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March 19, 2008
EDWARDSVILLE PLANNING COMMISSION
EDWARDSVILLE CITY HALL COUNCIL CHAMBERS
690 SOUTH 4TH STREET P O BOX 13738
EDWARDSVILLE, KANSAS 66113
March 19, 2008
Members Present: Bryan Smith, Tim Sweeten, Gerald Pappert and Robert Craven.
Members Absent:, Kelli Curry, Jeff Martinique, and Woody Berry.
Regular Meeting
The meeting was called to order by Tim Sweeten acting as Chairman in the absence of Jeff Martinique.
Secretary’s Report: February 20, 2008
Motion to approve the Secretary’s Report was made by Commissioner Robert Craven. Commissioner Gerald Pappert seconded the motion.
The motion carried 4-0.
Public Hearing
Conduct a public hearing to consider an application for Special Use. Applicant: George Anderson, 108 S. 102nd Street to allow a two year “temporary special use” of referenced property to use for a trucking business.
The public hearing was called to order by Chairman Tim Sweeten.
Presentation by:
There was no one present to provide a presentation on behalf of the applicant.
Staff report:
Dan Van Petten, City Planner (See attached Item A)
Comments from the public:
Winifred Anderson, 21 South 102nd Street, Son of Owner. I think we have been here for 32 years. We have probably had a trucking business and a license for about 25 years. There is no fuel storage on site.
Tim Sweeten: Do you understand what Dan is asking for and could you get that done in the next 90 days?
Winifred Anderson: Yes.
Tim Sweeten: So is it six months from the date of issuance that the completed information is due?
Dan Van Petten: Yes, about three months from now. It was December 7th when the letter was sent out.
Gerald Pappert: At that time they were issued a temporary permit?
Dan Van Petten: I believe this is a two step process. The first step is complying with the application exactly what the plan is for their property and their business. They are working on a temporary business license. At the time June rolls around we give them a two year special use permit to allow them to transition their business or bring it into compliance.
Tim Sweeten: The key is having a completed application with all the bullet points addressed that the city planner has stated. Do you have all of Dan’s comments?
Winifred Anderson: No, I will have to get a copy.
Tim Sweeten: So the due date for the completed application is June 9, 2008? What happens if the application is not complete? The temporary use is expired, and then what happens.
Dan Van Petten: Failure to submit the required application will result in fines, penalties and/or imprisonment. So it would be a violation of the zoning ordinance.
Robert Craven: Do you have any comments regarding the staff report or the ordinance
Winifred Aderson: I figured if you had a current business license for years, if I wasn’t mistaken. I figured you were grandfathered.
Dan Van Petten: The principal of the existing non-conforming use, commonly known as the grandfather clause, has to do with specifically what we had at the time that the zoning ordinance was passed, that was 1978. Thirty years ago, we were all a lot younger then. I believe that could have continued. But it is the expansions as the business grew.
Winifred Anderson: I think we kinda went through that phase in 2000 when we were trying to put a building at 21 South. If I’m not mistaken, I think at that particular time, the city knew what we had up there. And nothing has changed since then, nothing but a building.
John Broman, 1400 S 104th Street, These gentlemen have been in business for thirty years, only this new reigning council, that we have sitting in here, set our foot to bring this to our consideration. If nothing else, it should have been allowed to have this grandfathered in. This is the fault of that council and the administration for not properly enforcing codes. They have seen fit to accept their licenses every year and now they say, “I’m sorry you can’t do business in Edwardsville anymore”, it is totally ridiculous, and I will be making the same statement for the next four people.
Roseanne Gortenburg, 134 S 102nd Street, I live directly next to the property. I am the person most affected by their business. And I have no problem with it whatsoever. They are totally conscientious. It is very quiet. It doesn’t haven’t any negative impact on my life and they’re such great members in the community. I agree with the previous speaker to try and force them out is very short sighted.
Robert Craven: You mentioned something about a building that was built in 2000, what was the size of the building.
Winifred Anderson: Yes, it was to keep maintenance up on our trucks. It is a three bay, 60x80.
Robert Craven: Did you get permission to build it, and was it inspected?
Gerald Pappert: It was turned down wasn’t it?
Winifred Anderson: It was turned down at the address of 21 South which is just to the east of the property it is built on now. If you were to drive by you would probably never know it was there.
Gerald Pappert: I also was of the belief of the possibility of a grandfather clause. And I tend to agree with Mr. Anderson.
Winifred Anderson: It hasn’t been easy for any trucking business in town it is tough. I’m sure everybody sees the prices of fuel and all we are trying to do is run an honest business. If we are forced out of where we are at now, chances are we won’t be in business. It is real simple.
Perry Parks, 1920 S 98th Street, I’m kinda in the trucking business too. They employ a lot of people in this area. Everyone in here has to take care of their family. If you try to down a man who is trying to do his business, it is a shame to be as old as we are and act the way we are. I have been in Edwardsville since 1972 and I have been seeing some stuff that I thought I would never see out of the people here.
The public hearing was closed by Chairman Tim Sweeten.
Public Hearing
Conduct a public hearing to consider an application for Special Use. Applicants: John & Pamela Frazey, 10435 Riverview to allow a two year “temporary special use” of referenced property to use for a home office and storage of equipment for trucking company.
The public hearing was called to order by Chairman Tim Sweeten.
Presentation by:
There was no one present to provide a presentation on behalf of the applicant.
Staff report:
Dan Van Petten, City Planner (See attached Item B)
Comments from the public:
John Frazey, 10435 Riverview. Due to the location where we are at, there is probably a good chance that we will not be there in two years.
Tim Sweeten: You understand what we are looking for on your application and you can make that by the 9th of June?
John Frazey: Yes we can.
Sue Adams, 10429 Riverview. We live right next door to the Frazey’s and there again we are probably the most affected by their business. They keep their property clean, neat. If you did not know they had a trucking company by the road you would not know it was there. It does not bother us at all. I just wanted to make that clear.
John Broman: This is a company that the city has decided to do business with, they do plowing for the last couple of years. I hope this commission passes their recommendations back to the council about what is going on here. Why have they decided all of the sudden to pick on these four businesses, when there hasn’t been any public uproar, even if they are out of compliance? There are other things they could be spending time on. The grandfather clause should be considered here.
Gerald Pappert: I would like to make the same point on the grandfather clause.
Also a point was made at the last meeting regarding the casino if it were to be brought in. One of my fellow committee members asked if there would be any problem with the idling of diesel trucks during the middle of the night. If they are going to widen the streets, I don’t see how one more truck would make a difference, referring to Mr. Frazey’s location.
Winifred Anderson: I would like to speak on behalf of Mr. Frazey. He is a real tidy person with his trucking business. I wish I could do the same. He is a good person not only as a personal friend, but also, he is a good business person too.
One thing I would like to say to everyone in this room: If you stop trucks, any trucks, this whole country would be paralyzed. If we build a house, you have to have a truck to get the machine there to dig your basement, have to have rock and gravel, asphalt roads, and sewer. The first thing they do when they build a housing development, they put up no truck signs. It is not fair how trucking businesses are treated.
The public hearing was closed by Chairman Tim Sweeten.
Public Hearing
Conduct a public hearing to consider an application for Special Use. Applicant: Terry Loftis, 1621 S. 104th Street to allow a “temporary special use” of referenced property to use for parking vehicles and equipment.
The public meeting was called to order by Chairman Tim Sweeten.
Presentation by:
There was no one present to provide a presentation on behalf of the applicant.
Staff Report:
Dan Van Petten, City Planner (See attached Item C)
Public Comments:
Terry Loftis, 1621 South 104th Street. The two red tanks you are talking about are gone. There is one small 500 gallon tank there now. In 2000 when I bought that property it was nothing but a thicket. I opened a business in 2001. I paid for my business license every year like everybody else does. If I was doing something wrong, I think I would have heard about it then. I don’t believe I’m impeding on anybody, or breaking any rules or laws or hurting anyone. I don’t do any major work there on anything. In matter of fact, I just down sized four pieces of equipment. If I down size will that leave me room to go back to that size? When you say no further expansion? I don’t know what temporary use permit means other than the fact that you state you are giving me two years if everything is complied with and in another two years I have to get out or in another two years you will issue another temporary use permit and it will be X amount of dollars.
Tim Sweeten: That is the intent we are in a growing community. We can’t let this type of thing go unchecked of people doing this kinda of business in mostly residential and just keep expanding them. It’s got to be brought under control. We want to hear and see your application and your business plan. We don’t want you out of business. We don’t want businesses put in subdivisions or right next to our schools. So there are issues with them and we want to work with you.
John Broman: I officially moved up from Mr. Loftis’ house. He has even put up a fence up to block all the view of his trucking business. He has been in business since 2001. I’ve talked to him at his house before. I can see the point of the city curtailing this, but I think their curtailing should have started long ago. I don’t think that the lack of the governing body to enforce code enforcement in the past should now penalize these businesses. They should be grandfathered in. Four companies operating in Edwardsville is not a detriment to the city.
Gerald Pappert: I agree with Mr. Broman. It is like the age old question, which came first, the trucking business or the housing development? It is food for thought.
Public Hearing was closed by Chairman Sweeten.
Public Hearing
Conduct a public hearing to consider a application for Special Use. Applicant: Perry Parks, Sr., 1920 S. 98th Street to allow a “temporary special use: of referenced property to use for a trucking company.
The public hearing was called to order by Chairman Tim Sweeten.
Presentation by:
There was no one present to provide a presentation on behalf of the applicant.
Staff report:
Dan Van Petten, City Planner (See attached Item D)
Comments from the public:
Perry Parks, 1920 S. 98th Street. This is my wife, Sandra Parks, 1920 S. 98th Street. These guys work for people. I work for myself. I sell retaining wall and rock. Two years ago, we were down on that hill at 102nd right across from the light. A lot of the rock you see there, it came from that hill. I was told by the City of Edwardsville, we could use a lot of this rock when we build the boat ramp. So instead of leaving it there, I took it to my place. I know I need to do something with it. I’ve gotten behind, because my help has left me. All this time I have been helping this city, it really upsets me. I feel like I’ve been treated unfair. There are other people with businesses and they have little trucks why aren’t they being penalized?
Tim Sweeten: We are here because rules have been broken for years and years and now we are trying to correct it, come down to a path we can all agree on. We aren’t saying, “Perry, pack up and leave. We are saying explain to us how you can make this better?”
Perry Parks: I’m going to clean it up. I’m getting old and if they buy me out, I’ll be gone a lot sooner.
Tim Sweeten: You need to put pen to paper and give us a plan. We are going to listen to your plan and we are really going to try to work with you on your plan. We are trying to better the community for everyone. We are not trying to be hard on Perry Parks. I think you are a great citizen for our community and I think you are a hard working guy and we are not out to get you. We just want to make the city better for every body. You fall into the same bucket as the other three businesses, you are a noncompliant deal and we are trying to correct it. Nobody is out to get you at all.
Perry Parks: I’ve been paying for a business license since 1997. It started out as $50 and then they couldn’t decide what it was. Then it went to a $100, then it went up to $200 and now this year it is $100. They aren’t following the rules, they are just picking what they want to pick. Listen to me, you are the people putting down the rules to us, and then you don’t follow the rules.
Sandra Parks: In comment to the Parks and Sons Trucking business, it has been in operation since 1997. These companies have been cited for not being in compliance, but really the administration before us should be cited. I was on the Planning Commission and it meets on a regular basis. So why now are these businesses being penalized for noncompliance.
Tim Sweeten: Keep in mind, that the Planning Commission does not go out and cite businesses or people. I think you have a very good argument. You need to put all of this information into your application so that it can be considered for your specific business.
Sandra Parks: Regarding the water permit, we have had to take things into our own hands so that our property did not float away. We are still having water problems and we have not received assistance from the city.
Perry Parks: A man moves in next to us and I had a situation trying to farm. Jack Peters comes by and says we had a complaint about the smell of your hogs. I just wonder didn’t the man know I had hogs before he built his house? I was farming. I couldn’t do that. I couldn’t have cattle. Now I can’t have rocks. I’m going to clean my rocks up.
John Broman: Perry Parks was gracious enough to donate rock and time to the city when we were trying to build the boat ramp. The city uses them and then abuses them. It is not just the last administration it is every other administration that has not enforced codes. Due to that fact, I hope you guys will go back to the council and try to get these four businesses grandfathered in. Let’s not just start picking on these gentlemen.
Gerald Pappert: Again, I am agreement with Mr. Broman.
Robert Craven: I am very sympathetic with the plight of these four truckers. I hope there can be some type of give and take on it. On the other hand, anything you do, even if you are R-1, there are going to be perimeters. You just can’t go all out and expand, expand, expand. There are going to be limitations on everything you do.
The public hearing was closed by Chairman Tim Sweeten.
Public Hearing
Conduct a public hearing to consider a Re-Plat of Mid-Point Corporate Centre, Lots 1 and 2, 2625 and 2617 Midpoint Drive. Preliminary and Final Plat.
The public hearing was called to order by Chairman Tim Sweeten.
Presentation by:
There was no one present to provide a presentation on behalf of the applicant.
Staff report:
Dan Van Petten, City Planner. I did meet with the applicant and discussed at length the preliminary plat and a final plat. He has made all the changes that the city planner and engineer required of the preliminary plat and final plat. For Mid-Point Corporate Centre 4th Plat which is a re-plat of Lots 1 and 2 of Mid-Point Corporate Centre in Edwardsville, Wyandotte County, Kansas. We have a preliminary plat and a final plat both are in compliance with existing zoning regulations and subdivision regulations regarding submittal of plats for the City of Edwardsville.
Tim Sweeten: On the re-submittal, was everything acknowledged and corrected or was there any items left over or in a gray area?
Dan Van Petten: There were none from the planning review. The applicant has amended the plats, line by line. The second one had just come in and it was brought right over. The landscaping and the parking have all been brought up to code.
Comments from the public:
Joel Riggs, Peridian Group Inc., 265 North Stone Creek Drive, Gardner, Kansas. I represent the applicant, Tricor Development out of Florida and our tenant Okonite Distribution. We are presenting a 80,000 square foot warehouse project. My tenant and client are anxious to move forward. We feel very confident that this will be a great addition to the existing business center. We would be very happy to answer any questions that you have.
Tim Sweeten: I’m just curious, the tenant, what do they do?
Joel Riggs: Okonite is a manufacture of copper wire. They do require some security for their property. They have a local sales office in Overland Park, Kansas. This will be a distribution center for Okonite.
The public hearing was closed by Chairman Tim Sweeten.
New Business
Election of Officers
Motion made to table the election of officers by Commissioner Brian Smith; seconded by Commissioner Gerald Pappert.
Motion carried 4-0.
Consider application for “temporary special use” Applicant: George Anderson, 108 S. 102nd Street
Motion made by Commissioner Brian Smith to recommend for consideration the application process of the Special Use permit for George Anderson with the conditions met by the Staff Report by June 9, 2008; seconded by Commissioner Tim Sweeten.
Motion carried 4-0.
Consider application for “temporary special use” Applicant: John & Pamela Frazey, 10435 Riverview
Motion made by Brian Smith to consider the Special Use Permit for a period not exceeding two years for John and Pamela Frazey with the stipulations provided in the Staff Report; seconded by Commissioner Gerald Pappert.
Motion carried 4-0.
Consider application for temporary special use: Applicant: Terry Loftis, 1621 S. 104th Street
A motion was made by Commissioner Brian Smith to consider the application for a Special Use Permit for Terry Loftis with the stipulations provided in the Staff Report; seconded by Commissioner Gerald Pappert.
Motion carried 4-0.
Consider application for “temporary special use” Applicant: Perry Parks, Sr., 1920 S. 98th Street
A motion was made by Commissioner Brian Smith to consider the application for a Special Use Permit for Perry Parks with the stipulations provided in the Staff Report; seconded by Commissioner Robert Craven.
Motion carried 4-0.
Consider application for Re-Plat of Mid-Point Corporate Centre, Lots 1 and 2, 2625 and 2617 Mid-point Drive. Preliminary and Final Plat.
A motion was made by Chairman Tim Sweeten to approve the Preliminary and Final Re-plat of Mid-Point Corporate Centre, Lots 1 and 2, 2625 and 2617 Midpoint Drive,; seconded by Commissioner Gerald Pappert.
Motion carried 4-0.
Old Business
Re-Plat of Plaza West, located in the 10900 block of Kaw Drive, to amend the plat from 4 lots to 6 lots
A motion was made by Commissioner Brian Smith to table the Re-plat of Plaza West, located in the 10900 block of Kaw Drive until the April 16, 2008 Planning Commission meeting; seconded by Commissioner Robert Craven.
Motion carried 4-0.
Lot-Split application, Herb & Rita Tiner, 1515 S. 102nd Street.
Staff report:
Dan Van Petten, City Planner (See attached Item E)
A motion was made by Commissioner Brian Smith to approve the Lot-Split application, Herb & Rita Tiner, 1515 S. 102nd Street; seconded by Commissioner Gerald Pappert.
Motion carried 4-0.
Items from the Floor
There were no items from the floor.
Items from the Staff
There were no items from the staff.
Items from the Planning Commission
Chairman Tim Sweeten liked the idea of performing a survey that was proposed during the work session.
Commissioner Brian Smith thought we should have an additional two hour or more session with Brent Miles, WDI to discuss the Comprehensive Plan, Land Use Plan and Traffic Plan to understand the process. Commissioner Brian Smith recommended coordinating with the City Council and other city staff and leadership to participate in a Saturday half-day seminar to include lunch. A target date of June 7, 2008 was proposed.
The Planning Commission asked the secretary to pass this information onto the City Council.
Adjournment
A motion was made by Chairman Tim Sweeten to adjourn the meeting at 8:45pm; seconded by Commissioner Gerald Pappert.
Motion carried 4-0.
The next regularly scheduled meeting is April 16, 2008.
Respectfully submitted,
Michelle Bounds
Cemetery Board Meeting
