MINUTES
CITY COUNCIL MEETING
GLADSTONE, MISSOURI
MONDAY, JUNE 23, 2008
ADJOURNMENT TO CLOSED EXECUTIVE SESSION
6:00 PM
Mayor Mark Revenaugh opened the City Council Meeting to adjourn to a Closed Executive Session on June 23, 2008, at 6:00 PM. Mayor Pro Tem Carol Rudi made a motion to adjourn to Closed Executive Session pursuant to Missouri Open Meeting Act Exemption 610.021 (1) for Litigation and Confidential or Privileged Communications with Legal Counsel, and 610.021 (2) for Real Estate Acquisition Discussion, and 610.21(3) for Personnel Discussion. Councilman Les Smith seconded.
Roll Call Vote: All “aye” – Councilman Wayne Beer, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh.
(3-0).
Councilmember Carol Suter and Councilman Les Smith were also in attendance at the Closed Executive Session.
Mayor Mark Revenaugh recessed the Closed Executive Session to go into an Open Study Session at 6:30 PM.
REGULAR CITY COUNCIL MEETING
7:30 PM
PRESENT: Mayor Mark Revenaugh
Mayor Pro Tem Carol Rudi
Councilman Les Smith
Councilman Wayne Beer
Councilmember Carol Suter
City Manager Kirk Davis
Assistant City Manager Scott Wingerson
City Counselor David Ramsay
Mayor Mark Revenaugh opened the Regular June 23, 2008, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.
Item 2. on the Agenda. ROLL CALL
Mayor Mark Revenaugh noted that all Council members were present.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Mark Revenaugh led the Pledge of Allegiance, in which all joined.
Item 4. on the Agenda. APPROVAL OF THE JUNE 9, 2008, CITY COUNCIL MEETING MINUTES.
Mayor Pro Tem Carol Rudi moved to approve the Regular June 9, 2008, City Council Meeting Minutes as presented. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)
Item 5. on the Agenda. PROCLAMATION: Recognizing the 20th Anniversary of the North Star Community Band.
Mayor Revenaugh stated that as the North Star Community Band Director, Faye Rader, was not yet in attendance, this item would be moved to later in the Agenda.
Item 6. on the Agenda. CONSENT AGENDA.
Following the Clerk’s reading, Councilman Wayne Beer moved to accept the Consent Agenda as presented. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)
Councilman Wayne Beer moved to adopt RESOLUTION R-08-35, authorizing execution of a contract with Mega Industries Corporation in the total amount not to exceed $120,120.00 for the M-1 at Kendallwood Road Improvements Project. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)
Councilman Wayne Beer moved to approve a NEW RESTAURANT/BAR LIQUOR BY THE DRINK LICENSE for TNT Two, Incorporated, dba Tanner’s Bar and Grill, 6024 North Antioch Road. Managing Officer: Penni Lea Hanebuth. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)
Councilman Wayne Beer moved to approve the following ANNUAL LIQUOR LICENSE RENEWALS:
Senor Tequila, 6502 North Oak Trafficway, Class A&B Liquor by the Drink License.
Smokehouse BBQ, 6304 North Oak Trafficway, Class A&B Liquor by the Drink License.
Washai, LLC, 328 NE 72nd Street, Class A&B Liquor by the Drink License.
Quik Trip #237, 6309 NE Antioch Road, Seven-Day Package Liquor License.
Quik Trip #181, 2590 NE 72nd Street, Seven-Day Package Liquor License.
CVS Pharmacy, 7107 North Oak Trafficway, Seven-Day Package Liquor License.
CVS Pharmacy, 6129 North Antioch Road, Seven-Day Package Liquor License.
Aldi, Incorporated, 7604 North Oak Trafficway, Seven-Day Package Liquor License
Euromarket, 6942 North Oak Trafficway, Seven-Day Package Liquor License.
Kwik Shoppe, 7603 North Oak Trafficway, Package Liquor License
Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)
Councilman Wayne Beer moved to approve the FINANCIAL REPORT FOR MAY 2008. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)
Item 7. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Frank Gabel, 1002 NE 67 Terrace, began by saying he is the owner of the Home of the Blues North of the River, otherwise known as the Hide-Out Bar and Grill. Mr. Gabel stated he also teaches organizational leadership at a college. Mr. Gable asked if there will be a forum on the smoking ban issue, and stated he is not in favor of a smoking ban. It took him four and one half years to clean up that “rat hole”, and he is very proud of it. He supports seven charities, works seven days per week, 365 days per year to turn over $70,000 to the Missouri Department of Revenue. Most of it earmarked for education. Mr. Gabel said he realizes most of that is his Keno revenue, sales tax revenue, and personal income he makes off the $5.00 he makes. Some of his money goes to the City of Gladstone. Mr. Gable said he is working to keep the City Council employed.
Mr. Gabel said he was at the last City Council meeting, and he does appreciate the Council members’ intelligent comments on the smoking ban, and he is hoping the City uses prudence and involvement. Mr. Gabel said this no smoking situation does have a severe economic impact on those of us in the entertainment industry. It is tough – it is just like a tornado went through. Mr. Gabel said it is a personal interest, and he does believe there should be no smoking in church, the grocery store, and so forth, and he does believe there should be reasonable accommodation. Mr. Gabel stated that three lifetimes ago he taught respiratory therapy at the University of Kansas, and he does understand that secondary smoke can be hazardous. People who are allergic to it can have a problem. Mr. Gabel said he also realizes from being an executive in the pharmaceutical industry that we pour 2001 things down the drain that are much more hazardous than secondary smoke. It is just whatever is in fad; right now, smoking is in fad. Mr. Gabel said he would save his comments for the smoking ban forum. Mr. Gabel said he has been in this community off and on since 1952. Mr. Gabel said he disappeared and came back, and it is fun living and doing business in Gladstone, and he is enjoying his involvement with the Chamber. Mr. Gabel continued by saying he feels that the long-term Council members are doing a fine job. As someone with two masters degrees, one in Public Administration, he is supposed to be qualified to evaluate people, and he feels that City Council members are doing a good job, and said “keep it up”!
Sally Burgess, 104 NE 77 Street, said she is the owner of the Lost Bar on 7632 North Oak (the End Zone). Ms. Burgess said she is a new bar owner, and she just wanted to work in bars; she did not want to own one. This just happened. A good 95 percent of her customers are smokers. Ms. Burgess said she had smoked for 32 years, and currently has quit smoking for over one year, but she sees so many businesses going under, and she hears people who are non-smokers saying, yes, we go in and we increase the business. Ms. Burgess stated they are not increasing the business. The businesses are going under; they are being sold and they are closing down, and where are all those non-smokers who voted for the non-smoking? They are not in her bar, and they are not going into her bar, whether it is non-smoking or not. Ms. Burgess said she is a small business owner, and she is going to go under if the no smoking law passes, and that is revenue to Gladstone that is not going to happen.
Larry Thrasher, 2379 NE 68 Street, said he is a non-smoker, but it seems like Kansas City, Missouri still has some legal problems. Mr. Thrasher suggested, so we do not get into legal problems, he would like to see us in six months go to Kansas City, Missouri, and address the Westport Association, and the Restaurant and Bar Owners Association. If we do have an Ordinance, maybe we should require them to put in a smoke eater or a clean air situation back in the smoker area. Mr. Thrasher said he tended a bar for about 11 years in midtown. In the early 1990’s there was a lot of smoking. He had to wash his clothes each night, but at the end, most of the people going to the bar were going outside. Mr. Thrasher said he would like for the City to go around to some of the bars and see just how bad the smoking is, and how many non-smokers there are by taking a small survey. This would be fair to owners, instead of just making a quick fix, because other people have. Mr. Thrasher said he would hate to see anyone lose their business.
Mr. Thrasher said he was involved with Gladstone On The Move, and he moved into a condominium complex, and found that codes in some places just don’t apply to private property or condos. If we are going to have a lot of condos and apartment complexes, Public Works and the City need to get together. Mr. Thrasher said as an example, three inches of concrete with no rebar and an 80,000 pound trash truck going over it makes for a small time, so they have to come up with $20,000 or $30,000 to replace it. Mr. Thrasher said he believes our city needs to be ahead of the other people and start making the rules not just for Gladstone, but we need to get with the codes department or a builders association. Mr. Thrasher said he does not know who the exact person is to go to in order to make a change, but if we can have codes for electricity and plumbing, he cannot believe we cannot come up with other rules for condo owners and developers and for the people who live there to have redress against those people.
Michelle Nardella, Mark & Michelle’s Bar and Grill, 7102 North Oak Trafficway, stated she agreed with Frank and Sally. Ms. Nardella said bout 95 percent of her customers are smokers, and it will put her out of business, and that is all she has to say.
Ed O’Neal, 6305 North Askew, said he has been a Gladstone resident for over 40 years. Mr. O’Neal said he is not a smoker nor has he ever been a smoker, and he is not a business owner of any kind, and he never has been. Mr. O’Neal said he was present to oppose a smoking ban. A person has a choice as to whether or not he wishes to patronize a business, and a business owner has a choice as to how he runs his business. He must decide how to make his business successful. If that means making his business smoke free or not, that should be his choice. A citizen has a choice to work at or make use of that business. Mr. O’Neal said he knows there are health issues involved. The government has chosen to allow tobacco to be grown. The tobacco industry is allowed to manufacture this product and sell it to the public, with the only warnings being the health issue warning from the Surgeon General on the cigarettes. The government in this City should choose to let the business decide how it chooses to survive and how to handle this issue.
Mr. O’Neal said there is also the cost issue. Kansas City is involved in a legal squabble with a bar owner. As to how this will come out in the courts, the City Counselor says it may take up to two years for this to happen. Mr. O’Neal said he believes if our City goes ahead and passes a non-smoking Ordinance, most of the bar owners won’t be here in two years when a decision is made. If that decision comes down in favor of the bar owners, we will have lost all of that tax revenue. Mr. O’Neal said it is his belief that this should be tabled until a decision is made by the courts of Missouri. Mr. O’Neal said he asked Mayor Pro Tem Rudi about the Bowling Centers in regard to this issue.
John Garner, 111 Heatherton Court, stated he is the President of the Stormy Acres Neighborhood Association. Mr. Garner said he would like to thank the City Council and the City Manager for addressing their concerns and taking care of them.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilmember Carol Suter stated she appreciated hearing kudos when we do it right and when we respond, and thanked Mr. Garner on behalf of his neighborhood association. Councilmember Suter said coming off the high of being an All America City, she does not know what we have to do in the Northland to ever get in the general circulation of the Kansas City Star. If we were some suburb in Kansas, it would be all over the place. Councilmember Suter said she appreciates the coverage north of the river, but is just lamenting that we still cannot receive coverage in the general circulation, because we deserve it, and it was quite an accomplishment for us and this area, and she hopes folks in the rest of the area appreciate it.
Councilman Wayne Beer reported it was another successful Bluesfest this year. Councilman Beer said, unfortunately, he was not here for all of it, and only was able to work the last evening of the event. For the period he was there, it was a great crowd and great music, and everyone had a good time.
Councilman Les Smith had no comments at this time.
Mayor Pro Tem Carol Rudi invited everyone to the City’s July 4th celebration in Oak Grove Park, which begins at 8:30 PM. There will be a wonderful performance by the North Star Community Band, and tremendous fireworks. Mayor Pro Tem Rudi said she hopes everyone brings a picnic, goes to the park, and has a great time. If anyone does not want to cook at home, frequent Gladstone businesses and bring a picnic!
Mayor Mark Revenaugh stated that the City received a letter from the Chief of Police of North Kansas City, thanking our Police Department, headed by new Director Mike Hasty, for their assistance. They had a problem at Harrah’s Casino a couple of weeks ago with what could have been a dangerous situation, and apparently it was for the North Kansas City police, because they were outmanned. They put out a call for other jurisdictions to assist them, and from the letter Mayor Revenaugh saw, Gladstone Public Safety was quick to respond and help them restore order very quickly. Mayor Revenaugh commended Public Safety Director Hasty and his department on a great job in helping our neighbor to the south.
Item 8a. on the Agenda. BOARD AND COMMISSIONS APPOINTMENTS.
Mayor Pro Tem Carol Rudi moved to appoint Brenda Lowe to the Telecommunications Advisory Board, with a term she believes expires in 2009, and move Dianne Smith from the Environmental Management Advisory Committee to the Planning Commission to complete Don Horton’s term. Councilman Les Smith seconded.
Councilman Smith clarified that he is not related to Dianne Smith.
The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh.
(5-0)
Item 9. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis invited everyone to attend the Theatre in the Park production of The King and I on July 11, 12 and 13. The City is hosting this week the Kansas City Corporate Challenge swimming events in the Community Center, and we are expecting 2,400 swimmers over four days. We are pleased to be able to use the facility for that many folks. City Manager Davis called attention to the banner on display at the Council dais, and said Richard King put it together, and we hope to utilize it in many places, along with other banners that we intend to utilize to promote our City. This banner will be displayed at the July 4th celebration.
Mayor Revenaugh stated at this time, he would like to present a Proclamation recognizing the 20th Anniversary of the North Star Community Band. Mayor Revenaugh said one of the jewels of the Northland has been the North Star Community Band. It is made up of students, professionals, and folks like him, who used to play an instrument many years ago. Mayor Revenaugh said everyone in the community is welcome to join the North Star Community Band, and to his knowledge, no one is turned away. They provide the music for all the musicals, and they also give concerts throughout the year, especially on the 4th of July, which really adds to the nice community event for everyone to enjoy the July 4th celebration. Mayor Revenaugh invited the North Star Community Band Director Faye Rader to join him as he read and presented the Proclamation to her.
Councilman Smith jokingly asked Ms. Rader if Mayor Revenaugh was a good musician.
Ms. Rader replied that Mayor Revenaugh was really a quite good musician.
Councilman Beer jokingly said that Council did not know whether to believe him or not!
Ms. Rader thanked the Mayor and Council for the Proclamation, and said this has been a wonderful place to have the home for the band. Sheila Lillis and she walked around the park on many occasions trying to figure out how to make it better, what we could do to improve it, and how we could include others. Ms. Rader said the Ibsens began the Theatre in the Park in the summer of 1988, one show before she could put the band together. She and the Ibsens met as a fluke at Antioch Shopping Center. There are probably 75 to 80 musicians in the full band. At the time that Van Ibsen saw them for the very first time, the band fit on the little square fountain area at Antioch Shopping Center, and he handed Ms. Rader’s mother-in-law a card, and said have her call me, I might have some possibilities for a theatre in the park. Ms. Rader said she looks at those instances as how odd it was for the things to start at the same time, unrelated, and to come together in a community that supported them. Ms. Rader said this means a whole lot, and again thanked the Mayor and Council.
Mayor Revenaugh jokingly said, for the record, he was the First Chair for most of the three years he played in the orchestra.
Item 10. on the Agenda. RESOLUTION 08-36, authorizing execution of a contract by and between the City of Gladstone, Missouri, and the Kansas City Area Transportation Authority to provide Public Transportation for the period of July 1, 2008 through June 30, 2009.
Councilman Wayne Beer moved to adopt RESOLUTION 08-36, authorizing execution of a contract by and between the City of Gladstone, Missouri, and the Kansas City Area Transportation Authority to provide Public Transportation for the period of July 1, 2008 through June 30, 2009. Mayor Pro Tem Carol Rudi seconded.
The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh.
(5-0)
Item 11. on the Agenda. MOTION TO RECONSIDER BILL NO. 08-14, approving a Site Plan Revision in a CP-1 Zone for property at 6450 North Prospect.
Mayor Revenaugh stated that at the last City Council meeting a motion was made and seconded, and then the item was tabled.
As there was no discussion at this time, Mayor Revenaugh called for a vote.
Roll Call Vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh.
(5-0).
Item 12. on the Agenda. HEARING: for reconsideration of a Site Plan Revision in a CP-1 Zone for property located at 6450 North Prospect. Applicant: Scott Proctor, Zone Equities, LLC. Owner: Northlander Properties, LLC. (File #1311).
Mayor Revenaugh said as the Motion to Reconsider has been approved, he would open the Hearing for reconsideration of a Site Plan Revision in a CP-1 Zone for property located at 6450 North Prospect. Applicant: Scott Proctor, Zone Equities, LLC. Owner: Northlander Properties, LLC. (File #1311).
Mayor Revenaugh opened the Hearing.
Comments from the Staff
Assistant City Manager Scott Wingerson began by saying the applicant and the developer for this case was present. There was a Public Hearing several meetings ago, which resulted in us appearing here. There is some additional information that was not available before, and there have been some changes made in both the Site Plan and the building elevations that warrant further discussion of the issues. Mr. Wingerson said the applicant was present and ready to provide information to the City Council.
Applicant
Pete Hall, 5621 Clinton Place, said he was present at this meeting to speak about the Zone Equity property, for which he is the representative. Mr. Hall stated he has been married to Cheryl for 40 years this coming November; however, like many of us, this is his second marriage. When he married the first time, they pledged to each other, among other things, that they would always be together, and at that point in time, that was the correct thing to do. Three years later, they were divorced, because circumstances had changed, and being apart was then the correct thing to do. Mr. Hall said he does not share this to just tell about his personal life, but to make sure that Council understands that this is a parallel scenario to what happened with Tower Plaza. The circumstances have changed since the original Site Plan was approved. Now, three years later, change is needed, because it is the correct thing to do. There are several facts that should be considered prior to reviewing the narrative of this revisit to the second reading. First, it is important to understand that over 95 percent of commercial development that have multiple lots require Site Plan revisions or plat changes. This request is probably more common than uncommon. Not one area resident has spoken about the submitted Site Plan revision. One resident did speak favorably at the Planning Commission meeting. There has been a lot of concern about the neighbors, and perhaps, those concerns are not warranted.
Mr. Hall stated much has changed since the original Site Plan for this development was approved three years ago. No fast food retailers came forward, and it is likely there will not be a fast food restaurant at this development, even though the Site Plan revision for lot 1 is designed for a fast food restaurant. Both commercial and residential development has slowed over the past three years, and it is likely to remain soft for the next several years. The demographics of the area have changed, and will likely continue to change to older and more moderate-income residents. Housing stock continues to age, and will not increase in value over the next several years, at least at the same rate as it has over the past few years. City income from sales tax has not increased in the last several years, and is likely to decline over the next few years without more retail development. Quality, reusable retail building stock is a strong asset for any municipality. Specialty buildings, such as the current approved building on lot 1, on the existing Site Plan, can create quite a few problems later on, particularly, if the use changes. In response to the concerns that have been shared, changes to the Site Plan and the building are submitted for consideration to the City Council, in addition to the 19 or 20 items agreed to all along. The Ordinance submitted at the referenced City Council meeting has agreed to do the following:
To install a wall sufficient in height to hide vehicles in the parking area from the view of the residents and houses to the north of the property. Such a wall shall be a minimum of 36 inches tall from the top of the curb, at the northeast corner of the building, and generally follow and parallel to the existing retaining wall. Mr. Hall pointed out on displayed plans the proposed wall.
The east and the south exterior building elevations, as indicated in the Council’s packet, shall be finished with a stucco material, and colored the same as the two existing buildings located in the development. Zone Equity has agreed to mirror those buildings.
A four-sided standing seamed metal roof is to be constructed above the entrance to the building that will be consistent with the roof that’s above the entrance to the BankLiberty building.
The orange horizontal logo stripe shall appear only on two sides, east and south of the building. No such stripe or logo shall be on the west or north of the building, and will not be visible to area residents. Mr. Hall indicated on the rendering where the impression of columns would be added, with the material being a rough textured masonry to better mirror the other two buildings. The columns will face the south and come to the top of the parapet and have a similar degree angle at the top to cap it off to better represent the two other buildings. Mr. Hall indicated other aspects of the building on the rendering.
Mr. Hall said these changes may not seem like a lot, but they are a considerable financial commitment by the developer. This commitment is not only important, but it shows that the developer is trying very hard to work with the City in every way possible to help in any way it can with the architecture and design standards of the City, and also to help economically the City of Gladstone. Their commitment has increased by 25 to 35 percent with some of these changes, since they originally looked at the site, which is substantial.
Mr. Hall asked for Council’s approval for all the items related to this project on the agenda. The developer has exercised four 30-day options because of some things discussed administratively with the City to get approval. They are on their 4th 30-day option, which will be over the end of this month. Mr. Hall stated, thereafter, they have indicated they have expired all the opportunities they have, so he asks that Council address all of the issues tonight and hopefully get this accomplished.
Councilmember Suter stated she appreciated the movement in dealing with the numerous concerns or objections expressed by several members of Council.
Councilman Beer stated what has been seen this evening is significant movement, and he would have more comments in the discussion later.
Councilman Smith had no questions or comments at this time.
Mayor Pro Tem Rudi stated in regard to the 36-inch minimum wall – if a truck pulls up, are the lights hidden or does it need to be taller?
Mr. Hall replied the intent is to start there and then do the tests. That opportunity has not been presented yet. Once the elevations are done, and the asphalt is down, they will be able to better understand what exact height that has to be. The 36 inches is a minimum. The ground level there is substantially higher than the homes behind it. There are only two homes that can even see it. Those homes are down quite a ways, so the height of the wall won’t have to be near as high. The intent is to alleviate any problem which may occur.
Councilman Beer said at worst, we would be illuminating the shingles.
Mayor Pro Tem Rudi asked if the columns would go all the way to the top of the building.
Mr. Hall said that was correct – to the top of the parapet, the same as the other buildings.
Mayor Pro Tem Rudi asked if the column would interfere with the stripe.
Mr. Hall replied the color of the column will be the color of the base, the darker color of the base. The stripe will be interrupted by the column.
Mayor Pro Tem Rudi said she noticed what is missing in the draft Ordinance is that in the past we have had no overnight parking of commercial vehicles of any kinds. Mayor Pro Tem Rudi said it talked about delivery trucks, but that was left out, and asked if it would be a problem to put that back in.
Mr. Hall agreed that would be fine; there is no intention of doing that.
Mayor Pro Tem Rudi said the final question she had was regarding the hours of operation, and her inclination is to cap it at 10:00 PM, and asked if that would create a huge problem?
Mr. Hall said this has been discussed more than once, and his feeling is strongly the same way it has been. It is very difficult to say to one retailer that they have to close at 10:00 PM, but your other retailers can close at midnight. Mr. Hall said he feels this is not fair or correct to do. Mr. Hall said there are no other Auto Zones that are open that late. They close at 9:00 PM and sometimes 9:30 PM, because they have customers. There is no intention of being open later than that. Mr. Hall said the developer has instructed him that they feel like that they have been controlled more than they have ever been controlled anywhere they have gone, and that they feel like they need to not do any more than they absolutely have to, and that’s one of the areas they pointed to.
Councilman Smith stated Mr. Hall and the developer have made significant strides towards trying to work with the community, and he always wants to be appreciative of that, as is the entire Council and Staff. Councilman Smith asked that the roof pitch match that on BankLiberty so as to look as substantial as the one on BankLiberty.
Mr. Hall agreed, and said the standing seamed roof may not be the exact same dimensions, but that is a matter of engineering. The pitch will be the same. The intent is to mirror that the best we can, and there should not be an issue there.
Councilman Smith said in looking at the drawing submitted for reconsideration, what is the rationale in not doing the north and the west side at least in the color scheme that was shown on those, and doing just a blank wall. Is there any reason cost wise why they wouldn’t want to do the three colors to give it some character?
Mr. Hall replied that is not an issue; they will be glad to. There was thought that it would blend better if it didn’t have more than one color. Mr. Hall said he would submit that maybe the light tan color from the top to the bottom. Mr. Hall said he would be more than happy to have all three colors. There is no cost to that issue. Mr. Hall said they are happy to do it either way.
Mayor Revenaugh asked if there will be built columns or are they going to paint columns on the building.
Mr. Hall stated there will be a different material used. They will use a rough textured masonry to build the columns. It will be different material and a different elevation. It will either stick out or be recessed from the remainder of the building, so it will be very obvious – different color, different materials, and be recessed or extended out, so it will be obvious columns.
Mr. Smith said just to clarify, we did have one resident speak against the application, because he does not want that individual to read the minutes and see that we did not count him.
Mr. Hall said his comment was that no one spoke against the revision of the Site Plan. We did have an individual speak against the use.
There was no one who spoke in Favor or in Opposition to the application.
Mayor Revenaugh closed the Hearing.
Councilman Beer stated that what we have seen tonight is significant movement on Zone Equity’s part, and he would like to clarify that Council’s objection was not that anyone really objected to the project itself, but that rather the project did not comply with conditions that were set forth by the developer three years ago, at least that was his objection. Councilman Beer said what we have seen tonight is that they have met the conditions that they set forth for themselves three years ago, and with that, he is happy with what he sees here tonight. This is a good project, and it will be good for the center and the City.
Councilman Smith said his objections are not as strong as they were, but there are some objections that cannot be overcome, and those objections would be the intended use that some of Council went to bat for three years ago. Councilman Smith said he has some philosophical differences with the project besides just the look of it, and he still does not feel it mirrors the objectives of various citizen visioning groups that have been engaged in the City; nonetheless, he is satisfied enough that he will not pontificate against it, and wishes Auto Zone and the Wheelers the best of luck from this point forward.
Mayor Revenaugh asked Counselor Ramsay if the hours of operation and the overnight parking should be included in the first reading of the draft Bill as an amendment?
Councilman Beer stated he hopes it is not an amendment, and he understands Mayor Pro Tem Rudi’s concerns about operating hours, but he is in agreement that it would not be in everyone’s best interest to try to have one business operating under different hours. We know already that maybe there is one Auto Zone in the area that operates until 11:00 PM, but otherwise everyone closes at 9:00 PM, and Auto Zone is not going to man a store where there is no customers after 9:00 PM. No one shops after 9:00 PM for those kinds of issues, and for us to spot zone is probably not in everyone’s best interest to do. Councilman Beer said he could not support changing the hours.
Mayor Pro Tem Rudi said she is willing to leave it as it is for the hours, but does want to include the overnight parking issue.
Item 12a. on the Agenda. FIRST READING OF DRAFT AMENDED BILL NO. 08-14, approving a Site Plan Revision in a CP-1 Zone for property at 6450 North Prospect.
Mayor Pro Tem Rudi moved to place AMENDED BILL NO. 08-14, approving a Site Plan Revision in a CP-1 Zone for property at 6450 North Prospect, on First Reading with the following change, which is to add item number 22., which says “any overnight vehicle parking is prohibited”, and one other change, which is in item number 20., where it talks about the 36 inches for the wall, it should say “minimum” of 36 inches. Councilman Wayne Beer seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. (5-0). The Clerk read the Bill.
Mayor Pro Tem Carol Rudi moved to accept the First Reading of Amended Bill 08-14, Waive the Rule and place the Bill on Second and Final Reading. Councilman Wayne Beer seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. (5-0). The Clerk read the Bill.
Mayor Pro Tem Carol Rudi moved to accept the Second and Final Reading of Amended Bill 08-14 and enact the Bill as Ordinance 4.076. Councilman Wayne Beer seconded.
Roll Call Vote: “Aye” – Councilmember Carol Suter, Councilman Wayne Beer, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. “No” – Councilman Les Smith. (4-1).
Item 13. on the Agenda. BUILDING PERMIT: for construction of a new 7,147 square foot commercial business for the sale of automotive parts on property located at 6450 North Prospect. Applicant/Owner: Zone Equities, LLC.
Councilman Les Smith moved to approve the BUILDING PERMIT for construction of a new 7,147 square foot commercial business for the sale of automotive parts on property located at 6450 North Prospect. Applicant/Owner: Zone Equities, LLC. Councilmember Carol Suter seconded.
Councilman Smith said just to be specific and clear, we talked about the standing split seam metal roof matching the pitch of the BankLiberty, and for the color scheme to remain on the drawings that were submitted along with the discussion that Mr. Hall had with Council during the previous hearing.
Councilman Beer stated that he wanted to be certain that the conditions be included as listed in the Site Plan Ordinance that has been adopted as 4.076.
Mayor Pro Tem Rudi said she would like to emphasize the intent to eliminate the lights from vehicles with a 36 inch or higher wall, and that the columns will reach to the top of the building, and the stripes will stop, and the columns will be made of a different type of material and have a different elevation, whether they are recessed or stand out, and some type of parapet on top of the columns, as discussed.
The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh.
(5-0).
Item 14. on the Agenda. PUBLIC HEARING: for consideration of a Special Use Permit subject to certain conditions for operation of a Child Care center on property located at 7628 North Wabash. Owner: Jay B. and Tana S. Davis. Applicant: Tamara K. Hamil.
Mayor Revenaugh opened the Public Hearing.
Staff Presentation
Planning Specialist Chris Helmer began by saying the applicant, Ms. Hamil, is currently operating a day care at 7628 North Wabash under State requirements of a total number of four children. Ms. Hamil is present this evening pursuant to State statute to increase her business operation for a total number of 10 children. Overall, Staff does not have a significant objection to this request. In the Ordinance, as well as in the Staff Report, Staff is recommending a one-year Special Use Permit request for this particular location. Staff feels it is in the best interest of the City to work under this shorter time frame, which is consistent with what Council has approved with previous Special Use Permit requests.
Comments from the Applicant
There were no comments from the applicant at this time.
Comments from those in Favor of the Application
Charles Weems, 7621 North Wabash, stated he lives across the street from the proposed Day Care Center, and said he is not against the Day Care Center, he just has some questions. Mr. Weems asked what the hours of operation would be, how many children there would be, and would the back yard be fenced, because those little children coming out of there are little bullets when they come out of a yard and into a street. That street now has more traffic than we have ever had. Mr. Weems said he does not want to come around a curve and pick up some little child or be in his yard and have to run someone down, because they have hit someone. Mr. Weems said he has lived in the neighborhood for 17 years, and it is a nice neighborhood. The neighbors have all been good.
Mr. Weems said he does not want to see at 6:30 AM on a Saturday or 9:30 at night a bunch of kids showing up. Mr. Weems said he knows there are working mothers and single mothers, but he wants to be sure there will be some kind of order in the neighborhood, and with school being out, he doesn’t want to come home with 200 little kids over there. Mr. Weems said he would like to know the hours of operation, how many kids will be allowed, and will the back yard be fenced.
Mr. Helmer replied that as he stated earlier, that under State requirements and the Special Use Permit request, the maximum number of children is 10. Mr. Helmer said in the draft Ordinance, Number 5. under Section 1., it states the hours of operation shall be limited to 6:00 AM to 7:00 PM, Monday through Friday. This is consistent with what we have seen with other requests of this nature. The applicant has stated in a letter to the Planning Commission and City Council that there is the intention of installing a wooden fence in the back yard.
Mayor Revenaugh asked if there would be a fence before there are children staying there?
Mr. Helmer said there are currently four children at the operation and he has not seen the back yard, but the applicant is looking at putting a wooden type fence in the back yard.
Councilman Smith stated he believes the Mayor’s question is when?
The applicant, Tamara K. Hamill, 7628 North Wabash, stated to be licensed in the State of Missouri, you have to have a 4.5 foot high fence, so she will do that. Right now she does watch four children and is outside all the time with them. She is very cautious. Ms. Hamill said she is awaiting a survey to find out where her property line is, and then will proceed with installing a fence. Ms. Hamill stated she cannot have more than four children without meeting the requirements of the State of Missouri, which are a lot of requirements, and one of them is a fence.
There was no one who spoke in Opposition to the application.
Item 14a. on the Agenda. FIRST READING BILL 08-19, approving a Special Use Permit subject to certain conditions for operation of a Child Care center on property located at 7628 North Wabash. Owner: Jay B. Davis. Applicant: Tamara K. Hamill.
Councilman Wayne Beer moved to place Bill 08-19 on First Reading. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. (5-0). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the First Reading of Bill 08-19, Waive the Rule and place the Bill on Second and Final Reading. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. (5-0). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the Second and Final Reading of Bill 08-19 and enact the Bill as Ordinance 4.077. Councilman Carol Rudi seconded.
Mayor Pro Tem Rudi stated for clarification for the audience that Ms. Hamill is required to have a State license by our Ordinance, and the State will not give her that license without the fence, so that is assurance that the fence will go up before those children arrive.
Roll Call Vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh.
(5-0).
Item 15. on the Agenda. PUBLIC HEARING: for consideration of a Site Plan Revision for property at 5800 North Oak Trafficway. Owner: Lighthouse Liquors. Applicant: Truman Road Properties.
Mayor Revenaugh opened the Public Hearing and stated the Public Hearing would be continued to the Monday, July 14, 2008, City Council meeting at the request of the applicant.
Item 16. on the Agenda. FIRST READING BILL 08-20, repealing Ordinance No. 4.042 (Section 6.110.100 of the City Code) and enacting in lieu thereof a new Section to provide for an increase in the Water Rate Charge to $3.34 per 1,000 gallons of water usage, as a portion of the Water Service Rates for the City of Gladstone, Missouri.
Councilman Les Smith moved to place Bill 08-20 on First Reading. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 08-20, Waive the Rule and place the Bill on Second and Final Reading. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the Second and Final Reading of Bill 08-20 and enact the Bill as Ordinance 4.078. Councilmember Carol Suter seconded.
Roll Call Vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh.
(5-0).
Item 17. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 18. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 19. on the Agenda. ADJOURNMENT.
There being no further business to come before the June 23, 2008, Gladstone Regular City Council Meeting, Mayor Mark Revenaugh adjourned the regular meeting to reconvene to Closed Executive Session.
Respectfully submitted:
______________________________
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
______________________________
Mayor Mark S. Revenaugh