MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

 

MONDAY AUGUST 22, 2005

 

 

 

PRESENT:          Mayor Carol Rudi

                             Mayor Pro Tem Bill Cross

                             Councilman Les Smith

                             Councilman Wayne Beer

                             Councilman Joe Evans

                                                         

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson

 

 

Mayor Carol Rudi opened the Regular August 22, 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.

 

Item 4. on the Agenda.             APPROVAL OF THE REGULAR AUGUST 8, 2005, CITY COUNCIL MEETING MINUTES.

 

Mayor Pro Tem Bill Cross moved to approve the Regular August 8, 2005, City Council Meeting Minutes as presented.  Councilman Wayne Beer seconded the motion. 

 

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

Item 4a. on the Agenda.           Mayor Carol Rudi presented a framed CERTIFICATE OF RECOGNITION to JIMMY BEAIRD, Hershey’s Track and Field National Champion in the Softball Throw.  Mayor Rudi read the Certificate and presented it to Jimmy Beaird, with congratulations from all City Council members. 

 

Item 4b. on the Agenda.          Mayor Carol Rudi read a PROCLAMATION designating the week of September 4-10, 2005 as “PAYROLL PROFESSIONALS WEEK” in Gladstone, Missouri.  Diane Reinhard, of the American Payroll Association was on hand to accept the Proclamation and thanked the Mayor and City Council members for the recognition.

 

Mayor Carol Rudi asked for a motion to amend the Agenda in order to move two items forward on the Agenda to accommodate people who were in attendance specifically for these two items.

 

Councilman Joe Evans moved to amend the Agenda to move Resolution R-05-70 and Resolution R-05-71 to Items 5 and 6 on tonight’s agenda.  Councilman Bill Cross 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 5. on the Agenda.             RESOLUTION R-05-70, authorizing the City Manager to enter into an agreement with Gale Communities, Incorporated, for the performance of planning studies relative to the Gladstone Village Center and providing limited development rights within the redevelopment area.

 

Councilman Les Smith moved to approve Resolution R-05-70.  Councilman Bill Cross seconded.

 

City Manager Kirk Davis stated he had no comments at this time, except that City staff is excited to embark on this project, and believes the City has a wonderful partner in Gale Communities.

 

Councilman Smith stated a few years ago a gentleman that ultimately became a good friend of his, stated that the community leaders in Gladstone lacked vision.  This item and the next item on the agenda proves that the City is not lacking in vision, and there are a lot of visionaries amongst us.  Councilman Smith said one of the benefits of what the City hopes to accomplish with Gale Communities is that this will be a community-driven project and not a developer driven project.  Many have been talking for many years about a downtown concept in Gladstone.  Gladstone on the Move, through their hard work and commitment, identified this as a priority in our community.  The City has been able to team up with a developer who is not just wanting to flash through town and have a very profitable development.  The City is fortunate to team up with a developer who wants to leave a mark on our community.  Councilman Smith said Mr. Gale is doing that in Lee’s Summit, and he wants to do that here, so part of his profit is not monetary; it’s the reward of leaving a mark on a community. 

 

Councilman Smith stated as a partner, the City has some responsibilities.  The City must be diligent in our planning process, responsible in our allocation of public resources, sensitive to the needs of surrounding property owners, and the City must be resolute in its commitment to see this project through to fruition through strong leadership.  Councilman Smith said, together with Gale Communities, if we are able to stand strong in those areas, he feels we will ultimately get where we want to be with this project, which is a better Gladstone for all of us.  Councilman Smith extended a welcome to Mr. Gale and to the 40 members of his team, and stated he hopes this works out to a mutual benefit.  Councilman Smith thanked Mr. Gale for being interested in the City of Gladstone.

 

Councilman Wayne Beer stated he made remarks regarding this issue earlier in the evening at Council’s Open Study Session.  Councilman Beer stated at that time those remarks were better said during the Regular Council meeting.  Councilman Beer asked City Clerk Cathy Swenson to include some of his remarks from the Open Study Session in the Regular Meeting Minutes.  Councilman Beer stated he would like to say at this time that this Council was fortunate to be able to be in the front with making this project happen, but it is important to remember that it did not begin with this City Council.  There were previous City Councils that worked on this for some time.  It has been a vision of previous Councils to make this project happen. 

 

Councilman Beer stated the fact it did not happen before is not to be construed as failures of those Councils, but rather just signs of the times.  Anything that has value takes time to happen.  This Council is fortunate that this project is able to occur at this time, and this Council is able to be involved.  Councilman Beer said he is very proud of previous Councils and the study groups that put the groundwork together to make this project possible. 

 

Following are remarks made by Councilman Wayne Beer at the August 22, 2005 Open Study Session which Councilman Beer asked to be included in the August 22, 2005, Regular City Council Meeting Minutes:

 

Councilman Beer stated he wished to point out that from everything he has seen, it appears Mr. Gale, of Gale Communities, Incorporated, is a developer who has an extraordinary vision, both artistically and economically.  When looking at Mr. Gale’s projects in Lee’s Summit, the vision is self evident, and it is a vision that seems to work well, both artistically and economically.  The fact that Mr. Gale encourages community involvement is significant.  Councilman Beer said he heard tonight a possible connection to the Gladstone Plaza Shopping Center, which he believes also speaks to the vision element.  While the Gladstone Plaza Shopping Center, is not, from the City’s standpoint, a part of the Downtown Village development, the fact remains that it could be.  Councilman Beer said if the developer’s proposal includes the Gladstone Plaza Shopping Center in such a way it works for him and the City that would also speak to the vision.  

 

Councilman Beer said it comes down to a mix of developer commitment and commitment by the City, and that commitment in all likelihood will have to include some forms of financial developmental incentives.  This City has to look very closely at the use of development incentives, such as Tax Increment Financing, and other developer agreements.  The City would have to be very careful in how far those development incentives could go, for the fact that going too far, exposes the City, probably unnecessarily.  Councilman Beer said there has to be a good mix between the offers of incentives and the amount of risk the developer will take on, which he thinks is something that can be worked out very well.  Councilman Beer said this City has been very proactive in its history in trying to develop and attract development and redevelopment, and what he sees here is a situation that could really work very well for this City and for its selected developer.  Councilman Beer said we do not want to expose the City too greatly, but we want to provide enough incentive that we do attract a developer, and we do not want this to be unprofitable for the developer, because if it is unprofitable for the developer, it fails for the City, too. 

 

Councilman Joe Evans stated he is thrilled and proud to be a part of this process.  Gladstone on the Move was a group of concerned citizens who brought this project to the City.  City Council members are just one cog in a huge wheel of Gladstone to make this project work.  Councilman Evans said he is very proud to be part of this process.

 

Mayor Pro Tem Bill Cross had no comments at this time.

 

Mayor Carol Rudi stated, besides being very excited about this possibility, she has been fortunate to be a member of some of the First Tier Suburbs Committees for Mid America Regional Council.  Mayor Rudi said she believes this effort will make Gladstone the first of the First Tier Suburbs, when it is completed.  Mayor Rudi welcomed Mr. Gale and said she is glad he is here.

 

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

 

Chris Cline, of Gale Communities, Incorporated stated his company is looking at utilizing the City’s website to provide information and also to receive feedback from citizens.  Mr. Cline asked the media to get the word out for citizens to check the City’s website towards the middle to end of next month.  Mr. Cline said he would be putting some information or links on the website in order to get as much information as possible out to the citizens, and to receive as much feedback as possible.

 

Councilman Wayne Beer suggested including the information on the City’s cable TV channel.

 

David Gale, of Gale Communities, Incorporated, stated he comes from the development community, who are not known to have small egos.  Mr. Gale said he is flattered to accept the charge that has been given him this evening, and he knows his team is up to the task.  Mr. Gale said the City can expect some wonderful things to happen.

 

Councilman Les Smith stated Council believes that to be true, and one of the exciting things about this partnership is the collaborative process that the Gale Communities employs.  A design process will come together for the Village Center through public participation.  A lot of that process will be reflected in the final plans and the way the Village Center is developed.  Councilman Smith said this is a key component for those who have adjoined properties that have been rezoned and developed in the past.  Such people might know that they are usually the “tail trying to wag the dog”.  Gale Communities goes about their developments in an opposite manner; they want community partners in the design process, which is quite exciting.  Councilman Smith said, hopefully, this will be a trend that will catch on throughout the metropolitan area.

 

Item 6. on the Agenda.             RESOLUTION R-05-71, supporting a partnership between the North Kansas City School District and the City of Gladstone for purposes of designing, constructing, and operating a competitive Aquatic Center, and directing the City Manager to enter into a detailed agreement negotiation to finalize the partnership.

 

Mayor Pro Tem Bill Cross moved to approve Resolution R-05-71, supporting a partnership between the North Kansas City School District and the City of Gladstone for purposes of designing, constructing, and operating a competitive Aquatic Center, and directing the City Manager to enter into a detailed agreement negotiation to finalize the partnership.  Councilman Wayne Beer seconded. 

 

Councilman Smith stated that it was discussed at Council’s Open Study Session this evening, that the agreement would include the addition of an arbitration clause.

 

Mayor Carol Rudi stated this is another very exciting proposal for the City.

 

Councilman Wayne Beer stated the collaboration with the School District needs to be stronger, as has been recognized by the City for some time.  One of the provisions of Gladstone on the Move was that the City work towards a closer relationship with the School District.  Councilman Beer said this is a huge step in that direction.  The School District and the encompassing cities need to work together to provide a cohesive and comprehensive community.

 

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 7. on the Agenda.             CONSENT AGENDA

 

Mayor Pro Tem Bill Cross moved to adopt the Consent Agenda as presented.  Councilman Joe Evans 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-05-67, authorizing the City Manager to purchase one 2006 F-450 Ford Medtec AD-172 Type 1 Ambulance from Foster Coach Sales, Incorporated, of Sterling Illinois for $138,140.00.  Councilman Joe Evans 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-05-68, authorizing the City Manager to purchase four 2006 Ford Crown Victoria Patrol Vehicles from Thoroughbred Ford of Kansas City, Missouri, for a total purchase amount of $83,434.00.  Councilman Joe Evans 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-05-69, authorizing acceptance of a proposal from Cargill, Incorporated, for the purchase of Snow Removal Salt.  Councilman Joe Evans 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 approve a NEW CLASS “B” (SUNDAY SALES) LIQUOR BY THE DRINK LICENSE, for The Hide Out Bar & Grill, 6948 North Oak Trafficway.   Managing Officer:  Frank J. Gabel.  Councilman Joe Evans 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 approve the ANNUAL LIQUOR LICENSE RENEWALS for:

 

·        The Peanut in Gladstone, Inc., 6024 North Antioch Road, Class A&B Liquor by the Drink License.

·        Dominic’s Pizza & Pasta, Inc., 6300 North Oak Trafficway, Class A&B Liquor by the Drink License.

 

Councilman Joe Evans 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 approve the FINANCIAL REPORT FOR JULY 2005.  Councilman Joe Evans 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)

 

REGULAR AGENDA

 

Item 8. on the Agenda.             COMMUNICATIONS FROM THE AUDIENCE.

 

There were no communications from the audience.

 

Item 9. on the Agenda.             COMMUNICATIONS FROM THE CITY COUNCIL.

 

Councilman Joe Evans stated these are exciting times in Gladstone, with the new aquatic center, and the community coming on board to develop the downtown concept.  Councilman Evans asked Public Works Director Chuck Williams the status of East Creek, through the 56th and 58th and Broadway area, with regard to Ms. Abbott and Ms. Koch.  

 

Public Works Director Chuck Williams stated there has been more communication from Ms. Abbott concerning the drainage in this area.  Some actions that will take place this Fall will include cleaning out the box culvert under North Broadway.  There is some silt built up on both sides of one of the barrels.  Director Williams reported he will be visiting with the neighbors to the east of Ms. Abbott to get some input as to some of the problems they have been experiencing, if any.  City staff will also be doing some survey work in the area to identify some elevations in relation to the basements, to determine what potential impact there may be, if a heavy rainfall should occur. 

 

Councilman Les Smith had no comments at this time.

 

Councilman Wayne Beer had no comments at this time.

 

Mayor Pro Tem Bill Cross stated he wished to recognize the effort that has been put forth by the administrative staff, under the direction of City Manager Kirk Davis, on the two Resolutions for the upcoming projects.  Mayor Pro Tem Cross said there has been a lot of work behind the scenes, which he very much appreciates.  Mayor Pro Tem Cross said he proposed a natatorium 42 years ago in the North Kansas City School District.  Mayor Pro Tem Cross said it has taken 42 years, but he may yet get the last laugh.

 

Mayor Carol Rudi asked Parks and Recreation Director Sheila Lillis to report on upcoming Gladstone Amphitheatre events.

 

Parks and Recreation Director Sheila Lillis reported the Movie in the Park, “School of Rock”, rated PG-13 is scheduled for August 26 at 9:00 p.m.  The last event will be the Kansas City Ballet on September 9.  The Amphitheatre Golf Tournament will be held August 31. 

 

Mayor Rudi introduced her first grandchild, Jonah, her daughter, Stephanie, and her mother Bonnie Belknap, who were in the audience.

 

Item 10. on the Agenda.           COMMUNICATIONS FROM THE CITY MANAGER.

 

City Manager Kirk Davis thanked Council members for their comments, especially the comments concerning the two Resolutions.  City Manager Davis thanked Mayor Pro Tem Cross for his comments about Staff’s hard work.  City Manager Davis said there has been a great effort, and a lot of the City staff is involved in these two projects, and it is truly a team effort.  Staff is very excited about the City’s opportunities.  Staff is dedicated to making certain these projects happen in the right way, and City Manager Davis said he is very proud of Staff’s efforts thus far. 

 

City Manger Davis stated it was good to see Lee Bussinger in the audience.  Mr. Bussinger has not been feeling well, but he is looking great, and it is awfully nice to see him at a Council meeting again.

 

City Manager Davis stated, as there were a number of Gladstone on the Move members present at the meeting, he wanted to provide an update on the ambulance/firefighter/paramedic issue.  The City has ordered an ambulance, and is expecting delivery in January.  The City is in the process of hiring firefighter/paramedics with the idea that the City will be fully staffed when the ambulance arrives.  City Manager Davis said he knows Public Safety Director Bill Adamo is working very hard to meet all the obligations, and the Public Safety Department is doing a nice job in recognizing the importance of that Gladstone on the Move objective.

 

Item 11. on the Agenda.           PUBLIC HEARING:  for consideration of a Special Use Permit subject to certain conditions to Terry R. Day for operation of a Montessori School on Residential property at 405 NE 73rd Terrace.  Owner/Applicant:  Terry R. Day.  (File No. 1257)

 

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 stated the applicant is requesting a Special Use Permit to allow the operation of a Montessori School; in City terminology that would be a child care facility.  The Special Use Permit is recommended for a term of one year, should Council move forward with approval.  Mr. Wingerson reported the Planning Commission held their Public Hearing last week, and is forwarding a recommendation for approval to Council with a vote of 6 to 5.  Some of the issues at the Planning Commission level had to do with the overall land use of the facility.  This particular property is located directly east of a commercially zoned property, but otherwise is surrounded on three sides by residential uses.  Mr. Wingerson stated the applicant is Terry Day, and his partner is Laura Gerdis.  The Planning Commission added Condition Number 11 on the draft Ordinance, requiring two-way traffic and a turn-around.  Staff is recommending approval, with several conditions.  One condition being that a fence, with a minimum height of four feet, must be installed around the play areas.  The applicant has committed to do that.  The Planning Commission and Staff had discussion about signs.  There will be no free-standing signage as part of this request.  Mr. Wingerson continued by saying the proposal is for a child care facility for a maximum of 20 children.  The hours are 7:00 a.m. to 6:30 p.m. 

 

Councilman Beer said he was in attendance at the Planning Commission meeting where this application was discussed, and with a 6 to 5 vote, this was not an overwhelming vote of approval.  Some of the reluctance on some of the Commissioners part had to do with a number of questions they may have felt were unclear.  Councilman Beer said one of those issues was parking and turn around space.  Another question had to do with only one restroom for the maximum of 20 children, plus the Staff that would be in the facility.  Another issue had to do with the fact that in the past in this type of instance, a Special Use Permit has required owner-residence in the facility.  Councilman Beer said he was not certain all of these issues were addressed, and asked for clarification.

 

Assistant City Manager Wingerson stated that most Special Use Permits provide for an occupant of the facility 24 hours per day; in other words, a resident in the home that is used for business during the day.  Mr. Wingerson said there are examples throughout the community, historically, where the opportunity has been provided for that not to occur.  Two examples are on Antioch Road, next door to each other, at 64th Street.  Mr. Wingerson said those two come immediately to mind and he could probably give other examples. 

 

Mr. Wingerson said City staff spent time looking at the restroom issue since the Planning Commission meeting.  One restroom is sufficient to meet City Codes; however, there was testimony at the Planning Commission meeting that the applicant would install additional washroom facilities should the demand of the children and parents require that.  Mr. Wingerson said what may have not been clear at the Planning Commission level was that there is one full restroom, but there is also a kitchen sink that would be used for the children to wash their hands.

 

Mr. Wingerson stated the last issue is regarding parking for customers and Staff and the ability for traffic to turn around.  One of the conditions addresses these issues.  Mr. Wingerson said the applicant is prepared to discuss in more detail how they will address these issues.  Mr. Wingerson stated he indicated at the Planning Commission meeting that there is physical room at the site to make this happen.  The details were not clear at the Planning Commission meeting.

 

Councilman Beer stated Ms. Gerdis had indicated at the Planning Commission meeting that she turned her vehicle around and headed back out onto Antioch Road as they wished to be able to do.  Councilman Beer said his question is if there are six cars parked on the site, is there still room to make that turn around, without any particular hazards.

 

Mr. Wingerson replied the physical room is available on the site, and the applicant will share their plan as to how they would use the available room to ensure that there will be parking for Staff and the occasional short-term visitor, and the ability to drive out facing forward onto 73rd Street.  Mr. Wingerson said he believes they have a good plan, which they will share tonight.

 

Councilman Beer said he still has concerns regarding the restroom issue, and asked how it is determined that the restroom facilities in place now are not adequate.  How does the City assure that the restroom is constructed if the need arises, and how is it known the need arises. 

 

Mr. Wingerson replied that is a difficult question, because one restroom and the part time use of the kitchen area for sanitation reasons meets the appropriate building codes, so fundamentally, this application complies with City Codes.  Mr. Wingerson said should there be a need, he is certain the parents of the children will make that abundantly clear or take their business to another location.  Mr. Wingerson said he believes this is a private business matter.

 

Councilman Les Smith said he brought forth a few months ago some neighborhood issues regarding traffic on this street, and asked if those complaints have ceased.

 

Mr. Wingerson replied it is his understanding the complaints have ceased, and the illustration he offered is that there is a great deal of support from the surrounding neighborhood for this project.  Mr. Wingerson said he is hopeful the Public Safety and Public Works departments have addressed those concerns and now are more supportive of a more intense use during the day.

 

Councilman Beer asked that it be included in this meeting’s Minutes that he shared some e-mail information earlier in the week that addressed some of the same concerns he expressed tonight.

 

Applicant’s Presentation

 

Terry Day, 8003 Northwest 79th Terrace, Kansas City, Missouri, began by saying he has owned the home in question for approximately three to four years.  This past summer he spent about $40,000 dollars to renovate the inside and outside.  He put new siding on the house, a new kitchen, a new bathroom, and everything inside the house for it to be much more appealing for the neighborhood.  Mr. Day said prior to making the decision to put in a Montessori Teaching School, not a babysitting place, he talked with the neighbors.  Mr. Day said he talked with Lavelle King, who lives behind this address, and he talked with Danny Day across the street, who is no relation.  He talked with them for some time about what he was thinking of doing.  Mr. Day said he told them the alternative would be for the house to be a rental home.  The neighborhood does not want another rental home and are totally in support of the school.  Mr. Day said he told the neighbors the approximate activity would be from 7:30 a.m. to 5:30 p.m., during the week, and nothing on the weekend.  The neighbors were excited there would be no activity there at night and on the weekends.  Mr. Day said he told the neighbors about the installation of the fence, and what he would do for additional parking.  His concern before he had a conversation with the City was to be certain there was ample concrete driveway at the house, where his customers can turn around and drive back out onto the street.  Mr. Day said he guarantees there will be no one backing out onto the street, because he would be certain everyone turns around in the new driveway. 

 

Mr. Day stated this past summer a new driveway was installed, so he is looking at extending that area.  Mr. Day provided renderings to Council members and pointed out the existing concrete driveway, which is 10 feet wide and 90 feet long, and is located right beside the house.  Mr. Day pointed out the potential additional driveway area and pointed out the area where he proposes to place concrete, so there will be ample space on the side for the parking of two cars.  Mr. Day pointed out Laura Gerdis is a licensed Montessori instructor and has many years of experience in a Montessori School on Line Creek.  Ms. Gerdis would park in the area he just mentioned and one other person would park there.  Mr. Day said as the school builds up to the 15 full-time students, and the five part-time students in the morning and the five part-time students in the afternoon, there will be a part-time Staff person.

 

Mr. Day said Ms. Gerdis has been in contact with the State as to what the regulations are for a Montessori Teaching School.  The State just requires the one restroom for the 20 children, but in the back of the house there is an addition where plans are to put additional restroom facilities, as the school grows and as they are needed.

 

Councilman Beer thanked Mr. Day for the drawing, which was very helpful, and stated one does not usually see a residence with that much side yard.  Councilman Beer said he apparently did not look as closely as he should have, before he asked his questions.  The fact that Mr. Day has 35 feet of side yard, with 19 feet of entrance and exit drive is pretty remarkable.  Councilman Beer said he appreciated the information.

 

Mr. Day said this is a double lot, which will provide twice the distance to the back, which will give ample space for the young children, 3, 4 and 5 year olds, that will be at the facility.  Mr. Day said he plans to install a four-foot high fence on the east side and across to the back of the house, so the entire back yard is fenced.  Lavelle King has asked him to maintain the chain link fence that is between the two properties, and that area will be the only area that does not have a wooden fence.  Mr. Day said he would improve that fence, as it has been there awhile. 

 

Mayor Rudi asked Mr. Day if he has five employees plus parents who are dropping off children, will there be adequate parking.

 

Mr. Day pointed out on the rendering additional space where parking may be added.

 

Mayor Rudi asked Mr. Day how long it would be before he had more than just two employees.

 

Mr. Day replied he has been a businessman for 30 years, with his own businesses, and he is going to take this project very slowly to ensure he does it 100 percent right, and that parents continue bringing the children to the school.  Mr. Day said he would be surprised if he has more than two employees this calendar year.

 

Laura Gerdis, 6402 North Wayne, stated five Staff members would not be at the school at the same time.  They would be staggered throughout the day.  The maximum employees at the school at the same time would be three, and three cars and more can be parked in the parking area at the same time.

 

Mayor Rudi stated the parking was an issue with which she had concerns, and she e-mailed her concerns to Mr. Wingerson, two councilmen, and the City Clerk, so that is available for public record.

 

There were no comments from those in Favor or in Opposition to the application.

 

Councilman Les Smith asked for clarification regarding the four-foot fence around the children’s play area and the chain link fence, and asked if those are two separate fences or the same fence.

 

Mr. Wingerson said during the Planning Commission meeting, a wood fence was discussed that would be on the east side.  There is an existing chain link fence on the back, or the south side of the property.  Mr. Wingerson said, from a Staff perspective, a chain or wood would qualify, as long as the play area is completely enclosed.

 

Councilman Smith said what is being discussed is a potential of five employees and twenty children for this Special Use Permit, and asked at what point in time does the recommendation need to be to have such a business in a commercially zoned property.

 

Mr. Wingerson replied the recommendation needs to come at some point in the renewal process.  Should this application be approved for one year, and it is doing well, then a second term of a longer length might be suggested, but then a serious discussion needs to occur about a zoning change.  This piece of property borders existing commercial property, and one of the goals of the City’s Comprehensive Plan is to continue to increase the width of commercial corridors, especially along North Oak Trafficway.  Mr. Wingerson stated, from a Staff’s perspective, part of the recommendation is based on the unfortunate fact that not all businesses make it, and rezoning the property at this time for this use, may be a good idea, but doesn’t address what a future use could be.  Mr. Wingerson suggested it might be appropriate to look at the history of the property and how it is used, before considering the zoning change.

 

Councilman Smith said the flip side is not just should this property be zoned commercial, but that perhaps a business should not be located here because it is zoned residential.  Councilman Smith said when the Phillips 66 was approved, there were a lot of conditions in that rezoning and site plan to segregate the commercial from the residential, with this property being residential.  Councilman Smith said there are businesses, which are in commercially built and zoned locations, and paid accordingly.  Councilman Smith said Mr. Day has made an investment in this property, and he does not want to minimize that, but it is a house.  People who have businesses in which they have made a commercial investment, are relegated to competing with a business of this size that is going into a residential property.  Councilman Smith said he has wrestled with this and at what point does the City protect those who have made the commercial investment in commercial areas.  Councilman Smith said this is a rhetorical question.

 

Councilman Beer said this question was in his mind and he wrestled with some of the same indecision.  Councilman Beer said he questioned whether a Special Use Permit is appropriate for this area; on the other hand to look for a rezoning at this point, becomes a spot zoning issue, and he is not a proponent for spot rezoning either.  Councilman Beer said this was a difficult decision, but his sentiments are now in line with the Special Use Permit request, with the idea that a rezoning issue will be looked at in the fairly near future.

 

Councilman Smith asked if it is not believed that this is not an appropriate place for a long term or permanent zoning change, why is it appropriate to approve a Special Use Permit to use the property as if it were rezoned.  This is the question he is struggling with at this time.

 

Councilman Beer said this application is not much different from any other Special Use Permit request.  Most all Special Use Permit requests are for commercial use of residential properties.

 

Councilman Smith stated what strikes him is the intensity of the request.  It is not a few children in a day care, or a beauty shop in a garage; it is a fairly intense request.

 

Councilman Beer agreed, but stated this request is next door to two commercial properties, but understands it is also next to residential property.  Councilman Beer said he believes a zoning change request would need to be considered in the reasonably near future, but believes he will agree with a Special Use Permit at this time.

 

Mayor Rudi closed the Public Hearing.

 

            Item 11a. on the Agenda.            FIRST READING BILL NO. 05-25, approving a Special Use Permit subject to certain conditions to Terry R. Day for operation of a Montessori School on Residential property at 405 NE 73rd Terrace.  Owner/Applicant:  Terry R. Day.  (File No. 1257)

 

Councilman Wayne Beer moved to place Bill 05-25 on First Reading.  Mayor Pro Tem Bill Cross 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).  The Clerk read the Bill.

 

Councilman Wayne Beer moved to accept the First Reading of Bill 05-25, Waive the Rule and place the Bill on Second and Final Reading.  Mayor Pro Tem Bill Cross seconded. 

 

Mayor Rudi stated she has also wrestled with the question as to whether this should be a business in a business area, or if this is really a special use, however, her feeling is that this is a Special Use Permit for one year, and she does not want to see spot rezoning done at this time,  Mayor Rudi said she will be voting in favor of the application.

 

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 05-25 and enact the Bill as Ordinance 3.963.  Mayor Pro Tem Bill Cross seconded.

 

Roll Call Vote:  “Aye” – Councilman Joe Evans, Councilman Wayne Beer, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  “Nay” – Councilman Les Smith. (4-1).

 

Item 12. on the Agenda.           FIRST READING BILL 05-26, setting the annual rate of levy for the 2005 Real Estate and Personal Property Taxes within the corporate limits of Gladstone, Missouri at $.9291/$100.00 valuation. 

 

Councilman Wayne Beer moved to place Bill 05-26 on First Reading.  Councilman Les Smith seconded. 

 

Mayor Rudi asked if there was any information that needed to come forward from City staff.

 

There being no further information, Mayor Rudi invited discussion on this matter.

 

Councilman Wayne Beer stated during the tax campaign, one of the things that was indicated that would not be done was raise the Personal Property Tax to the same level of $.9291.  This is something that should be addressed by a Resolution in the future as to the actual collection rate opposed to the level of authorization.

 

City Counselor David Ramsay stated what is being done tonight is certifying the maximum rate to the City.  It will be appropriate, if the Council so chooses, to entertain between now and as late as the middle of October, when the billing has to be prepared, some instruction by Resolution or order to instruct the Finance Director to collect the amount at a reduced rate. 

 

Councilman Beer said that is what he meant by his comments, not to suggest that he wants to change the authorization limit as a part of this Bill and likely enactment.

 

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 05-26, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Les Smith 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 05-26 and enact the Bill as Ordinance 3.964.  Councilman Les Smith 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 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 August 22, 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