MINUTES
CITY COUNCIL
MEETING
REGULAR MEETING
MONDAY SEPTEMBER 26, 2005
PRESENT: Mayor
Carol Rudi
Mayor
Pro Tem Bill Cross
Councilman Les Smith
Councilman
Wayne Beer
City Clerk Cathy Swenson
ABSENT: Councilman Joe Evans
Mayor Carol Rudi opened the Regular September 26,
2005, City Council Meeting at 7:30 PM in the
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 SEPTEMBER 12, 2005, CITY COUNCIL
MEETING MINUTES.
As Mayor Carol Rudi and Mayor Pro Tem Bill Cross
were not at the September 12, 2005 City Council meeting, they abstained from
the vote for approval of the minutes.
Mayor Carol Rudi explained that on September 12,
2005, both she and Mayor Pro Tem Bill Cross were attending a Missouri Municipal
League Conference at
Item 4a. on the Agenda. APPROVAL OF THE SEPTEMBER 16, 2005, SPECIAL CITY COUNCIL
MEETING MINUTES.
Mayor Pro Tem Bill Cross moved to approve the
September 16, 2005, Special City Council Meeting Minutes as presented. Councilman Wayne Beer seconded the
motion.
The vote: All
“aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross,
Mayor Carol Rudi. (4-0)
Item 4b. on the Agenda. Special Presentation to the City of the MARCIT
(Mid
Terry Norwood, President of MARCIT, began by saying he
wanted to draw to Council’s attention a remarkable effort on behalf of City
Staff and the City in regard to the City’s Loss Control Program.
Todd Foster reported that MARCIT has had a loss control
program for many years. In the last few
years, the awards program was introduced.
Mr. Foster stated that MARCIT is a not-for-profit risk
retention organization. There is not a
profit built into what is collected from the cities, but there is money set
aside to pay to those cities that are doing a good job of controlling their
losses, which is largely what being a member of the pool is all about. A 105 percent compliance rating earns the
City of
Mr. Foster reported this is not an easy accomplishment. There are 60 activities that are evaluated, which is centered around training, policies and practices. Mr. Foster congratulated the City on this accomplishment.
Mr. Norwood stated that out of 70 communities, 35
participated in the exercise, and only one received this level, which is
Councilman Wayne Beer stated this did not happen simply because the City Manager said “thou shall”, but rather it happened because this City staff and its administration has been able to foster a work safety attitude that makes this happen. It doesn’t happen by edict; it happens because everyone buys into it, which is something for which City staff is to be highly commended.
Mayor Pro Tem Bill Cross inquired into the location of the 70 municipalities included in MARCIT.
Mr. Foster replied the majority of the municipalities are
in the
Councilman Les Smith stated everyone knows the enthusiasm which Human Resources Administrator Charlene Leslie brings to her job, and it is contagious. This accomplishment did not happen by accident; it took a lot of hard work, and Council is proud of City staff.
Mayor Rudi stated she has attended some of the MARCIT seminars and knows what they do, and that work is very appreciated. Mayor Rudi asked if the October 7 and 8 conference would be a credit for the City next year.
Mr. Foster replied, yes.
Mayor Rudi thanked Mr. Norwood and Mr. Foster for their time, efforts, and for the check.
Item 5. on the Agenda. CONSENT AGENDA
Mayor Pro Tem Bill Cross moved to adopt the Consent Agenda as presented. Councilman Wayne Beer seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (4-0)
Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-77, granting a Permanent Easement to Kansas City Power & Light Company in conjunction with the Happy Rock Park Expansion Project (025025). Councilman Wayne Beer seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (4-0)
Mayor Pro Tem Bill Cross moved to approve LIMITED
ONE-DAY LIQUOR BY THE DRINK LICENSE to
Mayor Pro Tem Bill Cross moved to APPROVE THE FINANCIAL REPORTS FOR AUGUST 2005. Councilman Wayne Beer seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (4-0)
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Mary Abbott, 5905 North Broadway, stated she did not really
want to be here tonight, because she is as tired of complaining as Council is
of hearing her complain. Ms. Abbott said
she was present to discuss the detention basin near the Englewood Villas. Ms. Abbott said there were many problems in
getting this area cleaned up, because the owner would not do anything to
improve the neighborhood. The Neighbors
Helping Neighbors group took out the trees that had blown down during the
tornado. The next-door neighbors grew
tired of having the mud slide down on them, so they planted grass seed, and
have been cutting the grass up to this time.
The area was beginning to look pretty good.
Ms. Abbott said last Tuesday afternoon a truck came
in and knocked down the trees at the
Ms. Abbott said Mr. Scharhag does not seem too
interested in the fact that the neighbors have seeded his property and cut the
grass; Mr. Scharhag apparently does not want to cooperate. Ms. Abbott stated she called Assistant City
Manager Scott Wingerson, who said a permit was not issued for grading in this
area.
Assistant City Manager Scott Wingerson stated that
what Ms. Abbott explained was pretty accurate.
On Tuesday, Ms. Abbott called his office, and the area was inspected
that day. The inspector found the debris Ms. Abbott referenced. The material is located west of the detention
pond, between North Broadway and the pond.
Building Official Alan Napoli determined where the debris was coming
from, which is the office building to the south. Mr. Mancuso, the general contractor, placed
the material at the site at the request of Mr. Scharhag. At that time Mr. Mancuso said he would remove
the material as quickly as possible.
Mr. Wingerson said he believed Mr. Mancuso talked to
Mr. Scharhag, and the options for Mr. Scharhag are to obtain a grading permit
or remove the debris. Today Mr. Scharhag
was in City Hall and received an application for a grading permit. Mr. Wingerson suggested giving Mr. Scharhag a
chance to complete the grading permit, see if it is appropriate grading, and if
so, allow Mr. Scharhag to proceed, and if not, the debris would be
removed. Mr. Wingerson said that through
all of this, Mr. Mancuso has been extremely professional and has committed
repeatedly to remove the debris as soon as the City says to remove it. Mr. Wingerson said things are not happening
fast enough for the neighborhood, but it is progressing in a professional
manner.
Councilman Wayne Beer inquired into the options of
the final grade. Councilman Beer said if
there is construction debris, he presumes there is rock and perhaps broken up
concrete.
Mr. Wingerson said the debris is predominately large
rock, clay, and a little bit of construction debris. The use of that depends on the nature of the
fill that is being placed. In some cases
it would be acceptable, and in some cases it would not.
Councilman Beer said it is clear that the site is
not suitable for construction of a structure, so there are not compaction
issues, but the issue remains of the degree of finish. Councilman Beer asked if there would be some
control as to the degree of finish.
Mr. Wingerson replied the entire ground needs to be
covered.
Councilman Beer asked if the debris included waste
lumber, and if that is the case, does the City generally permit those kinds of construction
materials to be buried in a residential area.
Mr. Wingerson said there is a very small amount of
debris, and he observed a very small amount of plastic pipe. He did not see any lumber; the material is
primarily rocks and clay.
Mayor Rudi asked if the pond is a detention pond or
is it there because of springs. Will
grading and leveling create another problem.
Mr. Wingerson said the pond holds water because of
the springs, but it is designed to serve as a detention basin. The grading is outside of the pond and basin,
and is a little bit to the north and west of the pond.
Councilman Beer asked if it is subject to erosion
control measures.
Mr. Wingerson replied yes.
Councilman Beer stated that Ms. Abbott mentioned
that the bottom of the detention basin is always wet, is it intended to be so?
Ms. Abbott replied it has to have a wet bottom,
because the pond has always been spring fed.
The two small ponds have been made into one large pond.
Mayor Rudi thanked Ms. Abbott, and said Staff would
be looking into this matter.
John Garner, 111 Heatherton Court, stated at the last meeting
there was discussion about some problems in his area. It took eight days for his street to be
cleaned after the developer was notified, which he felt was too long. In the minutes of the last meeting, Mrs.
Miller said she had no prior knowledge of anything being wrong in the
area. Mr. Garner said he had a letter
dated July 20th, stating eight different items, which was signed by
Alan Napoli. Mr. Garner said he had
another letter dated August 9th, stating four other items signed by
Alan Napoli. Mr. Garner said a copy was
given to Scott Wingerson, Craig Slaughter, Becky Jarrett and Carol McGuir. Mr. Garner said he had a return letter where
the developer stated on August 23rd to contact her lawyer about the
hill.
Mr. Garner said neighbors met with the developer
before the last City Council meeting, so she did have previous knowledge. Mr. Garner submitted pictures to Mayor Rudi
that were taken yesterday of his area.
Mr. Garner pointed out that the pictures show there is still mud on the
street, and the weeds need to be cut.
The developer said everything would be taken care of in a week to two
weeks. Mr. Garner said his sprinkler
system is still hooked to his next-door neighbor, and he does not have a back
flow system on it, and it was promised to be done by last Friday. Mr. Garner said he has kept notes from the
first day he moved into the house, and he finds in his notes that the developer
was notified the first time about a sprinkler system problem on the Wednesday,
before Memorial Day. On July 8th,
the developer promised the broken sprinkler system would be fixed, and it was
not fixed by the first of August. Mr.
Garner said that on the first of August, Betty, his neighbor, brought over a
water bill that was very high because his sprinkler system is hooked into her
water system.
Mr. Garner stated that the developer still has three
houses for sale in his area. Two of the
houses and possibly all three are not completely finished. Mr. Garner said that since not all of his
concerns have been addressed, he is requesting that all three permits on those
houses be pulled and the houses posted whereby no one can enter the houses to
finish the work. Mr. Garner said the
developer needs to be shown there is enforcement.
Councilman Les Smith said Mr. Garner makes a good
point, but unfortunately, the best thing that could happen for everyone is that
the developer completes the construction of the houses and sells them. Councilman Smith said one of the pictures Mr.
Garner provided shows a lady standing on a back patio, and asked for
clarification from Mr. Garner.
Mr. Garner stated the home in the picture is not
occupied, and the intent of the picture is to show the height of the weeds by
the retaining wall.
Mr. Wingerson reported that last Friday the
developer submitted preliminary plans on the new construction of the retaining
wall. The plans are now under
review. It is anticipated to receive
final plans based on that review in a short time. Mr. Wingerson stated there are four issues in
this area with which the City is involved.
The debris down the south hill has not been removed. Mr. Wingerson said it was his impression that
Mr. Garner’s sprinkler system was disconnected from the neighbor’s system,
thereby, making the back flow prevention not an issue for the City, but Mr.
Garner said the opposite of that this evening, so that will be checked in the
morning. The mud in the street continues
to be an issue that City staff is monitoring and contacting the developer about
as it occurs. Staff continues to monitor
this area.
Mr. Wingerson said he would not want to comment on
suspending the Certificate of Occupancy without the City attorney present. There are some ownership rights that go with
the issuance of that Temporary Certificate of Occupancy, so that may not be a
possible remedy. Mr. Wingerson said
issuing stop work orders has been discussed, but there has been no construction
to stop. The concerns are unsatisfactory,
but Staff is monitoring the situation and pushing for improvements as much as
possible. Mr. Wingerson said he agrees
with Mr. Garner that the response is not appropriate.
Councilman Smith stated it is frustrating for
Council, too, as there are processes by law to which everyone has the right,
and the developer is one of them.
However, there is not one person in the room who would want to live
around the problems in this area.
Councilman Smith said he fully supported Staff proceeding in any way
possible to remedy this situation.
Mayor Rudi stated she agreed with Councilman
Smith. Both she and Councilman Beer
visited this area about one week ago.
The weeds at that time had been cut in places, but it is messy and not
nice in the area. The retaining wall
needs to be fixed quickly.
Mr. Garner stated that any of the members of the homeowners’ association present at this meeting would be willing to testify if the City does bring action against the developer.
Councilman Beer stated Council members thought two weeks ago that things were being done and had been done, but in fact have not been done. Councilman Beer agreed action needs to be taken to remedy the issues in this area. Councilman Beer said he is not ready to go so far as to say Council members have been deceived, but things are looking that way, and when one is deceiving of a legislative body, there should be some punitive measures.
Mr. Wingerson stated he wholeheartedly accepts Council direction, and will take those actions with the advice of the City Counselor. However, there are risks in taking that action. Mr. Wingerson said we are talking about issuing a series of citations for every public concern that exists in the development. Once those citations are issued, it will be a matter of the municipal court, and the due process of the municipal court. Mr. Wingerson said there is a risk in the due process phase, and wants to be certain the Council is advised of that. Staff will move forward in the morning, and will consult with the City attorney if his help is needed.
Jean Ruby, 108 Heatherton Court, said she lives near where
the wall has collapsed. This happened
the first weekend in June. Ms. Ruby said
she has pictures documenting when the wall first collapsed up to now. Ms. Ruby stated she had some concerns about
the safety of her home. Ms. Ruby said
she travels with her job and was gone for ten days, and expected the wall to be
repaired when she returned – it was not.
Ms. Ruby said she talked to the developer, who continues to say it will
be done. Ms. Ruby said she was anxious
to live in Gladstone, and has been a little bit disappointed that there has not
been more follow-up, and if she has to take legal action, that will be her next
step. Ms. Ruby said she likes Gladstone,
but has been afraid to invite friends to her house, because it looks so bad in
her area. Ms. Ruby said she would do
whatever she needs to do as a resident of Heatherton Court.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Wayne Beer reminded everyone that this
weekend is Gladfest, and invited everyone to attend. Councilman Beer said the gentlemen that were
here earlier with a MARCIT check are part of a larger organization, Mid America
Regional Council (MARC), who is making available to Planning Commissioners and
Planners a series of audio conferences to reinforce the tenets of planning,
land use and environmental laws.
Councilman Beer encouraged Council members to attend the audio conferences,
which take place in the MARC offices through June. Councilman Beer asked Mr. Wingerson to
strongly encourage Planning Commissioners and Board of Zoning Adjustment
Commissioners to attend these conferences.
Councilman Les
Smith had no comments at this time.
Mayor Pro Tem
Bill Cross thanked the City for allowing him and Mayor Rudi to
attend the Missouri Municipal League Conference where over 700 City
administrators and Council members were in attendance. It was very much of a learning experience. Mayor Pro Tem Cross thanked the members of
the City administration who went with Council members to Lawson to attend the
Clay County Coordinating Committee dinner meeting. Gladstone was well represented with 13 City
people in attendance. Mayor Pro Tem
Cross thanked City Clerk Cathy Swenson for her assistance in organizing the
meeting, and said another meeting will be planned in the next three months.
Mayor Carol Rudi invited everyone to attend the dedication and
ribbon cutting at Happy Rock Park Expansion, beginning at 5:30 PM on October
10, 2005. Mayor Rudi invited all to
attend the Mayor’s Holiday Tree Lighting event at 6:00 PM on November 22, 2005,
at the First Bank of Missouri on Antioch Road.
Mayor Rudi also invited everyone to help set up the Mayor’s Holiday tree
on November 12, 2005. A specific time
has not been set, but it will be in the morning. Mayor Rudi congratulated Mayor Pro Tem Cross
on his new granddaughter, Callie Taylor, who was born this week.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
Assistant City Manager Scott Wingerson reported that
due to Gladfest, access to City Hall on Friday would be difficult, so City Hall
will close at noon. Mr. Wingerson
reminded Council members that the North Kansas City School Board meeting will
be tomorrow, September 27th, at 6:30 PM for consideration of the
Natatorium.
Item 9. on the Agenda. PUBLIC HEARING:
for consideration of a Special Use Permit subject to certain conditions
to Kathleen Tobin for operation of a Child Care Facility on property at 7260
North Antioch Road. Applicant: Kathleen Tobin. Owner:
Kathleen Tobin (KPJ, II LLC).
File No. 1255
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 this is a renewal Special Use Permit that was originally issued in the year 2000 for a term of five years. Ms. Tobin has been the owner/operator at this facility at 72nd Terrace and Antioch Road for that period of time. The original Special Use Permit had a significant number of conditions that had to do with physical improvements to the property, primarily involving expansion of the parking lot, an addition, fenced areas, screening, and landscaping. All of that has been completed and there has been no concerns raised over the years from the adjoining property owners. Mr. Wingerson reported the Planning Commission is recommending approval to City Council.
Applicant Presentation
Kathleen Tobin began by saying her application is for a childcare/preschool center, which serves children six weeks to five years old. Ms. Tobin said her center has approximately 65 children, and they maintain a 98 to 99 percent maximum capacity, and they operate year around, 7:00 AM to 6:00 PM. Ms. Tobin said her request is that the Special Use Permit be renewed for ten years.
There
were no comments from those in Favor or in Opposition to the application.
Mayor Rudi closed the Public Hearing.
Item
9a. on the Agenda. FIRST READING BILL
NO. 05-29, granting a Special Use Permit subject to certain conditions to
Kathleen Tobin for operation of a Child Care Facility on property at 7260 North
Antioch Road. Applicant: Kathleen Tobin. Owner:
Kathleen Tobin (KPJ, II LLC).
File No. 1255
Councilman Wayne Beer moved to place Bill 05-29 on First Reading. Councilman Les Smith seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the First Reading of Bill 05-29, Waive the Rule and place the Bill on Second and Final Reading. Councilman Les Smith seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the Second and Final Reading of Bill 05-29 and enact the Bill as Ordinance 3.967. Councilman Les Smith seconded.
Roll Call Vote: “Aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (4-0).
Item 10. on the Agenda. FIRST READING BILL NO. 05-30, approving the Final Plat of “Northaven Village Condominium Eighth Plat”, a subdivision in the County of Clay, City of Gladstone, Missouri, and directing the appropriate officials to affix their signatures to said plat for recording. Applicant/Owner: Neil Rose. File No. 1261
Councilman Les Smith moved to place Bill 05-30 on First Reading. Mayor Pro Tem Bill Cross seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 05-30, Waive the Rule and place the Bill on Second and Final Reading. Mayor Pro Tem Bill Cross seconded. The vote: The vote: All “aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the Second and Final Reading of Bill 05-30 and enact the Bill as Ordinance 3.968. Mayor Pro Tem Bill Cross seconded.
Roll Call Vote: All “aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (4-0).
Item 11. on the Agenda. Council Consideration for approval of a five-year extension on an existing City variance for the operation and maintenance of a modular classroom building at Oakhill Day School, 7019 North Cherry.
Councilman Wayne Beer stated as his wife is the Head of School for Oakhill Day School, he would be abstaining from the vote.
Mayor Pro Tem Bill Cross moved to approve a five-year extension on an existing City variance for the operation and maintenance of a modular classroom building at Oakhill Day School, 7019 North Cherry. Councilman Les Smith seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi. (4-0).
Item 12. on the Agenda. Council Consideration of a sign variance for the “New Not So New” property located at 5708 North Oak Trafficway. Applicant: Gary or Toni Bentley. Owner: Randy Robb.
Councilman Les Smith moved to approve the sign variance for the “New Not So New” property located at 5708 North Oak Trafficway. Applicant: Gary or Toni Bentley. Owner: Randy Robb. Mayor Pro Tem Bill Cross seconded.
Councilman Beer stated that for some time our City has been moving towards the phasing out of the pole signs, and phasing in of monument signs. On new structures, that is a requirement. Councilman Beer said while it is an existing structure, the business within the structure is not an existing business. The City has used as its guiding principles in this regard the North Oak Corridor Study, in which one of the tenets is to eliminate the use of pole signs and to phase in the use of monument type signs. Councilman Beer stated the City’s Comprehensive Plan addresses this in that same direction, and the Planning and Zoning Ordinance also has moved to this direction. Councilman Beer said as this is a bit in contravention to all the direction the City has been moving, he would be opposed to approving this variance.
Assistant City Manager Scott Wingerson began by saying BACO (Building and Construction Ordinance) became effective in April 2005. In BACO, pylon signs are prohibited without a specific variance from City Council. Mr. Wingerson continued by saying existing pylon signs are considered to be legal non-conforming, meaning they can stay as long as routine maintenance is performed to keep them in working order. Pylon signs, by the Ordinance, should be made to conform with today’s standard based upon three or four conditions. If the sign is more than 50 percent damaged is one of the conditions. If the name or nature of the business changes, and if the sign is changed in shape or size are also conditions. There are also secondary provisions, but these are the main conditions.
Mr. Wingerson said the issue in this particular case is that the name of the business changed from a thrift store or a vacant building to the applicant’s request tonight.
Mayor Rudi invited the applicant, Gary Bentley to address the Council.
Gary Bentley, 5708 North Oregon, Kansas City, Missouri, stated the nature of the previous business was a thrift store. Mr. Bentley said his business is the same type of operation, but he needs to change the name of the business. The sign is basically in code except for the fact that it is two square feet over the correct size, but he suggested to the City that he would like to simply change the lens on the existing perfectly operating sign. Mr. Bentley said he presented to the City two appraisals he had. One is to just change the face, which is basically $4,000 to $5,000. To change the sign to bring it into conformance is upwards to almost $17,000. Mr. Bentley said he would abide by what the City Council decides, but as a small business owner, just starting out, the high cost is almost detrimental.
Mayor Pro Tem Bill Cross asked Mr. Bentley if it is his intention to utilize the existing sign and simply change the name of the business.
Mr. Bentley replied that was correct. It is called changing the lens, or basically putting their business name on the sign.
Councilman Smith asked if there have been other similar businesses that have received variances from City Council.
Mr. Wingerson stated City Council has supported sign variances in size or type for a variety of businesses over the years, but there is no history on this particular instance as this is a brand new provision to BACO 2003, adopted in April 2005.
Councilman Beer said he recalls a similar instance with Salon Ngyn, at 74th and North Oak Trafficway, where it was a condition for the CDC (Community Development Corporation) to approve the low interest loan to Salon Ngyn. The condition was it had to be in compliance with City code. Where the City Council did not have to deal with that instance, the same issue has now come forward. Councilman Beer said, with that in mind, he would encourage the exploration by Mr. Bentley of a CDC loan. The purpose of the CDC is to provide low amount loans with a five-year term, and with a one percent less than prime interest rate. This makes these kinds of improvements to a property affordable to businesses.
Councilman Smith asked if there is a provision for a time frame in which the sign must be changed.
Mr. Wingerson replied the time frame is upon the change of name or nature of the business – “upon” meaning when it happens.
Councilman Smith asked Mr. Bentley if he is open for business, and if so, for how long.
Mr. Bentley replied he is open for business, and has been operating with banner signs while this process has been happening. He has been opened for approximately four months.
Councilman Smith stated, being a small business owner, he can understand the predicament Mr. Bentley is in. Ninety percent of businesses in this country fail in the first six months of operation due to the lack of capital. Councilman Smith said he visited in passing with the property owner about this issue, and he shares Councilman Smith’s concerns for his tenant.
Councilman Smith said he would like to vote for approval for this variance, but since about 1995 or 1996, he has been sitting time and again in on various ad hoc committees, and so forth, where the recommendations have come time and again that the City has to do something about pole signs. Councilman Smith said someone has got to have the fortitude to start that, and based on what Mr. Wingerson said, this is the first one. The Community Development Corporation made it a condition for the salon that Councilman Beer mentioned, which is a powerful statement unto itself. Councilman Smith said the City has adopted this policy and if that group made it a condition, he is not comfortable with not doing it as well. Councilman Smith said he would like to consider, if Council concurs, to allow the applicant some time. Perhaps the applicant could be allowed some time to allow for financing, whether it is through CDC or a private lender, or whatever means to make the sign change. Councilman Smith said he came this evening prepared to support this application, but he cannot support it, but can support helping the applicant in another way.
Mayor Rudi stated she cannot approve this application. The City has been working for years towards the elimination of the pole signs and the move to monument signs. This Council was present when BACO was approved with this condition in it, although it allowed for the variance to be approved by City Council. Mayor Rudi said with the process of the North Oak Corridor Study, and with the Downtown process, she does not believe she can support this variance, but would be agreeable to a time frame that could be agreed upon.
Councilman Smith asked Mr. Wingerson what the process would be if this application were denied.
Mr. Wingerson replied the sign is not currently being used, and the face of the sign is covered by a tarp, so it is in compliance. At some point in time it would be considered abandoned, and required to be removed or made compliant. That period of time is typically six months for abandonment, so that may be a mark that Council might look towards.
Mayor Rudi asked for a vote on the motion to approve the sign variance. The vote: All “nay” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (0-4).
Councilman Les Smith moved that in light of the sign variance request for the “New Not So New” property located at 5708 North Oak Trafficway was denied, that the applicant be allowed six months from this date to come into compliance with the Sign Ordinance as written in BACO. Councilman Wayne Beer seconded. The vote: All “aye” - Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (4-0).
Councilman Wayne Beer encouraged Mr. Bentley to contact Economic Development Administrator Melinda Mehaffy, who is the liaison to the Community Development Corporation, (CDC), whose purpose is to provide low interest loans to businesses. This could permit Mr. Bentley, with the approval of his landlord, to install a new sign that is compliant. One may borrow up to $15,000 through the CDC with a one percent interest below prime rate, and would permit up to five years in repayment. It was specifically designed to help small businesses to come into conformance and to improve their businesses.
Item 13. on the Agenda. RESOLUTION R-05-78, amending the Tax Increment Financing Policy of the City of Gladstone.
Councilman Les Smith moved to approve RESOLUTION R-05-78, amending the Tax Increment Financing Policy of the City of Gladstone. Councilman Wayne Beer seconded. The vote: All “aye” - Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (4-0).
Item 14. on the Agenda. OTHER BUSINESS.
Mayor Rudi asked if sign variances such as the one considered this evening are brought to Council in the future, that City staff provides some information to City Council indicating that in the past, additional time was allowed for compliance. This would be helpful to Council members.
Item 15. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 16. on the Agenda. ADJOURNMENT.
There being no further business to come before the
September 26, 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