed by Mr. Weaver.


Mayor Rudi explained that a liquor license request is normally not a Public Hearing, but Mayor Rudi asked for a show of hands of people who were present and in favor of the application.  Mayor Rudi reported by the show of hands, there were a couple of people in favor of the application.  Mayor Rudi asked for a show of hands the people who were opposed to the application.  Mayor Rudi reported there were quite a few people present who were opposed to the application.  Mayor Rudi said although this is not a Public Hearing, she would allow a few minutes for those opposed to present their concerns and issues to City Council members, and asked for one representative from the Gladstone Square Apartments and one representative from the Gladstone Square businesses.  Mayor Rudi asked for the remarks to be limited to two minutes or less, and to not present any of the issues about which Council has already received information on paper.  Since there were only a couple of people in favor of the application, Mayor Rudi said they might each speak.  Following comments from those people in favor of the application and the representatives of the groups opposed to the application, the applicant will be allowed to respond, and if City staff has any comments, they may do so, followed by City Council discussion. 


Pete Hall, 5621 North Clinton Place, stated he has known the applicants for some years and feels strongly from a business standpoint that trying to provide a place for young people to go was an economic disaster, which is unfortunate.  Mr. Hall said the fastest increasing indoor sport is pool.  There are a similar number of people in pool leagues as bowling leagues.  Mr. Hall said many professional people his age enjoy playing pool at lunchtime and in leagues, and it is one of the fastest growing businesses.  There are several large pool centers in Kansas City, with two north of the river – Side Pockets and The Brass Rail.  Both are very successful.  Mr. Hall said he frequents maybe two or three times a week one of these two restaurants/pool halls.  There seems to be a misperception of what today’s pool hall is, compared to what it was years ago.  There is no comparison. 


Mr. Hall said for this type of business to survive, they must have a liquor license.  It is not a place people go to drink, but rather a place to participate in a league and a sport.  Drinking alcohol is just an aside.  Mr. Hall said he could speak personally to the character of the people who would be operating Stoney’s Bar & Grill and would recommend to Council to highly consider approving this application, so he does not have to leave Gladstone in the future.


Dick Montgomery, 1940 Northeast Vivion Road, said he has been a businessman in the community for 26 years.  Mr. Montgomery stated he is a proponent of the game of pocket billiards.  As a youth, he played pocket billiards in a smoky basement type poolroom, with dominoes and perhaps some gambling.  Mr. Montgomery said he brings this up, because the game of pocket billiards has evolved and is championed by families and leagues and tournaments throughout the United States.  Hopefully, Gladstone will be a part of this process.  Mr. Montgomery said he goes to national tournaments and they are well represented.  Mr. Montgomery said for a number of years he has been the Co-Director of the Heart of America Pool Association, and firmly believes in pool. 


Mr. Montgomery stated he does know the applicant and has been to his establishment for lunch.  The equipment they have is very high grade, and he has not seen any type of problems.  Kansas City has businesses called Side Pockets and The Brass Rail, that are very upscale and do serve alcohol.  Mr. Montgomery said he has played in leagues and has not seen any problems.  Mr. Montgomery said his wife plays pocket billiards, his two sons play, and he would like to see Gladstone have such an establishment.  It would be a wonderful thing for the area.


Mayor Rudi asked if there was a representative from the Gladstone Square Apartments.


Michelle Masoner, Counsel for Gladstone Square Apartments, located at 450 Northeast 68th Street, stated The Que opened last summer and there is a 10-month track record of problems that have been addressed in her letter.  Ms. Masoner said on any given night when the apartment complex is monitoring its parking lot, there will be overflow parking from patrons of the neighboring business in the amount of 90 cars.  The apartment complex itself is only 121 units.  That is almost one additional car per unit in the apartment complex.  It is also twice as many cars as there are spaces at this location.  Lawful businesses can be operated in such a way that it infringes on neighboring property rights.  In this case it is just a question of degree.  This location may not be the best place to have a large evening entertainment district, as it is abutting right next to the apartment complex, and infringing upon those neighbors’ property rights. 


Ms. Masoner continued by saying whatever Council members decide, these two neighbors are going to have to live by one another, and she asks that the Council defer ruling on this application until such time as some of the issues can be worked out between the neighbors either in court or amicably.  Ms. Masoner thanked Council members for their time.


Joel Weaver, owner of Kyle’s Tap Room, located at 6825 North Oak Trafficway, said he would like it duly noted that all of the established business owners within Gladstone Square have signed a petition against the issuance of another liquor license in this area.  Mr. Weaver said they are very concerned with what they have seen over the past 10 months, and don’t believe these issues would be resolved by issuing a Liquor license; in fact they would be escalated.  Mr. Weaver said Gladstone has never issued a Class “A” or “B” Liquor license next to an existing Class “A” or “B” Liquor license.  An example of where this can be a bad thing can be seen close by in Kansas City, where Wetherbee’s existed for years with very minimal police activity.  After Marty’s Barbeque remodeled and turned into a club, police calls have increased 500 percent.  Mr. Weaver said he believes that will be the case with this issue, and the letter from the Kansas City police officer addresses this.  Mr. Weaver said he believed 84 or 85 parking spots are not enough to handle the type of business that they do.  These are high occupancy, low turnover businesses that operate at the same time.  On a Friday or Saturday, Kyle’s Tap Room will fill 40 to 50 spaces and sometimes more.  People have been seen parking across the street at other businesses and running across North Oak Trafficway in traffic, which is a major safety concern, since the nearest stoplight is two blocks away. 


Mr. Weaver said he is certain many of the Gladstone Square business owners are known to Council members, and in some instances have been in business for 20+ years at the same location.  He has been in business for three years and has had very few problems with police calls and that kind of activity, simply because they don’t allow it.  Mr. Weaver said all the Gladstone Square business owners are concerned if this is approved, it could have an adverse affect on their businesses, from property damage, theft, and so forth, and there are not enough parking spots.  Mr. Weaver said they would like to see the issuance of another Liquor license on the same property denied. 


Mayor Rudi invited the applicant to respond.


James Kessinger, Attorney, 6812 North Oak Trafficway, began by saying present tonight is a vocal minority of people who want to maintain the status quo.  The status quo will not be good for The Que, which will, if not cease business, is significantly losing money.  The status quo is that Gladstone will continue not to have what Side Pockets or The Brass Rail has, which is an adult population with good entertainment without problems.  The status quo is to continue to have a teen club in which the teens periodically cause problems.  The complaints that have been heard and are listed in the packet all stem from a 10-month track record for a teen club.  Mr. Kessinger said he brought with him the police call list for The Que for the last ten months.  Mr. Kessinger said he obtained the police call list for another establishment that caters to teens, called Six Pockets, located just up the street.  Their police call list goes on for five pages and is 283 calls during the same time period.  Mr. Kessinger said he knows The Que is under a microscope when they request a liquor license so they can do business and serve a different population, and so they can stay in business.  It is good to put this in perspective.  During the same time period, when The Que had 33 police calls in 10 months, the place up the street that does the same type of business had 283 of the same type of calls. 


Mr. Kessinger stated The Que had 10 percent of the same call list of a business that has been in Gladstone since he arrived in Gladstone.  When he began practicing law, he went to Six Pockets to play pool, and was uncomfortable with the situation they had there, and he never went back.  They are still in business and there is no danger that they will not be in business, but they are not standing here in front of the City Council asking to change their population to improve both their business, the safety and security of the area, and to increase the revenue in Gladstone.  Mr. Kessinger said Mr. Weaver has a personal interest in being here tonight, which is a perception that The Que is going to be in competition with him.  Mr. Weaver also sells liquor and to him this is a competition issue.  Mr. Kessinger said he wants to assure Council members that he does not believe it is a competition issue and they are not targeting Mr. Weaver’s crowd or his market, but rather are targeting Side Pockets and The Brass Rail.  They are trying to keep Gladstone patrons in the highest and fastest growing adult entertainment in the nation and keep the Gladstone residents in Gladstone instead of taking their entertainment dollars outside of Gladstone.  In comparison to the other types of businesses, The Que had a phenomenal record of controlling the problems that are endemic in the teen population.  The Que has also had a better record than some of the bars in the area.  Mr. Kessinger said he had the call list for The Groove, who had a third more calls than The Que. 


Mr. Kessinger said he attended a meeting at City Hall where City staff went over their concerns, and he understands the main concern is how things are handled outside of the business.  There were a couple of problems inside the business, but that was not the majority of the focus.  Anytime there is any type of business that has an entertainment and nighttime market, there will be police calls.  Even Kyle’s Tap Room had police calls.  However, the big focus was outside.  Mr. Kessinger said he believes they implemented all the recommendations of City staff and were happy to do so.  City staff said there are problems in the parking lot, and it is dark in the parking lot, so the applicants have volunteered, even thought it is probably a landlord issue, to go ahead and pay for lights in the parking lot.  They are going to light the north end of the parking lot.  They have volunteered to hire somebody to do a study of the parking lot space, and to stripe the north end to get the maximum use of the parking area. 


Mr. Kessinger said he would like to remind Council members the parking situation does comply with Code.  The materials that the owners of Kyle’s Tap Room submitted talks about how the south end of the parking lot is dark and their patrons do not like to park there; that is really not The Que’s problem.  They could do what the applicants are doing and pay to have the lights put at the south end, if they wish to protect their patrons, or they could have the landlord do what he probably should do and pay for the lighting.  Mr. Kessinger said the applicant has adopted all of the suggestions and recommendations of City staff, and believe the applicants are being good citizens, and their track record shows that in their industry, they have a pretty good record.  They are telling Council they are willing to add and make changes, and to invest even more money to convert their business to an adult format.  The applicant believes by converting to an adult format, they are going to take away 80 to 90 percent of the complaints heard tonight.  The complaints track record relates to a teen crowd, and the applicant believes by converting to an adult format, there will not be the same kinds of problems as with a teen crowd.  Moreover, outside security cameras are being positioned for viewing the parking lot from inside the building.  Professional security personnel are being hired to make rounds outside and inside and in the parking lot. 


Mr. Kessinger said the things The Que are doing are above and beyond the call of duty, and  above and beyond what is at Kyle’s tavern or other similar establishments.  The applicant is doing their best to be good citizens and to protect their investment, and to change the format to provide a better environment.  Mr. Kessinger said the comments made by the Gladstone Square Apartments are not the whole story.  What was not heard from their Counselor, is that that they have already strung a chain across what they perceive to be the boundary line, and this was done several months ago.  They have prevented cars from going back into the apartment complex parking lot.  There is a lawsuit pending.  They sued both The Que and the landlord to protect their property rights.  Mr. Kessinger stated the lawsuit is a much bigger focus than about The Que.  The Que has been put in the middle of everyone else’s agenda.  The landlord would like to have ownership of the parking lot and obviously the apartment building wants to protect their ownership of the parking lot.  The Que is the excuse, but The Que’s patrons do not use this area anymore, as it is blocked off.  Mr. Kessinger said he would suggest that the Gladstone Square Apartments are not coming here totally disinterested in drawing a liquor license either.


Mayor Rudi asked if City staff had any comments.


Assistant City Manager Scott Wingerson began by saying he believed Council heard a very good summary of the issues from both sides of this case, and drew attention to the letter from Mr. Kessinger that outlines some of the activities they are willing to perform as part of this business.  Mr. Wingerson said he would recite those proposals for the benefit of the audience:


·        Add outside lights for the parking lot, which are directed away from the Gladstone Square Apartments.

·        Hire a consultant to arrange and paint parking lot stripes on the north parking lot.

·        Conduct routine patrols outside the facility.

·        Position four of the security cameras, including infrared technology, outside of the building.

·        Post “no loitering” signs.

·        Schedule events, which minimize the chance of excess crowds and monitor the scheduled hours of operation.

·        Adopt a plan for overflow parking.

·        A governor has already been installed on the volume controls of the sound system, which prevents the disc jockey from increasing the volume.

·        A commitment from the ownership to do what they can to limit the time involved by the Department of Public Safety to provide security, and pro-actively head off problems.


Mr. Wingerson said these nine items in addition to a request from City staff that a nightly trash patrol at the site be conducted, would form possible conditions that the City Council may wish to attach to any action regarding this Liquor license.  Council does also have the option for a six-month probationary period, when all these issues could be revisited to ensure compliance.


Mayor Rudi stated there is already a motion and a second, and asked if there was any questions or discussion from Council members.


Councilman Beer stated his understanding is that there are a number of items that must be considered in regard to issuing or granting a Liquor license.  Items include that the owner/applicant and principals involved must be of good moral character, a registered voter in the State of Missouri, pays taxes in the jurisdiction of the business, there must be no known liquor violations or ramifications, no known employee has liquor violations with conviction, the property must be safe and sanitary, and properly zoned.  Councilman Beer said it is his feeling that based on information provided to this Council, this application meets all of those standards.  Some things that are none of the Council’s business are the landlord and tenant issues.  In this particular case that would include parking lot striping and parking lot lighting in excess of what has been provided, which Councilman Beer understands meets Code.  The parking spaces are provided in excess of Code under two levels – a general business, which requires only 56 parking spaces, and the other as an assembly area, which requires 82 parking spaces.  There are 85 spaces. 


Councilman Beer said the applicant has made a number of recommendations to the Council and he recommends those conditions be part of the motion.  Councilman Beer said if those recommendations become part of the motion, and based on everything he has seen and heard tonight and two weeks ago, he will be in support of the application.


Councilman Smith stated what Councilman Beer just said is that City Council can only operate within the guidelines of the authority given to City Council members by law, whether that be State law or City ordinance.  No City Council member may believe that 85 parking spaces are adequate, but if the applicant meets that requirement by City Ordinance. Council is bound to consider that as meeting Code.  Councilman Smith addressed Mr. Weaver by saying he wished he had negotiated a non-compete with his landlord.  The City Ordinances do not prohibit the issuance of a liquor license to a business adjoining another business with a liquor license. 


Councilman Smith said he visited with Mr. and Mrs. Bob Teal, who have a business in this location.  He understands the concerns of the business owners, but this Council is bound to operate within the purview of the law. 


Councilman Smith said Councilman Beer did a good job before, but he would like to go over again the qualifications for a liquor license, and if they are met, Council does not necessarily have the discretion to overrule them.  The questions for the applicant or the managing officer of the corporation are:


·        Is the person of good moral character. 

·        A registered voter of any county, city, town or village within Missouri. 

·        Is a tax paying citizen of any county, city, town or village within Missouri. 

·        Has not previously had a liquor license revoked by the City or the State. 

·        Has not been convicted of a violation of any law respecting the manufacture or sale of liquor or beer. 

·        Does not employ in the business any person whose liquor license has been revoked or who has been convicted of a liquor law violation.

·        Plans and proposes to conduct business in compliance with the laws of Missouri and the City of Gladstone.  Some of those can be operating a business within the zoning classification of that property. 

·        Meets parking requirements.

·        Obtain a occupancy license, if required in the City of Gladstone.

·        The business premises are safe and sanitary – that meaning the building itself.  If they obtain approval under the City’s fire code, it is a safe building.

·        Obtain a health permit from Clay County.  If they obtain a health permit, the City has to assume they are safe and sanitary.


Councilman Smith said if the applicant meets these prerequisites, then there are only two grounds by which Council may deny a liquor license:  1.  The lack of good moral character by the applicant or managing officer.  Councilman Smith stated there is no proof in this case that the applicant is lacking in this regard.  2.  Being convicted of a crime involving violation of State Liquor Laws.  Councilman Smith said there has been no violation.  Councilman Smith continued by saying that with all the prerequisites met, and neither one of these grounds being an issue, this Council’s hands are pretty much bound, and it becomes more of an administrative process by this Council and not a discretionary process. 


Councilman Smith said Councilman Beer did a good job discussing the parking space requirements, and 82 parking spaces are required and 85 parking spaces are provided.  Does City Council believe that is good enough?  Perhaps not.  Under our City Code, they meet the requirement.  Those 85 parking spaces do not include the parking spaces Council understands to be in conflict.  Councilman Smith said Council has an applicant who meets all the criteria and Council is bound to issue them a liquor license.  Councilman Smith said it was at his urging that this item was removed from the Consent Agenda at the last City Council meeting or it would have been a “done deal” and no one would have known about it.  Councilman Smith stated he likes that Council did this, because the public has been involved.  The public process is what the City is all about. 


Councilman Smith said the applicant was asked to visit City Hall to discuss the issues that were of concern.  The applicant agreed to make some improvements to the premises and in their operation that they may not have had to do to get their license, and Council intends to hold the applicant to those. 


Councilman Smith said he would like to amend the motion to approve the liquor license application for Stoney’s Bar & Grill, LLC to include these following conditions as stated and agreed to in an April 18, 2005, letter from James A. Kessinger, who is the representative of the applicant, and that they perform the conditions within 30 days of approval of the liquor license application:


·        Add outside lights for the parking lot, which are directed away from the Gladstone Square Apartments.

·        Hire a consultant to arrange and paint parking lot stripes on the north parking lot to obtain maximum use of the parking lot.

·        Conduct routine patrols outside the facility, including a look behind the building situated to the east of the premises.

·        Position four of the security cameras outside of the premises to monitor as much of the parking lot as possible, including an infrared camera, which operates with little or no light.

·        Post “no loitering” signs in the parking lot.

·        Schedule events, which minimize the chance of excess crowds and monitor the scheduled hours of operation.

·        Adopt a plan for overflow parking, should it be necessary, which includes good faith negotiating for nighttime use of another parking lot.

·        Councilman Smith said he also would like to add another condition that this becomes a six-month probationary license that will allow two reviews of the business.  One review will be with the standard July 1 liquor license renewal, when all liquor licenses are renewed.  At that time Public Safety does an evaluation of the operation of the business.  After another four months there would be another review, if this is a six-month probationary license.


Councilman Smith said this is his proposed amendment to the motion. 


Mayor Rudi asked if this is a motion.


Councilman Smith replied, yes.  Councilman Beer seconded. 


Mayor Rudi stated it has been moved and seconded that the seven conditions that are listed in the letter from James A. Kessinger, dated April 18, 2005, be added to the existing motion, along with the six month probationary period condition, and asked if there was discussion of the amendment to the motion.


Mayor Rudi said the only thing not included in the motion is the recommendation for nightly trash patrol, which is assumed as good neighbors the applicant will do.


Mayor Rudi called for a vote of the amendment to the motion.


The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)


Mayor Rudi asked if there was any discussion on the amended motion to approve the Class “A” & “B” seven-day liquor by the drink license for Stoney’s Bar & Grill, LLC. 


Councilman Smith suggested that some of the issues that were brought forth by the apartment neighbors and business neighbors, through Mr. Weaver, which were added to the conditions, should be looked at so Council is not in the position of having their hands tied in the future.


Mayor Rudi agreed.


The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)


Mayor Rudi announced the liquor license for Stoney’s Bar & Grill, LLC has been approved, and called for a five-minute recess.


Item 10. on the Agenda.           CONTINUED 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 Carol Rudi 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 began by saying Gladstone Gifts is requesting a site plan revision to allow the construction of a parking lot on the west side of the facility.  The parking lot contains a drive to 61st Street, and also contains seven parking spaces.  City staff is recommending approval of this request with nine conditions, including the planting of trees; repair of a sanitary sewer manhole; handicapped parking spaces; cross connection lighting; and most importantly prohibition of access to adjoining properties; and a hedgerow on the very western edge of the proposed parking lot.  Part of this proposal is to close the only currently existing driveway on 61st Street.  That driveway is located very close to the intersection with North Oak Trafficway, and provides some traffic congestion concerns.


Mr. Wingerson stated that although Staff is recommending approval, the Planning Commission by a vote of 10 to 1 is recommending that the request not be approved.  The Council has been provided Minutes from the Planning Commission Public Hearing.  Mr. Wingerson said it seemed to him that the Planning Commission focused on three main issues; the first being storm water.  In Council’s packet is a letter from Aylett, Flowers Surveying and Engineering Company that discusses the impact of the parking lot on the storm water detention basin located on the adjoining property to the west.  The letter indicates there is no additional impact.


Mr. Wingerson stated, in terms of scale, Council will remember the proposal from Northland Auto.  Originally that proposal had a 24-foot driveway going from the currently developed portion of the property to 61st Street.  The approximate square footage of that driveway is roughly 2,300 square feet.  The proposed square footage of the driveway and the parking area for Gladstone Gifts is approximately 3,500 square feet, for a difference of about 1,300 square feet in total.  The entire proposed parking lot would drain into the detention basin constructed by Northland Auto, and flow downstream from there. 


Mr. Wingerson continued by saying the Planning Commission also discussed ownership a great deal.  Mr. Wingerson stated at the time of the Planning Commission Public Hearing, it was his understanding that the property where the parking lot was proposed would be sold to the current owner of that property.  Mr. Wingerson said his understanding today is that the property would be leased for the purposes of this parking lot.  The Planning Commission was also concerned about coordination of the entire development.  In other words how conditions relative to this request could be applied to different property owners, and a non-conforming/coordination type of discussion.  Mr. Wingerson stated the conditions proposed in the draft Ordinance are applicable, and should the parking lot be approved and constructed, then those conditions would apply to that parking lot, if they are on the site of the leased property where the proposed parking lot is, or if they are on adjacent properties. 


Mr. Wingerson said just to follow up on Northland Auto, it’s the driveway through this area that the Council prohibited through the Site Plan approval process, ensuring that there was no connection.  Mr. Wingerson stated that in reviewing the minutes of the Planning Commission and City Council Public Hearings on that issue, it appears that the intent may have been to keep test driving cars from going through the neighborhood.  Mr. Wingerson said Staff is recommending approval with nine conditions, and the Planning Commission’s recommendation to City Council by a vote of 10 to 1 is to not approve this request.


Councilman Smith asked Mr. Wingerson what would happen to the storm water that flows into the front parking lot that will be closed. 


Mr. Wingerson replied the applicant was present and would be better able to answer that question, but he believes it would flow primarily to North Oak Trafficway, and into the North Oak storm system, and then downstream.


Councilman Smith stated if some of the claims are correct in Mrs. Abbott’s letter, and the detention pond is not functioning as it should, this is a concern.  If there is additional storm water run-off on to 61st Street and getting down to the bottom of the hill, it is a legitimate question as to what happens to the water that is on the front lot.  Councilman Smith said he believes the water has to drain that way.


Mr. Wingerson replied that in looking at the topography map, it appears the water drains to the west, which would not be North Oak Trafficway.

Councilman Smith continued by saying there would then be water from both of the parking lots draining down 61st Street, and the calculations for the run-off would have dealt with the run-off on the parking lot on 61st Street, as it goes to the west.  Councilman Smith asked if calculations would have been done on the front parking lot and then on the west side, as a drive, where 1,300 square feet of coverage surface is being added?


Mr. Wingerson replied it adds approximately 3,500 square feet to today’s configuration; 1,300 square feet as opposed to the drive.


Councilman Smith asked for confirmation, the hydraulic calculations were done on the drive, so 1,300 square feet is being added to what was calculated?


Mr. Wingerson replied that is correct, but to be clear, the hydraulic calculations for Northland Auto were prepared based on the existence of the drive, and were also based on the existence of a future parking lot that was to the west of the currently developed portion of Northland Auto, both of which City Council did not allow at that time.  This request contains approximately 1,300 more square feet of impervious surface, however Aylett, Flowers Survey & Engineering Company has provided analysis for that particular expansion as it relates overall to the detention basin.


Applicant Presentation


Gary Lindsley, 7339 Asbury Circle, Wichita, Kansas, began by saying he works for a company called L.C. Enterprises, a business management group from which Priscilla’s buys services, including construction management.  Mr. Lindsley stated that relative to the point as to whether or not the drainage of the front lot would dammed by the establishment of a curb line toward the south, please understand while Aylett, Flowers was hired to do a topography study as well as the engineering side as to whether or not the detention basin was adequate, they have yet to be hired for the engineering of the parking lot.  With that business yet to be done, any and all requests to divert the water to a proper location that can be done through engineering study and proper building techniques will be obviously done. 


Mr. Lindsley stated to answer the question relative to the future back parking lot, water would not feed towards 61st Street.  Only water that is currently following the front parking lot should end up on 61st Street, whether it is going down the hill right now openly through a 24 foot cut, or through a small culvert.  That may be diverted back in toward the property line to the north, and join it at a point where it is not aggravating the neighborhood.  Mr. Lindsley said it came to him some time ago that there was an aggravation relative to illegal parking on 61st Street during business hours for people visiting Priscilla’s.  This is an attempt to make that not happen any longer, by providing safe, private parking off-street.  If there was an aggravation toward that relatively narrow street being filled up with customers, that can be fixed to a degree with the addition of this parking lot.  However, it is seven parking spots, and it is hoped if the City does this for Dunkin’ Donuts or Wendy’s, they will do it for Priscilla’s, because it is not a huge request, and it does take off-street parking out of the picture.  Mr. Lindsley said Mr. Wingerson’s summation was really all he planned to say, and asked Council if they had any questions of him.


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


Mel Langston, 210 NW 59th Terrace, stated he lives about three blocks west of the parking lot that is being proposed, and asked Council to consider that every time ground is paved, additional water runs off more quickly.  It doesn’t matter what a study says, it is just common sense.  Mr. Langston said 61st Street is very steep going down the hill, and it is prone to sink holes, which he encounters when he jogs down the street nearly everyday.  The sinkholes are difficult to fix because the sides of the street are very steep.  The City really does not want any additional water going down that street, if it can be avoided at all.  The water will eat into the road and it will be expensive to fix the road.  The road needs to be fixed now. 


Mr. Langston said he has lived at this location since 1974 and in the creek basin drainage area, it used to take a lot more rain than it does now to get the creek out of its banks.  Some repair has been done to keep some properties from flooding that did flood in the past, but additional work needs to be done.  Mr. Langston stated he has a neighbor who has a chain link fence that extends 15 feet out into nothing, where the creek has eaten toward her property.  It just keeps going rapidly towards her house.  This really needs to be looked at.  Mr. Langston continued by saying there was one inch of rain several days ago and the creek became two thirds full, and he cannot imagine what it would be like if there were four or five inches of rain in a quick period of time with all the pavement.  Mr. Langston stated his property does not go next to the creek, but his friend’s property does, and they are very concerned about the creek. 


Jeff Bonistill, 100 NW 59 Place, stated he lives on the creek that has been repaired with the Gabion Baskets, and even with the Gabion Baskets, his patio blocks have fallen down due to the water rushing beneath them.  The water that flows down contains mud and the erosion coming from the detention pond is damaging.  It appears grass seed was put down, but the last rain washed it away.  The water running down has deteriorated the creek and his property, which is his concern.


Galen Neill, 6010 North Wyandotte, said he would be speaking as the Chairman of 59-61 Neighborhood Watch Group and had in his possession protest petitions signed by 66 property owners within the 59-61 Neighborhood Watch Group.  Mr. Neill distributed pictures to Council members of adjoining property to Priscilla’s.  Mr. Neill said he believed Council has copies of the petitions, but he also had copies with him at this meeting.  The signers of these petitions were strongly opposed to the parking lot requested by Gladstone Gifts, LLC, dba Priscilla’s, which gives ingress and egress to 61st Street.  There are concerns of flooding on East Creek, since the water will flow down 61st Street to East Creek.  Based on one-inch rain, there would be 3,000 gallons of water dumped into East Creek.  This water would be rapid since it would be washing down a hill.  Mr. Neill said Priscilla’s building is not in this computation, but asked Council to note in the pictures the downspouts on the west side of the building drain into this proposed area.  Therefore, the 3,000 gallons in a one-inch rain would be even more.  The downspouts can be viewed in the pictures. 


Mr. Neill said he would read the language that is in the protest petition that was signed by 66 homeowners in this area:


Please take notice that the undersigned are all owners of property in the area that will be directly affected by the construction of the parking lot on the west side of Priscilla’s.  Whereas we, the undersigned, believe our property values will be impacted negatively by such construction because:


1.      61st Street has a high volume of traffic.  It is the cut-through from North Oak Trafficway to North Broadway.  It is the main thoroughfare for the Bircain tenants, also three subdivisions in close proximity, including residents of Hickory Hills, Sycamore Heights and apartments west of Broadway.

2.      We appreciate that just recently the Gladstone Planning Commission and the Gladstone City Council both denied the use of this land for ingress and egress to 61st Street, recognizing the hazards that already exist at the intersection at North Oak and that Priscilla’s currently has ingress and egress to 61st Street.

3.      We are concerned that if this area is concrete, the increased run-off will not be accommodated by the current retention basin.  We feel the increase from this development would enhance the possibility of more flooding every time we have a big rain.  The city eliminated the flooding on East Creek by building a new bridge on Broadway.  We would like to remind you that the new fire station also flows into East Creek and there is no retention basin at that facility.

4.      We think that a new parking lot on the west of Priscilla’s would magnify all the above problems.  Grass on all the disturbed ground is the answer to prevent erosion.


Mr. Neill gave Mayor Rudi the petitions.  Mr. Neill asked Council to note the erosion in the pictures and the water and mud that runs down 61st Street.  This is a hilly area and the mud accumulates at the bottom of the hill.  There is also a sinkhole on 61st Street, which is attributed to the water run-off, and it appears the street has settled in this area, which is additional expense to the taxpayers.  Mr. Neill thanked Council for listening and urged them to vote “no’ on the parking lot.


Jim Birt, 805 W. Meyer Boulevard, Kansas City, Missouri, stated he and his family own, operate, and care for 250 residents at the Bircain Apartments, and they built 61st Street and gave it to the City in 1965.  There is plenty of runoff right now.  Fifteen years ago without the additional widening of North Oak Trafficway, and the additional construction on North Oak Trafficway, there was water flowing through the apartment complex.  As a result they had to put up dikes to help control the stream that became a river when it rained hard.  This was fifteen years ago.  Since then there has been a lot more construction and more asphalt on North Oak Trafficway.  One more rain like that and there won’t be a phase 3 of Bircain Apartments; it will be downstream somewhere. 


Mr. Birt said another concern of his is the way this has been set up.  Priscilla’s doesn’t own this; they are going to get an option to buy it, if they can get this done.  Now it’s going to become a lease deal.  He is not certain whatever is decided at this meeting is going to be owned up to ten years down the road.  The initial program was to make a new curb cut to allow for cars coming out of the parking lot, which is what everyone decided they didn’t want, because we do not want test driving going through the neighborhood.  It is bad enough with people driving 35, 40, or 50 miles per hour down the hill, without having additional traffic. 


Mr. Birt said he is not sure that if someday Priscilla’s is gone, and the new owner does not want the lease, the lease expires, and all of a sudden there is access that can be obtained through the back way.  The cut that is in Priscilla’s right now was put there decades ago when North Oak Trafficway was a two-lane road.  It is a very dangerous intersection as it is, and he understands pushing it back would no doubt help, but it should be eliminated altogether.  There should be no curb cut on 61st Street due to the high traffic volume coming on the street. 


Mr. Birt said the Planning Commission Chairman’s objection was not brought up tonight.  His objection was not what is being discussed now, it is why do we want to make a change to a property that should be redeveloped and torn down.  Mr. Birt said he agrees with him, and doesn’t see why we are going through all of this, unless there is a hidden agenda here that will come up down the road.  Mr. Birt said that is what he fears, besides the issue of the runoff.  Mr. Birt said he has looked at the plan, and has been in real estate development for 30 years.  He helped build Bircain Apartments.  This proposal could be redesigned so there is no curb cut onto 61st Street.  Mr. Birt said he could almost live with this if there was a way to keep the water down.  One issue that is being overlooked is proper redevelopment of the corner.  Mr. Birt thanked Council and said he hopes they do not vote in favor of this proposal.


Margaret Coke, 211 NW 59th Terrace, stated her property does border on the creek.  Ms. Coke said anytime there has been any development on North Oak Trafficway, more water comes with more force down the creek, and her property has flooded in the past.  Ms. Coke said the property where she lives gets water from all directions; the overflow from the small lake on the other side of the creek, and water comes from three directions down the street that leads back to the creek through her property.  Ms. Coke said she is against any additional pavement that cuts down on the water absorption of the ground and adds to the creek flow.


Councilman Beer asked Assistant City Manager Wingerson if it was correct that the storm water design analysis for Northland Auto indicated the ten year storm design would provide that the new runoff would be virtually identical to the runoff of the undeveloped property.


Mr. Wingerson replied that was correct.


Councilman Beer requested confirmation that for the 50-year event, the designed storm water runoff would be roughly 25 percent less than the undisturbed original property.


Mr. Wingerson replied that was correct.


Councilman Beer stated with a 100-year event, the storm water runoff would be approximately 30 percent less.


Mr. Wingerson replied that was correct.


Councilman Beer stated that was the original design analysis of Northland Auto at its origination.  The latest revised analysis states that the 10-year event runoff with the revised analysis is only very slightly more at ½ cubic foot per second.  The 50-year event has increased slightly to 24 percent less than undisturbed land.  The 100-year event has a 33 percent reduction.


Mr. Wingerson replied that was correct.


Councilman Evans inquired into Item 8., Section 1, of the Site Plan Approval, which says “The sales contract for the proposed parking lot must be executed”, is this going to be a lease issue?


Mr. Wingerson suggested the property owner address this question, as Staff is uncertain at this point.


Councilman Smith said he is less comfortable with this being a lease arrangement than with a land sale.  Councilman Smith addressed Mr. Wingerson and said he knows Mr. Wingerson does everything in the world that can be done, but he is tired of talking about mud, drainage, detention basins, 61st Street, and 58th and Broadway.  Councilman Smith said it seems every time Council meets there is an issue in this neighborhood, and asked Mr. Wingerson to assist in these issues.


Mr. Wingerson replied he would do his very best, and stated Councilman Smith referenced Ms. Abbott’s letter dated April 21st.  Attached to the back of that letter is a letter dated April 16th from the City’s Building Official Alan Napoli that pretty directly talks about these issues at Northland Auto before Ms. Abbott’s letter was written, saying basically to “get after it” and do the restoration to address the erosion concerns to help the situation.  Mr. Wingerson reported that Mr. Napoli inspected Northland Auto today and they have hydro seeded.  There were several areas that needed to be re-hydro-seeded, and the contractor will take care of that this week.  Mr. Napoli will re-inspect it in two weeks to be sure that grass is growing.  If grass is not growing, the City will enforce the condition that requires the area to be sodded, which will solve the problem.  This is really an intermediate step to establish ground cover, and should it not work, there is the fallback position of requiring sod.  Hopefully this solves this issue.  At 58th and Broadway, there is a little bit of construction, but the erosion for the most part has been mitigated through the establishment of ground cover at the Englewood Vista. 


Councilman Smith inquired into the time frame of the Temporary Certificate of Occupancy at Northland Auto?


Building Official Alan Napoli replied a Temporary Certificate of Occupancy is issued for 30 days at a time.  There is no limit to the amount that can be given.  Issues do come up, such as with Northland Auto, where there are certain times of the year where landscaping, sodding, seeding or whatever is required.  The only outstanding issue was the areas that were disturbed that had not been sodded or seeded, because of the weather conditions.  That is where Staff is right now; trying to get this addressed.  Once that has been taken care of, then they can move forward to receive a permanent Certificate of Occupancy. 


Councilman Smith stated he understands weather conditions, but at some point in time it has to be understood that there is some sense of urgency.


Mr. Napoli replied he believes they understand that.  They may not understand as well Staff would like them to understand it.  There are mitigations the City can do, but does not like to do, such as closing the business, if they do not comply.  Staff tries to avoid that.  In most cases businesses work with Staff.  Mr. Napoli said Larry Meyers, who owns Northland Auto, did receive Mr. Napoli’s letter, and phoned to say they have taken care of the situation.  Mr. Napoli stated he has not had a problem dealing with Mr. Meyers, and hopefully if there is an issue, he will take care of it relatively quickly.


Councilman Smith said he appreciates how our City goes about business, and that is what makes us so attractive to developers and business owners, but the flip side is that we have long time residents who are rightfully complaining to the City.  We have another business owner who is getting “run through the wringer” because of this, and it is not necessarily fair to either one of those parties.  Councilman Smith asked if the detention basin has silted in?


Mr. Napoli replied they have cleaned out the silt that silted in, re-did the erosion control around the basin inlet, and have hydro-seeded the entire basin area and the outskirts they missed.  Since the last rain, there has been a small amount of tracking of water that is normal when seeding has been done.  Hydro-seed would normally take a stand quickly, which is why within two weeks, Mr. Napoli will pay a visit to be certain it was growing. 


Councilman Smith stated that once they actually grow grass, the basin will be restored to the condition it should be, and asked if that was correct.


Mr. Napoli replied that was correct.  Once they grow grass, the basin should be grassed in and there should be no siltation problems or any erosion control that would be necessary.


Councilman Smith said as he understands Councilman Beer’s analysis, we are going to see less runoff towards 61st Street than would have been seen otherwise.


Councilman Beer stated his comments had to do with runoff on the property that is directed to the detention basin, where it is regulated as it leaves the basin at the 8.9 cubic foot per second.


Councilman Smith stated that is adequate to handle that runoff.


Councilman Beer replied much more than adequate.


Councilman Smith said there is still the opportunity, through the design process with the parking lot to affect that runoff on the front.  If everything is added up, there should be progress being made.  Councilman Smith inquired into 61st Street itself and asked about the sinkhole and the plans to repair that.


Councilman Beer stated that Mr. Napoli commented that the City is not restricted on the number of Temporary Certificate of Occupancy that can be granted.


Mr. Napoli replied that was correct.


Councilman Beer stated for clarification that the City is not obligated to continue to issue time and again Temporary Certificates of Occupancy.


Mr. Napoli replied that was correct.


Mr. Wingerson stated 61st Street is part of the annual street program for the coming year.  Improvements on 61st Street from North Oak Trafficway to the west are currently being designed, with construction expected in late summer or early fall of this year.


Councilman Smith asked if there is a safety hazard, will temporary repairs be made?


Mr. Wingerson replied yes, absolutely.


Councilman Smith said he was interested to hear from the property owner regarding the purchase versus leasing of the land.


Mayor Rudi asked for more information as to what will be done to 61st Street.


Mr. Wingerson replied work will include full depth patching where it is necessary, which will address the sinkholes or significant potholes.  The edge of the roadway will be reconstructed and the entire stretch will receive a mill and overlay.  In addition, there will be storm sewer work on the side of the road.


Randy Robb, 701 South Woodland Drive, The Village of Oakwood, Missouri, apologized to Council that he was out of town when this came up a couple of weeks ago, and he said he is really at a loss as to where the lease issue originated.  Mr. Robb said it has always been his intention to purchase the property that is the subject of the discussion this evening, which amounts to seven parking spaces, and not much bigger than the Council Chambers.  Mr. Robb said when he was originally approached, as a property owner, about doing this project, he was somewhat lukewarm, because the first thing he was asked by City staff was to close the southern driveway onto 61st Street.  As everyone knows curb cuts are valuable, hard to get, and once you give them up, you never get them back.  Mr. Robb said he was reluctant to give up the curb cut, however, he has known for years, having owned the property and living in this area all his life, there has always been a problem with this site.  People trying to get out the south curb cut would tie up traffic on 61st Street.  People turning off North Oak Trafficway would create a huge traffic problem at this location. 


Mr. Robb said, to him, this is a “win, win” for everyone.  It’s a win for the tenant because he gets the additional parking spaces that they really need.  It’s a win for the City because they eliminate any potential parking problems on 61st Street that occurred during a high volume time of the year.  Mr. Robb said it’s a win for him because he extends a lease on a very good tenant.  Mr. Robb stated what is really being discussed is seven parking spaces.  We are not talking about flooding 61st Street or Bircain Apartments.  Mr. Robb said he feels the discussions are way out of proportion.  These seven parking spaces will eliminate a very big existing traffic problem on 61st Street.  Mr. Robb said it is his intention to buy the ground, not to lease it, so it will permanently be attached, which will eliminate any concerns regarding cars cutting through from the car lot and racing through the apartments and the adjoining neighborhoods.


Councilman Evans asked Mr. Robb if it is Mr. Meyers’ intent to sell?


Mr. Robb replied, yes, they have reached an agreement.


Mayor Rudi asked for confirmation from Mr. Robb that if the condition is left in the Ordinance requiring the execution of a sales contract for the parking lot, that would not be a problem.


Mr. Robb agreed that would not be a problem.


There being no further questions or discussion, Mayor Rudi closed the Public Hearing.




Item 11. on the Agenda.           FIRST READING BILL 05-15, approving a Site Plan Revision in a CP-3 Zone for property at 6100 North Oak Trafficway.


Councilman Wayne Beer moved to place Bill No. 05-15 on First Reading.  Councilman Les Smith seconded. 


Councilman Smith asked confirmation from Mayor Rudi that the motion would include all nine of the Staff recommendations.


Mayor Rudi replied that was correct.


Mayor Rudi asked if a tenth recommendation should be added requiring that the engineering be done and whatever construction necessary to take the drainage from the front parking lot to that detention basin.


Councilman Beer said his thoughts are that this be left to the discretion of City staff.  They would have a better ability to see the merits of where the water goes once they see the engineering.


The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).  The Clerk read the Bill.


Councilman Wayne Beer moved to accept the First Reading of Bill 05-15, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).  The Clerk read the Bill.


Councilman Wayne Beer moved to accept the Second and Final Reading of Bill 05-15 and enact the Bill as Ordinance 3.953.  Councilman Joe Evans seconded.   


Councilman Beer said safety at this intersection has been an issue for a long time, and one of the questions that was raised by many is that the City would be just adding another cut to the intersection.  That is really not the case, we are taking a cut out that is near North Oak Trafficway, and replacing it with a new cut some distance away from North Oak, that will provide greater safety at that intersection than is there now.  Councilman Beer said safety is one of the paramount things of importance here.  Councilman Beer said he believed storm water issues from an engineering standpoint, have been addressed.  It has been shown that even with the addition of the new square footage that the runoff at the inlet and outlet of the detention basin provides an improvement over the undisturbed earth before either of these projects started. 


Councilman Beer said one of the issues brought up has been the runoff from Northland Auto, and part of that runoff has to do with the fact that it basically seems to be right now uncontrolled.  Part of that uncontrolled condition is because of the fact that there is no vegetation on that ground.  Weather conditions have had a significant impact on getting that project completed.  There has been some good weather recently whereby the issue has not been adequately addressed by Northland Auto project developers.  However, City staff has made some additional renewed efforts to address that issue.  Councilman Beer said he believes that once that ground is covered with vegetation, grass and sod, that the issues of uncontrolled runoff and mud are going to be addressed and under control. 


Councilman Beer continued by saying the fact that it is an older development, with regards to this particular type of project, is of no concern for the fact the City does not require any other similar development to be totally re-developed.  If we have an old property that was compliant with its codes at the time it was built, and is complaint with codes when it has been significantly modified since it was built, then the City has no reason to say they have to tear it down and come back with an all new structure.  If the City did that, there would be nothing left of Gladstone.  It would be all vacant properties, because nearly everything that is here would be torn down, so this argument is not valid.  Councilman Beer said for these reasons, he would be in support of enacting this Bill as Ordinance 3.953.


Roll Call Vote:  All “aye” - Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0). 


Item 12. on the Agenda.           RESOLUTION R-05-43, authorizing the City Manager to enter into a Redevelopment Agreement with Terry L. Morgason, Incorporated, for the construction of certain improvements associated with the development of Plaza 57.


Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-43, authorizing the City Manager to enter into a Redevelopment Agreement with Terry L. Morgason, Incorporated, for the construction of certain improvements associated with the development of Plaza 57.  Councilman Joe Evans seconded. 


Councilman Smith asked if Council members ever receive copies of the development or redevelopment agreements before they are approved.


City Manager Davis said typically Staff had not included those in Council’s packets, however, it is up to Council’s discretion if they would like to receive these prior to considering the action.


Councilman Smith said he would like to see what Council approves, and as a matter of practice have those agreements included with Council’s information.


Mayor Pro Tem Bill Cross agreed with Councilman Smith, and said this is a very good idea.


Councilman Smith inquired into the timeline of this project.


Mr. Wingerson replied Dennis Markey, representing the owners, was present at the meeting.  Mr. Wingerson said he knows the owner wants to move forward very quickly with this development.  Mr. Wingerson said whether two weeks hurts anything, he is not qualified to answer, but certainly if the Council is not comfortable, this is a significant agreement, and Council should take the time to look at it if they desire.


Councilman Smith said as this is the beginning of the construction season and there has been a great deal of discussion regarding this project and they have worked closely with City staff, he was comfortable moving forward now, but from this time forward he would like to see the development agreements.


Mayor Pro Tem Cross said he concurred. 


Councilman Beer said he does not share the same concerns as Councilman Smith or Mayor Pro Tem Cross.  Councilman Beer stated a redevelopment agreement is a significant document, but there has not been any serious issues in this regard in the past, and he has every confidence in the City Manager that his interests lie with the City of Gladstone and not with his personal interests.


City Manager Davis stated the issues with a development agreement all come up during a Public Hearing.  They are all conditions of the Site Plan that Council approves, and are turned into a different type of an agreement.  City Manager Davis said he had no problem with bringing these agreements forward, but remember they are conditions that are already discussed by the Council in the Public Hearing.


Councilman Beer said that is why he has no fears with having to see the agreement itself.  Everything that is on the agreement is already mandated by Council as it is now, and the City Manager does not have any discretion in changing the Council’s mandates. 


Councilman Smith stated he did not disagree, but he does not see a downside.  It is just another piece of paper, which gives Council an opportunity to read it before they make approval, and if nothing else to refresh Council’s memory on what they are doing.  Councilman Smith said the City Manager should feel good about the fact that Council has approved something that they have read a couple of days before acting upon it. 


Councilman Beer agreed there is no downside, and would not oppose this, but just does not have the same degree of concern as Councilman Smith or Mayor Pro Tem Cross.


Mayor Rudi stated the City Manager has direction that Council would like to see the development agreements in the future.


All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).  




Item 13. on the Agenda.           APPROVAL OF A BUILDING PERMIT:  for a retail shopping center to be called “Plaza 57”, that could incorporate up to 12 tenants, located at 5711 North Antioch Road.  Owner:  Terry Morgason.  Applicant:  Rees Masilionis Turley Architects LLC.  (BP 05-10000208)


Councilman Les Smith moved to approve a BUILDING PERMIT:  for a retail shopping center to be called “Plaza 57”, that could incorporate up to 12 tenants, located at 5711 North Antioch Road.  Owner:  Terry Morgason.  Applicant:  Rees Masilionis Turley Architects LLC.  (BP 05-10000208).  Councilman Joe Evans seconded. 


All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).  


Item 14. on the Agenda.           FIRST READING  BILL 05-16,  repealing  Ordinance  No. 3.912 (Code Section 29-66(A), (B) (1) and (B) (2), and enacting a new ordinance levying Sewer Service Charges and Commodity Rate Charges in the City of Gladstone, Missouri.


Councilman Wayne Beer moved to place Bill No. 05-16 on First Reading.  Councilman Joe Evans seconded. 


Councilman Beer commented for purpose of the public in attendance that this sewer rate increase simply reflects the additional rate increase that has been levied upon our City by the City of Kansas City.  The City of Kansas City does provide our sewer treatment services by contract.  If their rates go up, we need to raise our rates commensurately.  This means nothing in terms of increased revenue to the City.


The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).  The Clerk read the Bill.


Councilman Wayne Beer moved to accept the First Reading of Bill 05-16, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).  The Clerk read the Bill.


Councilman Wayne Beer moved to accept the Second and Final Reading of Bill 05-16 and enact the Bill as Ordinance 3.954.  Councilman Joe Evans seconded. 


Roll Call Vote:  All “aye” - Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0). 


Item 15. on the Agenda.               OTHER BUSINESS.


There was no other business.


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


There were no questions from the News Media.


Item 17. on the Agenda.           ADJOURNMENT


Mayor Rudi stated it was originally scheduled to go into Closed Session, but that has been postponed, and as there was no further business to come before the April 25, 2005, Gladstone City Council Meeting, Mayor Carol Rudi adjourned the Regular Meeting.



Respectfully submitted:



Cathy Swenson, City Clerk

                                                                                       Approved as submitted:  ___


                                                                                Approved as corrected/amended: ___



                                                                                              Mayor Carol Rudi