MONDAY, APRIL 9, 2001
Mayor Dan Bishop called the Regular April 9, 2001 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.
Scout Michael Martin from Troop #354 sponsored by Meadowbrook United Methodist Church led the Pledge of Allegiance to the Flag and was joined by his fellow scouts and the audience.
Item 4. on the Agenda. Approval of Minutes.
Councilman Anita Newsom moved to approve the Regular March 26, 2001 City Council Meeting Minutes as submitted; Councilman George Nodler seconded. The vote: All “aye” - Councilman Smith, Councilman Nodler, Councilman Newsom, Mayor Pro Tem Cross, Mayor Bishop. (5-0)
Item 5. On the Agenda. FIRST READING BILL 01-16, declaring the results of the Tuesday, April 3, 2001 Gladstone General Election as certified by the Clay County Board of Election Commissioners that Candidate Les Smith has been elected to a Three Year Term on the Gladstone City Council. Final votes: Les Smith: 2,049; Ken Winkler: 1,536.
Councilman Newsom moved to place the Bill on First Reading; Councilman Nodler seconded.
Councilman George Nodler thanked the citizens of Gladstone for the honor of serving on the City Council and his fellow Councilmembers, both past and present. He especially thanks Councilman Anita Newsom who is truly dedicated to this city and is completely straightforward and honest. He said you always know where you stand with Anita. Mr. Nodler also thanked former Councilman Roger Norris for encouraging him to believe in himself. He thanks City Manager Kirk Davis and all his staff and city employees because they do an excellent job and they make being a Councilman a very easy task, and City Clerk Marilyn Ahnefeld who is always there for the Council.
Councilman Nodler said there are a lot of accomplishments over the last nine years and he certainly does not take credit for them but was pleased to be a part of them. He named the transportation sales tax which allowed us to upgrade street improvements, the water bonds which allowed the improvement of fire hydrants and fire protection especially in our older neighborhoods, the improvements to Happy Rock Park that make it a northland gem, the amphitheater in Oak Grove Park, the new Hamilton Heights Park, and especially the recent approval of funding for a new public safety facility on North Oak.
Councilman Nodler said he has held this Council seat for nine years and his predecessor Bob Ashcroft held it even longer. He is very pleased to have Les Smith as his successor. He said Les Smith’s civic accomplishments are far too many to list tonight but he knows Les is dedicated to the City of Gladstone and will do an excellent job and he wishes him and the rest of the City Council good luck.
The vote: All “aye” - Councilman Smith, Councilman Nodler, Councilman Newsom, Mayor Pro Tem Cross, Mayor Bishop. (5-0) The Clerk read the Bill.
Councilman Newsom moved to accept the First Reading of Bill 01-16, Wave the Rule and place the Bill on Second and Final Reading; Councilman Nodler seconded. The vote: All “aye” - Councilman Smith, Councilman Nodler, Councilman Newsom, Mayor Pro Tem Cross, Mayor Bishop. (5-0) The Clerk read the Bill.
Councilman Newsom moved to accept the Second and Final Reading of Bill 01-16 and enact the Bill as Ordinance No. 3.791; Councilman Nodler seconded. The vote: All “aye” - Councilman Smith, Councilman Nodler, Councilman Newsom, Mayor Pro Tem Cross, Mayor Bishop. (5-0)
Item 6. on the Agenda. SPECIAL PRESENTATION to outgoing Councilman George Nodler recognizing his service as Councilman (April 1992 - April 2001); and Mayor (April 1994/1995, April 1998/1999).
Mayor Dan Bishop told Councilman Nodler that he has had the opportunity to serve two years with him and he does not think that people realize until they are on this side of the Council table how much time, energy, and dedication it takes to serve on the City Council, and George Nodler has done it for nine years. He said nine years represents a lot of meetings and a lot of Council packets and told Mr. Nodler that it truly speaks of his commitment to this community. He said you have to be selfless to serve and he thanks Mr. Nodler for serving this community as a Councilman and Mayor for nine years and he wishes him the very best in his future endeavors.
Mayor Bishop presented George Nodler with a Certificate of Service in recognition of his service and achievements in the betterment of our city and his outstanding contributions as Councilman and Mayor on behalf of former and present members of the City Council who were privileged to serve with him. The listing included Anita Newsom, Dan Bishop, Bill Cross, Shirley Smith, Bill Reynolds, Mike Reinsch, Art Hammen, Roger Norris, and Dave Fricke.
Mayor Bishop also noted that earlier this year every former Gladstone Mayor who had not received a Key to the City was presented one, and now as a former Mayor it is appropriate to also present Mr. Nodler with a framed Key to the City of Gladstone.
Councilman Anita Newsom begged the indulgence of the Council to say a few words about Mr. Nodler. She told George Nodler that she has had the privilege of serving with him the longest period of time on the City Council and she commends him on being a very valued team member. She said over the years they have become friends as they served and worked together on a number of issues. Ms. Newsom told Mr. Nodler that the things she truly admires about him are his intelligence, attention to detail, patience and calm demeanor, and most of all his personal integrity, which is to the core. If there is someone who embodies integrity, it is George Nodler. She said she was privileged to have served with him and she wishes him well in his endeavors beyond the Council.
Mr. Nodler thanked the Mayor and Council for their appreciation gifts and remarks. He received a standing ovation as he took his seat in the audience.
Item 7 on the Agenda. CITY COUNCIL OATH OF OFFICE: LES SMITH
City Clerk Marilyn Ahnefeld gave the Oath of Office to Les Smith for a three year term on the Gladstone City Council and Councilman Smith took his place at the Council table.
Item 8 on the Agenda. ELECTION OF MAYOR AND OATH OF OFFICE
Councilman Dan Bishop nominated Anita Newsom for the office of Mayor of the City of Gladstone. He said Anita is the longest serving member of this Council with 11 years, has served as Mayor before, and will do a fine job presiding over the Council this next year. Councilman Les Smith seconded the motion. There were no other nominations. The vote: All “aye” - Les Smith, Shirley Smith, Dan Bishop, Bill Cross, Anita Newsom. (5-0)
City Clerk Ahnefeld administered the Oath of Office for the position of Mayor of the City of Gladstone, Missouri to Councilman Anita Newsom.
Item 9. On the Agenda. ELECTION OF MAYOR PRO-TEM
Mayor Newsom announced that nominations are now in order for the office of Mayor Pro Tem. Councilman Les Smith nominated Councilman Bill Cross for the position of Mayor Pro Tem; Mayor Newsom seconded the motion and moved that the nominations cease and that Councilman Bill Cross be elected Mayor Pro Tem by acclimation; Councilman Les Smith seconded. The vote: “Aye” - Councilman Les Smith, Councilman Dan Bishop, Mayor Anita Newsom. “Nay” - Councilman Shirley Smith. Councilman Bill Cross did not vote. (3-1-0)
Item 10. On the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Councilman Bill Cross moved to approve the Consent Agenda as read; Councilman Bishop seconded. The vote: All “aye” - Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-01-26, authorizing an emergency appropriation from the General Fund Balance in the amount of $84,012.00 for the purchase of a radio console system and components from Commenco, Inc. for Gladstone Public Safety dispatching. Councilman Les Smith seconded. The vote: All “aye” - Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-01-27, declaring certain unused City-owned property as “Surplus Property” and authorizing its sale to the highest bidder at auction or by sealed bid together with certain Abandoned and Unclaimed Property held by the City. Councilman Les smith seconded. The vote: All “aye” - Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-01-28, authorizing execution of a contract with Lexicon for the 70th Street Reconstruction Project in an amount not to exceed $454,137.22 from the Transportation Sales Tax Fund. (Project #0117) Councilman Les smith seconded. The vote: All “aye” - Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0)
Councilman Bill Cross moved for the LIQUOR LICENSE APPROVAL: Class “A”, 6 day a week Liquor by Drink License for Uncle Nebo’s, 7102 North Oak Trafficway, change of ownership. New Owner/Managing Officer: James Schneider. Councilman Les Smith seconded. The vote: All “aye” - Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0)
Councilman Bill Cross moved for approval of the TEMPORARY ONE DAY LIQUOR LICENSE for St. Charles Parish, 804 Shady Lane in connection with the annual auction, April 21, 2001, 6:00 PM - Midnight. Managing Officer: Paul G. Danaher. Councilman Les Smith seconded. The vote: All “aye” - Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0)
Item 11. On the Agenda. Communications from the Audience.
Galen Neil, 6010 North Wyandotte, said with the closure of North Broadway he has noticed some repair work being done in filling up holes on the north side of 61st Street, but he asks why the south side of the street has not also been repaired because there are a lot of bad holes on that side. He would appreciate those being taken care of because there is an enormous amount of traffic that is cutting through from either North Oak going to Broadway or vice versa.
Item 12. On the Agenda. Communications from the City Council.
Councilman Les Smith introduced his mother, Carm Smith, his wife Rhonda and son and daughter Jason and Jennifer who were present in the audience, and thanked them for all their support.
Mr. Smith congratulated George Nodler on his nine years of service to Gladstone and as a resident and business owner he thanks him for all his efforts during that time. He told Mr. Nodler he is proud to take his seat and is proud to call him a friend. Speaking to campaign workers who were present in the audience, Mr. Smith stressed that this campaign was not about him, but was about a group of people who truly care about and believe in this city and want to continue to make this city a great place to live, work and raise a family. Because of time constraints and not wanting to miss anyone, Councilman Smith asked for those who really care about the City of Gladstone to raise their hands. He thanked his supporters and told them he would do his very best to serve them well.
Mr. Smith said he looks forward to working with this Council. We just came through a tough campaign and hopefully that ended last Tuesday. He commits to doing all he needs to do to be a member of the City Council. Mr. Smith asked City Manager Kirk Davis to please pass along to his staff how much he is looking forward to working with all of them, and he suggests we get down to business.
Councilman Shirley Smith said last Saturday morning she attended a breakfast of the bi-partisan breakfast club and the subject discussed was forms of government. Kansas City, Missouri is contemplating a change in government form and Clay County is looking at a charter form of government change as voted by the people. It was a very interesting discussion and she thinks at some time in the future we should review what options we have for Gladstone’s form of government, and perhaps discuss it and see if we are still right with the form that we have.
Councilman Dan Bishop congratulated Councilman Les Smith and told him he obviously worked very hard in the campaign and put a lot of time, effort and energy into it which paid off for him. He congratulates him and looks forward to working with him.
Mayor Pro Tem Bill Cross said he would reiterate Mr. Bishop’s comments on welcoming Councilman Les Smith. We will miss Mr. Nodler, but know that Les will put forth just as much effort and hope that we can accomplish as much this year as we did the last.
Mayor Anita Newsom thanked her fellow Councilmembers for allowing her the opportunity to serve as Mayor during her last year on the City Council. She explained that in Gladstone, the Mayor is a titular title, you run the meetings and yes, you get the phone calls first when something is not going right. But it is also an honor to serve in this capacity which she appreciates. She certainly intends to do her very best by all of the city staff, and most importantly the citizens of Gladstone. She recognized her mother Lorene Newsom, her brother David Newsom and Cecile Davis who journeyed from Higginsville, Missouri to be with her this evening. She thanks them for their support.
Mayor Newsom also acknowledged receipt of the Annual Report of Services which the staff puts together. She said it amazed her at the amount of services given to our citizens with no larger staff than we have. As far as the term “getting the biggest bang for your buck”, the citizens of Gladstone certainly get that when you look at the data contained in the document. Not only is it a nice narrative document but it has some good hard statistics showing areas of change and improvements in the services provided to our citizens on an annual basis. This also gives us a good basis to work from as we start into our budget planning process and she thanks staff for putting it together.
Ms. Newsom asked if copies of the report are available to the public. City Manager Davis said they are and suggested individuals contact Diane Whitaker in the General Administration Department for a copy.
Item 13. On the Agenda. Communications from the City Manager.
City Manager Kirk Davis announced two upcoming events:
Mayor Newsom said she appreciated the green postcard recently sent to residents reminding of these two activities.
Item 14. On the Agenda. APPROVAL OF BUILDING PERMIT for tenant finish of 1,412 sq. ft. office at 4770 North Belleview, Suite 201. Applicant: Midwest Industries, General Contractor. Owner: Belleview Properties LOC. (BP# 01-0134)
Councilman Dan Bishop moved to approve the Building Permit for 4770 N Belleview, Suite 201 as presented; Councilman Bill Cross seconded. The vote: All “aye” - Les Smith, Shirley Smith, Dan Bishop, Bill Cross, Anita Newsom. (5-0)
Item 15. on the Agenda. CONTINUED PUBLIC HEARING: on a request to rezone property at 5800 N Oak Trafficway from C-2 to CP-3 Auto Trend, Inc. (File #1148) (Originally continued from 3/12/01 to 4/9/01)
Mayor Anita Newsom opened the Public Hearing and announced that it will be re-continued to the April 23, 2001 City Council Meeting at the request of the Applicant.
Item 16. on the Agenda. PUBLIC HEARING: on a request to rezone from COP to CP-2, property at 6902 N Oak. Applicant: Dominic Cocoa (File #1152)
Mayor Anita Newsom opened this Public Hearing and announced that it will be continued to the April 23, 2001 City Council Meeting at the request of the Applicant.
Item 17. On the Agenda. PUBLIC HEARING: on a request for a Special Use Permit on property at 7508 N Oak for operation of a Garden Center. Applicant: Kenneth and Anna Ryan. Owner: “Tony” Anthony Scare. (File #1151)
Mayor Anita Newsom opened the Public Hearing and explained the hearing procedure and invited the Applicant to make their presentation.
Anna Ryan, 509 SW 10th Street, Blues Springs, Missouri, introduced herself as the Applicant and advised that she and her husband, Kenneth Ryan are requesting this Special Use Permit until January 1, 2002. In the interim they will be operating a garden center at this location and applying for a rezoning and bring in an architect to the City with some plans for a permanent structure.
Gladstone Assistant City Manager for Development Scott Wingerson said as Mrs. Ryan explained this Special Use Permit would be scheduled to expire on January 1, 2002. He drew the Council’s attention to Condition #9 in the proposed ordinance which refer to the hours of operation from 8:00 am to 9:00 pm. Condition #12 requires that all materials for sale be located 30’ west of North Oak on the 30’ setback, except those within the existing canopy. Condition #13 requires that in the event that a zoning change is not applied for and granted by the City Council for a permanent operation, that the site will be restored to its current condition prior to any development whatsoever.
Councilman Cross asked if staff has seen any architectural plans yet on what is proposed. Mr. Wingerson said there are no plans yet, but the applicant and staff have been working closely on their application to move forward expeditiously.
Mayor Newsom noted that Condition #15 specifies that the southern drive shall not be used. It is her understanding that there are posts in the ground that will prohibit ingress and egress from there. Scott Wingerson said the posts will be reduced in height but they will remain in place.
Mrs. Ryan clarified that the posts have been cut off and are at 36 inches and they will use railing to make a country style fence along the front that bends along the south side of the property.
Mr. Wingerson also noted that the Planning Commission unanimously recommended approval.
There were no other persons desiring to speak for or against this application and Mayor Newsom closed the Public Hearing.
Item 17a. on the Agenda. FIRST READING BILL 01-17,
granting a Special Use Permit subject to certain conditions to Kenneth and
Anna Ryan for operation of North Oak Garden Center on property at 7508 N
Oak Trafficway. Permit expiration: January 1, 2002.
Councilman Bishop moved to place Bill 01-17 on First Reading; Councilman Les Smith seconded. the vote: All “aye” - Les Smith, Shirley Smith, Dan Bishop, Bill Cross, Mayor Anita Newsom. (5-0) The Clerk read the Bill.
Councilman Bishop moved to accept the first Reading of Bill 01-17, Waive the rule and place the Bill on Second and Final Reading; Councilman Les Smith seconded. the vote: All “aye” - Les Smith, Shirley Smith, Dan Bishop, Bill Cross, Mayor Anita Newsom. (5-0) the Clerk read the Bill.
Councilman Bishop moved to accept the Second and Final Reading of Bill 01-17 and enact the Bill as Ordinance No. 3.792; Councilman Les Smith seconded.
Mayor Newsom commended the Ryan’s on their decision to seek a special use permit to make the business operational with future plans for a new look for this business. It is a good idea and she will be voting in favor of the special use permit.
The vote: All “Aye” - Les Smith, Shirley Smith, Dan Bishop, Bill Cross, Mayor Anita Newsom. (5-0)
Mayor Newsom wishes the applicants good luck in their business plans.
Item 17b. on the Agenda. APPROVAL OF BUILDING PERMIT for Temporary Garden Shed at 7508 N Oak. Applicant: North Oak Garden Center, Anna Ryan. Owner: Tony Scare. (BP#01-0109)
Councilman Bill Cross moved to approve the Building Permit for 7508 N Oak; Councilman Dan Bishop seconded. The vote: All “Aye” - Les Smith, Shirley Smith, Dan Bishop, Bill Cross, Mayor Anita Newsom. (5-0)
Item 18. on the Agenda. OTHER BUSINESS.
Mayor Anita Newsom presented a flower bouquet to Mrs. Leslie Bishop on behalf of the City Council in appreciation of her understanding of the time required of Mayor Bishop in the performance of his mayoral responsibilities this past year. Referring to the birth of Mayor and Mrs. Bishop’s son Benjamin, Ms. Newsom said Mrs. Bishop certainly had a busy year bringing a new citizen to Gladstone as well as being the first lady of Gladstone. Leslie Bishop thanked the Council for their gift.
City Manager Kirk Davis presented flowers to Mayor Anita Newsom and told her the City Staff certainly looks forward to working with her and Mayor Newsom expressed her thanks as well.
Councilman Les Smith said he would be remiss if we did not recognize the term that Dan Bishop served as Mayor. He would have to say that his was one of the most energetic terms of Mayor that he has seen. He told Mr. Bishop that he certainly did a lot of good things for the City this past year. He said they did not always agree, but he hopes they will always be able to agree to disagree when appropriate. He told Dan Bishop that he did do a phenomenal job as Mayor and should be commended for that.
Mr. Bishop thanked Mr. Smith for his comments.
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There was no further business to come before the April 9, 2001 City Council Meeting and Mayor Anita Newsom adjourned the meeting. She cordially invited all to enjoy refreshments at the lobby reception honoring the City Council which is co-hosted by the Gladstone Chamber of Commerce and the City of Gladstone.
Marilyn F. Ahnefeld, City Clerk