MINUTES
CITY COUNCIL
MEETING
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
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
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
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
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
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.
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
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
Item 6. on the Agenda. RESOLUTION R-05-71, supporting a partnership
between the
Mayor Pro Tem Bill Cross moved to approve Resolution
R-05-71, supporting a partnership
between the
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
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
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
·
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
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
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, “
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
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
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
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
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
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
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
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,
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
Mr. Day said Ms. Gerdis has been in contact with the
State as to what the regulations are for a
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
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
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
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,
Respectfully submitted:
___________________________
Cathy Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Carol Rudi