CITY COUNCIL MEETING
MONDAY, APRIL 10, 2000
Mayor Art Hammen called the Regular April 10, 2000 City Council Meeting to order in the City Council Chambers at 7:30 p.m.
City Manager Kirk Davis
Item 3. on the Agenda. Pledge of Allegiance.
Members of Troop 260 presented the Color Guard and led the Pledge of Allegiance in which all joined. Mayor Hammen thanked them and noted that Troop 260 is sponsored by North Cross United Methodist Church and had been his own scout troop.
Item 4. on the Agenda. Approval of Minutes.
Mayor Pro Tem Anita Newsom moved to approve the Regular Monday, March 27, 2000 City Council Meeting Minutes as submitted. Councilman Norris seconded.
Councilman Norris stated that although the minutes well reflect his farewell comments made under other business at the March 27, 2000 meeting, City Clerk Marilyn Ahnefeld failed to include his remark that she is awesome, and he asks that the official record include his statement.
The vote: "aye" - Bishop, Nodler, Norris, Newsom, Hammen. (5-0)
Item 5. On the Agenda. PRESENTATION to the City of Gladstone from Gladstone VFW Post #10906.
Commander Roger Kohrs and Quartermaster Joseph Liles presented framed certificates to Mayor Art Hammen for the Gladstone City Council, and to Marilyn Ahnefeld for City of Gladstone Employees on behalf of officers and members of the Veterans of Foreign Wars Post #10906 in appreciation of the City's support in furthering the aims and ideals of Americanism.
Item 6. On the Agenda. FIRST READING BILL 00-11, declaring the results of the Special Election on Tuesday, April 4, 2000 on the Question of Issuance of $4,000,000 of Combined Waterworks and Sewerage System Revenue Bonds. (Yes: 2483; No: 193).
Councilman Roger Norris moved to place Bill 00-11 on First Reading; Mayor Pro Tem Newsom seconded.
Discussion. Councilman Roger Norris said he would like to thank the citizens of our city for an absolutely overwhelming 93% approval on the $4 million dollar bond issue. It certainly shows that in the last decade the Council has worked hard to earn the trust of the citizens because you don't get a 93% vote without the citizen's trust. He also thanks Mr. Mike Reinsch who took care of the signage for the bond election and asked him to stand and be recognized.
The vote: All "aye": Bishop, Nodler, Norris, Newsom, Hammen (5-0). The Clerk Read the Bill.
Councilman Roger Norris moved to accept the First Reading of Bill 00-11, Waive the Rule and place the Bill on Second and Final Reading; Mayor Pro Tem Newsom seconded. The vote: All "aye": Bishop, Nodler, Norris, Newsom, Hammen (5-0). The Clerk read the Bill.
Councilman Roger Norris moved to accept the Second and Final Reading of Bill 00-11, and enact the Bill as Ordinance No. 3.745; Mayor Pro Tem Newsom seconded.
Mayor Pro Tem Anita Newsom said she would stress that this could not have taken place without the efforts of quite a number of people who came together and worked very hard on this water bond issue. She knows that there will be recognition later but she personally wants to thank Mr. Bussinger, Mr. Whitton, Mr. Patterson and Mr. Reinsch for pulling together and heading up this citizens committee. This could not have been done without their combined leadership, and if she starts naming the people who worked on the committee, she knows she would miss some. So from her personal perspective, and on behalf of the people who will benefit from this, she thanks all who participated very, very much.
The vote: All "aye" - Councilman Dan Bishop, Councilman George Nodler, Councilman Roger Norris, Mayor Pro Tem Anita Newsom, Mayor Art Hammen. (5-0)
Item 7. on the Agenda. FIRST READING BILL 00-12, authorizing the City of Gladstone, Missouri, to enter into a Base Lease with First Bank of Missouri, as Trustee, whereby the City will lease certain property to said Trustee, a Lease Purchase Agreement with said Trustee with respect to the acquisition, construction, furnishing, equipping and installing of improvements to the Stormwater Drainage System and prepaying Certain Outstanding Certificates of Participation and Certain Related documents; and approving a Declaration of Trust made by the Trustee pursuant to which certain Certificates of Participation will be executed and delivered.
Councilman Roger Norris moved to place Bill 00-12 on its First Reading; Mayor Pro Tem Newsom seconded.
Councilman Bishop said this is obviously the third step in issuing these Certificates of Participation, and we have all commented on it along the way, but it is an important step we are taking in terms of addressing the storm water concerns in the City of Gladstone as identified in the Black & Veatch Master Plan Study and we are able to do it without a tax increase and address those most serious top one-third of the storm water problems, and he supports it.
The vote: All "aye": Bishop, Nodler, Norris, Newsom, Hammen (5-0). The Clerk read the Bill.
Councilman Roger Norris moved to accept the First Reading of Bill 00-12, Waive the Rule and place the Bill on Second and Final Reading; Mayor Pro Tem Newsom seconded. The vote: All "aye": Bishop, Nodler, Norris, Newsom, Hammen (5-0). The Clerk read the Bill.
Councilman Roger Norris moved to accept the Second and Final Reading of Bill 00-12, and enact the Bill as Ordinance No. 3.746; Mayor Pro Tem Newsom seconded. The vote: All "aye": Bishop, Nodler, Norris, Newsom, Hammen (5-0).
Item 8. On the Agenda. FIRST READING BILL 00-13, declaring the results of the Tuesday, April 4, 2000 Gladstone General Election as certified by the Clay County Board of Election Commissioners that candidates Bill Cross and Shirley M. Smith have been elected to three year terms on the Gladstone City Council.
Councilman Roger Norris moved to place Bill 00-13 on First Reading; Councilman Dan Bishop seconded.
Councilman Norris welcomed Mr. Cross and Ms. Smith to the City Council.
The vote: All "aye" - Bishop, Nodler, Norris, Newsom, Hammen. (5-0) The Clerk read the bill.
Councilman Norris moved to accept the First Reading of Bill 00-13, Waive the Rule, and place the Bill on Second and Final Reading; Councilman Bishop seconded. The vote: All "aye" - Bishop, Nodler, Norris, Newsom, Hammen. (5-0) The Clerk read the bill.
Councilman Norris moved to accept the Second and Final Reading of Bill 00-13 and enact the Bill as Ordinance No. 3.747. Councilman Bishop seconded. The vote: All "aye" - Bishop, Nodler, Norris, Newsom, Hammen. (5-0)
Item 9. on the Agenda. SPECIAL PRESENTATIONS AND REMARKS.
Mayor Art Hammen presented Recognition Plaques on behalf of the City Council to former Gladstone Mayors Larry Whitton and Lee Bussinger who served as co-chairs for the Citizens for Quality Water and Sewers Bond Committee in sincere appreciation of their leadership and commitment to the success of the Tuesday, April 4, 2000 Bond Election.
The Mayor commented that these gentlemen had not always seen eye to eye in the past, but came together to express their support for such an important issue for our residents, and we are most grateful.
* * * Mayor Pro Tem Anita Newsom presented a Certificate of Service Plaque to Councilman Roger Norris acknowledging his service to the City as a member of the City Council from April 1991 to April 2000, including terms as Mayor in April 1993 and April 1997. She noted the plaque is on behalf of all present and former Council members who were privileged to serve with him during his tenure.
Ms. Newsom told Councilman Norris that they had agreed to disagree at times, and that he had become a good friend, a good Councilman, and he will be missed. She also told him that his parents along with all who know him are very proud of his service.
Mayor Pro Tem Newsom also presented Councilman Roger Norris with a Key to the City on behalf of the City Council, City Staff, and Gladstone residents in grateful appreciation of his dedication to the City of Gladstone, Missouri.
Ms. Newsom presented a Certificate of Service Plaque to Mayor Art Hammen on behalf of all present and former Council members with whom he served, acknowledging his service as a Councilman from April 1994 to April 2000, and two terms as Mayor of the city.
She told Mayor Hammen that his whole life he has worked to do what was best for the City of Gladstone. He has contributed much to the Planning Commission and other Boards on which he served, as well as the Neighbors Helping Neighbors group. She thinks it is admirable that he is leaving the Council to spend more time with his family and other projects, and said when she retires this year herself, she hopes to be able to assist him.
Mayor Pro Tem Newsom also presented Art Hammen with a Key to the City on behalf of the Council, Staff, and residents in acknowledgment of his ongoing contributions to our city.
Finally, Mayor Pro Tem Newsom presented a flower bouquet to Mrs. Johanna Hammen in appreciation of her understanding of the many, many hours Art was away from his family in the performance of his Mayoral duties this past year.
Councilman Dan Bishop thanked both Art Hammen and Roger Norris for their service to the City. He said they only had the opportunity to work together one year and have at times disagreed, but he feels they have also done a lot of good for the City this past year. He wishes them the very best as they move on to the next activities in their lives and truly thanks them both for their service to the City.
Councilman George Nodler told Art and Roger that personally he will miss them both on the City Council, but the City of Gladstone will miss their service even more.
He thanked Art Hammen for his well thought out decisions and said he had certainly upgraded the Mayor's Christmas Tree effort which raised funds for the Neighbors Helping Neighbors organization and the Northland Christmas Store as well.
Mr. Nodler told Roger Norris that he is his best friend, has been a good Councilman, always did what was right; and he is proud of him.
Councilman Newsom told Art Hammen and Roger Norris that it was always interesting to come to a meeting because they are both very independent individuals and divergent thinkers, and it has been an excellent experience serving with them. She told them that although the City Council is losing them, our City will always have them and she believes their hearts will be there. She thanks them both for the time they have all spent together, and urges that we not lose track of one another.
Councilman Roger Norris said he made his farewell remarks at the last Council Meeting but there was someone who was not in the audience then who is here tonight, and he wants him to know that he shares the Key to the City he received with him. That person is Lee Bussinger and he was the first person to stand up at Mike Reinsch's kitchen table on a Saturday morning and tell him that he wanted him to be elected, and he told his friends. It was very much the other side of the political fence at that time. Councilman Norris said Mr. Bussinger took a big chance with him and he hopes he did not let him down.
Mayor Art Hammen said that twelve years ago he joined the Gladstone Planning Commission, and the Capital Improvements Committee, and about six years ago, thanks to a lot of people, was elected to the City Council. It has been his good fortune to be Mayor twice, and he has been a part of many positive changes and improvements throughout the city and among those is the excellent Gladstone staff. He acknowledged Public Safety Director Bill Adamo's achievements for our City; He told City Manager Davis that when we needed a new City Manager he was the unanimous choice, and was the only person we ever interviewed, and the Council was 100% behind him. He told Assistant City Manager Laura Gay that she was such a fine addition to the Staff and would go as far as she wants to in this business.
The Mayor said when he joined the City Council we had a long list of legal actions against the City, but City Counselor Nancy Thompson came on board and now it is very short and that she has done a very fine job. He told Director of Community Development Scott Wingerson that if he ever makes the unwise decision to leave this city he will hunt him down. He acknowledged and thanked Director of Parks & Recreation Steve Buschor and Finance Director Cash Sweiven; and told Director of Community Services Hamid Hashemizadeh, who is the newest member of the management team that by now he is sure he knows he is a part of a tremendous organization.
He acknowledged City Clerk Marilyn Ahnefeld and told her she was the epitome of service to Gladstone. He told Management Assistant Bryan Richison that he has a bright future in city government and that there is no better place to learn the ropes than here in Gladstone, and he told Administrative Assistant Diane Whiteaker that she is a great asset to the City and is always willing to go the extra mile.
Mayor Hammen wished his running mate Roger Norris good luck in his new endeavors; and thanked Anita Newsom and told her he had learned a lot from her. He thanked George Nodler for the fact that he could always count on him. He told Dan Bishop that he brings a new perspective to the City Council and said they had a great time at the National League of Cities Conference where he got to see a side of him he hopes the rest of the Council gets to see, and wishes him luck in his political ambitions.
Mayor Hammen said the decision to retire from the Council was not easy. People ask if he will miss it and the answer is yes, he will. But what he will really miss is the people: the citizens, staff, and Council who are all great people. He said he does look forward to spending more time with his wife and kids.
He congratulated Bill Cross and Shirley Smith and told them they will spend an exciting three years on the City Council, and he hopes that they will remember that the Council is at its best when it works as a team.
Mr. Hammen said about a year ago he was asked to be a part of a brand new organization in Gladstone called Neighbors Helping Neighbors. Pete Hall from the Gladstone Economic Betterment Council and Leo Slenker who was the Gladstone Area Chamber of Commerce President at that time asked him to help organize this group whose purpose is to serve Gladstone residents in need. Many people have contributed to its success, and he announces tonight that effective tomorrow he will become the new Executive Director of Neighbors Helping Neighbors and invites everyone to participate.
Item 10. on the Agenda. CITY COUNCIL OATH OF OFFICE: BILL CROSS
The City Clerk gave the Oath of Office to Bill Cross for a three year term on the Gladstone City Council and Councilman Cross took his seat.
Item 11. on the Agenda. . CITY COUNCIL OATH OF OFFICE: SHIRLEY M. SMITH
City Clerk Marilyn Ahnefeld gave Shirley M. Smith the City Council Oath of Office and Councilman Smith took her seat at the Council table.
Item 12. On the Agenda. ELECTION OF MAYOR AND OATH OF OFFICE.
Mayor Pro Tem Anita Newsom presided over the election of Mayor.
Councilman George Nodler nominated Anita Newsom for Mayor of Gladstone noting that she has served on the City Council for the past ten years and has served with distinction. The accomplishments of the last ten years are far too numerous to name them all, but he mentions a few: The renovation of Happy Rock Park, the Transportation Sales Tax Approval, the recent 93% approval of our water bonds which shows the extreme confidence of the citizens in this Council, the water main upgrade, and the Amphitheater in Oak Grove Park in which Anita played an important part. Mr. Nodler said the Council for the past ten years has avoided last minute political deals, and has always elected the Mayor Pro Tem as Mayor. Councilman Nodler said he would like to continue that tradition and nominates Anita Newsom to the position of Mayor.
Councilman Shirley Smith said because two members of this Council are newly sworn in, and because two others have done yeoman's duty for many years as Councilmen, Mayors and Mayor Pro Tem, she nominates Daniel Paul Bishop for the office of Mayor of the City of Gladstone, Missouri.
Mayor Pro Tem Newsom called for a roll call vote.
Councilman Smith, Councilman Cross and Councilman Bishop voted for Dan Bishop for Mayor.
Councilman Nodler and Councilman Newsom voted for Anita Newsom for Mayor.
Mayor Pro Tem Newsom announced that Dan Bishop has been selected as Mayor. City Clerk Ahnefeld administered the Oath of Office to Dan Bishop for the position of Mayor of the city of Gladstone, Missouri.
Item 13. On the Agenda. . ELECTION OF MAYOR PRO-TEM
Councilman Shirley Smith said because of his great popularity among the citizens as evidenced by his vote totals in the primary and general elections, she nominates Councilman William Cross for the office of Mayor Pro Tem. There were no other nominations. A roll call vote was taken and Councilman Smith, Cross, Nodler, Newsom, and Mayor Bishop voted in favor of the nomination of Bill Cross as Mayor Pro Tem. (5-0)
Item 14. on the Agenda. CONSENT AGENDA.
Following the Clerk's reading, Councilman Cross moved to approve the Consent Agenda as listed. Councilman Smith seconded. The vote: All "aye" - Smith, Cross, Nodler, Newsom, Bishop. (5-0)
CONSENT AGENDA DETAIL:
Councilman Cross moved to adopt RESOLUTION R-00-28, authorizing acceptance of work under contract with Brandy Electric for the City Hall exterior lighting project, and authorizing final payment in the amount of $1,962.50 from the Capital Improvement Sales Tax Fund. Councilman Smith seconded. The vote: All "aye" - Smith, Cross, Nodler, Newsom, Bishop. (5-0)
Councilman Cross moved to adopt RESOLUTION R-00-29, authorizing the City Manager to execute a contract with HNTB Corporation for the North Oak Corridor Study for a total amount not to exceed $50,000. Funding authorized from the General Fund. Councilman Smith seconded. The vote: All "aye" - Smith, Cross, Nodler, Newsom, Bishop. (5-0)
Councilman Cross moved to adopt RESOLUTION R-00-30, authorizing the City Manager to accept a bill of sale from Clayco Properties and Haines Stowers Construction Company, conveying to the City a water line and hydrant serving Claybrook 2nd Plat. All improvements have been constructed at developer's expense. Councilman Smith seconded. The vote: All "aye" - Smith, Cross, Nodler, Newsom, Bishop. (5-0)
Councilman Cross moved to adopt RESOLUTION R-00-31, accepting permanent easements from property owners in conjunction with the Heatherton Place Subdivision development located at 62nd Terrace and N. Main. Councilman Smith seconded. The vote: All "aye" - Smith, Cross, Nodler, Newsom, Bishop. (5-0)
Item 15. on the Agenda. Communications from the Audience.
Donald Harper, 1606 NE 68th Terrace, suggested that the City Council consider an ordinance similar to one recently enacted by the City of Smithville providing for the registration of all beer keg purchases. He said this has great potential for limiting underage drinking. It cannot stop it, but it can perhaps limit it and he suggests that in order for it to be successful in one community, surrounding communities need to adopt similar legislation. He thinks it is worthy of consideration as a future agenda item. Mayor Bishop thanked Mr. Harper for bringing the item to Council's attention and said we will look into it and follow up with him.
Item 16. on the Agenda. Communications from the City Council.
Councilman Shirley Smith said she drove many miles around Gladstone while campaigning. There are a lot of homes in Gladstone and living in those homes are citizens who are depending on us to give them the very best that a city can give them. She said she is going to do her very best for the people in those houses.
Councilman Anita Newsom had no communications at this time.
Councilman George Nodler congratulated the newly elected members of the City Council.
Councilman Bill Cross thanked everyone for the opportunity to serve on the City. He said after being employed by the City for seventeen years it is his pleasure now to sit on the City Council and he certainly appreciates all the help that everyone gave him all those years. He hopes that he can do half the job that Roger Norris and Art Hammen did because he has followed their career on the City Council and recognizes that the two of them have accomplished a great deal. He hopes that he can add something to it in the next three years. Councilman Cross said he has learned a lot about city government here in Gladstone and how it works over the past twenty years and he thanks everyone again for being here.
Mayor Dan Bishop welcomed the new members of the City Council and said that Gladstone can be proud of selecting two members of such high caliber. He thanks the Council for intrusting him with the position of Mayor and said he is honored and humbled. To the members who did not vote for him, he respects them, and looks forward to working with all members of the City Council for the good of this community. He also welcomes the large number of attendees here this evening. It is great to see the council chamber so filled and he hopes they come back often. As Mayor he wants to have an open door policy, and welcomes anyone to call him at any time about any issue they wish to discuss.
The Mayor said he wants Gladstone to be resident friendly, and he hopes all will join us for refreshments in the lobby following adjournment of this meeting.
Item 17. on the Agenda. Communications from the City Manager.
City Manager Kirk Davis announced that the Spring Clean-Up Days are scheduled for April 28,29, 30 at Gladstone Central Park, and May 5, 6, 7 are the Bush Disposal Days at the Gladstone Public Works Building. More information will be made available as we get closer to those dates.
The City Manager extended congratulations on behalf of City Staff to the new members of the City Council and the Mayor and Mayor Pro Tem. He told them we look forward to working with them this next year.
City Manager Davis then presented a bouquet on behalf of the City Staff to the Mayor's wife, Leslie Bishop, and told her we would be taking much of her husband's time in the coming year while he serves as Mayor because it is a real commitment to serve on the City Council.
Item 18. On the Agenda. PUBLIC HEARING: on a request for a Site Plan Revision and a Special Use Permit on property at 7260 N Antioch Road. Applicant: Kathleen Tobin. Owner: Tuf-Flight Industries, Inc. (File #1115/16)
Mayor Bishop opened the public hearing and announced that at the applicant's request the hearing is continued to the April 24, 2000 City Council Meeting.
Item 19. On the Agenda. PUBLIC HEARING: on a request to rezone from RP-3 to RP-4 and from RP-3 to CP-1, property north of Englewood Road, west of Main, and east of Broadway. Applicant: Nolte & Associates. Owner: Herman Scharhag. (File #1117)
Mayor Bishop opened the public hearing and explained the hearing process that the applicant and persons in favor of the application are invited to speak, followed by those in opposition, and finally the City Staff presentation.
No representative of the Applicant was present and there were no persons desiring to speak in favor of the application.
Mary Abbott, 5905 N Broadway, said in 1966 there was a proposal for apartments at this location. We did not need them at that time and we don't need the apartments that are now proposed. She cannot get out of her driveway to drive south because of the traffic. Broadway is a mess anyway, and the water that comes down every time it rains is about to run her out. It keeps taking her backyard out and has flooded her basement. And now we are going to have more traffic. We don't need this. She is sure there is something that can be done with Mr. Scharhag's property besides apartments.
Community Development Director Scott Wingerson explained this is a follow up item. Back in January, Council approved a development plan which included construction of a 154 unit apartment building and 20,000 sq. ft. commercial project. As a condition of the site plan ordinance, it was a requirement that the applicant file a zoning change application to change the zoning from RP-3 to RP-4 for the senior housing, and RP-3 to CP-1 for the retail. This request is in compliance with that condition and the Planning Commission recommends approval to the City Council.
Councilman Newsom asked if the developer's agreement is in place yet. Director Wingerson said it was not, and staff suggests that Council only give one reading tonight to allow that to come forward. The applicant is still agreeable to such an agreement and staff recommends that it come forward together with the building permit and that Council give second reading and enactment of this bill at that same time.
Councilman Newsom also asked about the dedication and escrow of money for the northern road. That is not a part of the staff recommendations? Mr. Wingerson said staff is suggesting that the development patterns have changed so significantly from the previously approved to the currently approved plan, that it is very questionable whether that east-west corridor road would be necessary. If it is necessary, it will be constructed by private developers on the north eleven acres. Mr. Newsom said at no expense to the City? Mr. Wingerson said that is correct.
Item 19a. on the Agenda. FIRST READING BILL 00-14, rezoning from RP-3 to RP-4 and from RP-3 to CP-1, property north of Englewood Road, west of Main, and east of Broadway. (File #1117)
Councilman Shirley Smith moved to place the bill on First Reading; Councilman Bill Cross seconded.
Councilman Anita Newsom said she concurs with staff's recommendation that we not give second reading until we do have a developer's agreement.
The vote: All "aye" - Smith, Cross, Nodler, Newsom, Bishop. (5-0) The Clerk read the Bill.
Item 20 on the Agenda. FIRST READING BILL 00-15, amending certain sections of Chapter 18 of the Code of Ordinances dealing with the use of motor vehicle safety belts.
Councilman Bill Cross moved to place Bill 00-15 on First Reading; Councilman Shirley Smith seconded.
Discussion. Councilman Anita Newsom said she understands this Bill is consistent with state law as far as not allowing an officer to stop a vehicle for the sole reason of a seat belt violation.
City Counselor Nancy Thompson said that is correct, it does allow the officer to stop a vehicle for a seat belt violation for children between the ages of four and 16. It does not allow that primary enforcement for a driver of a vehicle or anyone over the age of 16. It conforms with what state law currently allows.
The vote: All "aye" - Smith, Cross, Nodler, Newsom, Bishop. (5-0) The Clerk read the Bill.
Councilman Cross moved to accept the Second Reading of Bill 00-15, Waive the Rule, and place the bill on Second and Final Reading; Councilman Smith seconded. The vote: All "aye" - Smith, Cross, Nodler, Newsom, Bishop. (5-0) The Clerk read the Bill.
Councilman Cross moved to accept the Second and Final Reading of Bill 00-15, and enact the Bill as Ordinance No. 3.748. Councilman Smith seconded. The vote: All "aye" - Smith, Cross, Nodler, Newsom, Bishop. (5-0)
Item 21. On the Agenda. . APPROVAL OF BUILDING PERMIT for the demolition of existing building and construction of a new building located at Northtowne Volkswagen, 6728 N. Oak. Applicant/Owner: K.L. LeFever. (BP# 99-0891)
Councilman Smith moved to approve the Building Permit for 6728 N Oak; Councilman Cross seconded.
Councilman Nodler said he would be remiss if he did not ask former Councilman Norris' famous question, is everything in order? City Manager Davis assured everything is in order. The vote: all "aye " - Smith, Cross, Nodler, Newsom, Bishop. (5-0)
* * *
There were no questions from the new media or further business to come before the April 10, 2000 Gladstone City Council Meeting, and Mayor Dan Bishop adjourned the Regular Meeting.
Marilyn F. Ahnefeld, City Clerk