Board of Aldermen
CITY OF PARKVILLE, MISSOURI
Regular Meeting
September 17, 2002
CALL TO ORDER
Mayor Pro Tem Marvin
J. Ferguson called the meeting to order at 7:00 p.m. in the Board Room.
ROLL CALL
Ward 1 Alderman Jack Friedman - present
Ward 1 Alderman Charlie Poole - present
Ward 2 Alderman David McCoy - present
Ward 2 Alderman Dave Rittman - present
Ward 3 Alderman Marvin Ferguson - present
Ward 3 Alderman Linda Arnold - present
Ward 4 Alderman Marc Sportsman - present
Ward 4 Alderman Kathy Dusenbery - present
ALSO PRESENT
City Administrator
Pat Hawver
Police Chief Bill
Hudson
Director of Community
Development Danielle Devlin
Superintendent of
Streets Alan Schank
Tom Hutsler, Danny
Tinsley and Dave Williams for Joint Sales & Development, English Landing
Center
David Wang and Winnie
Wang, Yoshiko Japanese Steak House & Sushi Bar, English Landing Center
Paul and Greg
Mancuso, P&G Hardware
Patricia Jensen,
Attorney for P&G Hardware
Tony Borchers, The
National
Mark Coulter, Jay
Harms and Mark Bolling, developers of property in English Landing Center
Larry Doughty, The
Olde Mill, English Landing Center
Mr. and Mrs. David
Allen, Houston Lake, for Subway
Bob Stevens, Logan
Associates, for Joint Sales & Development, English Landing Center
David Barth, Thousand
Oaks
REVIEW OF MINUTES
ALDERMAN POOLE MOVED
TO APPROVE THE MINUTES OF THE SEPTEMBER 3, 2002, MEETING AS PUBLISHED; ALDERMAN
SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.
LIQUOR LICENSES FOR YOSHIKO STEAK HOUSE &
SUSHI BAR
David Wang and his
daughter Winnie, residents of The Bluffs, were present to request resort and
Sunday sales liquor licenses for this new restaurant they will open in English
Landing Center about November 1, 2002.
In addition to the seating on the main floor, there will be a banquet
room on the second floor.
ALDERMAN FRIEDMAN
MOVED TO APPROVE THE ISSUANCE OF RESORT AND SUNDAY SALES LIQUOR LICENSES TO THE
WANGS FOR TOSHIKO JAPANESE STEAK HOUSE AND SUSHI BAR, TO BECOME EFFECTIVE UPON
THEIR RECEIPT OF A CERTIFICATE OF OCCUPANCY; ALDERMAN ARNOLD SECONDED; ALL AYE;
MOTION CARRIED.
ART AT PARK
A letter was received
from Linda Doubenmier at Park University requesting that a banner be hung
across Highway 9 beginning October 5th advertising their Art at Park
event on October 12th and 13th. They are inviting people to join their art contest for this
event. Call 741-2000 or 584-6212 for
more information.
ALDERMAN FRIEDMAN
MOVED TO APPROVE THE HANGING OF A BANNER FOR ART AT PARK FROM OCTOBER 5th
THROUGH OCTOBER 13th; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION
CARRIED.
PROCLAMATION FOR SENIOR CITIZENS
Mayor Pro Tem
Ferguson read a proclamation naming the month of October as Senior Citizen
Month in Parkville. It is attached to
these minutes.
ALDERMAN POOLE MOVED
TO ADOPT THE PROCLAMATION; ALDERMAN ARNOLD SECONDED; ALL AYE.
Mrs. Arnold added
that Platte County senior citizens are going to have health fairs October 24th
at Platte City at the United Methodist Church, and one in Riverside at the Riverside
Community Center, 4498 High Drive (741-4172) October 31st. People should call Platte Senior Services,
Inc., 891-7777, for more information.
MISSOURI GAS
ENERGY FRANCHISE. Mr. Hawver distributed draft copies of a renewal
agreement with Missouri Gas Energy and asked aldermen to review it for
consideration at a public hearing in October, probably at the October 15th
meeting.
HEARTLAND AREA
NEIGHBORHOOD SYMPOSIUM (HANDS). Ms. Devlin referred to flyers which had been
inserted in meeting packets. She will
attend and urged others to do so as well.
It will be held at the Kauffman Foundation on October 12th,
and will focus on neighborhood issues.
P&G HARDWARE SITE AND BUILDING PLAN, IN
B-4 ZONING
Ms. Jensen appeared
for the Mancuso brothers. The plan has
been modified since they bought
adjoining property and brought it into the city. It now unifies development of the property.
Tony Borchers said he
has appeared before the Board several times in support of the Mancuso
development. He said this project is in
B-4 zoning, which is appropriate for it.
Today was the first chance he had to review the building plans. The National is in support of the overall
concept. They are a little concerned
about the way the building is now flipped.
The first thing a person would see coming in is the concrete retaining
wall. The loading dock is adjacent to
Highway 45. There are metal panels on
the back. The applicants said they
would be happy to wrap the back in stucco or other material as the front of the
building is. The National feels that
would be preferable. It looks like the
plan is to continue the cross access easements; The National wants to make sure
that is on record. They are happy with the number of trees that have been left
adjacent to their property. They would
like to see those left as much as possible.
Ms. Jensen said they
would be agreeable to continuing the uniform facade around the building. There’s some brick at the bottom. The retaining wall is a finished
concrete. The building is of finished
concrete, stucco, metal, etc.
She said there were
loading docks in the front and back of the building before. There was no building plan submitted
earlier, only the site plan, which showed the loading docks. Mr. Mancuso said the only change from the
plan they saw before was to flip the building.
Mr. Friedman asked about loading docks; he said it seemed like a semi
would block access to the building. It
was explained that they did not expect a delivery by semi more than twice a
week, early in the morning. She said
the loading dock would not be really visible; it would be covered by signage,
etc.
ALDERMAN FRIEDMAN
MOVED TO APPROVE THE SITE PLAN AND THE BUILDING PLAN AS SUBMITTED WITH THE
STIPULATION THAT THE OWNERS COMPLY WITH PLANNING COMMISSION AND STAFF
REQUIREMENTS AS NOTED; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.
REQUESTS FOR CHANGES IN PLAN, 171 ENGLISH
LANDING DRIVE, ENGLISH LANDING CENTER
Mr. Ferguson noted
there were two items to be brought before the Board because English Landing
Center is in the Old Town District, which requires Board approval as in
B-4. No ordinance is required for these
matters.
CONDO. Mr.
Coulter, Mr. Bolling and Mr. Harms were present to request that a living space
be substituted for an office space in the building at 171 English Landing
Drive. Mr. Ferguson reported that the
Planning Commission voted for approval 7-2.
Mr. Coulter said this space would be on the second floor and would ease
the pressure on the parking. Mrs.
Arnold asked if there were any special conditions. Mr. Coulter said the fire
code, rocking around the side, etc. Any
additional requirements would be easily met.
Mr. Sportsman asked
Ms. Devlin what would happen if at a later date the owners decided to return
the space to retail or office space.
Ms. Devlin said they would have to come back before the Board for
approval.
ALDERMAN RITTMAN
MOVED TO APPROVE THIS REQUEST SUBJECT TO THE CONDITIONS SET FORTH; ALDERMAN
SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.
SUBWAY SANDWICH
SHOP. (NOTE: A very lengthy discussion was held on
this. To make this account as readable
as possible, the remarks have been sorted into sections according to
subject. An account of this discussion
in “real time” order is available from the city clerk.)
PLANNING
COMMISSION VOTE: Mr. Ferguson said the vote was 7-2 for approval.
PARKING: Mr. Coulter said they thought Subway could be
classed as a retail shop rather than a restaurant because 60% of Subway
business is walk in and walk out, not sit-down restaurant trade. Mr. Poole said it looked like they would be
short 6.3 parking spaces. Mr. Coulter
said if it’s a retail shop it cuts the requirement in half. Mr. Bolling said there will be a low volume
of traffic to Regarding Kitchens.
Twenty-one spaces were allowed; realistically it needs only 5-8 spaces. Mr. Rittman asked when the parking would be
done behind their building. They said
whenever the City requires it. Mr.
Rittman said he personally uses Subway as a restaurant. He’s concerned they’re six spaces short now.
Mrs. Arnold said
they are already short on parking spaces.
Mr. Friedman said what happens if Regarding Kitchens moves; then what
happens? Another business might require
more parking. Mr. Harms said they could
reduce the size of the Subway; then they would be within the guidelines. Mrs. Dusenbery said that would take away
some of the seating. If another business
comes in it would have to come to the City for approval of parking needs. Mrs. Dusenbery asked if there were 42 spaces
in back. The answer was yes. She said if they stay at 900 square feet
they comply with our parking. Then they
do the paving in the back.
Mr. Hutsler said
last November the Board approved the amended plan of the final plat of English
Landing Center. Mr. Hutsler said at the
time the Board approved the amended plan the City staff designated 30 parking spaces
for Lot 3 and 28 spaces for Lot 2. He
said they actually have only 12 behind the building, 12 in front and six in the
middle median, which is actually 30 spaces.
There’s no additional parking in the development. Mr. Ferguson said Mr. Hutsler allocated 42
parking spaces to them (Mr. Coulter, Mr. Bolling and Mr. Harms), and said Mr. Hutsler, speaking before the Planning
Commission, agreed that 42 spaces were allocated to them. Mr. Hutsler said they have only 30
spaces. Mr. Ferguson said then Mr.
Hutsler would have to supply the rest.
Mr. Hutsler said the actual use of the building was approved office and
office/retail. He said they’re going to
allocate 42 spaces once development has built out. Forty-two spaces are what are needed for office and retail. Subway still has 600 square feet on the
bottom floor. They still have to have
parking for the leftover space.
Mr. Ferguson said
Mr. Hutsler agreed to comply fully with the City’s parking requirements when he
came before the Planning Commission. He
noted that English Landing Center is using the City Parking Lot now.
Larry Doughty,
owner of The Olde Mill in English Landing Center, said Subway cannot be classed
as retail space because the Health Department has to inspect it; that
classifies it as a restaurant. Mr.
Poole said we have to consider that.
ROAD: The question
was raised whether a temporary road is needed during construction or a paved
one. Mr. Ferguson said he understood
all was to be done before the occupancy permit was granted. Mr. Rittman said he’d like to see this whole
project tied together. Mr. Harms said
they bought a zero lot line so it’s not like a lot of that is their
responsibility. Most of it is going to
be on joint public property. They don’t
have a problem putting the road in. Mr.
Rittman said in terms of parking spaces they seem to have some kind of
understanding when the rear parking area would be asphalt. The answer was they would comply with staff
requirements. Mr. Hawver said his
original thought was to allow a temporary road, but now he thinks it is time to
go to asphalt. Construction will go on
for a couple more years, so if the road is built
to standards it
would withstand stress. In answer to
when the road would be required, Ms. Devlin said that is up to the Board.
SIGNS: Mr. Coulter said this will not be the
standard Subway with a big sign. There
will be a blue awning. They will comply
with OTD signage restrictions. The
Subway logo will be there, hanging off a wrought iron sign.
SIZE AND LOCATION
OF SUBWAY: Subway would be on the lower
level of the building at 171 English Landing Drive. David Allen, prospective owner and operator, along with his wife,
said they would rather have 1,100 to 1,200 feet, but could make it work with 900. Mr. Harms said there is probably room for
tables outside the building.
Mrs. Dusenbery
said if the City allowed 900 feet and then found the parking was adequate,
would the Allens expand? Mr. Coulter said it would be very difficult
– they’d have to rebuild.
NEED FOR FAST FOOD
PLACE: Mr. Friedman said he eats at Subway and does not have a problem with it,
but he asked why it’s necessary to have one in downtown Parkville. Mr. Coulter said the City doesn’t have a
fast-food place. This fits that
need. He said belonging to a corporate
entity like Subway gives an owner the wherewithal to exist below the
tracks. Mr. Bolling said it’s not
really a chain; it will be small because the owner will be a franchisee. Mr. Harms said because the City does not
have a fast-food place tax dollars are going
out of the city.
TIMETABLE: Mr.
Rittman asked when occupancy would occur if approval was granted. The answer was two months. Mr. Friedman asked if they would still be
laying asphalt in that season. Mr.
Hawver asked how about requiring the asphalt to be laid before December 1st? Mr. Coulter said this building is complete;
they don’t have a problem with that timetable.
COMMENTS: The City
mentioned two letters of opposition to the Subway, one from Kevin Heaton and
the other from Dixie Dunaway, both downtown merchants. Mr. Hawver said in those two letters the
writers say they don’t want franchises in the downtown area. Our city attorney affirmed what Ms. Devlin
said – the City can’t deny a business license on the basis of ownership or that
it’s a franchise.
Mr. Sportsman said
he would like to echo the remarks made a few meetings earlier by Mr. Friedman –
developers are trying to cram too much into this site, and it seems that
parking is going to be a problem. At
some point their justifications for why they should have variances from parking
requirements are going to wear thin.
ALDERMAN RITTMAN
MOVED TO TABLE THE SUBWAY DISCUSSION FOR A SHORT PERIOD AND GO TO THE NEXT
AGENDA ITEM; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.
POLICE CHIEF’S REPORT
Chief Hudson noted
they had the monthly stats in front of them, and also his report. He summarized the report as follows:
Officer
Steve Bagley tendered his resignation effective October 1, 2002.
Detective
Ron Canaday is investigating the recent fire on North Pointe. Results will be made known when they are
available.
Officer
Kris Cornell, an officer with relatively short tenure on the force, has solved
a case involving the theft of two
billfolds and the use of credit cards found in them. Her work shows a lot of initiative and determination, the chief
said.
Crime is at last year’s levels,
which is very good. Proactive
activities by the police are included in this report; they are generally
greater than last year’s.
COMMITTEE REPORTS
CHANNEL 2: No report.
COMMUNITY CENTER: No report.
FARMERS MARKET: Mr. Friedman said it’s slowing down, but
it’s still there, and invited people to go down.
FINANCIAL: Mr. Ferguson said the revised report was enclosed in
packets. There was still one item to be
resolved, but basically the report was ready for acceptance. Income is exceeding projections. Expenses
are within budget.
ALDERMAN RITTMAN MOVED TO APPROVE THE JULY
FINANCIAL REPORT AS SUBMITTED; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION
CARRIED 8-0.
PARKVILLE CHAMBER OF COMMERCE/MAIN STREET: Mrs.
Arnold said Farley State Bank is hosting an after-hours for the Chamber on
Thursday, September 26th, from 5-7.
They will be setting up a tent behind the bank, which is located in the
Parkville Heights Shopping Center.
Everyone is invited.
NATURE SANCTUARY: Mr. McCoy said $350 was donated to the
sanctuary this month. There was a Cub
Scout hike. A new Eagle Scout project
is under way. Family Ghost Night is
scheduled for October 26th; cost is $5 for adults and $3 for
kids. That includes bratwurst
sandwiches, hot dogs, and soft drinks.
Two trails will be decorated, one scarier than the other.
Mr. Friedman said there was a fund-raiser for
Missouri Governor Bob Holden held in Riss Lake at the home of Dominick and
Sherry Armato. The governor expressed
great interest in our Nature Sanctuary and cut short his meeting to go
there. Mr. Friedman and Mrs. Dusenbery
had the pleasure of escorting him on a 20-minute hike through the
sanctuary. He was very impressed, very
personable and interested in the sanctuary.
They went to the Jeannette Robbins Meeting Place and through the rest of
it. The governor had a very good
impression of Parkville as a whole, and of what our volunteers have done. Mrs. Dusenbery added thanks to the Armatos
for making it possible for them to meet the governor.
PARK COMMITTEE: Mr. Poole said this committee will meet
later this month.
PLANNING AND ZONING: Mr. Ferguson said this was a very busy time
for members of the Planning Commission, which met for four hours last
week. They are meeting every month
now.
BILLS AND ORDINANCES
THE NATIONAL 11TH PLAT: Mr.
Ferguson reported that the Planning Commission voted unanimously to recommend
approval of the final plat of The National 11th Plat. Mr. Borchers said they have no problem with
the conditions set forth in the ordinance, and are already moving toward
compliance. Public improvements are now
constructed.
Mrs. Arnold asked if there is a roundabout in
the plan. Mr. Borchers said yes.
ALDERMAN FRIEDMAN MOVED THAT BILL 2054, APPROVING
THE FINAL PLAT OF THE NATIONAL ELEVENTH PLAT, BE APPROVED FOR FIRST
READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2054 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2054 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2036; ALDERMAN POOLE
SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill 2054 was posted 9/13/02.
FINAL PLAT OF REPLAT OF AMENDED PLAT OF
ENGLISH LANDING CENTER: Mr.
Ferguson said the Planning Commission recommended approval subject to
conditions shown on the ordinance.
ALDERMAN FRIEDMAN MOVED TO APPROVE BILL 2055, APPROVING
THE FINAL PLAT OF THE REPLAT OF THE AMENDED PLAT OF ENGLISH LANDING CENTER;
ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.
Mr. Hutsler said they have a plan which has
100% parking. They took off Lot 7 and put it back. They took off Lot 8 and put it back. What they have done now is take the
reception hall off Lot 7 and replace it with a two-story office building. What they would like tonight is full
approval of this plan which keeps both Lots 7 and 8 but designates Lot 7 for
office building use only. Twenty-three
spaces are required.
On the map each lot has a specific use. They have exactly 398 parking spaces. Logan & Associates have been working
very closely with Danielle Devlin. Mrs.
Dusenbery said she saw Lot 6 and Lot 8 were proposed to be office/retail, but
Lot 7 can be used only for offices? Mr.
Hutsler said yes.
Mr. Sportsman noted Mr. Hutsler said 398
spaces; he asked how many are included for 171 English Landing Drive? Mr. Hutsler said those two lots were
approved with 30 spaces but are required to have 42. They gave them 42 parking spaces, which was a hardship for Joint
Sales & Development.
Mr. Sportsman said he would like to have seven
more spots for Lot 3. If they could
identify another seven parking spaces this overall plan would look a lot
better.
Mr. Hutsler said Lots 2 and 3 actually sold as
office/retail building sites. He
said “We have come up with this plan
for Lot 7 so we could come in with 398.
We don’t have any more parking spaces to give anyone for change in
usage. You could turn me down if I come
back for changes in use. If in future
we should acquire land to the back of us we could reasonably come back to you
and ask to change usage. “
Mrs. Dusenbery asked why they were getting
this instead of the Planning Commission.
Mr. Hutsler said at the last
meeting they were short some parking spaces.
He didn’t show the Planning Commission the 100% plan (the new plan he
was showing at this meeting). Mr.
Friedman asked why not. Mrs. Dusenbery
asked again why this plan should not go to the Planning Commission. Mrs. Arnold and Mr. Friedman said they
thought it should go to the Planning Commission.
Mr. Sportsman said that parking had not been
satisfied in this plan. Lot 3 is part
of this problem, part of this development in this area. The parking is for Lot 3 and all the other
lots involved. Mr. Hutsler said the
dilemma is Lot 3 had only 3 spaces.
They (Joint Sales & Development) gave them12 more spaces. He can’t help it if someone comes forward
with different usage. Mr. Sportsman
asked how what they’re doing is different from what he’s asking the City to
do.
Mr. Rittman asked if they could hear from
Logan & Associates.
Mr. Stevens said with Subway coming in that
increases parking by nine. A Subway
with 1500 square feet would increase parking spaces by 15. When you go back and redo it, it is still
five spaces short. He had to decrease
the square footage on one of the buildings.
If you allow the Subway and decrease the space to 900 square feet, we will be over the parking limit that
we’re addressing now by 1.5 or 2, he said.
Mr. Rittman said if we decrease the Subway to
900 square feet, Mr. Hutsler already agreed to a reduction in the size of the
building. So if those two items are
done you could bring it down to the requirement and make this plan work. Mr. Friedman suggested it should go back to
the Planning Commission and have them look at it and it would come back to
us.
Mr. Stevens said he had authority to get rid
of Building 7 or 8 last week but several commissioners kept harping on the
agreement that was made by Mr. Hutsler and he couldn’t get them off that.
Mr. Friedman said if they keep adding
buildings we won’t have access to the property.
Mrs. Dusenbery said the problem is the process
isn’t being followed. It always comes
before us in a different form than that which was reviewed by the Planning
Commission. There has to come a time
where we follow procedures and do things in the correct way. We need to do the full process. She would like to see this go back to the
Planning Commission. Mr. Stevens said
it can go back. Mrs. Dusenbery said
they made an agreement with Mr. Hutsler that he would remove a building.
Mr. Hutsler said Mrs. Dusenbery was exactly
right. The most important thing is 100%
parking. It would be a hardship to wait
another six weeks or two months to come back before this committee. Mr. Friedman said we haven’t had another
developer who has had to come back so many times. You went to the Planning Commission, he said, and they approved
this. Then after they give you the
approval you want you change it again.
Mr. Hutsler said he has to come in compliance with the 100% parking
requirement. They have done that. Mrs. Dusenbery said wonderful, but you’re
going not going through the proper course.
ALDERMAN POOLE MOVED TO SEND THIS MATTER BACK
TO THE PLANNING COMMISSION.
Mr. Stevens asked that they pass it with
Building 7 gone rather than send it back to Planning. Mr. Friedman said then remove Building 7. Mr. Sportsman asked Ms. Devlin if with
Building 7 gone we are now back to what the Planning Commission approved. All things being equal, that’s what the
Planning Commission approved? Ms.
Devlin said that’s correct. It was
approved subject to that condition (removal of Lot 7 or Lot 8). Mr. Rittman said they approved it as a
banquet hall, right? Ms. Devlin said
no, they approved removing Lot 7. Mr.
Sportsman asked where the banquet hall was.
Mr. Rittman said they could come back and amend it.
Mr. Poole asked what happens to Lot 2?
Mr. Hutsler said he agreed with Mr. Stevens,
and would rather go with what the Planning Commission approved last week.
Mr. Rittman asked the rationale for a 40' road
easement right-of-way. He asked if they
could live with a 30' easement instead of a 40' one. That would give approximately another 35 spaces. Ms. Devlin said she didn’t want to answer
for the public works director. Asking
for 40' would be a reduction from 50'.
If this is done that area would be needed by the developer who purchases
property to the west.
Mr. Ferguson asked Mr. Stevens if they change
the easement to 30’, does that free up more parking spaces? Mr. Stevens said yes, and they could still
get the road in. Mr. Ferguson asked if
that change would accommodate The Subway.
The answer was no. Discussion of
a 30' easement ensued. Ms. Devlin
reiterated that she couldn’t speak for the public works director. Mr. Rittman asked if they could rework the
parking spaces and pick up another 4-5 spaces and still be in compliance?
Mr. Stevens said if I have to go in and change
the square footage ...
Mr. Rittman asked if they could we get a
solution that night with the deletion of all of Lot 7 and a 30' easement. They could come back to the Planning
Commission another time about parking spaces.
Mrs. Arnold asked how the Planning Commission
would feel about that. Mrs. Dusenbery
said we still don’t know what the public works director would say. Mr. Hawver said he didn’t think that’s a
problem. It does make sense not to go
through the required parking. Mr.
Ferguson said they would still have to approve that. Mr. Sportsman said we’re borrowing 25 spaces from a future
development. Mr. Ferguson said they’re
probably going to have another access off FF if they develop anyway.
ALDERMAN POOLE WITHDREW HIS MOTION TO SEND
THIS BACK TO THE PLANNING COMMISSION.
Mr. Doughty asked what is the status then with
The Olde Mill about paving the parking lot behind his building. Does that come with occupancy of the
building next to them?
Ms. Devlin said the agreement was that
buildings would have temporary occupancy.
Lot 3 is paved in the rear.
Mr. Doughty said so you’re coming back with
asphalt, rock and then more asphalt? He
said he had a concern with the rock coming back on asphalt. He has a wedding Saturday night. This should have been addressed a long time ago. Mr. Hawver said he thought Mr. Hutsler was
ready to pave when the owners of Lot 3 pave.
They agreed to do it before December 1st.
Mr. Doughty said then it will be asphalt all
the way? He has lost a ton of parking
spaces with the Japanese Steak House.
It is a disaster down there. He
asked about the storage space still on the plat for 171 English Landing
Drive. He asked if that could be rented
for commercial use? Ms. Devlin said no,
that type of use is prohibited in the Old Town District. Mr. Doughty said then there can’t be people
coming behind The Olde Mill to do commercial storage? A tenant only? Ms. Devlin
said yes.
ALDERMAN FRIEDMAN MOVED TO AMEND HIS MOTION TO
APPROVE BILL 2055, APPROVING THE
FINAL PLAT OF THE REPLAT OF THE AMENDED PLAT OF ENGLISH LANDING CENTER, TO
INCLUDE THE FOLLOWING CONDITIONS: (1) REMOVE LOT 7, AND (2) NOTE PRESERVATION
OF 30' AREA ALONG THE SOUTHERN BOUNDARY.
Mr. Ferguson asked Mr. Stevens to come up to
the Board and identify the plat he presented that night (these identification
numbers were added to the ordinance).
Ms. Devlin asked Mr. Stevens if he would redo the plat as agreed; he
said yes.
ALDERMAN POOLE SECONDED; ALL AYE; MOTION
CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2055 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2055 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2037; ALDERMAN POOLE
SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill 2055 was posted 9/13/02.
ALDERMAN FRIEDMAN MOVED THAT BILL 2056, REZONING
TO R-2 THAT PORTION OF RISS LAKE WHICH HAD BEEN APPROVED ON THE COMMUNITY UNIT
PLAN AS B-1; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2056 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2056 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2038; ALDERMAN POOLE
SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill 2056 was posted 9/13/02.
ALDERMAN FRIEDMAN MOVED THAT BILL 2057, REZONING
PROPERTY AT NW 66TH ST AND BRINK-MEYER ROAD, FROM COUNTY ZONING TO
R-3, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE;
MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2057 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2057 BE APPROVED
ON SECOND READING TO BECOME ORDINANCE 2039; ALDERMAN POOLE SECONDED; ALL
AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill 2057 was posted 9/13/02.
ALDERMAN RITTMAN MOVED TO REMOVE FROM THE
TABLE THE PROPOSAL TO APPROVE A SUBWAY SANDWICH SHOP AT 171 ENGLISH LANDING
DRIVE; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
Mr. Ferguson noted the change was recommended
for approval by the Planning Commission 7-2 and does not require an ordinance,
only approval by the Board of Aldermen.
ALDERMAN POOLE MOVED THAT APPROVAL BE GIVEN TO
THE OWNERS OF 171 ENGLISH LANDING DRIVE TO CHANGE THE USAGE OF THE BUILDING TO
INCLUDE A SUBWAY SANDWICH SHOP OF 900 SQUARE FEET AS DISCUSSED THAT NIGHT,
INCLUDING THE PROVISION FOR ASPHALT PAVING BEFORE DECEMBER 1st, AND
WITH A REQUIREMENT THAT A CERTIFICATE OF OCCUPANCY BE ISSUED BY THAT DATE;
ALDERMAN RITTMAN SECONDED.
Mr. Tinsley said they have no problem with
Subway. All he asked was that when
they came back in here (before the Board) because they’re giving up a building
lot, and they’re giving it up so Subway can have more parking spaces ...
Mr. Ferguson said no, that’s not true. You gave up a building lot to avoid going
back to the Planning Commission.
Mr. Tinsley said “So we don’t have to provide
their parking.” Mr. Ferguson said only
the 42 spaces that you committed to them.
Mr. Tinsley said they have jumped over hoops. He didn’t mind. When they
come back they’ll want to do something with that second lot. Mr. Ferguson said if you have the parking
places you can. Mr. Sportsman said they
appreciated Mr. Tinsley’s comments.
Mr. Williams said he agreed with the City that
parking is a big problem. Restaurants
are the businesses that get the bulk, but he thinks the City was a little at
fault when they allowed owners of Lot 3 to go to the Planning Commission when
at that particular time they had approval for 30 parking spaces.
Mr. Hawver said that’s not true. The preliminary plat from Joint Sales &
Development (which included the lots later sold to Mr. Harms, Mr. Bolling and
Mr. Coulter) was entirely conceptual and did not indicate parking spaces.
Mr. Williams said the new plan was never
approved until tonight. He thought the
City was a little premature in reviewing the plan for 171 English Landing
Drive. Mr. Sportsman said he thought
they went to the Planning Commission.
Mr. Williams said the new owner never approached them about buying
spaces. Now they (JS&D) have to
provide 12 more spaces.
Mrs. Dusenbery asked if, from now on, they
could have the minutes of Planning Commission meetings in which matters being
brought before the Board were discussed.
Mr. Williams said they agreed they would
forfeit a lot on a temporary basis. Mr.
Friedman said nobody said on a temporary basis. Mr. Williams said you can play with words but they’re out a
lot. Mr. Poole said they offered to
send the matter back to the Planning Commission. Mr. Hutsler didn’t want it sent back. Mr. Williams said paving behind the Olde Mill is supposed to be
done at the same time as the other building.
It’s just a matter of the other owners.
Mrs. Dusenbery said the situation there was
that they were not following the process.
That’s what they were trying to get resolved.
Mr. Williams said they didn’t have this
problem a year or so ago.
Mr. Coulter said his understanding is that for
a planned district you all have the option to adjust the number of parking
spaces. That option allowed the
Japanese Steak House to put the banquet room on top. He suggested the City could allow the Subway to have 1,200 square
feet or more. Business cycles during
the day. The Board does have the right
to do that.
Mr. Bolling said if you look at the
development as a whole for parking spaces, one parking space doesn’t belong to
a specific place. Mr. Ferguson agreed
people will park where there’s an empty space.
Mr. Bolling said office users are not going to park there during the
evening. Retail will be gone. Mrs. Dusenbery asked won’t the Japanese
Steak House and Subway use more parking spaces at night?
Mr. Rittman said one of the reasons why a
particular restaurant up there failed was because there were very few parking
spaces and then another place came in and took their parking spaces. What we’re trying to do here, he said, is to
provide a minimum guide. Everyone in
this room has a vested interest in the success of these businesses. We appreciate what you’re all trying to do,
he said.
Mr. Bolling said one of the sites approved is
a banquet facility. Mr. Ferguson said
that was eliminated.
Mr. Hutsler said it’s a matter of record. You
have approved the final plat tonight.
He asked everyone to refer to the Zoning Code, Section 460.030, Joint
Use and Off- Site Facilities. Ms.
Devlin informed the Planning Commission that they were required to have 100%
parking. They did actual due
diligence. Section 460.030 was
completely ignored by City staff. Mr.
Ferguson said they all knew they were going to be completely full down there
(at English Landing Center). Mr.
Hutsler said they do have mixed-use occupancy in place. That was overlooked by City staff and not
recommended by City staff.
Mr. Rittman said they had a motion on the
floor.
Mr. Ferguson said what Mr. Hutsler was saying
referred to decisions which are made at the discretion of the Board. They could allow additional parking spaces,
but the Planning Commission said they recommended compliance in full with the
parking requirements of the City.
Ms. Devlin said it is a planned district; the
Board does have discretion.
ALL AYE; MOTION CARRIED 8-0.
Mr. Friedman said a mistake was made a while
back when they allowed a development of this size to be built below the tracks
in a place with minimum access. He
thought we were just about full south of the tracks. They are getting over-developed down there. It is a problem to residents and
others. Any additional development
should have to find another way to get in and out of there. He is not against business and he supports
downtown, and shops there all the time, but there comes a point when we become
inundated.
Mr. Sportsman said that’s why we have a
Planning Commission, to look at the big picture.
Mr. Friedman said he feels the old town has to
be protected.
Mrs. Dusenbery asked for Planning Commission
minutes in packets or at least on meeting nights. Mr. Hawver said that will be done, but they might be in draft
form. Mrs. Dusenbery said that’s
fine.
Mr. Rittman welcomed the new owners of The
Subway, the Allens.
CONTRACTS AND AGREEMENTS
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 64, A
CONTRACT WITH CLAYCO ELECTRIC FOR REPLACEMENT OF CONTROLS AT THE McAFEE PUMP
SITE, BE APPROVED FOR FIRST
READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 64 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 64 BE
APPROVED ON FIRST READING TO BECOME ORDINANCE C/A 64; ALDERMAN POOLE SECONDED;
ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill C/A 64 was posted 9/13/02.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 65, AN
AGREEMENT WITH PLATTE COUNTY FOR ESTABLISHMENT AND MAINTENANCE OF A TRAIL
SYSTEM, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION
CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 65 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 65 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 65; ALDERMAN POOLE
SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill C/A 65 was posted 9/13/02.
Mr. McCoy asked why this agreement showed only
what the City had to pay to the County; Mr. Hawver said because the County is
liable to MoDOT for the full amount.
Mr. Sportsman said it would be nice to have a map of the trail. Ms. Devlin said she has copies in her
office. Mr. Hawver said the median is
coming along. Ed Gault has been mowing
it. He is going to put fertilizer on
it. Next year it will be pretty
nice. We have a good landscaping crew.
ACCOUNTS PAYABLE
ALDERMAN FRIEDMAN MOVED THAT BILL A-702, TO
PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE
SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL A-702 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL A-702 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE A-702; ALDERMAN POOLE SECONDED;
ALL AYE; MOTION CARRIED.
Bill A-702 was posted 9/13/02.
Mayor Pro Tem Ferguson asked if there was other
business to come before the Board.
PGA SENIOR GOLF TOURNAMENT 2003. Mr. Friedman said Mayor Kutz, Mr. McCoy, Mr.
Sportsman and he attended an event at The National the previous week. It was to announce that the PGA Senior Golf
Tournament would be held at The National in Parkville next year. This will be a big event bringing thousands
of people to town. Mr. Friedman
suggested the City start getting ready for it.
A TASTE OF PARKVILLE. Mrs.
Arnold said Mary Bolling and Gale Bay should be thanked for the great job they
did with this event. There was a lot of
good comment, the restaurants who participated were happy, the Park Hill South
Jazz Band played, and everyone had a good time. Mr. Friedman agreed, saying there were probably 250 people
there. He hopes they make it an annual
event. It was affirmed that it would
be.
SUBWAY SANDWICH SHOP. Mr.
Sportsman said if there is any way to be found to allow Subway to have larger
quarters we should do it. He agreed
with Mr. Rittman that a new business needs all the help it can get. Mr. Ferguson said all we’d have to do is
give a variance. In the Planning
Commission meeting, Ron Ortiz made a motion and the Planning Commission voted
7-2 to approve the plan as submitted.
It needs 49 parking spaces. We
can do anything we want, he said. Mr.
Friedman said they barely have 42 spaces.
Mr. Ferguson said that’s right, but they can
change it if they want. Mrs. Dusenbery
said she didn’t hear them say they couldn’t do it with 900 square feet. Mr. Friedman said that would open up a large
can of worms. Mr. Sportsman said he
appreciated their comments. Mr.
Friedman said to find out how many square feet are in Picture Hills
Subway. It is jam-packed and they do a
marvelous business. Mr. Sportsman said
Mr. Hutsler asked what are they going to do with the other 600 square
feet. Mr. Ferguson said we gave special
uses to Mr. Hutsler many times.
ALDERMAN SPORTSMAN MOVED TO ADJOURN; ALDERMAN
DUSENBERY SECONDED; ALL AYE; MOTION CARRIED.
The meeting was adjourned at 9:50 p.m.
Submitted by ___________________________________
City
Clerk Barbara J. Lance - 9/24/02