MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

MONDAY, FEBRUARY 24, 2003

 

 

 

 

PRESENT:     Mayor Bill Cross

                        Mayor Pro Tem Les Smith

                        Councilman Shirley Smith

                        Councilman Carol Rudi

                        Councilman Wayne Beer

 

                        City Manager Kirk Davis

                        City Counselor David Ramsay

                        City Clerk Cathy Swenson

 

Mayor Bill Cross opened the Regular February 24, 2003, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.

 

Item 3. on the Agenda.       PLEDGE OF ALLEGIANCE.

 

Mayor Bill Cross led the Pledge of Allegiance to the Flag, in which all joined.

 

Item 4. on the Agenda.       APPROVAL OF REGULAR FEBRUARY 10, 2003, CITY COUNCIL MEETING MINUTES.

 

Councilman Carol Rudi moved to approve the minutes of the Regular February 10, 2003, City Council Meeting as submitted.  Councilman Wayne Beer seconded the motion.  The vote:  All “aye” - Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross.  (5-0)

 

Item 4a. on the Agenda.     PRESENTATION OF BOARD AND COMMISSION APPRECIATION PLAQUE.

 

Mayor Cross presented an appreciation plaque to William Duncan, who is retiring from the Planning Commission.  Mr. Duncan served on the Commission from January, 1991 to December, 2002.  Mayor Cross thanked Mr. Duncan for his outstanding service and stated that he will be missed on the Planning Commission.  There are members of the current City Council who served with Mr. Duncan on the Planning Commission.

 

Councilman Carol Rudi remarked that she remembers many site visits while serving on the Planning Commission.  Mr. Duncan was a valuable member of the Commission and was very helpful to his fellow Planning Commission members. 

 

Councilman Wayne Beer agreed with Councilman Rudi’s comments.

 

 

 

Item 4b. on the Agenda.     PRESENTATION OF CITIZENS FOR BETTER GOVERNMENT COMMITTEE APPRECIATION PLAQUES.

 

Mayor Cross invited Dick Davis and Larry Whitton, co-chairmen of the Better Government Committee to step forward to accept appreciation plaques for their work on the Committee that supported the Use Tax initiative.  Mayor Cross stated that Mr. Davis and Mr. Whitton were responsible for getting a volunteer group together to work for a period of six to eight weeks to support this worthwhile effort.  Mayor Cross thanked Mr. Davis and Mr. Whitton for their hard work and outstanding contribution to the City of Gladstone.

 

Mr. Dick Davis thanked Mayor Cross and City Council members, and remarked that it was an honor and a privilege to serve on this committee which was supported by a great City Council, City staff, Department Heads, and Tamie Mills, Public Information Coordinator.  The positive vote represents the citizens’ confidence in our City Council, City staff, and leadership.

 

Mr. Larry Whitton thanked Mayor Cross and City Council members, and stated that credit goes to Mr. Dick Davis for his hard work. 

 

Councilman Wayne Beer expressed his appreciation to Mr. Davis and Mr. Whitton, and stated that because of their leadership, the Use Tax was approved by the voters.  Councilman Beer stated that simply saying “thanks” is not enough, but offered a sincere thank you to these two gentlemen.

 

Councilman Carol Rudi stated that she would like to express her admiration for two people willing to take on something that includes the word “tax”.  Councilman Rudi extended her thanks to Mr. Davis and Mr. Whitton.

 

Councilman Shirley Smith thanked Mr. Davis and Mr. Whitton for a superb job in leading this Committee, and remarked that the City has been very fortunate, now and in the past, in having such outstanding committees who have gone out to the public to provide information and solicit support for initiatives. 

 

Mayor Pro Tem Les Smith thanked Mr. Davis for his kind words, and expressed his appreciation of the professional manner of Mr. Davis. Councilman Smith continued by saying it is a pleasure to be involved in government with Mr. Davis.  Mr. Davis deserves all the accolades he receives.  Councilman Smith thanked Mr. Whitton, and stated that he knows Mr. Whitton worked very hard on this committee.  The Use Tax revenues will certainly be appreciated by the citizens of the community.

 

Mayor Cross stated that it is good to know that the City Manager can be depended upon to select very competent and capable people whenever the need arises.

 

City Manager Kirk Davis stated that he is certainly glad that these two gentlemen (Mr. Davis and Mr. Whitton) live in our community, are dedicated to the community on a whole, and were willing to take on this task.  They both provided great leadership and it was a pleasure to work with them.

 

Item 5. on the Agenda.       CONSENT AGENDA

 

Following the Clerk’s reading, Councilman Rudi remarked that Staff did a very good job in acquiring the easements from property owners in conjunction with the 67th and Garfield Drainage Improvements.

 

Councilman Wayne Beer moved to approve the Consent Agenda as presented.  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross.  (5-0)

 

Councilman Wayne Beer moved to approve RESOLUTION R-03-15, authorizing acceptance of work under contract with Musselman & Hall Contractors for the 71st & Locust Street Reconstruction, and authorizing final payment in the amount of $6,111.49 from the Transportation Sales Tax Fund (Project 0223).  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross.  (5-0)

 

Councilman Wayne Beer moved to approve RESOLUTION R-03-16, accepting permanent and temporary construction easements from property owners in conjunction with the 67th & Garfield Drainage Improvements. (Project 0124).  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross.  (5-0)

 

Councilman Wayne Beer moved to approve RESOLUTION R-03-17, authorizing acceptance of work under contract with H2O’C Engineering, LLC for the 2003 Water Distribution Study and Hydraulic Model, and authorizing final payment in the amount of $12,500.00 from the CWSS 2000 Revenue Bonds. (Project 0293).  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross.  (5-0)

 

REGULAR AGENDA

 

Item 6. on the Agenda.       COMMUNICATIONS FROM THE AUDIENCE.

 

There were no communications from the audience.

 

Item 7. on the Agenda.       COMMUNICATIONS FROM THE CITY COUNCIL.

 

Councilman Shirley Smith stated that she is happy to see there are more festivities planned for retired City Clerk Marilyn Ahnefeld.  After her many years of service to the City, it is only fair to give her a proper “send off”.  Councilman Smith continued by saying she is looking forward to the upcoming trip to Jefferson City for the Missouri Municipal League Legislative Conference.  It is hoped to meet with legislators on issues that will benefit Gladstone residents.  Councilman Smith concluded by saying that although tomorrow’s election is for Kansas City residents, Kansas City does surround Gladstone, and many decisions made by Kansas City do have an influence on our City, and we will be watching the outcome of the election.

 

Mayor Pro Tem Les Smith remarked that the new microphones are quite nice, and thanked whoever is responsible for installing them.  Councilman Smith continued by saying that he is concerned about the temporary signs that go up about Midnight on Friday night that advertise furniture stores and so forth.  When they are on the right of way by his business property, he removes them.  Now that the City has two Code Enforcement Officers, what is the policy for weekend work.  Not only are the signs unsightly, but they advertise for businesses outside the City.  Sales tax may be lost by businesses in our City.

 

Assistant City Manager Scott Wingerson agreed that the signs are put up at Midnight on Friday or Saturday and removed by the business owners on Sunday.  City Staff tries to collect the signs over the weekend on behalf of the business and dispose of them properly.  It is the City’s policy to try to have a Code Enforcement Officer on duty at least two hours, and usually four hours, every Saturday, especially now that there are two Code Enforcement Officers.  However schedules did not allow for this over this past weekend.  There was someone on duty for approximately an hour and fifteen minutes, but unfortunately there was not enough time to get all the signs removed.  City staff is following up with two groups of people when these types of signs are found.  One is the business owner, whether or not it is inside our City, and the other is the marketing public relations people.  Courtesy notices and warnings are provided in accordance with City Council’s policy.  If the violation continues, the business owners will eventually receive a summons to appear in municipal court.

 

Mayor Pro Tem Smith stated that one of the issues he hopes is discussed in Jefferson City, at the Legislative Conference, is the idea of a sales tax holiday.  A lot has been written about this by the MML (Missouri Municipal League).  There will be an opportunity to meet with some of our state representatives and a state senator.  Councilman Smith remarked that, for those in the audience who may not be familiar, President Pro Tem of the Senate, Pete Kinder, is sponsoring legislation that in effect would allow a sales tax-free shopping weekend for certain purchases.  This would place a burden on local communities as they will not be able to collect sales tax on those sales.  There are three options: first, not do it; the second is some provision to allow communities to opt out of the sales tax weekend; and the third is the option to participate in the sales tax weekend.  There are various bills proposed that will affect our revenues, such as a property tax freeze for certain segments of our population.  If City Council and Staff do their homework and look over the legislative packet that City Counselor Ramsay has prepared, we can see the effects such issues will have on our local economy, and keep this in mind when we attend the conference on Wednesday and Thursday.

 

Mayor Bill Cross stated that there will be an opportunity Wednesday evening to express our feelings to our three state representatives and state senator. 

 

Mayor Cross mentioned that City Council members have before them an addition to the Regular Agenda in the form of approval of a liquor license, which will be identified as 10a under the Regular Agenda.

 

Item 8. on the Agenda.       COMMUNICATIONS FROM THE CITY MANAGER.

 

City Manager Kirk Davis reminded Mayor Cross, City Council members, and those present of the reception planned in honor of retired City Clerk Marilyn Ahnefeld, which will be held Friday, February 28th, from 4:00 PM to 6:30 PM, in the City Hall Council Chambers.

 

Item 9. on the Agenda.       RESOLUTION R-03-18, amending the 2003 Annual General Fund Budget and the Combined Water and Sewerage System Fund Budget and authorizing funds.

 

Councilman Wayne Beer moved to approve Resolution R-03-18, amending the 2003 Annual General Fund Budget and the Combined Water and Sewerage System Fund Budget and authorizing funds.  Councilman Carol Rudi seconded the motion.

 

Councilman Rudi remarked that the City is facing a shortage in our sales tax and encouraged everyone to spend their money in Gladstone.  Councilman Rudi asked everyone to remember that when we pay taxes we are helping the City. 

 

Councilman Wayne Beer stated that the City’s sales tax revenue is close to 50 percent of our General Fund revenues.  A little bit of sales tax loss is significant to our General Fund.  City Council is wrestling with those issues now, thus the motion tonight and the full hour and fifteen minutes of Open Study Session previous to this City Council meeting.  This is an issue of vital importance to the City of Gladstone, and needs to be mentioned one more time.

 

Mayor Pro Tem Les Smith agreed with Councilman Rudi and Councilman Beer, and commented that credit goes to the leadership of the City Manager and his staff and to the Mayor and his leadership of the Council that we are approving a mid-year budget that maintains our basic city services.  It does not affect the quality of life for the City of Gladstone, maintains our 20 percent fund balance, and has already put us in a position to begin looking towards the next fiscal year’s budget.  By a very professional and responsible City staff and great leadership of City Council, we are weathering the storm to this point.  It may sound like doom and gloom, but there is light at the end of the tunnel, thanks to the professional management we have in the City.

 

The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross.  (5-0)

 

Item 10. on the Agenda.     MOTION TO EXTEND BUILDING PERMIT 98-0376 to allow a temporary modular building located at St. Charles School, 900 NE Shady Lane Drive, to remain an additional five years.

 

Mayor Pro Tem Smith moved to extend the building permit 98-0376 to allow a temporary modular building located at St. Charles School, 900 NE Shady Lane Drive, to remain an additional five years.  Councilman Rudi seconded the motion. 

 

Councilman Wayne Beer remarked that having been in a similar situation as St. Charles, while working for the North Kansas City School District, he can appreciate their issue.  On the one hand it is nice to have the issue of growth; on the other hand it is difficult to provide the facilities for that growth.  This is one viable way that this growth may be handled on a short term basis, while they attempt to deal with it on a long term basis.  Councilman Beer urged approval of this motion.

 

Councilman Smith asked that as the Gladstone Plaza property abuts the St. Charles property, how close is the modular building to the property line.

 

Assistant City Manager Scott Wingerson replied that he is uncertain as to the exact distance, but it is a good distance from the modular building to the north property line of the church and then to the vacant property of Gladstone Plaza.

 

The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross (5-0).

 

Item 10a. on the Agenda.   APPROVAL OF PACKAGE LIQUOR LICENSE CHANGE IN OWNERSHIP, Kesar Petroleum, Inc. dba Gladstone Mart & Liquor, 7020 North Oak.  Managing Officer:  Patel Dipika.  (formerly King’s Oil).

 

Mayor Pro Tem Les Smith moved to approve the Package Liquor License Change in Ownership, for Kesar Petroleum, Inc. dba Gladstone Mart & Liquor, 7020 North Oak.  Managing Officer:  Patel Dipika.  Councilman Wayne Beer seconded the motion.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross (5-0).

 

Item 11. on the Agenda.     FIRST READING BILL 03-02, repealing Ordinance Numbers 1.935, 2.049, and 2.711 and enacting in lieu thereof, eight new sections of the Gladstone City Code regulating the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons.

 

Mayor Pro Tem Les Smith moved to place the revised Bill 03-02 on First Reading.  Councilman Carol Rudi seconded. 

 

The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross.  (5-0).  The Clerk read the Bill.

 

Mayor Pro Tem Les Smith moved to accept the First Reading of Bill 03-02, Waive the Rule

and place the Bill on Second and Final Reading.  Councilman Carol Rudi seconded. 

 

The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross.  (5-0)  The Clerk read the Bill.

 

Mayor Pro Tem Les Smith moved to accept the Second and Final Reading of Bill 03-02 and enact the Bill as Ordinance 3.856.  Councilman Carol Rudi seconded.

 

Discussion

 

Mayor Pro Tem Smith thanked Counselor David Ramsay for his work on this Bill, today.  Mayor Pro Tem Smith brought a couple of ideas to him this morning that Mr. Ramsay felt significant enough to incorporate and Mr. Ramsay did that revision today, in order to have it on the agenda for tonight’s meeting.

 

Councilman Wayne Beer stated that he feels that this is a reasonable ordinance.  One of the key phrases is “to reasonable people”.  Some may feel that this language is not strong enough, but Councilman Beer feels confident that there is enough precedent in other communities and other situations that this is a workable ordinance and deserves our positive votes.

 

Mayor Cross remarked that he hopes this ordinance will give Law Enforcement officers better grounds when they have to enforce noise violations.

 

Roll Call Vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross.  (5-0)

 

Item 12. on the Agenda.     OTHER BUSINESS.

 

There was no other business.

 

Item 13. on the Agenda.     QUESTIONS FROM THE NEWS MEDIA.

 

There were no questions from the News Media members.  

 

Item 14. on the Agenda.     ADJOURNMENT.

 

Councilman Wayne Beer moved to adjourn the meeting.  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Councilman Shirley Smith, Mayor Pro Tem Les Smith, Mayor Bill Cross (5-0).

 

Mayor Cross stated the Regular City Council meeting is adjourned to Open Study Session Item Number 3.

 

 

 

 

 

 

 

 

Respectfully submitted:

 

 

___________________________________

Cathy L. Swenson, City Clerk

 

                                                                                                                                                                                                            Approved as submitted:  _________

 

 

                                                                        Approved as corrected/amended _________

 

 

                                                _______________________________________________

                                                                                    Bill Cross, Mayor