1 MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF AIRPORT DRIVE, MISSOURI A regular meeting of the Board of Trustees of the Village of Airport Drive, Missouri was held November 20, 2014 at the Village Municipal Building. Chairman Paul Surgi called the Board of Trustees to order at 7:00 p.m. Members present were Mark Rains, Franklin Stine, Larry Allison, and James Paul. Village Clerk, Janie Liles was present to take the minutes. Deputy Village Clerk, Sue Hirshey, Village Attorney, Chuck Brown, Village Engineer, Jerald Norton, Sergeant Melissa Roughton and Deputy Paul Soole were also present. Attorney Brown gave the invocation. All present gave the Pledge of Allegiance. MINUTES Minutes of the Board of Trustees meeting held on October 23, 2014, were discussed. Trustee Allison motioned to approve the minutes previously provided. Trustee Rains seconded the motion. Motion passed unanimously. TREASURERS REPORT Clerk Liles presented the Treasurers Report: Board was provided Balance Sheet by Fund, Cash Receipts Control Report, Combined Check Register; Accounts Payable Control Report, Payroll Calculation Report, Current Statement of Revenues and Expenses, Recap of Sales Tax Year to Date, Open Building Permits in Process and Open Variance/Zoning Deposits. Trustee Rains motioned to approve the Treasurers report and to pay bills. Trustee Allison seconded the motion. Motion passed unanimously. PUBLIC HEARING Attorney Brown introduced request for zoning change from District R-1, Single Family Residential, and District C-3PD Planned Shopping Center District to District C-2PD, General Commercial, Planned Development, and a request for approval of Preliminary Development Plan for Wal-Mart Neighborhood Market all generally located at 25145 Demott Drive. All present were reminded of meeting etiquette and to provide name and address prior to speaking. All records from the Zoning Commission meeting, 2010 Comprehensive Plan, and Chapter 400 of Airport Drive Code became part of meeting. Having previously reviewed protest petitions from property owners Nowlin and Brandon and receiving no other written protest petitions, Attorney reported less than 30% of the affected property owners, by square footage, filed a written protest. Accordingly, the 2/3rds majority requirement of Section 400.060.9 was not triggered, and a simple majority of the Board of Trustees will be required to adopt a zoning change for the property. Christine Bushyhead, MKL PC, 2600 Grand, Suite 440, Kansas City, Missouri 64108, Council for Wal-Mart stated the plans as presented today meet Zoning Commission finding to comply with long range planning. The property is adjacent to hard commercial with existing traffic. Nearly half of proposed site is already zoned C-3. The land is suitable for commercial use; it is on the highway and unattractive for residential development. There is a significant buffer in the plan with 60 feet of wooded area between residential and commercial zones. Cross access sidewalks are acceptable to Wal-Mart for access to both Mercy and Stones Corner Plaza properties. Fencing the detention area is ok. Traffic designs are by Missouri Department of Transportation (MoDoT), and patterns will develop on their own. Wal-Mart would not change traffic plans at this time. Water service from Missouri American Water Company is being planned. Regarding crime and security, state of the art security system cameras will be 2/16/2016 2 utilized in the store and on the parking lot. Wal-Mart wants a comfortable shopping experience for their customers. Per Jasper County Sheriff’s Office, Harps Food Store listed 115 total calls in the recent 20 months with nearly a quarter of the calls for well-being checks. Store managers seek a safe experience for customers. Addressing the Comprehensive Plan as a guide to the future, it appears commercial activity is promoted and designated along both highways. Rick Rohlfing, PE/PLS/CPESC, BFA, Inc., 103 Elm Street, Washington, Missouri 63090 stated the proposed site is 6.7 acres of which 48% is already zoned C-3PD. Two access points have been approved by MoDoT along Demott Drive. Trucks will utilize both entrances. Plans include a 24 hour market just like one on Seventh Street in Joplin. A 740 square foot gas station open from 6:00 a.m. to midnight is also planned. Addressed Engineer Norton’s requests for Erosion and Sediment Control Plan, Preliminary Traffic Study, and Proposed Signage Information. Parking space size of 9.5’ x 19’ is less than code requirement but negotiable. A portion of the sanitary sewer line is to be rerouted to standard. Screening and landscaping will be irrigated. Twenty three existing trees along the south and west will be saved. Screening fence of wood or vinyl and 6’ or 8’ would be considered. Storm water calculations submitted and approved by Engineer Norton. Shared water detention on the northeast is the same as approved for Mercy and shared with Mercy. Pending approval the schedule is to open bids in February, 2015 and have a grand opening in October-November, 2015. Christine Bushyhead noted sales tax revenue projection is $250,000 in new sales tax in year one. Respectfully requested approval of application and plan and introduced two local store managers Steve Hoag, 1600 E Seventh Street, Joplin, Missouri 64801 and Henry Wallace, 1113 Wilson St, Webb City, Missouri 64870. Steve Hoag, Wal-Mart Store Manager with 95-100 employees described state of the art parking lot lighting, sharing 60-70 grants supporting neighborhood schools and projects, providing numerous field trip tours to local students, and promotion of 38 products in the store which are distributed by Missouri owned companies. Mr. Hoag reported no crime at his store and no noise complaints. Henry Wallace, Wal-Mart Store Manager with 365 employees commented on supporting the community via the Chamber of Commerce, Rotary Club, and MSSU functions. His store has a privacy fence for neighbors and a maintained landscape. Trustee Stine asked how his store supported the community. Mr. Wallace included recipients are also churches and the Boy Scouts, and non-grant lessor amounts are honored locally. Hoag added grant applications are online and store managers make the approvals. Store managers may also reach out to education programs like Bright Futures and align customers with applicants. Lana Nelson, 25459 Tabor Main Road, commented on lot split (versus Planned Development). Steve Cottrell, 2187 W. Oak, Carthage, Missouri representing his mother Phyllis Cottrell, 25145 Demott Drive, stated Wal-Mart is a good, clean, family oriented American business which caters to women, children and retired folks. Terry Myers, 25390 Leffen Lane, asked if the Traffic Report had been reviewed. Lewis Merrell, 6360 Park Circle, asked for a police report on Neighborhood Markets. Both Wallace and Hoag agreed they had few shoplifters and no crime on their parking lots. 2/16/2016 3 Gary Garvin, 24753 Demott Drive, shared a lot of development has been proposed and completed (examples: Roundabout and Mercy). These changes have been a big plus for Airport Drive and Garvin is 100% for the approval of Wal-Mart requests. Kathy Cottrell, 1122 Sheridan Drive, Joplin, Missouri, shared the property was country like in the past, but now for example, the mailbox access across the highway is not conducive to residential use. Chad Minor, 25217 Tabor Main Road, stated he originally purchased property for its wooded area but after seeing the Wal-Mart plans it will be much better than anticipated, enhanced by reserving 60’ of land between planned Wal-Mart and himself. Before agreeing to a deal with Wal-Mart to sell a portion of his property on the east Minor visited with neighbor Phyllis Cottrell to insure she was sincere in her decision to sell. Minor also stated he may not want a fence dividing his property from Wal-Mart. Steve Cottrell, 2187 West Oak Street, Carthage, Missouri, shared the march of business development will continue to come to Airport Drive, stating one might fight it or delay it, but it is coming. Carolyn Longerot, 25340 Tabor Main Road, delivered a protest petition with 95 signatures of homeowners in Tabor Woods. Attorney Brown requested the original petition and a copy was made for Mrs. Longerot. Krista Smith, 25424 Tabor Main Road, reported visiting the Joplin Wal-Mart on Seventh Street. She expressed concern about limiting lighting, spillover to neighboring properties, loss of the rural feeling, and having no desire for a 24 hour facility. Doris Elgin, 6346 Park Circle, inquired about having a banking facility inside the proposed store. Wal-Mart representative shared that an ATM is planned. Lewis Merrell asked how wide the entrances are planned to which Mr. Rohlfing responded 16’ drive in and 12’ exit lanes. Mr. Merrell expressed concern for trucks turning into complex. Rohlfing added with MoDoT/auto turn analysis, traffic is planned to stack in the Wal-Mart lot and not on 171 Highway. Richard Salzer, 25601 Ridge Road, expressed concern regarding water usage being provided by Jasper County Public Water District versus Missouri American Water Company. Mr Salzer stated he is a Director of the Public Water District Board. Attorney Brown suggested this would be sorted out by Wal-Mart and the water suppliers if needed. Krista Smith asked for the location of the Minor property on the map displayed. The property was pointed out. Terry Myers, 25390 Leffen Lane, asked about the traffic report. Dane Seiler, PE, 5051 South National, Springfield, Missouri, reported from Traffic Impact Assessment the raw use number of vehicles is 6,000 for all directions. Myers asked how many vehicles are projected to travel east and west. Seiler answered, 60-70% will come from the roundabout and 30-40% will travel from the west. Myers expressed concern for left turning traffic. Seiler added, MoDoT reviewed and approved the report. Caroline Longerot questioned the commercial zoning so close to the residential zoning and potential negative aspect on neighbors/property owners relating to the Comprehensive Plan. 2/16/2016 4 Chairman Surgi reminded that the Comprehensive Plan is a guideline. Bob Mueller, 25231 Leffen Lane, asked about the increased cost of law enforcement due to Wal-Mart. Trustee Rains reminded that residents asked for additional coverage, but Airport Drive was and is already covered by Jasper County Sheriff’s Office staff. David Bozung, 6219 Park Circle, suggested the cost for additional law enforcement could be $100,000-$120,000 annually. Sergeant Roughton confirmed two deputies are already scheduled in this area of Jasper County. The whole of Jasper County covers 649 square miles. Krista Smith and Caroline Longerot expressed desire for no 24 hour businesses followed by Krista Smith asking for a show of hands. Ron Moorehouse, 6770 Park Circle, shared that he has shopped at the Wal-Mart Neighborhood Market on Seventh Street. Moorehouse pointed to Tabor Woods Sub-Division being an old area, a retreat from the city where residents have invested in the rural aspect. He praised the Board of Trustees for respecting them. Moorehouse listed negative aspects: bright lights, traffic, trucks, trash, loss of trees and greenery, and the size of the Wal-Mart footprint. Rose Paul, 25267 Tabor Main Road, suggested the Board of Trustees let their conscience be their guide and voters will remember them at election time. Gerald Hood, 1201 West Fountain Road, asked what Wal-Mart has to offer that Airport Drive does not already have. Rick Rohlfing addressed lighting concerns affirming the parking lot lights are to face down toward the lot and being LED, they will illuminate only where aimed, cutting the light flow at the edge of the property and not bleeding onto the neighboring properties. Krista Smith and Lana Nelson expressed concern for LED lighting being much brighter. Christine Bushyhead recapped the purposes of meeting as being 1.) Request to rezone property near Stones Corner from C-3-D to C-2PD and from R-1, which is no longer feasible, to C-2PD and 2.) Approve preliminary site plan. She added the site plan includes a significant buffer between zones and the forward thinking Comprehensive Plan is completely consistent with this Wal-Mart request. Chariman Surgi asked for final comments. Attorney Brown closed the Public Hearing. COUNCIL BILL 10-14 An Ordinance approving a zoning change from District R-1, Single Family Residential and District C-3PD, Planned Shopping Center District to District C-2PD General Commercial, Planned Development for property generally located at 25145 Demott Drive. Trustee Paul motioned to go along with the advice of the Zoning Commission to deny rezoning. Trustee Stine seconded the motion. Each Trustee was asked for their vote, a yes vote being to deny rezoning: Paul, yes; Stine, yes; Allison, no; Rains, no; Surgi, no. Motion failed. Trustee Rains shared that Richard Cottrell had a vision for Airport Drive. The Village is in a triangle between Carl Junction, Webb City and Joplin, cities with populations of 10,000, 10,000 and 50,000-60,000 respectively, supporting the fact that the traffic is already here. The Village 2/16/2016 5 worked with MoDoT to insure Tabor Woods received signaled access to Highway 171 at Fir and Tabor Main Road. Trustee Rains motioned to have the first reading of Council Bill 10-14 by title only. Trustee Allison seconded the motion. Each Trustee voted, a yes vote being to approve rezoning: Paul, no; Stine, no; Allison, yes; Rains, yes; Surgi, yes. Attorney Brown read Council Bill 10-14 by title only. Trustee Rains motioned to approve the first reading and have the second reading of Council Bill 10-14 by title only. Trustee Allison seconded the motion. Paul, no; Stine, no; Allison, yes; Rains, yes; Surgi, yes. Attorney Brown read Council Bill 10-14 by title only. Trustee Rains motioned to approve the final reading of Council Bill 10-14 and adopt Ordinance 10-14. Trustee Allison seconded the motion. Paul, no; Stine, no; Allison, yes; Rains, yes; Surgi, yes. Ordinance 10-14 was adopted. Chairman Surgi called for a five minutes recess as visitors cleared the building. COUNCIL BILL 11-14 An Ordinance approving the Preliminary Development Plans submitted for a Wal-Mart Neighborhood Market in property zoned C-2PD, General Commercial, Planned Development generally located at 25145 Demott Drive. Attorney Brown and Attorney Bushyhead agreed to incorporate previous discussion plus any questions and answers for this request. Trustee Rains suggested dedicated left and right turns from property, asked if Mercy would allow access from their lot to Wal-Mart, insured that access remained to Stone’s Corner Plaza Shopping Center on south side and questioned potential use of fencing along west and north property lines. Rick Rohlfing answered that Mercy requested no access be shared, fencing could be added to the plan or revisited at a later date for perimeter as well as detention areas, and plan includes saving 15 of the Bradford Pear trees along Highway 171; however, the tree is not a hearty tree and some may have to be replaced. Trustee Rains asked that Wal-Mart work with MoDoT to lower the speed limit. Dane Seiler recommended Airport Drive write a letter to MoDoT requesting speed limit change. Trustees Surgi and Rains suggested parking spaces should be 10’ by 19’. Rick Rohlfing offered spaces could be larger near the building and reduced to 9.5’ by 19’ on the south end of the parking lot. Water detention areas were discussed for volume of water detained and fencing plans. Areas enclosed behind the building would be trash receptacle, bale and pallet area, and two loading docks. Underground storage tanks will be 16’ deep. And all of these will be included in the building plans. Attorney Brown asked about the store being open 24 hours a day. Rick Rohlfing confirmed the hours are important to Wal-Mart. He added the gas station is a deal breaker and a must have for this location. Signage was discussed with Wal-Mart preferring a tall pole sign while Trustees requested a monument sign. 2/16/2016 6 Left turn from Wal-Mart on the east exit was discussed and Rick Rohlfing agreed Wal-Mart could do another traffic study in one year after opening to confirm. Trustees proposed sidewalks to Mercy and Shopping Center may be needed if there is limited access. Rohlfing agreed to add sidewalk to plan. Lighting discussed again to include pole height of 25’ on a three foot base using state of the art technology to aim LED lights. Attorney Brown added fence requirement of eight feet in height, vinyl material and tan in color. Attorney Brown also requested the store be closed from midnight to 6:00 a.m. Engineer Norton stated Wal-Mart has a good set of plans. Eleven conditions were recapped: 1.) Provide dedicated left turn, right turn and inbound traffic lanes. 2.) Fencing on north line of property. 3.) Fencing around detention shared with Mercy. 4.) Trees to be preserved and or added. 5.) Support Airport Drive regarding speed limit west of roundabout. 6.) Construct full access entrances and provide traffic study one year after complete. 7.) Parking stalls to be 10’ by 19’ on north half of lot and 9.5’ by 19 on south half of lot. 8.) Sidewalk on south following traffic to/from Shopping Center. 9.) Fencing along the west and north perimeters where installed shall be 8’ in height, vinyl/plastic material and a tan color.10.) Store hours to be limited to 6:00 a.m to midnight. 11.) Monument sign to be installed at roadside. Trustee Rains motioned to have the first reading of Council Bill 11-14 by title only, amending it with the eleven provisions recapped. Trustee Allison seconded the motion. All votes yes. Attorney Brown read Council Bill 11-14 by title only. Trustee Rains motioned to approve the first reading and have the second reading of Council Bill 11-14 by title only. Trustee Allison seconded the motion. All votes yes. Attorney Brown read Council Bill 11-14 by title only. Trustee Rains motioned to approve the final reading of Council Bill 11-14 and adopt Ordinance 11-14. Trustee Allison seconded the motion. Paul, no; Stine, yes; Allison, yes; Rains, yes; Surgi, yes. Ordinance 11-14 was adopted. ASBELL STREET REPAIR CONTRACT Liability for damage by railroad equipment to Central Avenue was discussed. Trustee Rains motioned to approve street repairs as proposed by Asbell Excavating & Trucking for Central Avenue estimated at $3,500 - $4,000. Trustee Allison seconded the motion. Motion passed unanimously. 2015 BUDGET Budget Committee and Clerk recommendations were discussed. Trustee Rains motioned to approve the 2015 Budget. Trustee Allison seconded the motion. Motion passed unanimously. OTHER AND UNFINISHED BUSINESS The spare pump was installed at Central Avenue Lift Station. The broken pump was taken to Enviro-Line for assessment. Trustee Rains asked why he did not know about the situation. Clerk noted that in this situation a call was made to the Chairman of the Board of Trustees. Clerk will contact Trustee Rains. Trustee Rains instructed Clerk to request a quote for a new pump equal to the pump just installed at Central Avenue. 2/16/2016 7 Providing leaf pick up this season was discussed. Trustee Rains motioned to approve pick up of leaves by the City of Carl Junction at the rate of $104.53 per hour for small leaf vacuuming to $117.03 per hour for large leaf vacuuming. Trustee Allison seconded the motion. Yes votes: Paul, Allison and Rains. No votes: Stine and Surgi. Motion passed. Workers Compensation policy agent discussed. Insurance is provided by Missouri Employers Mutual. Trustee Stine motioned to transfer policy administration from Land O Lakes to Connell Insurance Company. Trustee Paul seconded the motion. Motion passed unanimously. Vacation request by Sue Hirshey was discussed. Trustee Rains motioned to approve vacation on Thursday-Friday, December 11-12, 2014. Trustee Allison seconded the motion. Motion passed unanimously. Trustee Rains started discussion about Christmas Holiday bonus for staff. Trustee Rains motioned to approve purchase of gift cards to the clerks in the amount of $150 each and to the deputies in the amount of $100 each. Trustee Allison seconded the motion. Motion passed unanimously. Trustees discussed snow removal requirements. Trustees Rains and Allison will continue to communicate on those occasions when snow falls, to determine whether or not snow removal is necessary. Clerk will update contact information for Justin Garvin and provide to both Trustees. Lot split for Howard and Nancy Gilliam, 6625 North Main Street Road was discussed. Clerk is asked to write a letter to Gilliam’s requesting they provide plan for sewer easement for lots split and ingress and egress plan for southern ten acre lot. REMINDERS Thanksgiving Holiday will be observed Thursday-Friday, November 27-28, 2014. Village office will be closed. Leaf Pickup will start Monday, December 1, 2014. Sue Hirshey will be on vacation Thursday-Friday, December 11-12, 2014. Election filing for Board of Trustees begins Tuesday, December 16, 2014 and ends Tuesday, January 20, 2015. Board of Trustee Work Session and Regular Meetings are scheduled December 18, 2014 at 6:30 p.m. and 7:00 p.m. respectfully. ADJOURNMENT Trustee Rains motioned to adjourn meeting. Trustee Stine seconded the motion. Motion passed unanimously. Meeting adjourned at 11:20 p.m. Respectfully Submitted, Janie Liles Village Clerk 2/16/2016