CITY COUNCIL MEETING
MONDAY, JULY 23, 2001
Mayor Anita Newsom called the Regular July 23, 2001 City Council Meeting to order in the City Council Chambers at 7:30 p.m.
PRESENT: Mayor Anita Newsom
Mayor Pro Tem Bill Cross
Councilman Dan Bishop
Councilman Shirley Smith
Councilman Les Smith
City Manager Kirk Davis
Assistant City Manager Laura Gay
City Clerk Marilyn Ahnefeld
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE
Mayor Anita Newsom led the Pledge of Allegiance to the Flag in which all joined.
Item 4. on the Agenda APPROVAL OF MINUTES
Councilman Les Smith moved to approve the Regular June 25, 2001 City Council Meeting Minutes as submitted. Councilman Bill Cross seconded the motion. The vote: All “aye” – Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0)
Item 4a. on the Agenda PROCLAMATION FOR NATIONAL PARKS AND RECREATION MONTH
Mayor Newsom read a proclamation designating the month of July as “National Parks and Recreation Month” in Gladstone, Missouri. The Mayor congratulated and thanked Parks and Recreation Director Steve Buschor who accepted the proclamation from the Mayor.
Item 5. on the Agenda CONSENT AGENDA
Following the Clerks reading, resident Mary Abbott, asked that RESOLUTION NO. R-01-53, expressing the support of the Gladstone City Council for the proposed Senior Housing Project being undertaken by AHM, Inc. to be constructed at Englewood & North Broadway be removed from the Consent Agenda for discussion.
Mayor Newsom advised it would become Item 5a. on the Regular Agenda.
Councilman Les Smith moved to approve the Consent Agenda as amended. Councilman Dan 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)
CONSENT AGENDA DETAIL
Councilman Les Smith moved to adopt RESOLUTION NO. R-01-50, authorizing the City Manager to accept a Bill of Sale from the Catholic Diocese of Kansas City - St. Joseph and Excel Constructors, Inc. conveying water line to the City built in conjunction with construction of St. Andrew’s Church Addition, 6415 North Antioch Road. (Improvements constructed entirely at the Developer’s expense.) Councilman Dan 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 Les Smith moved to adopt RESOLUTION NO. R-01-51, authorizing Change Order No. 1 to the 2001 Street Overlay Program in the amount of $35,420.55 and authorizing the appropriation of additional funds in such amount from the Transportation Sales Tax Fund. (Project 0201) Councilman Dan 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 Les Smith moved to adopt RESOLUTION NO. R-01-52, authorizing acceptance of work under contract with Fleshman Excavating for the Old Pike Road Reconstruction Project and authorizing final payment in the amount of $39,168.85 from the Capital Improvements Sales Tax Fund. Councilman Dan 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 Les Smith moved to moved to approve the Annual Liquor License Renewals as listed. Councilman Dan 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)
(Bubbles, 7407 N. Oak; Godfather’s Pizza, 328 NE 72nd Street; Margarita’s, 7013 N. Oak; Senor Tequila’s, 6502 N. Oak; Dominic’s, 6300 N. Oak; Donovan’s, 6825 N. Oak; Kwik Shoppe, 7603 N. Oak; Tortilla Flats, 5716 N Antioch; Stone Canyon, 6433 N. Prospect; Tommy’s, 6221 N. Chestnut; Mel’s Hideaway, 6948 N. Oak; The End Zone, 7632 N. Oak; Uncle Nebo’s, 7102 N. Oak; Phillips 66, 7303 N. Oak; Tropical Mexican Restaurant, 5941 N Antioch)
Item 5a. on the Agenda RESOLUTION NO. R-01-53, expressing the support of the Gladstone City Council for the proposed Senior Housing Project being undertaken by AHM, Inc. to be constructed at Englewood & North Broadway.
Mayor Newsom asked City Manager Kirk Davis to provide give an explanation of Resolution NO. R-01-53.
City Manager Davis stated that the developer had submitted earlier this year a site plan, plat, and developer’s agreement which was approved by the Council. Subsequent to that, the developer has been communicating with Missouri Department of Economic Development and Missouri Housing Commission. His application is still pending and he believes that with a resolution reflecting the full consent of the Council, his application will be stronger. Therefore, we put the Resolution on the Agenda based on the actions of the Council last spring.
Mayor Newsom asked Ms. Abbott if she had any further questions. Ms. Abbott asked if there were any changes in the plat, of if they had just wanted support.
Mr. Davis stated that was correct. The Mayor concurred and explained that the text of the Resolution basically says that the Planning Commission and Council have approved it and that everything is in order.
Councilman Les Smith moved to moved to approve RESOLUTION NO. R-01-53, expressing the support of the Gladstone City Council for the proposed Senior Housing Project being undertaken by AHM, Inc. to be constructed at Englewood & North Broadway. Councilman Dan 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)
Item 6. on the Agenda Communications from the Audience.
Pamela Baker, Missouri State Council Vice-President of Epsilon Sigma Alpha thanked the Council for allowing time on the agenda this evening to present their “Worthy Works Award”. Ms. Baker stated that this award is an International Award given by Epsilon Sigma Alpha to honor outstanding individuals for their contributions for the betterment of their communities.
Ms. Baker stated the individual we wish to honor this evening, you may know as a husband, father, businessman and Councilman. Tonight, we honor and applaud him for his exemplary service to others. Congratulations, Councilman Les Smith.
On behalf of all the members of Epsilon Sigma Alpha, we applaud you for your service to others. Your efforts are impressive, and the spirit in which your “Worthy Works” are accomplished will have a positive and lasting effect on those who have benefited directly by your kindness.
As a result of your caring and good example, our members in Gladstone have chosen you to honor for your “Worthy Works”. Your name will appear at our International Headquarters in Fort Collins, Colorado and you will be honored there accordingly. Please accept this award as our thank-you for your efforts along with our best wishes for continued success in your endeavors to benefit mankind.
Ms. Baker and other members of Epsilon Sigma Alpha then read and presented Councilman Smith with the ESA Proclamation (copy attached as part of the official minutes.)
Ms. Baker then proclaimed July 23 through July 29, 2001 as Les Smith Week, stating that she hopes everyone will join us in honoring Les in the upcoming week.
Councilman Les Smith accepted the proclamation and thanked Epsilon Sigma Alpha.
Item 7. on the Agenda Communications from the City Council.
Councilman Les Smith stated that he was probably still speechless and had no further comments.
Councilman Shirley Smith commented that last Thursday night she attended a dinner to honor many people, one of which was Charlie Byrd, who was our MML Civic Leadership Award recipient in Gladstone this year. Charlie Byrd is the type of person who, through the years, has worked for the City on many levels, has been involved in and officer of many groups and is one who tirelessly works and plods ahead and does things without any thought of reward or personal gain. It was a true, wonderful thing to see how much he appreciated that. His eyes were aglow, we were hugging him and shaking hands and getting our picture taken and applauding, and it really meant a lot. We think sometimes that it isn’t really much, but it is and reminds her that there are many people like that and her desire is to start remembering to say thank you to them more often.
Councilman Dan Bishop stated that with the last Council meeting being cancelled, it seems like it has been a long time since we were last assembled at the Council table. In fact, the last time we were here was before the 4th of July. At that Council meeting there was some discussion regarding the fireworks ordinance enforcement in the City.
Unfortunately, I think that because of some of the press coverage of the meeting and because of the way the discussion was described, possibly downstairs there was a perception among some of the Public Safety Officers, that the Council was critical of the job being done by our officers on the street. I just wanted to say on the record that it was certainly not my intention, nor do I believe it was anyone at this table’s intention, to be critical of our fine officers in the Public Safety Department. I think that what we had here was a policy discussion about that ordinance, about the way it has been enforced in the past and how it should be enforced in the future. I am truly sorry that it was not characterized as a policy discussion, but instead was characterized as criticism of our officers. I am regretful of that and I certainly would not want to be credited with being critical of our officers.
Mr. Bishop stated that it was also brought to his attention by a number of individuals that there are problems with enforcement of the current ordinance. He said he has not actually read the ordinance, but he thinks you have to actually catch the individual in the act of setting off the fireworks. That makes it difficult because if fireworks are being set off, but you can’t determine who’s doing it then it makes it difficult to enforce the ordinance.
Councilman Bishop asked if it is the City Manager’s opinion that possibly there are issues that make enforcement of the ordinance difficult as written. Then does this Council need to revisit that ordinance and look at possibly amending it or modifying it. He said he is not in favor of abolishing the ordinance and he has talked with Councilman Smith and he is certain he is not in favor abolishing the ordinance either. Mr. Bishop said he doesn’t think that is the right thing to do, but asks if can we do something as a Council to make enforcement easier if in fact it is the position of the City Manager that there is difficulty with enforcing the ordinance as it is currently written on the books.
City Manager Davis stated that he would be more than happy to look into the issue. He has not been made aware of difficulties in enforcement. He suggests that what Councilman Bishop characterizes would be pretty consistent with what he hears from the Court regarding other similar types of issues like code enforcement and dumping where it is very difficult to achieve prosecution when you don’t have a witness, or you haven’t seen it yourself, or you don’t have anyone who is willing to press those charges who can serve as a witness.
Mr. Davis said that it does not surprise him that there is that twist on it and will check to see if that becomes a prosecution issue of the court or whether it is an ordinance issue on our books, but would be happy to look into it. If there are any other issues we are not aware of at this point, we can certainly look at amending the ordinance.
Mr. Bishop stated that he does not want to act unilaterally if there is a desire on the part of the Council to look at the ordinance and to revisit that instead of coming back to this issue every year. If we’re beating up on the City Manager for increased enforcement and there is a problem with difficulty in enforcing, then it becomes an exercise in futility and we need to figure out what we can do differently. We just came through one Independence Day and maybe it’s not too early to start thinking about the next one and what we can do differently or what we can do better.
Councilman Bishop said he thinks the point that Councilman Les Smith made is so valid that there is no point having an ordinance on the books. This is the frustration he heard articulated at the Council table that there is no point in having an ordinance on the books that is just so widely flaunted. He asked what can we do to avoid that situation.
The City Manager answered that he understands where Council is on this issue and is not aware of any stated problem with enforcement, but will certainly look into it. In his opinion, after the Council discussion, he thought that ultimately the Public Safety Department did a much better job of responding to calls that day and dealing with the issue in somewhat of a customer friendly way. He stated that he was pleased overall with their response, but if there is some ordinance issue, we can certainly investigate that and bring back to the Council.
Mr. Bishop stated that maybe the next appropriate step would be to have a follow-up analysis from the City Manager whether the ordinance is appropriate and whether we should look at it as a Council. Councilman Bishop asked if we did increase the number of patrol officers on the street the night of July 4th or was it the standard number of officers on the street.
City Manager Davis stated that Sergeant Richard King could answer that question and what actions where taken.
Sergeant King stated that increased staff levels were assigned both for Oak Grove Park and for patrol. During a 2-3 day period The Public Safety Department responded to 145 fireworks calls. There was one shift that responded to nothing but fireworks calls on the 4th of July and no other calls for service were even requested.
Councilman Bishop stated for clarity that we had an increased number of officers on the street on the evening of July 4th, and asked how many.
Sergeant King stated that he did not know the exact number and City Manager Davis said that we would get back to the Council with that information.
Mr. Bishop commented that it would be a good thing to do.
Councilman Bishop stated that he also wanted to congratulate Charlie Byrd. He was an outstanding choice to receive the Missouri Municipal League Civic Leadership Award this year and Mr. Bishop said he was privileged to serve as a member of the Capital Improvements Board with Charlie Byrd, who was one of the original appointees to that Board. He learned a lot from him about how to be a better Capital Improvements board member and said he is pleased to call Charlie and Betty Byrd his friends and thinks that there could not have been a better recipient this year for that MML award. He thanked Mayor Newsom for suggesting Charlie for that recognition.
Mr. Bishop also expressed his pleasure in seeing the historic markers up both in Central Park and also on Old Pike Road. He thought the timing of the placement of the marker in Central Park was most appropriate because a reporter from Channel 41 came to town and he walked with him over to Central Park. Literally, the City staff people were just putting the finishing touches on the landscaping plants around the historic marker, so he was able to say “let’s step over here and look at this” and he noticed that that historic marker for Linden was shown several times during the report on Channel 41. That was great and he looks forward to planning the dedication of the other historic markers.
Councilman Bishop stated that he has received a number of calls regarding the proposed development off of 76th Street that is primarily in Kansas City and the closure, or the proposed closure, of Carmean Road. He had some dialogue with City Counselor Ramsay this afternoon and understands that Assistant City Manager for Development Scott Wingerson may have some good news on that front in that there will remain some access to M-1. He asked if Council could get an update on what might be happening in that area.
Assistant City Manager for Development stated that the project is generally referred to as “Renaissance in the Northland”. It encompasses property from north of 80th Street and M-1 all the way south to a small portion located in Gladstone. Last week the developer filed a preliminary plat for consideration by the City and it is in its notice stage as well as review stage. We have requested some supplemental information to go with the preliminary plat submission.
Concurrently with that submission were discussions about traffic control and actual construction of the project in Kansas City. What we believe to be the outcome as of today and reflected in notices delivered to area residents is a situation in which 80th Street and M-1 will be closed as well as Carmean Road; however, Agnes will be open and remain open from 76th Street to Barry Road through to Maple Woods Community College allowing the residents of Gladstone and Kansas City a road through the construction. Although Agnes is not a preferred route because it is fairly narrow and closed at times of high water with gates in Kansas City, Missouri. During normal occasions and certainly for emergencies to leave the area, that would be an acceptable alternative.
We believe the set-up of traffic control and the actual closure will be Wednesday, July 25th. There will be traffic control within the city limits of Gladstone in the area of Troost and 76th Street, Troost and 72nd Street, and 72nd Street and N. Prospect. Mr. Bishop asked if we know how long the road will be left open.
Mr. Wingerson said that it is still under discussion and not known at this time. The notices that were provided to residents suggested temporarily. We are hopeful that the developer will be able to physically leave Agnes open until they tie in the new Agnes or the bridge into Old Agnes and 76th Street. We will learn more about this as the preliminary plat moves forward as an item of discussion with the Planning Commission.
Mr. Bishop stated that he thinks that is a great improvement over what they were saying which was to close the road north of 76th Street so you couldn’t even get over the existing bridge. That was really a problematic situation in what it was going to do to increase the traffic flow on 76th Street which, as we know, is already in terrible condition. This is a good alternative and he told Mr. Wingerson he commends him and staff for working to see that there was some access left to M-1 and thanked him for the update.
Councilman Bill Cross said he agreed with Mr. Bishop that it seems a while since have met. Mr. Cross said he was absent from the previous Council meeting because he had the opportunity to go to Wichita and the surrounding area and teach a graduate class for teachers on juvenile criminology. He said he learned a great deal but it is a pleasure to be back.
Councilman Les Smith stated that he had just two items. He too served on the CIP Committee with Mr. Charles Byrd who is truly a great American. He was a good committee member and has been a good friend to a lot of us, but the fact of the matter is, he is just a good person and was a very good choice for the Missouri Municipal League award..
Mr. Smith said secondly, not to beat a dead a horse, but he does not feel that it is fair to leave Councilman Bishop as the lone ranger on the fireworks issue because he started the whole thing discussion. He told City Manager Davis that he should have received a letter that he sent by today, if not tomorrow. He too has asked for a review of the existing fireworks ordinance in order to make it easier, if you will, for our officers to find a responsible party for those that are violating the ordinance.
Part of that letter is to also to commend the Public Safety Department and Director Adamo for stepping forward this year and enforcing the ordinance in a proactive manner in the way that was intended. He said Councilman Bishop made very good points and he is exactly right as to what our criticisms were, they were not of the officers and the way they did their job, but the direction of the policy guidelines that were established for them. It is not a bad thing, it’s just different than what we cared for and I think we have taken care of it this year.
Mayor Anita Newsom stated that she had fireworks on her list too, but first of all she wanted to commend Mr. Steve Buschor and the Parks and Recreation Department for pulling together another outstanding fireworks display. The finale was wonderful. It was a very nice evening and she thanks the Parks and Recreation staff.
Ms. Newsom stated that she too wants to commend the Public Safety Department for their increased efforts on enforcement of fireworks. I know it is something that has not been easy to enforce and therefore maybe hasn’t been enforced with such a high profile as we did this year. And maybe we started a little late in the whole process in notifying and reminding the citizens. We had a number of citizens that did not know that it was illegal and they couldn’t or shouldn’t be setting off the fireworks. Getting the information out earlier in the whole process is important, otherwise you have a parent who has gone out and spent a several hundred dollars on fireworks, then they feel they have no place to shoot them off and sometimes that doesn’t lead to an adult setting a good example for a child. The Mayor said she does think that we have done a commendable job of looking at how we can better enforce our ordinances, or how we need to maybe better craft an ordinance that makes it enforceable.
Ms. Newsom also stated that we had another incredible Theatre in the Park performance with Wizard of Oz and she is looking forward to Brigadoon in a couple of weeks. Again, that was another wonderful time for the public and free as well.
Mayor Newsom said she would like to commend staff for the update on the Organizational Health Survey. The progress report that we got in the packet a couple of weeks ago was good and it was nice to see that progress is being made on those issues.
Ms. Newsom stated that when it comes to saying “thank you” our thank you to Mr. Charles Byrd last Thursday night was just a small token of thanks for all that Charlie has done for our community, not only for the City, but for the community as a whole over the years. She said she was so glad that he and both his sons and spouses were able to attend.
The Mayor stressed that internally, a lot of things take place before an award like that can be presented. She thanked City Clerk Ahnefeld and Administrative Assistant Whitaker for dealing with all the details and the little extras that made the evening special for Charlie and his family.
Mayor Newsom stated that it looks like we are making a lot of progress on 72nd Street just north of City Hall. She asked what the status is on 72nd Street to Antioch Road.
Mr. Wingerson replied yes, 72nd Street from North Oak to Troost was milled today and will be overlayed later in the week. On the east end there are message boards stating that the street will be cleaned on Wednesday, the 25th and paved on the 26th. All thru traffic would be prohibited at that time, so that it can be cleaned, then paved the next day and striped. Then it will be open to traffic with all four lanes on Friday. There will probably be another two months of restoration and final work with the retaining walls and striping.
Mayor Newsom stated that we have some vacancies on boards and commissions that have been advertised in the area newspapers for applicants. We have received eight or nine letters to date and need to see what time frame will work for the Council to set up interviews for the people who have expressed interest. She asked if this would be workable prior to a Council meeting.
Council members discussed possible dates and times and set the interview date for August 27th prior to the City Council meeting.
Mayor Newsom noted that the MML Fall Conference is September 10th which is a Council meeting night. Depending on the number of Council members attending the conference, we could very well be without a quorum. If we are advertising public hearings, we need to advise Community Development if we cancel the meeting.
City Manager Davis agreed to check on proposed public hearings or other time sensitive agenda items and look at the need to cancel the September 10th meeting depending on Council and staff attendance at MML.
Item 8. on the Agenda Communications from the City Manager.
City Manager reminded everyone of the Community Oriented Government meeting at Antioch Bible Baptist Church on Monday, July 30th at 7:00 pm.
Item 9. on the Agenda FIRST READING BILL 01-29, an annual ordinance establishing a procedure for certain Gladstone Municipal Officials to disclose potential conflicts of interest and to comply with the personal financial disclosure requirements pursuant to the State of Missouri “Ethics Law”.
Councilman Les Smith moved to place Bill 01-29 on First Reading; Mayor Pro Tem Bill Cross seconded.
The vote: All “aye” - Les Smith, Shirley Smith, Dan Bishop, Bill Cross, Mayor Anita Newsom. (5-0) The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 01-29, Waive the Rule and place the Bill on Second and Final Reading; Councilman Cross seconded. The vote: All “aye” - Les Smith, Shirley Smith, Dan Bishop, Bill Cross, Mayor Anita Newsom. (5-0) The Clerk read the Bill.
Councilman Les Smith moved to accept the Second and Final Reading of Bill 01-29 and enact the Bill as Ordinance No. 3.799; Councilman Cross seconded. Roll Call Vote: All “aye” - Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0)
Item 10. on the Agenda FIRST READING BILL 01-30, repealing Ordinance No. 3.793 (Code Section 29-66(A), B(1) and B(2) and enacting new Sewer Service and Commodity Rate Charges in the City of Gladstone, Missouri.
Councilman Bill Cross moved to place Bill 01-30 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 Bill Cross moved to accept the First Reading of Bill 01-30, 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 Les Smith stated that he recalled the last time we dealt with this issue and compared water and sewer rates with other cities. Our forefathers had the foresight to build the water treatment plant way back when and we can only imagine what we would be paying for water and sewer if that had not happened.
Councilman Bill Cross moved to accept the Second and Final Reading of Bill 01-30 and enact the Bill as Ordinance No. 3.800; Councilman Les Smith seconded. Roll Call Vote: All “aye” - Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0)
Item 12. on the Agenda OTHER BUSINESS
There was no further business to come before the July 23, 2001 Gladstone City Council Meeting, and Mayor Anita Newsom adjourned the Regular Meeting.
Councilman Dan Bishop moved to adjourn to Closed Executive Session in the City Manager’s Office for Privileged Communication & Litigation Discussion as posted subject to the Missouri Open Meeting Act Exemption 610.021(1)
Marilyn F. Ahnefeld, City Clerk
Anita Newsom, Mayor