CITY COUNCIL MEETING
MONDAY, APRIL 28, 2003
PRESENT: Mayor Les Smith
Mayor Pro Tem Wayne Beer
Councilman Bill Cross
Councilman Carol Rudi
Councilman Joe Evans
City Manager Kirk Davis
Assistant City Manager Scott Wingerson
City Counselor David Ramsay
City Clerk Cathy Swenson
Mayor Les Smith opened the Regular April 28, 2003, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE
Mayor Les Smith led the Pledge of Allegiance, in which all joined.
Item 4. on the Agenda. APPROVAL OF THE REGULAR APRIL 14, 2003, CITY COUNCIL MEETING MINUTES
Councilman Bill Cross moved to approve the Regular April 14, 2003, City Council Meeting Minutes as presented. Mayor Pro Tem Wayne Beer seconded the motion. The vote: “Aye” - Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith; “Abstain” - Councilman Carol Rudi (4-1)
Item 4a. on the Agenda. Mayor Les Smith read a PROCLAMATION designating Sunday, May 4, 2003, as “World Laughter Day” in Gladstone, Missouri. The proclamation was sponsored by Reverend Paul Stephen Smith, Chaplain, Liberty Hospital.
Item 4b. on the Agenda. SPECIAL PRESENTATION TO CHARLES CARMACK recognizing his service on the Gladstone Special Road District #3.
Mayor Smith invited Mr. Charles Carmack to join him in front of the Council dais, where Mayor Smith presented to Mr. Carmack a plaque in appreciation of his service on the Gladstone Special Road District #3. Mayor Smith remarked that Mr. Carmack is truly a kind individual and a true gentleman, and asked Mr. Carmack to say a few words.
Mr. Carmack began by saying he became involved in the Road District through Mr. Bill Reynolds, who was a City Councilman at that time. Mr. Carmack has lived in Gladstone for 41 years, and really appreciates living in Gladstone. Good people are running the City, along with a good staff, and good Boards and Commissions, who do a wonderful job. Mr. Carmack expressed his appreciation for the plaque and stated he will hang it on the wall at home, where he can look at it every day.
Item 4c. on the Agenda. Presentation of TREE CITY, USA award by Helene Miller, Department of Conservation Urban Forester.
Mayor Smith invited Helene Miller, Department of Conservation Urban Forester, to step forward for her presentation.
Ms. Miller stated that over the past year City staff, including Parks and Recreation Director Sheila Lillis and GIS Manager Kreg Cox, along with some local citizens, have been working to pay special attention to the trees in Gladstone. Ms. Miller continued by saying that a healthy urban forest does not happen by accident. People are taking steps to make sure that Gladstone continues to have healthy trees. Trees are important, not only environmentally, but also economically, as well as socially. It has been found that businesses with trees do better business. Ms. Miller said that there is research showing that trees help to reduce crime, as well as reduce the stress level in people. Not only do trees make people healthier and happier, but they give a sense of community.
Ms. Miller reported that the City has completed the four requirements for Gladstone to be a Tree City. The four requirements included a City celebration of Arbor Day, an adopted Tree Ordinance, a Tree Board - the Gladstone Parks and Recreation Advisory Board is acting as the City’s Tree Board, and over $2.00 per capital must be spent on trees.
Ms. Miller presented to the City of Gladstone a Tree City flag, a road sign, and a plaque for City Hall. Ms. Miller reminded City staff that the City will have to re-qualify every year, but the first year is the hardest one. Ms. Miller concluded by congratulating the City of Gladstone on becoming a member of Tree City, USA.
Mayor Smith congratulated Parks and Recreation Director Lillis, and asked her to please share the presented items with the Parks and Recreation Advisory Board.
Item 5. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Councilman Bill Cross moved to approve the Consent Agenda as read; Councilman Carol Rudi seconded. The vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION NO. R-03-31, authorizing the City Manager to purchase forty-two 800 MHZ portable radios, six Mobile Radios, and related equipment from Custom Radio Communications, Kansas City, Missouri, for a total purchase amount of $37,562.00. Councilman Carol Rudi seconded. The vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION NO. R-03-32, declaring certain City property as surplus and authorizing the sale of such property together with certain abandoned and unclaimed property held by the City to the highest bidder at auction or by sealed bid. Councilman Carol Rudi seconded. The vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE
Mr. Kenny Bell, 5801 North Broadway, stated that he has a piece of property next to the Sharhag development. He has water concerns and flooding. Water is going across his front yard, there is gravel where grass used to be, and two big concrete culverts have been installed. It appears that one culvert does not catch water, but rather the water from Broadway misses it, and causes a pond in Mr. Bell’s driveway. Mr. Bell stated that this past year, he was promised by Assistant City Manager Scott Wingerson that his property, along with three neighbors to the north, would be curbed and guttered, with sidewalks installed. The “fix” that is there now is called temporary by Mr. Wingerson and by Dan Quinlin, the project manager of the Sharhag project. Mr. Bell said he was also told that his entire driveway to the house would be replaced at no cost to him. Mr. Bell continued by saying that he was most disappointed that he did not see these improvements on the list of projects scheduled to be done in Gladstone.
Mr. Bell stated he has not received a response as of this time to his inquiries regarding these improvements. Mr. Quinlin told Mr. Bell he submitted a bid last year to the City for the improvements, but has not received a response. However, Mr. Quinlin has told Mr. Bell he can still do the work at this time. Mr. Bell said that the Sharhag project will be completed in four weeks to six weeks at the latest, if there is inclement weather. Mr. Bell asked for an answer as to when the improvements will be done.
Mayor Les Smith asked Assistant City Manager Scott Wingerson to provide an update on this project.
Assistant City Manager Scott Wingerson began by thanking Mr. Bell for attending the Council meeting, and stated he agreed in great measure with Mr. Bell’s comments. Mr. Wingerson reported that the improvements as committed to Mr. Bell and his neighbors are not done. The solution that currently exists is in fact temporary, exactly as Mr. Bell explained. Temporary Occupancy or Final Occupancy of the structure will be dependent on about fifteen punch list items. Mr. Wingerson reported that one punch list item is resolution of Mr. Bell’s concern, which is really two fold; one is the stormwater concern, which is clearly the developer’s obligation, and the other is a road improvement concern, which is the curb and gutter that Mr. Bell talked about, which is vague as it relates to a developer responsibility. Mr. Wingerson stated that certainly it is the developer’s responsibility to repair the street to the extent that the storm improvements impact the street.
Mr. Wingerson stated that Mr. Bell indicates that the project is four weeks away from occupancy. The developer may be ready for the occupancy inspection in four weeks, but until a significant number of public improvements are completed, two of which far exceed in scope the scale of Mr. Bell’s concerns, temporary occupancy of this facility will not be allowed. Current communications are ongoing with the developer of the project, AHM Development, located in Dallas, Texas, to negotiate the resolution of all the Temporary Occupancy issues. The primary issue being discussed is the construction of North Central, a roadway to the west. Other concerns include the resolution of sedimentation of the Leimkuehler pond, and the roadway improvements to North Broadway and the associated stormwater improvements for the Bells, including replacement of the driveway from their garage to North Broadway. Mr. Wingerson said he hopes this addresses Mr. Bell’s concerns, and noted that this project is taking longer than expected.
Mayor Smith asked Mr. Bell if he is getting water in his house.
Mr. Bell replied he is not getting water in his house.
Councilman Cross remarked that the water is washing across Mr. Bell’s front yard, bringing silt, dirt, and rock with it.
Mr. Bell explained that he has constructed a small dam to slow down the water and divert it to the other side of the plastic along the side of his yard, which was a ditch that was filled in with sod. Where the drive is being dug up, new ditches are being formed next to the road, where the area was not sodded. These new ditches are going directly to the end of Mr. Bell’s drive.
Mayor Smith asked Mr. Bell if he was satisfied with Mr. Wingerson’s comments.
Mr. Bell replied he was happy with Mr. Wingerson’s response.
Mr. Gene Smith, 704 NE 71st Street, stated he was interested in Items #11 and #12 on the agenda and would like to reserve the ability to comment upon them after finding out more information about these items.
Mayor Smith agreed with Mr. Gene Smith’s request.
Mayor Smith remarked that Mr. and Mrs. Bell have been very good throughout this project, even though it has been a long process.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL
Councilman Joe Evans had no comments at this time.
Councilman Carol Rudi thanked Mr. Carmack for his years of service. Councilman Rudi
continued by saying that in regard to Resolution No. R-03-31, authorizing the purchase of radios
and equipment for the Public Safety Department, part of that money was from a Grant and the
purchase itself came in under budget.
Councilman Bill Cross had no comments at this time.
Mayor Pro Tem Wayne Beer had no comments at this time.
Mayor Les Smith commented that he had the opportunity to work at the Beautification event,
and extended kudos to Public Works Director Andy Noll, Matt Hoops and the crew for the work
they did over the weekend. This is a service heavily utilized by the citizens, with cars lined up to
North Troost all weekend.
Mayor Smith asked Councilman Bill Cross to continue to attend the meetings of the First Tier
Suburbs, and remain involved in that effort as the City representative.
Councilman Cross stated it has been very interesting being involved with other First Tier
Suburbs cities; he has learned a lot, and is happy to continue to attend the meetings.
Mayor Smith asked Parks and Recreation Director Sheila Lillis to talk about the MIAA Softball
Tournament being held this weekend.
Parks and Recreation Director Sheila Lillis began by saying the MIAA (Missouri Intercollegiate Athletic Association) Softball Conference Tournament will be held Friday, May 2nd and Saturday, May 3rd, beginning at 12:00 Noon. It will feature eight teams from the MIAA Conference. The tournament will be on four fields and will go through the day on Friday, with the last game beginning at 6:00 PM. The tournament will resume on Saturday at noon. Prior to the start of the tournament on Saturday, there will be a MIAA Youth Education Through Sports (YES) Softball Clinic, which is a free clinic for youth 10 to 18 years of age. The clinic will include the fundamentals of softball and instruction as to how to be recruited on the college level.
Mayor Smith remarked that this is Women’s Fast Pitch Softball, and encouraged all to attend. It is a very good softball tournament. Mayor Smith will be throwing out the first pitch.
Director Lillis invited City Council to join in a meal that will be served from 3:30 PM to approximately 5:30 PM.
Councilman Carol Rudi thanked Director Lillis for the positive economic impact this tournament has for the City. Director Lillis brought this tournament to Gladstone last year, and has been able to bring it back this year. Councilman Rudi continued by saying this tournament brings a lot of people to Gladstone, who shop and eat at our businesses.
Mayor Smith commented that Kansas City has a water line repair on North Oak Street at about Englewood Road, and like last time, they repaired the water main, but have not finished repairs in the area. Mayor Smith asked City Manager Davis if he has had communications with Kansas City regarding this.
City Manager Davis replied that he has not had communications with Kansas City regarding this water break, but he will be happy to contact Kansas City to inquire into their schedule to completely repair the area, including backfill and asphalt.
Item 7a. on the Agenda. Special Presentation by Councilman Wayne Beer on behalf of
Gladstone’s Bennett and Dennis Herrick Memorial American Legion Post 626 to Public Safety Officer Kelly Kirk and his family in recognition of Officer Kirk’s service to his country as Active Drilling Reservist Petty Officer.
Mayor Smith asked Gladstone Public Safety Officer Kelly Kirk and his family to join him in front of the Council dais as he presented a Certificate of Appreciation to Officer Kirk for his service as a Navy Reservist. Mayor Smith thanked Officer Kirk and his family for their service to our country.
Mayor Pro Tem Wayne Beer joined Mayor Smith and Officer Kirk, and displayed a Blue Star Service Banner. Councilman Beer stated that he was wearing two hats this evening - one as a Councilman and one as a member of the Bennett and Dennis Herrick American Legion Memorial Post 626.
Councilman Beer shared some of the history of the Blue Star Service Banner by saying that the Blue Star Service Banner was designed by World War I Army Captain Robert Queissner, who had two sons serving in the front lines. It quickly became the unofficial symbol of a family with a child in the service. In World War II, the Department of Defense (at that time called the Department of War) issued specifications on the manufacturing of the banner as well as guidelines indicating when and by whom the service banner could be flown.
Councilman Beer continued by saying, today, Blue Star Service Banners are displayed by families who have a family member serving in the armed forces, including activated members of the National Guard and the Reserves, whether the family member is a son, daughter, brother, sister, wife, husband, cousin, grandchild, and so forth. The Blue Star Service Banner is a way for the families who are left behind to display their pride and to be recognized by their neighborhoods and community for the sacrifices of the men and women who are serving in the Armed Forces. The Blue Star Service Banner was very popular in World War II and faded in popularity during the Korea and Vietnam Wars. A few were displayed during the Persian Gulf War. The American Legion is mounting a patriotic push to bring them back.
Councilman Beer stated, tonight, we are here to honor one of Gladstone’s own. The intent is not to single him out, but for our presentation to be representative of all the men and women in the Gladstone area, and those who are employed by the City of Gladstone, who are serving in active duty in defense of our country. Councilman Beer stated that Officer Kirk is a Navy Reservist serving in the Construction Battalion (Sea Bees) located in Belton, Missouri. He is a Petty Officer, 2nd Class, carrying the classification of Construction Mechanic Second Class with Surface Warfare Designation. Councilman Beer introduced Officer Kirk’s wife, Rhonda and presented to Officer Kirk the Blue Star Service Banner on behalf of the Bennett and Dennis Herrick American Legion Memorial Post 626, as recognition of Officer Kirk’s service and his family’s sacrifice due to his service. Councilman Beer thanked Officer Kirk for his service.
Councilman Beer asked Don Mason to join him at the podium, and stated that Mr. Mason is a retired employee of the City of Gladstone. Mr. Mason’s son is an Army Staff Sergeant, a medic, who just came home from Germany today. Councilman Beer presented to Mr. Mason a Blue Star Service Banner in recognition of his son’s service, and thanked Mr. Mason.
As final remarks, Councilman Beer stated he wished to paraphrase a press release from Richard Zantos, the immediate past National Commander of the American Legion, as follows, “No Americans are more deserving of honor than the men and women of the U.S. Armed Forces. We pause tonight to reflect upon the sacrifice that preserves our freedom, and rids the world of terrorist threats. From peacekeeping, to uprooting terrorists’ networks, the more than two million men and women of the active duty National Guard and Reserve forces have formed a bulwark of peace and freedom. They are willing to lay down their lives in our defense, and we should mark every day as their day of honor, with gestures of thanksgiving. As an example, if you know someone that has a family member in active duty, please encourage them to display a Blue Star Banner in their front window. Write letters and encourage our children to write letters to friends and family serving our great nation, away from home. An e-card may be sent from the American Legion website to servicemen who are on-line. Call, write, or e-mail members of Congress, encouraging them to support our troops with adequate defense spending. Include our servicemen in our prayers, and if you see a member of the armed forces, thank them for serving.”
Councilman Beer stated that on Armed Forces Day in 1962, President John F. Kennedy said, “Guard zealously your right to serve in the armed forces, for without them, there would be no other rights to guard.” Councilman Beer encouraged all to make each day special for the men and women who serve, and stated there are commercial outlets that sell the Blue Star Service Banner for $13 to $16. They are also available at the Museum at Fort Leavenworth for approximately $13. The American Legion makes Blue Star Banners available for $6.95 plus shipping. American Legion Post 626 makes the banners available at no cost to families in the Gladstone area. Councilman Beer thanked Mayor Smith and City Manager Davis for allowing the time to honor those in the service of their country.
Item 7b. on the Agenda. APPOINTMENT OF PUBLIC WORKS DIRECTOR ANDY NOLL as Gladstone’s 2003-2004 Management Council Representative to the Mid-America Regional Council (MARC) Solid Waste Management District.
Councilman Bill Cross moved to approve the appointment of Public Works Director Andy Noll as Gladstone’s 2003-2004 Management Council Representative to the Mid-America Regional Council Solid Waste Management District. Councilman Carol Rudi seconded. The vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER
City Manager Kirk Davis reported 1,300 cars utilized the Beautification event this weekend. The Spring Brush Disposal event is this weekend, May 2nd, 3rd, and 4th, 8:00 AM to 5:00 PM at the Public Works site. The Park Watch meeting will be April 29th, at Meadowbrook Park, at 6:30 PM.
Item 9. on the Agenda. PUBLIC HEARING on a request for a Special Use Permit to operate a Bingo game two nights a week at the Knights of Columbus Hall located at 1500 NE Englewood Road. Applicant: Fr. Hager Council #7064. Owners: Fr. Hager Council #7064. (File #1187)
Mayor Smith opened the Public Hearing and explained the hearing process by saying that City staff will make their presentation, followed by a presentation by the applicants, and lastly comments from those in Favor and those Opposed.
Assistant City Manager Scott Wingerson thanked the Knights of Columbus in the scheduling of tonight’s Public Hearing. Mr. Wingerson continued by saying that the applicant is requesting an amendment of an existing Special Use Permit to allow the operation of Bingo at their facility two nights a week between the hours of 5:00 PM and 10:00 PM. An original Special Use Permit was issued by the City Council in 1994. That Special Use Permit was extended in 1997 for a period of 25 years. Mr. Wingerson pointed out two conditions in the draft ordinance. Condition Number Three states that hours of operation shall not go past 12:00 AM, Midnight. That is for the business of the Knights and the functions they would have at the meeting hall. Mr. Wingerson continued by saying Condition Number Six states Bingo shall be allowed no more than two nights per week and hours shall be limited to beginning no earlier than 5:00 PM and end at or before 10:00 PM. Bingo games shall not be scheduled or held on two consecutive nights in any given week, and no discernable noise shall be attributed to this use and be audible at the property line at any time. This is a specific condition related to the operation of Bingo at this facility at Flora and Englewood Road. Mr. Wingerson reported that the Planning Commission is forwarding a recommendation for approval for City Council’s consideration.
There being no questions from City Council members, Mayor Smith invited the applicant to step forward.
Bill Duensing, 4118 NW Claymont Drive, Kansas City, Missouri, began by saying he was representing Father Hager Council #7064, Knights of Columbus, located at 1500 NE Englewood Road. Mr. Duensing stated that he is here tonight to request a modification of their Special Use Permit, and continued by giving a brief history of their operation of Bingo. The Father Hager Council #7064 has operated a Bingo game in Gladstone since 1984. During that time approximately $750,000 has been donated to various charities. The last couple of years, for many reasons, the number of patrons of the game have declined, and it was felt it was not economically feasible to operate anymore. The game was closed as of December 31, 2002.
Mr. Duensing explained the proposed plan is to operate a smaller game in their facility, which will allow his Council to control their rent and some other expenses which should allow them to return to profitability. This would allow the Council to continue to make donations. It is felt this can be done with little or no disruption to their neighbors. The Knights of Columbus have occupied their hall for nine years, and Mr. Duensing feels they have been good citizens and good neighbors. The Council provides meeting place for Gladstone Police to do training, a meeting place for the Northland Optimist Club, and a polling place for elections. The Council gets along well with their neighbors as evidenced by the fact two neighbors spoke on behalf of the Council before the Planning Commission.
Mr. Duensing thanked the City Council for considering this application, as well as the staff of the Community Development Department for their help in getting the project this far.
Councilman Cross asked Mr. Duensing how many people the Knights of Columbus hope will attend the Bingo games each night.
Mr. Duensing replied at the most 100 people. When the game was operated previously the average number of people in attendance was 125 to 135 per night, and it was a break even proposition. The rent at that time was $650 per night.
As there was no further discussion, Mayor Les Smith closed the Public Hearing
Item 9a. on the Agenda. FIRST READING BILL 03-7, granting a Special Use Permit subject to certain conditions to the Knights of Columbus Fr. Hager Council #7064 for purposes of operating a Bingo game two nights a week in an R-1 Zone at 1500 NE Englewood Road.
Councilman Bill Cross moved to place Bill 03-7 on First Reading. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0) The Clerk read the Bill.
Councilman Bill Cross moved to accept the First Reading of Bill 03-07, Waive the Rule and Place the Bill on Second and Final Reading; Councilman Carol Rudi seconded. The vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Bill Cross. (5-0) The Clerk read the Bill.
Councilman Bill Cross moved to accept the Second and Final Reading of Bill 03-07 and enact the Bill as Ordinance 3.861. Councilman Wayne Beer seconded.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Item 10. on the Agenda. PUBLIC HEARING on a request for a Special Use Permit for operation of a Child Care Center at 5940 North Flora. Applicant Tina Dillon, Creative Kids Learning Center. Owners: Russell and Ellen Tucker. (File #1189).
Mayor Les Smith opened the Public Hearing and stated the same process will be followed as the previous Public Hearing.
Assistant City Manager Scott Wingerson began by saying this application can best be summarized as a change in ownership. In all Special Use Permits there is a transferability clause. If there is a change in ownership, it is required that an application be filed and reviewed by the Planning Commission and the City Council. The applicant is requesting a change in ownership. The conditions of the daycare, which has been operating for 25 years, are the same as they have been in previously approved Special Use Permits. The Planning Commission is submitting a recommendation for approval.
Mayor Pro Tem Wayne Beer asked if the maximum number of children is limited to forty eight.
Mr. Wingerson replied that is correct.
Tina Dillon, 7511 N Kentucky Avenue, Kansas City, Missouri, applicant for Creative Kids Learning Center, stated she is requesting this Special Use Permit to operate a day care center that has been in Gladstone for 25 years, and would like to continue to operate the day care.
There being no further discussion, Mayor Les Smith closed the Public Hearing
Item 10a. on the Agenda. FIRST READING BILL 03-8, granting a Special Use Permit subject to certain conditions to Tina Dillon, Creative Kids Learning Center, for operation of a Child Care Center on Property at 5940 North Flora.
Mayor Pro Tem Wayne Beer moved to place Bill 03-8 on First Reading. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0) The Clerk read the Bill.
Mayor Pro Tem Wayne Beer moved to accept the First Reading of Bill 03-8, Waive the Rule and Place the Bill on Second and Final Reading; Councilman Joe Evans seconded. The vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Bill Cross. (5-0) The Clerk read the Bill.
Mayor Pro Tem Wayne Beer moved to accept the Second and Final Reading of Bill 03-8 and enact the Bill as Ordinance 3.862. Councilman Joe Evans seconded.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0).
Item 11. on the Agenda. FIRST READING BILL 03-9, repealing Ordinance 3.800 and enacting a new ordinance levying Sewer Billing and Commodity Charges for the City of Gladstone, Missouri.
Councilman Carol Rudi moved to place Bill 03-9 on First Reading. Councilman Bill Cross seconded.
Mayor Smith asked City Manager Davis to give a brief presentation on this Bill, as there was a question from a member of the audience.
City Manager Davis stated that Kansas City provides a service to Gladstone from a sewer standpoint, and this is an annual sewer rate increase that is passed on to Gladstone from Kansas City each May. The ordinance is on the agenda to allow the City to increase its rate in order to pay the increased rate to Kansas City. City Manager Davis asked Finance Director Cash Sweiven to step forward to give more detail on the rate increase.
Finance Director Cash Sweiven agreed with City Manager Davis that this is a pass-through increase from Kansas City. Every year that Director Sweiven has been with Gladstone, there has been a six percent increase in the sewer charge from Kansas City. The City of Gladstone does not own its own sewer treatment plant, therefore Gladstone must abide by Kansas City ordinances. Gladstone is essentially a customer of Kansas City in this case. We are proposing to pass the entire six percent increase on to our residents and users. There is a portion of the sewer rate total that is a Gladstone portion, but we are not proposing an increase in the Gladstone portion.
Gene Smith, 704 NE 71 Street, asked why he has to pay 110 percent of his water bill to a sewer to which his home evidently is not connected. Mr. Smith has been to City Hall to attempt to locate existing sewers. There is no record, as the house was built before Gladstone became a City, which is thoroughly understandable. Mr. Smith said he has spent in the last ten years well over $1,000 trying to keep the sewer clean that does not even run toward the sewer that he has been told is in the street. Mr. Smith feels this is ridiculous and he has tried everything he knows to alleviate his problems, even to the point of renting a 200 foot sewer snake, at quite an expense, to go down the sewer line. This did not alleviate his problem. Mr. Smith does not know if the snake is going out to a septic tank or where it is going. The City employees have been very gracious about coming out and using their water jet in the sewer line, which is across the street from Mr. Smith’s home. This did not help Mr. Smith’s problem, as his sewer line does not run in that direction from his house. Mr. Smith has dug up 20 feet of his sewer line to the point of being six to eight feet deep, down to his basement floor, and it does not go toward the street. Mr. Smith said this has been an ongoing problem for four or five years, and he feels one of the most grievous things is to contend with a blocked sewer.
City Manager Davis asked for Mr. Smith’s address and phone number.
Mr. Smith provided his address and phone number.
City Manager Davis stated that the City is completing a televising contract with Black and Veatch that will have televised every sewer of which the City is aware. Mr. Davis will check to see if we have a camera clip of Mr. Smith’s sewer and will see if it can be determined exactly where Mr. Smith’s sewerage is going relative to the City’s main.
Mr. Smith commented that when he has had contact with City personnel, they have tried their best to supply him with information. Mr. Smith has also had a water supply problem. When Mr. Smith brought water to City Hall, the employees refused to drink it, but yet he is expected to drink it. The water that Mr. Smith brought in to City Hall came from the foundation of his house where the water comes in, not through his water pipes. Mr. Smith has replaced many of his water pipes with copper. Mr. Smith has done all he knows to do. He has asked the City to check his water meter. He has had a water bill of $100. By City Hall records for four to five years, Mr. Smith uses 6,000 gallons a month, but now it has jumped to 17,000 gallons. The City found the City side of the meter was good, but Mr. Smith’s side of the meter was leaking. Mr. Smith repaired that problem, but he still has high water bills. Mr. Smith is trying to find where his water line is; there is no record at City Hall. Mr. Smith said if the City Manager does as he says, he will be very happy, and he will be happy to give access to his property for a camera to go down his sewer to see where it goes. He has fought this problem for ten years and feels this is long enough.
City Manager Davis commented that he will be happy to send City staff to Mr. Smith’s house to see if they can resolve his issue.
The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0) The Clerk read the Bill.
Councilman Carol Rudi moved to accept the First Reading of Bill 03-9, Waive the Rule and Place the Bill on Second and Final Reading; Councilman Bill Cross seconded. The vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Bill Cross. (5-0) The Clerk read the Bill.
Councilman Carol Rudi moved to accept the Second and Final Reading of Bill 03-9 and enact the Bill as Ordinance 3.863. Councilman Bill Cross seconded.
Councilman Carol Rudi stated she wished to repeat what Finance Director Sweiven said, this sewer increase is a charge that Gladstone passes on from Kansas City. Gladstone has no control as to the amount of the increase in the rate.
Mayor Smith remarked that it is fortunate our forefathers had the foresight to build our own water plant to treat and handle our own water supply.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0).
Item 12. on the Agenda. FIRST READING BILL 03-10, adoption of the 2000 International Property Code, with certain amendments, additions, and deletions, as the Property Maintenance Code for the City.
Mayor Pro Tem Wayne Beer moved to place Bill 03-10 on First Reading. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0) The Clerk read the Bill.
Mayor Pro Tem Wayne Beer moved to accept the First Reading of Bill 03-10, Waive the Rule and Place the Bill on Second and Final Reading; Councilman Carol Rudi seconded. The vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Bill Cross. (5-0) The Clerk read the Bill.
Mayor Pro Tem Wayne Beer moved to accept the Second and Final Reading of Bill 03-10 and enact the Bill as Ordinance 3.864. Councilman Carol Rudi seconded.
Mr. Gene Smith asked if he might hear a little about this bill.
Assistant City Manager Scott Wingerson explained that the 2000 International Property Maintenance Code adopts a standard code for the enforcement and maintenance of property in the City of Gladstone. Changes from current regulations include a restriction on the provision for vehicles for sale by employees of commercial businesses. In residential areas, vehicles for sale will be limited to four per year. Encroachment of vehicles on to the right-of-way is prohibited by this bill. Additional weight restrictions are added relative to commercial vehicles in neighborhoods, which is done through definition and clarification of existing provisions. Tree trimming requirements of ten feet above sidewalks and right-of-ways have been added, and weed height was changed from 12 inches to 10 inches. Trash cans and similar receptacles on commercial properties are required by ordinance to have a four sided enclosure, constructed primarily of the materials in the main building. In residential areas, refuse and waste cans must be located behind the front building.
Mr. Smith remarked one of the things he was concerned about was that in the minutes of previous meetings of the Planning Commission reference was made to small out-buildings. He did not hear anything about that tonight. Mr. Smith asked if that means they remain as they are. Mr. Smith stated that there was a complaint before the Planning Commission about an out-building at 60th Terrace. It is Mr. Smith’s understanding that the man that lives there works on restoring automobiles, and has built a nice size building in his backyard. Mr. Smith looked at the building and felt it was a very attractive building that does not distract from the neighborhood.
Mr. Smith stated another point was the eight-foot set back rule that Gladstone has in existence. This seems fine on the surface, but it seems that is eight feet of private land that is used to store things that everyone does not want to look at. In other words, a trash collector. Mr. Smith has seen this in numerous places around town, and he wonders about the wisdom of the rule. Mr. Smith is not talking about himself, as he has a fair amount of land, but if a person was allowed to put a small building in the corner of his property, it would be easier to maintain, and probably look better in most instances. Mr. Smith continued by saying it takes a lot of work to maintain property, and everyone does not live in apartments. Apartments to Mr. Smith are unattractive for any city to have. It is very seldom that they occupy just 30 percent of the land area they are on, and their height exceeds 35 feet in a lot of cases. A little bit of equality could go a long way. Mr. Smith’s main concern, however, is the out-buildings.
Mayor Smith explained that out-buildings are being considered by the Planning Commission and will come back to the City Council.
Assistant City Manager Scott Wingerson explained that out-buildings are part of the Zoning Ordinance and will be reviewed by the Planning Commission at its next meeting on May 5, 2003. This issue has not been published for Public Hearing.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Item 13. on the Agenda. OTHER BUSINESS
Councilman Carol Rudi asked that Mr. Gene Smith be notified of the Public Hearing for the out-buildings.
Item 14. on the Agenda. QUESTIONS FROM THE MEDIA
There were no questions from the Media.
Item 15. on the Agenda. ADJOURNMENT
Mayor Smith confirmed with City Manager Davis that there would be no Closed Executive Session following the regular City Council meeting.
Councilman Bill Cross moved that the meeting be adjourned. Councilman Carol Rudi seconded. The vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith. (5-0)
Cathy Swenson, City Clerk
Mayor Les Smith