CITY COUNCIL MEETING
MONDAY, AUGUST 27, 2001
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 AUGUST 13, 2001 MINUTES
Councilman Shirley Smith moved to approve the Regular August 13, 2001 City Council Meeting Minutes as submitted. Councilman Les Smith seconded the motion. The vote “Aye” - Councilman Les Smith, Councilman Shirley Smith, Mayor Anita Newsom. Abstain: Councilman Dan Bishop, Mayor Pro Tem Bill Cross. (3-0-2)
Item 5. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Councilman Les Smith moved to approve the Consent Agenda as read; 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-01-61, authorizing acceptance of the proposal of Foster Coach Sales, Inc. for the purchase of (1) 2002 model Med-Tec Ambulance on an International Truck Frame in the amount of $98,142.00 from the General Fund. (Includes $27,500. trade-in allowance on 1995 Ford Med-Tec.) 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-01-62, authorizing execution of a contract with Camp, Dresser & McKee, Inc. for the design of the 59th Terrace Drainage Improvement Project for an amount not to exceed $56,600.00. 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-01-63, authorizing the City Manager to accept a Bill of Sale from A.L. Huber Construction, Inc. and Rainbow Construction Underground Utilities conveying water line built to serve Commerce Bank, 6334 NE Antioch Road to the City for maintenance. 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 approve the FINANCIAL REPORTS for the month of July, 2001. 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.
Mary Rodman, 3407 NE 72nd Street, stated that she had two petitions to present. The first is from residents of Christopher Heights, Antioch Heights, Meadowbrook North, and NE 72nd Street between N. Antioch Road and N. Indiana. Residents in that area would like to have the intersection of NE 72nd Street and N. Indiana made into a four-way stop to make it safer for those entering and exiting N. Indiana. It would slow traffic on the new 72nd Street to the proper speed limit.
Ms. Rodman stated that visibility from N. Indiana is limited by the two hills on each side of the intersection. This makes it hazardous to turn onto, off of, or cross NE 72nd Street at this intersection. Crossing 72nd Street by foot is hazardous as well because she walks in the early mornings and it is dangerous. School will be starting tomorrow and many children walk to school and have to cross 72nd Street at this intersection. These children do not watch as carefully as adults and this is a hazardous intersection. These children and others would not be safe without a four-way stop or some type of traffic system.
Ms. Rodman stated that the second petition is regarding the remaining parcel of land (commonly known as 3405 NE 72nd Street) purchased as part of the 72nd Street project and what the City plans to do with the property. Residents of Christopher Heights and Antioch Heights would like to see the lot either made into a park or be deeded over to either of the two neighboring lots. Ms. Rodman presented the petitions to City Clerk Marilyn Ahnefeld.
Eric Forsman, 3101 NE 71st Terrace, stated that he too, would like to see stop signs put up at 72nd and N. Indiana. He said he had actually called City Hall and talked to someone a week or so ago about the poor visibility problem. He agreed that it would be a problem with school starting and children crossing the street at that intersection.
Galen Neill, 6010 N. Wyandotte, stated that in his neighborhood there is a vacant house at 208 NW 60th Terrace. The house has been vacant for at least thirty days and is for sale by ReMax. There is an above-ground pool in the yard with water in it. The water is now a green/black color and could be a breeding ground for mosquitoes. He has contacted Codes Enforcement and was told the owners were out of town and could not be reached. The utilities have been turned off, so the pump is not working in the pool. He asks if the pool could somehow be drained.
Mayor Newsom advised that Assistant City Manager for Development Scott Wingerson will contact the ReMax office about this problem.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Les Smith had no communications at this time.
Councilman Shirley Smith stated that she understands the issues of low visibility and traffic in her own neighborhood. There is a bush at 67th Street and North Oak that has not been cut down that obstructs the view onto North Oak.
Councilman Dan Bishop had no communications at this time.
Mayor Pro Tem Bill Cross had no communications at this time.
Mayor Anita Newsom stated that she had a list of items and first wanted to commend the City for participating in the Gold Medallion intern program with the three area high schools. These interns will be able to learn from our professional staff as they travel down their own career path.
At the request of Mayor Newsom, Assistant City Manager for Development Scott Wingerson provided the current status of the stormwater projects and noted that the top four projects were right on schedule.
Ms. Newsom asked City Counselor David Ramsay if he would check on the City’s ordinance regarding window tinting and whether it is compliant with the State of Missouri. Mr. Ramsay acknowledged her request.
Ms. Newsom asked Director of Public Safety Bill Adamo when the Muscular Dystrophy Boot Block event would take place this coming weekend. Director Adamo advised it was scheduled from 9:00 am to 2:00 pm on Saturday, September 1st.
Ms. Newsom also announced that the next Community Oriented Government Meeting will be held this coming Thursday, August 30th , 7:00 pm at the Gladstone Church of the Nazarene.
Mayor Newsom advised that the City Council had held Boards and Commission interviews prior to the Council meeting this evening. Interviews were conducted to fill vacant positions to three of our Boards and Commissions. The following position appointments are recommended:
Galen Neill, Tax Increment Financing (TIF) Committee, term expiring January, 2004.
Bob Frank, Recycling and Solid Waste Committee, term expiring December, 2002.
Eugene Suter, Recycling and Solid Waste Committee, term expiring December 2001.
Councilman Dan Bishop moved to confirm the appointments as read; Mayor Pro Tem Bill Cross 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 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis reminded everyone that City offices will be closed on Monday, September 3rd in observance of the Labor Day holiday. He also noted that the MML Conference is September 9-12th so there will not be a Council meeting on September 10th. Lastly, he invited everyone to attend the Kansas City Ballet in the Park performance at Oak Grove Park on August 31st beginning at 6:30 pm.
Item 9. on the Agenda. APPROVAL OF BUILDING PERMIT for 13,172 sq. ft. tenant finish for Disabled American Veterans Thrift Store, 6314 N Oak Trafficway. Applicant: Allied Retail Concepts, LLC. Owner: Botwin Family Partners.
Councilman Bill Cross moved to approve the Building Permit as submitted. 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 10. on the Agenda. APPROVAL OF BUILDING PERMIT for a 1,581 sq. ft. tenant finish for Stewart Title Company at 2601 Kendallwood Parkway. Applicant/owner: C.F. Curry Real Estate.
Councilman Dan Bishop moved to approve the Building Permit for 2601 Kendallwood Parkway. 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. CONTINUED PUBLIC HEARING: on a request for a Special Use Permit on property at 5800 N Oak. Applicant/owner: Auto Trend, Inc. File #1158 (Continued from 8/13/01 City Council Meeting.)
Mayor Anita Newsom opened the Public Hearing and explained the hearing process that the applicant will make their presentation, followed by those in favor and those in opposition, and lastly the City Staff Presentation.
Applicant, Debbie Freeman, Auto Trend, 201 S. Highway 7, Blue Springs, Missouri, said she and her partner request a Special Use Permit on this vacant property at 5800 N Oak for operation of Auto Trend, Inc. automobile dealership.
In reviewing the present state of the property, Ms. Freeman said they feel they have done a pretty good job of keeping up with the graffiti, parked trailers, and the trash. Russ Schworer next door at Amoco has been more than kind to call them when needed but the maintenance is quite a challenge. The huge canopy will be eliminated and pay phones that they inherited from Total are now gone and that took her almost a year to accomplish. She said the property itself is very challenging. It has a huge wall on the backend of the property that drops down into an apartment complex. It takes up 30 ft. of the property so when you look at the property you think there is a lot of property there just by virtue of the survey, but they lose 30 ft. on the back side and 25 ft. on the side with drainage and the wall which is what creates such a problem for the property. (She displayed pictures to the City Council).
Ms. Freeman said when they purchased the property, 60% of it was already zoned CP-3 so being the car people they are and not city people, they thought with half of it being CP-3 the rest of it would not be that hard to get zoned. Obviously they are not applying for zoning but a special use permit. There is a huge canopy which is an eyesore and they have a proposal in the packet that spends a considerable amount of money to remove the canopy and improve the property even on a special use permit to help Gladstone beautify North Oak because it is an eyesore and there is nothing more she can say about that.
They would also close an entrance right next to 58th Street on North Oak, there is also an entrance a little bit further north toward the flower shop. The one north would stay open, the one south would close. There would be a visibility triangle and a grassy area and she displayed a picture of what that piece it would look like when improved with a lot of very neighbor-friendly lighting, the canopy gone, green area, signage moved with the big ugly sign pole coming down. There will be wrought iron, short fencing rather than the galvanized plain fence. They would be putting considerable money into improving the property for Gladstone and for themselves and to create a business that is viable and a lot that would not have graffiti, trash, etc. as it does now.
Ms. Freeman said she went out today and took some pictures because there were some issues brought up at the Planning Commission about drainage on the next piece of property. She distributed the pictures which she apologizes for because they are not mounted. It is hard to capture things on film, the property does sit a little higher than the neighbors, as example the wall and other challenges of the property, but it is curved and all the water drainage on the lot goes to the back of the property and down onto a culvert type situation that was created when the property was originally designed. The fence is falling down and the neighbors climb up over the fence and knock it down every time they put it back up.
They have asked for a seven year special use permit, however she would amend that to five year if she could. She would like a little bit of time to recoup some of the expense that they would be putting out to renovate the building and update the façade. It is a small square building with holes in the walls at this point and they want to make the interior an office space. The canopy alone is a major ordeal to get down and an expensive ordeal with electricity. They ask that Council consider a five year permit to allow them to at least regain some of their expenses. At the end of that five year period, you have a piece of property that obviously is prettier, cleaner, neater, nicer and a lot better to look at than it is right now.
There was another issue brought up and she does have a letter from the Missouri DNR because there was a question about the gas tanks. The tanks have been gone for quite some time. She has a letter from B&K Terradex that is a lengthy study of the ground and a recommendation to Missouri DNR to put a “no further action” on the property. They have chosen to go ahead and watch it for the next two years and have a remediation agreement that if they want to come dig a well or something that they are allowed to do so. But there is an “all clear” on all the soil anywhere near and around where the tanks used to be. No runoff, no water table damage, nothing. She provided a copy to Council and noted that was a question at the Planning Commission and the letter is available for anyone who would like to see it. It is on file with the Missouri Department of Natural Resources.
The property being vacant for so long has created some problems with the neighborhood. There have been some trailers parking there but she believes they have remedied that by sending one of their personnel up every evening to sit on the property. There has been quite a loitering problem and she has talked to the police about it and tried to control it, but as a vacant property it is hard to keep up with it.
Ms. Freeman said she has a couple of letters from several individuals who were not able to come tonight. Mr. Russ Schworer who owns the Amoco Station next door, and Mark Collins who owns Buzz’s Hi-Fi and are both neighbors to the south. Mr. Schworer has been a good neighbor and would like to see them next door and so would Buzz’s Hi-Fi.
Mayor Newsom asked if the current gravel/river rock will be replaced by grass.
Ms. Freeman said yes and they will use sod not seed. Ms. Freeman said this will be easier to maintain with a lawn mower and weed eater and as she said you can go up and down N Oak and the car lots have that ugly fencing to keep the cars from rolling off the lot. They have proposed a fancier look to the fencing and the lighting. She and her partner have talked to Mr. Wingerson and others and they would like to improve the facade but there is a point on a special use permit when you say where do you stop, that would be in future plans if there are future plans.
Councilman Bishop said Ms. Freeman referenced purchasing the property over a year ago and he trusts the property was bought subject to a zoning change or conditional use permit. Ms. Freeman responded that she would like to say that they were smart enough to do that. It was in the contract that it was subject to a zoning but there was also a provision for a 45 day close. There comes a point where half of the property being zoned CP-3, and you have a very large firm that you are dealing with, and a partner who lives in Gladstone, and nine people on a waiting list, and she followed this property for 2 ½ years with Total personally trying to get into Gladstone. Thinking all of that, with 60% of the property being CP-3, and it’s been sitting there vacant, you roll the dice and you attempt to create a situation that would make Gladstone want them to be in business up there, and so that is what they did.
Ms. Freeman said, so good or bad, that is what happened and a year later here she is.
Larry Whitton, 3308 NE 70th Street, advised he is probably the oldest or next to the oldest businessman in Gladstone. He is in favor of this proposal. It is presently an eye sore and not making the City one penny right now and there are too many vacant spots all over the city and for the sake of economic development, he hopes the Council approves this.
David Hartman, said he is the owner of Royal Transmission at 72nd and N Oak and he has done business with Auto Trend and Debbie Freeman since 1993 and they have been excellent to do business with. He said it would be an asset to have them in Gladstone and stated Ms. Freeman is a very fine lady.
Mary Abbot, 5905 N Broadway, said for all the reasons that have been stated tonight she supports this application. It is a really a problem down there and this would take care of it temporarily.
Tim Dougherty, identified himself as the son of Tom Dougherty who owns Gladstone Dodge and stated they are in opposition to this application. He said, as we may know, his dad applied to purchase this property about a year ago when it was up for sale and when he investigated he learned that the city leaders really did not want another car lot there so he respected that and decided not to pursue it any further. He sent him here to say that he wishes the Council would respect that in reverse as well.
David King, Oregon, Missouri, said he is here with his wife, Dorothy and they are the owners of property at 5808 N Oak which is the flower shop just north of this proposed site. They are here tonight in opposition to this special use request. Should this proposal be granted, their tenant, Gladstone Flowers would be significantly damaged. It will impact their rental income upon which they depend for their living as well as lowering the resale value of their property. They agree that this property is unsightly and something needs to be done to convert it into a viable entity which will be pleasing to the eye and will provide economic value and employment to Gladstone. As proposed, the used car lot will have vehicles parked across the front, down the middle and across the north side of the property. This will effectively block the view of their property, Gladstone Flowers, from the northbound traffic. Since 60% of the customers to Gladstone Flowers are northbound, this proposal will significantly and immediately affect the business available for their tenant. Subsequently, it will lower the rental value and resale of this property.
Mr. King said there is a second and more important way that this proposal will negatively affect their property. After hours the lot gates will be closed. People like to look at cars when there are no salesmen around. There is not any street or other parking available except their lot. The result will be that they will use their facilities when there is no one around to supervise this activity. Their almost 50 years of experience at this location has taught that after hours use will invite litter, vandalism and crime. They have experienced all of these during their time at this location. They welcome change and improvement and they certainly are not opposed to this property being used for a business. They are opposed to a used car lot at this location.
At this time, Mayor Newsom called for the Staff presentation.
Assistant City Manager for Development Scott Wingerson, said he would draw our attention to a couple of proposed conditions in the draft ordinance. First, the dumpster area will be enclosed with materials used in the construction of the primary building; the hours of operation are limited, a free-standing sign is used which will be monument style as Ms. Freeman talked about. Also, as Ms. Freeman mentioned, there is a requirement that the driveway be closed. He noted the Planning Commission voted 2-yes 6-no and one member abstained. Mr. Wingerson invited questions.
Mayor Newsom asked if the hours of operation (6:00 am - 10:00 pm) are the standard hours of operation for other similar businesses. Mr. Wingerson said it is very consistent with the other businesses. It may be a little bit early but that was their request so they could get there before business comes and do their clean up, etc. Ms. Newsom thanked him for the explanation because it seemed quite early to her.
The were no others desiring to speak for or against and Mayor Newsom closed the Public Hearing.
Item 11a. on the Agenda. FIRST READING BILL 01-31, approving a Special Use Permit on property at 5800 N Oak for operation of Auto Trend, Inc., subject to certain conditions. Applicant/owner: Auto Trend, Inc. (File #1158)
Councilman Les Smith moved to place Bill 01-31 on First Reading; Councilman Shirley Smith seconded.
Mr. Smith said he has been watching this project before the Planning Commission for quite some time and then as it came forward to the City Council and would like to request that perhaps the Council give first reading this evening, so there is time to explore an issue with legal Counsel regarding the special use permit.
Mr. Smith said he is in favor of giving the applicant a three or four year special use permit for various reasons, one of which is to take an abandoned dilapidated property along North Oak to clean it up, remove the canopy, remove the sign pole, fix up the building, close the driveway onto Oak Street and make it a viable entity for the period of the special use permit, and quite frankly showing some compassion for the people who bought the property, right, wrong or indifferent, without it being contingent. Perhaps giving them an opportunity to recover some of their investment while another use for the property might be looked for. It also takes a property which is an eyesore for our city and puts a viable entity on it. He would like Legal Counsel to explore this because he does not want to get into a trick bag like we have in a couple of properties of having a special use permit for a specific period of time and then not being able to get rid of the folks, quite frankly. He would like this permit to be a one-time only, one shot, special use permit and at the end of that special use permit they have the opportunity to apply for a rezoning, or quite frankly, need to vacate the property. Mr. Smith said he does not have the answers to that question and he would like to give it a first reading and get to that point.
Councilman Dan Bishop said he is inclined to be supportive of Councilman Les Smith’s suggestion. This is a tough issue for him. There is no denying that the way the parcel looks is definitely an eyesore. Only a very strange person would find the way the lot currently looks to be aesthetically pleasing. It is not desirable to have vacant lots in the city that are generating no appreciable income for the City and are unattractive. It is very difficult as a Council, and for him personally, to not pay significant attention to the recommendations of the Planning Commission. And here we have a recommendation of the Planning Commission to disapprove this special use permit and he thinks it is based on some very sound reasons. Yes, this does constitute economic development but during the last year we had a series of meetings on economic development and are just in the final stages of completing a North Oak Corridor Master Plan that HNTB is doing for us. While this is economic development, it is not the type of economic development that the majority of the citizens of Gladstone that he is talking to tell him they want. Just tonight, Board and Commission interviews were held and the Mayor always asks the magic wand question to applicants: “if you had a magic wand and could change one thing about the city what would it be”. He would say that 80% of the people respond that they would like to see North Oak improved with a better variety of retail and no more car lots. They hear that from 80% of the people to whom that question is posed, so that makes it very tough to know there is that kind of sentiment out there and also when you have the Planning Commission saying don’t do it, to be supportive. However, he does have sympathy for Auto Trend who purchased this lot and he appreciates the argument that some kind of economic development is better than none.
Mr. Bishop said Councilman Les Smith mentioned the possibility of 3-4 years but he could not be supportive of more than three years. That would be the absolute maximum. He feels so strongly about that, that he would not vote for it for four years. He does not know if there is even sentiment on the Council to even do three, but he would be supportive of a first reading tonight and waiting until our next meeting which is the second Council meeting in September to see if we can agree to a revised special use permit that would allow for three years and would be absolutely certain that it would not be renewed at the end of three years.
Councilman Bill Cross said the original request was for seven years and Mrs. Freeman said she would go for five and now he is hearing three and four. He concurs with Mr. Smith and Mr. Bishop and is willing to look at it. When Ms. Freeman said five years it had a little more appeal to it, but he hates to see them invest that money and fix it up, but we hope it is a great success because the more cars they sell the better off we all will be. He agrees with Councilman Bishop when the Planning Commission says “no”, it certainly sends a red flag to him to be very, very hesitant on this, but just listening tonight has made him think much more than he ever thought he would about this situation.
Councilman Les Smith said a couple of other upsides we have is that we have testimony from some business owners in our community who will do business with these people which is a good thing. He agrees with Dan and those residents we spoke to earlier that our overall plan not only for North Oak but also other commercial corridors is to try to encourage larger tract development. He understands, agrees, and supports that, but nothing there or anywhere is going to happen over night. This gives us an opportunity to make a going concern out of a dilapidated site. There is some benefit to that and it serves the benefit of the applicant as well. He is hoping, by giving this first reading and perhaps Legal Counsel working out those issues, that we can come to some consensus on what the term might be. This would allow us to keep the door open when we get to that point.
Councilman Shirley Smith said this is very difficult because we are in a transition stage and trying to have a vision, yet we do not want to endanger what we can have along there. She is more concerned about the absolute no renewal than the number of years. In three to five years we hope to see an appreciable difference along North Oak. She would be much more concerned with an absolute no renewal and give them a chance to make their money back. She does not care whether it is three or five years.
Councilman Bishop stated that he sees this as a definite exception. If we approve this as an exception to where we want to go on North Oak because this does not conform to what we are hearing from the North Oak Corridor Study and what citizens want which is what troubles him the most about it. Councilman Shirley Smith makes an excellent point. We know where we want to go on North Oak, but we are not going to get there tomorrow, and we know the Master Plan has targeted two other areas along North Oak, specifically Gladstone Plaza and the downtown section which would be recommended for top priorities. We now have an excellent Economic Development person in house who is eager to redo North Oak all at once which isn’t going to happen, but three years will give us some use out of it and approve the appearance, but he does not want to get locked into it longer than that.
Councilman Bishop stated that he wanted to speak to Mr. Dougherty’s comments and he sympathized with that and wanted to state on the record that he did not know anything about Mr. Dougherty’s father approaching the City and wanting to purchase that parcel of land. He is looking at it for the first time in this proposal.
Mayor Newsom stated that she would not be able to vote for this proposal today, next week, or a month from now. She understands Ms. Freeman is a very astute business woman and when you buy a piece of property you take certain inherent risks with it. Along with this, when she looks at the proposal, it looks nice on a piece of paper, but is not ultimately what we want there. The 1993 Comprehensive Plan suggests a different kind of use and we are looking at over-utilization of property without the required setbacks that are needed. We are putting ten pounds of potatoes in a five pound sack. This is not the best use for this piece of property and she will not be voting for it at this time or any subsequent time.
When we are putting a special use permit out three-five-seven years, we cannot put a finite limit on it because another council is going to come behind us and overturn the decision and move on. Once something is in place, it is very hard to remove it. She knows that Ms. Freeman, being the very astute business woman, that if this piece of property is not being used in this capacity, she is creative enough to find another use or another market to expand to another business line that would be compatible in this area. She does not feel it fits the comprehensive plan for the City and will not be voting for it. It is too much for this piece of property.
Councilman Bishop stated that he agrees with everything Mayor Newsom has said. And told the Mayor that for the record, after legal counsel advises this Council on the issue, if he is not satisfied that it is going to be for three years only that he will be voting with her.
The vote: All “aye” – Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0) The Clerk read the Bill.
Mayor Newsom stated that the second reading will be at the next Council meeting on Monday, September 24th, 2001.
Item 12. on the Agenda. PUBLIC HEARING: on a request to rezone property at 6902 North Oak from CP-O and CP-2, to CP-3. Applicant/Owner: Dominic Cuccia (File #1160)
Mayor Anita Newsom opened the Public Hearing and explained the Hearing process that the applicant will make their presentation, followed by those in favor and those in opposition, and then from Staff.
Stuart Wieland, from Svetlic, Wieland, and Wemhoff, 5716 N. Broadway, stated that he was pleased to be here to represent The Better Wash Car Wash. The proposed location of the car wash for automotive beautification is 69th and North Oak, here in Gladstone. He stated that the Council’s first question would probably be whether Gladstone really needs another car wash. He thinks the answer you will see by the end of the evening after Mr. Cuccia’s team addresses Council, is that this is going to be a better car wash, quite simply. We have the Olympic Car Wash to the south that is mostly self-service and we have a smaller car wash to the north and you will see that this enterprise is going to be much different and obviously much more aesthetically pleasing and going to serve the needs of the community very well. Right now, most people who want a car wash and who don’t want to wash the car themselves, will go down to Burlington at the simonize in North Kansas City. They don’t need our dollars down there. With this proposal, this should be a win-win situation for both Gladstone and Mr. Cuccia.
He said Councilman Bishop made a perfect segway that at this point, this particular piece of property is being used as a car lot. Anyone who passes by will see that it is really not a very attractive use for the property right now. As you will see here tonight from descriptions from the teams is that it will be a very attractive location on North Oak. The nice thing about it, and Mr. Lange will tell you more about it, if for some reason it does not work out as a car wash, it can easily be converted to a business and office space.
The initial concerns of the Planning Commission have been met. There was an initial concern about a thirty-foot setback and that has been conceded essentially; there will be a thirty-foot setback. The concealment of the tunnel carwash from North Oak was a rather large concern and with the cupolas and façade on the front, that has been satisfied as well. The traffic impact, which everyone was concerned about is going to be dealt with very well by the traffic impact team and you will hear from Mr. Alan Michaels from LHE about that. The traffic impact will actually improve rather than detract on North Oak.
Mr. Wieland stated that lastly, in working with Mr. Cuccia, anyone who knows Mr. Cuccia and has eaten at his restaurant knows he is a proven commodity here in Gladstone. He is a standup business man and has been here since 1967. His restaurant has gotten rave reviews and will bring the same kind of quality-minded approach to this project that he has to his restaurant.
Mr. Wieland then introduced the project team: Mr. Alan Michaels, who will be discussing the traffic impact; Todd Polk, engineer who will be talking about the engineering that went into this project; and finally, Mr. Joe Lange, the architect who will be telling you about the physical aspects of the structure.
Mr. Alan Michaels, LHE, Lenexa, Kansas, stated that he wished to speak about the traffic impact study that has been prepared for The Better Wash Car Wash at 69th and North Oak. They were given the task of determining whether this was going to work. The analysis has been done with the best practical methods and has been reviewed and approved by the City engineering staff.
The first task in preparing this study was to look at the existing traffic on North Oak. Everyone knows there is quite a bit of traffic. Staff requested analysis to look at traffic during peak business hours on a Saturday. They felt like that traffic would be the most intense that would use this car wash or any other retail offices for businesses on North Oak. The analysis was made during the hours of 11:00 AM and 1:00 PM on a typical Saturday. Peak hour traffic counts recorded approximately 1,100 vehicles in one direction and 1,200 in the other direction, almost a fifty-fifty split. The intersections that were looked at were 70th and North Oak and the entrance to Auto Zone which is indicated in the plan to serve as a shared entrance for Auto Zone and The Better Wash Car Wash. They have found at the intersection of 70th Street that it operated at a service level of “B” by traffic engineering terminology. There are six levels of service, A through F with A being the best and F being the worst. B is a very good level of service. The intersection of North Oak and the entry drive operated at the B level with the exception of eastbound left and right turn wanting to come out of the Auto Zone and turn left was creating quite a problem and reduced that level of service to a D. If anyone tries to turn left out onto North Oak, it does not work very well and can be somewhat dangerous. That is the criteria that we started with at that site and are looking at generating more traffic where there are potential problems.
They asked Mr. Cuccia what his anticipated maximum capacity for this facility would be at the busiest time. Mr. Cuccia indicated the facility could handle 100 cars per hour through the car wash. These figures were verified by another car wash in Kansas City with very similar characteristics to North Oak and they did get about 100 per hour. This rate translates into 100 cars in and 100 cars out with a trip count of 200. Based on this level of service, the analysis showed that the 70th & North Oak intersection is not impacted.
The concern, as expected, is the traffic at the entry drive and North Oak. Vehicles wanting to exit and turn left could not do it until later in the day. Traffic would stack up to the back of the property. The study recommended no left turn during the peak hours. There is no specific design in the report to state how that should occur. It is open for discussion with the design engineers that would actually design the entry drive as well as the City engineer to make a recommendation. They did offer some recommendations for ways to deal with that situation, one being a sign that established hours when left turns would not be allowed. Another option was dealing just with the entry drive and the installation of an entry island that would force traffic to turn right and not allow a left turn at any time of day or week. Staff was asked to investigate if vehicles forced to turn right in non-peak times would either go around the island if there was no traffic on North Oak or they may go down to the next intersection and make a U-turn which would leave you either adding a sign prohibiting U-turns or making sure it is safe for vehicles to do so. That safety issue was not included in their analysis, but he would advise from an engineering standpoint that it be looked into.
The other issue that was looked at was that vehicles could turn left into the entry but would require a channelized left turn lane that would pull them out of the through traffic. They did not feel it was safe for a vehicle wanting to turn left with traffic on North Oak at those speeds. Based on the general accepted criteria established, we made a recommendation in the study for a left turn lane for a given length and given taper which is in the site plan before you tonight.
The last recommendation deals with the same issue, but for a right turn lane for southbound traffic turning right into the property. There are some geometric constraints associated with this particular entry drive. Specifically, the intersection of 70th & North Oak. With this type of turning volume, we would typically be looking at some sort of right turn deceleration lane that would pull vehicles out of the traffic to provide a safer, more effective right turn movement for vehicles entering the site. The concerns were people slowing down for the turn as they passed through the intersection and creating problems for other vehicles as the light changes, and cars coming through and misuse there. They discussed with staff and offered an alternate solution in the study that basically dealt with an increased tapered radius that would allow the southbound right-turning vehicles to exit North Oak a little bit faster with the right turn lane. The design was not presented in the study but is incorporated into the site plan before you tonight.
Mr. Michaels stated he would be happy to answer any questions and has basically presented a general outline of the study. This has been a rather hot item of discussion at the Planning Commission meeting as the minutes reflect. He feels that questions were answered at the Planning Commission meeting in such a way that they received unanimous approval. The concerns that were raised at the last meeting dealt with traffic potentially stacking and stacking out of the site, but they do not anticipate this to happen. He would be very happy for Dominic if this were to happen, but it is not anticipated. It should operate just fine with the amount of stacking provided on site. It does meet the required codes and should operate and function just fine. They found that with their analysis, the addition of the channelized left-turn lane and prohibiting left turn out of the site and adding the right taper, we actually improve the overall level of service at the intersection. We feel comfortable in making the recommendation and approve this with the recommendations contained in the study.
Mayor Newsom asked about the southbound traffic entering the taper, her concern is the line of site and not enough of a rise or hump in the road that would eliminate a higher rate of speed where someone coming down to make a right turn into the car wash may get tail-ended by not seeing them.
Mr. Michaels stated he understood and it was not an issue that was raised with staff to investigate and therefore was not included in the study and he is not sure what the site distance is overall. It is far enough away from where they are making the taper, just from a visual, that it would meet the current criteria for stopping and deceleration site distances required to make that turn, more so than if they were doing it closer to the intersection to get into a turn lane. He does not have the exact numbers on the distances but knows it is within the ASHTA requirements.
Councilman Shirley Smith pointed out that during the presentation to the Planning Commission it was stated that there were no left turn signals on North Oak. There are left turn signals at Englewood, Shady Lane, 70th, 72nd, and 76th Street. She pointed out it is safe to drive here.
Ms. Smith said traffic was one of two things she was concerned about and has given this a lot of thought. She too, was one who would go down to North Kansas City to the car wash and wait for blocks to get in. The stacking situation does not occur that many times a year. When there is snow, salt, and mud, everyone wants to get their cars washed as soon as the sun comes out. It is not a constant problem. Secondly, people accept the fact that we sometimes have to wait when buying gas or going to the car wash. Lastly, it appears this will be a pretty pricey car wash, not meant for those on fixed incomes. The targeted market is not for volume of cars. For those reasons, she minimizes the traffic problems with those arguments. Ms. Smith also stated that she does not feel there will be a problem with stacking and speeding traffic as people drive along North Oak and turn into the car wash.
Mr. Michaels thanked Councilman Shirley Smith for the correction.
Todd Polk, Phoenix Engineering, Box 4015, Blue Springs, Missouri, stated that his task was to work with the boundary lines. His concern is getting traffic on site and getting them through the car wash during peak times. There are 32 stacking spaces for cars waiting for the car wash and 8 inside the tunnel which brings the total to 40 cars which easily handles the 100 per hour estimated volume.
One item brought up during the Planning Commission meeting was the stormwater and how that would be handled. The preliminary stormwater study shows the current site being used as a car lot and is 70% asphalt with no detention. The plan is to reduce the flow coming off the site by 65% by use of an oversized inlet in this area that will act as an underground detention basin so they can reduce that flow onto the neighboring property and North Oak. There will be no adverse affect on neighboring properties regarding water issues.
One of the aesthetic portions of the site is the tiered modular wall system, basically five-feet walls with four-foot setbacks for landscaping. It will still be a tall wall, but will have some aesthetic features incorporated in a corner with a curved wall as it tapers to the north. There will be one modular retaining wall on the north side, but will be pleasing to look at.
There will be eight vacuum stations at this facility located at the end of the car wash which will not be visible from North Oak.
Another concern from the Planning Commission was what would happen if this business ceased to be a car wash. An alternate parking plan was designed for an alternate use. With minor conversions of the parking lot, there would be spaces added and modification to the wall to allow for parking to meet City requirements if the use changed to retail or office space. What is now the facade for the vacuum stations, the vacuums could be removed and become carport parking as well. Mr. Polk then asked if there were questions.
Councilman Les Smith asked Mr. Wingerson if he could confirm that there would be adequate parking spaces for alternate retail use. Mr. Wingerson replied yes.
Councilman Les Smith confirmed that it did include the realignment of the wall and parking on the south. Mr. Wingerson stated that yes, the gross square footage, one per thousand would comply with current ordinances.
Joe Lange, Design Development Group, stated that over the years they have done about six car washes and car washes always seem to receive a lot of bad press. In Indianapolis, their research showed that they have 82 car washes in the City and many are quite beautiful in and around churches and schools. Their firm did all the work at Travel Clean in North Kansas City and the Quick Lube is probably one of the most beautiful he has ever seen and quite unique with oak and marble floors.
The biggest problem with car washes is egress and car stacking. The best pieces of property were the long narrow properties and the reason is the car stacking. As Councilman Shirley Smith stated, the worst times with stacking are very few.
When they started to design the project, the primary concern of the City was that there be no vacuums seem from North Oak. After going over this a few times, they designed a carriage-house type of design on the front or a false façade which is a three-sided building that is open to the back.
The first structure you see from the street is the three-sided carriage-house structure. It was designed that way in case the car wash did not make it and could be converted into a retail office building. Along with the way the tunnel has been designed with the windows and sliding glass doors, it could easily be turned into a retail or office facility. The building has a lot of glass block and masonry walls, metal standing seam roofs and lots of glass because it is important when people go through a tunnel car wash to have the glass as in the North Kansas City car wash. The north side will have a lot more landscaping because that is where cars will be stacked and we will do some of the green areas. They tried to meet all the requirements in materials in that all the materials are either glass, block, aluminum; it must be anything that does not rust. It is a wonderful facility that will last a long time. He stated he would answer any questions.
Councilman Shirley Smith commented that appearance was one of the issues important to her. Businesses come in and try to build on these little parcels and the presentations here show what we are trying to accomplish and you all have done an outstanding job. It looks like a very pleasing business and she has no problem with it.
Mr. Lange replied that they had done a car wash in Lee’s Summit and a council member stated that there were no car washes there, but they must think about the twenty gas stations with car washes and yes, they are car washes. Mr. Lange stated that one thing that is important in car washes is that they should be landscaped to the tee and that is what they try to do. The sculptured wall and the way the site sits with the elevation, the tiered walls will add great interest. As he said before, if you go to Indianapolis, the car washes are beautiful and can look as good as a school or church and that is what they try to do.
Mayor Newsom asked about the “block”. She stated that she has been a school teacher who knows about lots and lots of cinder blocks and does not want to see those on the outside of anything in town.
Mr. Lange stated that they are sculptured blocks, a shadow, keystone block. The blocks can be a number of different designs but it is not a flat block like a cinder block. There may be a flat block on the very back of the property where no one will see it, like most commercial shopping centers do. The front will definitely be a sculpture block.
Mayor Newsom stated that a few years ago, they got hood-winked with “painted blocks” and she refuses to go there again.
Mr. Stuart Wieland concluded by saying what a great job Dominic Cuccia has done in assembling this team of excellent professionals that have put this idea on paper and he would respectfully request Council’s approval of this project tonight.
No one wished to speak in favor or opposition of the proposal and Mayor Newsom closed the public hearing. .
Item 12a. on the Agenda. FIRST READING BILL 01-33, rezoning property at 6902 N Oak from CP-O, Non-retail District-Planned and CP-2, General Business District-Planned, to CP-3, Commercial District-Planned. Applicant/Owner: Dominic Cuccia (File #1160)
Councilman Dan Bishop moved to place Bill 01-33 on First Reading; 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) The Clerk read the Bill.
Councilman Dan Bishop moved to accept the First Reading of Bill 01-33, Waive the Rule and Place the Bill on Second and Final Reading; 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) The Clerk read the Bill.
Councilman Dan Bishop moved to accept the Second and Final Reading of Bill 01-33 and enact the Bill as Ordinance 3.802; Councilman Les Smith seconded.
Mayor Newsom stated that for the record she is always reluctant to go to C-3 zoning. The way it is configured as we will discuss in the site plan indicates the owner has done a very good job with the land and addressing the needs that have been presented before them.
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 12b. on the Agenda. FIRST READING BILL 01-34, approving a Site Plan in conjunction with a rezoning of property at 6902 N Oak Trafficway. Applicant/Owner: Dominic Cuccia (File #1160)
Councilman Les Smith moved to place Bill 01-34 on First Reading; 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) The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 01-34, Waive the Rule and Place the Bill on Second and Final Reading; Councilman Dan Bishop seconded.
Councilman Dan Bishop stated that when the applicant brought the proposal forward, it was an uphill proposition. It had a difficult intersection, a difficult lot, and he had a lot of doubt about this. They have risen to the challenge and heard the concerns of the Planning Commissioners and put together a sharp team of professionals and outstanding legal counsel in Mr. Wieland and he is proud to be able to vote for this tonight.
Councilman Smith stated he agrees with almost everything Mr. Bishop said and stated that this is how the process works with the Planning Commission and through staff and it has proven to be an outstanding project.
Mayor Newsom stated that the era of car washes being a metal building with two center poles is gone. Hopefully, this will mitigate that and put them in a car care facility and she looks forward to the success of this property. She also wanted to re-emphasize the point that we work on the shared access with the adjoining property owner and wishes the property could be accessed or linked up to the stop light at some point in time so that people that need to go north can move up to the stop light and find a way to do that.
Councilman Cross stated that Mr. Wingerson had a great deal to do with perfecting this project and it looking the way it does through his persistence.
Mayor Newsom stated that she agrees that persistent is the word for Mr. Wingerson.
City Manager Davis stated that Mr. Wingerson did a great job on this from the staff perspective and he has done a lot of studying and put in a lot of time on this project and he is happy Council recognizes Scott’s efforts.
The vote: All “aye” – Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem 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 01-34 and enact the Bill as Ordinance 3.803; Councilman Dan Bishop 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)
Mayor Newsom called a 15 minute recess prior to consideration of Agenda Item 13.
Item 13. on the Agenda. PUBLIC HEARING: on setting the annual rate of levy for the 2001 Real Estate and Personal Property Taxes within the corporate limits of the city of Gladstone, Missouri at $.57/$100 valuation.
Mayor Newsom opened the Public Hearing and explained the hearing process.
City Manager Kirk Davis advised the City’s assessed valuation is $301,139,969 which includes about $7 million in new construction personal growth and represents about a 3.22% increase. As a result, the maximum tax rate permitted for FY ’02 is $.57/$100 valuation which is no surprise and is consistent with prior years. From a budgetary standpoint, if you apply that $.57 tax rate to the $301 million dollar assessed property figure, it calculates with our collection rates to about $1,716,000. Mr. Davis noted the Director of Finance was very close, with our budget projection being only $6,000 off of the $301 million dollar assessment.
City Manager Davis noted the proposed Bill sets the 2001 tax levy at $.57 per $100.00 valuation and invited questions on the proposed levy. There were no further comments or persons desiring to speak in favor or against this proposal, and Mayor Anita Newsom closed the Public Hearing.
Item 13a. on the Agenda. FIRST READING BILL 01-35, setting the annual rate of levy for the 2001 Real Estate and Personal Property Taxes within the corporate limits of the City of Gladstone, Missouri at $.57/$100 valuation.
Councilman Shirley Smith moved to place Bill 01-35 on First Reading; 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) The Clerk read the Bill.
Councilman Shirley Smith moved to accept the First Reading of Bill 01-35, Waive the Rule; and place the Bill on Second and Final Reading; 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) The Clerk read the Bill.
Councilman Shirley Smith moved to accept the Second and Final Reading of Bill 01-35, and enact the Bill as Ordinance No. 3.804.
Councilman Bishop noted that typically staff has attached a chart showing a comparison of our levy rate with other municipalities. Director Sweiven said he did have the comparison chart available and will distribute it to Council. At $.57 cents, Gladstone is second lowest on the chart, however Raytown at $.47 cents does not include their fire district which, when added, would make us the lowest. Mr. Bishop said when you think about the level of service that the City is consistently able to provide here in Gladstone with such a low property tax rate, it is amazing and should be pointed out that the citizens are getting a lot for their tax dollars.
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 14. on the Agenda. FIRST READING BILL 01-36, approving the Final Plat of “Northaven Village Condominium Fourth Plat”, generally located at 6806-6836 N. Olive, and directing the appropriate officials to affix their signatures to the plat for recording. Applicant/Owner: Northaven Village Condominiums, L.L.C. (File #1163)
Councilman Bill Cross moved to place Bill 01-36 on First Reading; 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) The Clerk read the Bill.
Councilman Bill Cross moved to accept the First Reading of Bill 01-36, Waive the Rule; and place the Bill on Second and Final Reading; 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) The Clerk read the Bill.
Councilman Bill Cross moved to accept the Second and Final Reading of Bill 01-36, and enact the Bill as Ordinance No. 3.805. Councilman Dan Bishop 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 15. on the Agenda. FIRST READING BILL 01-37, an ordinance establishing the position of City Financial Advisor for the City of Gladstone, Missouri.
Councilman Dan Bishop moved to place Bill 01-37 on First Reading; Councilman Les Smith seconded.
Councilman Bishop suggested that we give one reading only and take no further action tonight because the more he looked at the bill this afternoon, the more questions he has. Mr. Bishop said he personally needs more time to understand this bill. The name of the position being established, City Financial Advisor, seems ill conceived because everyone at the Council table knows we have a City Financial Advisor in Mr. Greg Bricker, George K. Baum and Associates, who is introduced as such every time he addresses the Council. Mr. Bishop said so he is at least troubled by that position name, although the City Manager has informed him that Mr. Bricker will still maintain his responsibilities. Mr. Bricker was unaware of this position that is called for in Bill 01-37 and he thinks that from everything Council has been told, Mr. Bricker has done a fine job and he wants to understand more how this position would mesh with the job already being done by Mr. Bricker. There is a provision for compensating this new position from time to time and he does not know exactly what that would look like. And if in fact no compensation is to be given and it is free, he does not know why we need a new classification to get free advice because he thinks there are any number of people who are available to give free advise and oftentimes you get what you pay for. Councilman Bishop said he would be in favor of approving the first reading, but suggests going no further action on this Bill tonight.
Councilman Les Smith said for the record, he supports this bill 110% and most likely will continue to do so, but in deference to Mr. Bishop who was out of the city and only viewed this proposed bill for the first time today, he would concur with giving it only one reading tonight.
Councilman Shirley Smith said we have had several positions open for quite a while such as the City Counselor and Human Resources positions, and she just thinks this is a little quick to suddenly bring this out of nowhere and vote on it tonight and have it done, she would like to do a little more studying on it herself.
Mayor Newsom said like Councilman Les Smith, she also is 110% in favor of establishing the position and having this kind of independent individual to help with financial guidance of the City and basically opinions. And yes we all know that we can take opinions and either use them or ignore them, but she thinks the duties outlined in this job present some sizable responsibility to the City and provide some guidance and judgment that sometimes paid financial advisors don’t always come forth with. She is definitely in favor of this, but would also agree to give only one reading in deference to Councilman Bishop who had been out of the city.
The vote: All “aye” - Councilman Les Smith, Councilman Shirley Smith, Councilman Dan Bishop, Mayor Pro Tem Bill Cross, Mayor Anita Newsom. (5-0) The Clerk read the Bill.
Item 16. on the Agenda. OTHER BUSINESS
FIRST READING BILL 01-38, an ordinance providing for the assessment of an additional court cost by the Gladstone Municipal Court for the Crime Victims Compensation Fund pursuant to Section 595.045 of the Revised Statutes of Missouri.
City Counselor David Ramsay noted this was a late addition to the Agenda which was not included in Council’s packets. It was brought to his attention that the State Statute which provides for the Municipal Court’s collection of court costs in every case for the Crime Victim’s Compensation Fund, which is a State Fund, has been amended to provide for an increase in the court cost from $5.00 per case to $7.50 per case. Staff has presented for Council consideration an ordinance which increases the fee and authorizes the Gladstone Municipal Court to collect $7.50 per case for the Crime Victims Compensation Fund. The City retains $.37 cents of the $7.50 for administrative costs and the balance is paid into the State’s special fund for compensating crime victims who have no other means of recouping their financial loss and medical expenses.
Mayor Newsom asked if we also presently remit $2.00 in court costs to Synergy Services. Counselor Ramsay said that is correct and clarified that those funds are authorized by a separate ordinance.
Counselor David Ramsay advised that the State’s increase in the court cost for the Crime Victims Compensation Fund actually becomes effective Tuesday, August 28, 2001 which is also the effective date we have shown in our ordinance. There is a Municipal Court session this coming Saturday, so it was felt that we should get the increase on the books as soon as possible. Mayor Newsom thanked the City Counselor for bringing this matter to the City Council’s attention.
Councilman Les Smith moved to place Bill 01-38 on First Reading; 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) The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 01-38, Waive the Rule; and place the Bill on Second and Final Reading; 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) The Clerk read the Bill.
Councilman Les Smith moved to accept the Second and Final Reading of Bill 01-38, and enact the Bill as Ordinance No. 3.806 Councilman Bill 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 17. on the Agenda. Questions from the News Media. None.
There being no further business to come before the August 27, 2001 Gladstone City Council Meeting, Mayor Anita Newsom adjourned the Regular Meeting.
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Councilman Dan Bishop moved to adjourn to Closed Executive Session in the City Manager’s Office pursuant to Missouri Open Meeting Act Exemptions 610.021(1) for Privileged Communications & Litigation, and 610.021(3) for Personnel Discussion as posted. 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)
Marilyn F. Ahnefeld, City Clerk
Anita Newsom, Mayor