MINUTES
CITY COUNCIL
MEETING
GLADSTONE,
MISSOURI
REGULAR
MEETING
MONDAY, JULY
14, 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 July 14, 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
JUNE 23, 2003, CITY COUNCIL MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular
June 23, 2003, City Council Meeting Minutes as presented. Councilman Joe Evans seconded the
motion. The vote: All “aye”
Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross,
Mayor Pro Tem Wayne Beer, Mayor Les Smith.
(5-0)
Item 4a. on the Agenda.
Mayor Les Smith read a PROCLAMATION
designating the week of July 13-19, 2003, as “National Aquatic Week”
in Gladstone, Missouri. Recreation
Specialist Russ Collins accepted the proclamation, and thanked Mayor Smith and
City Council members.
Item 5. on the Agenda. CONSENT
AGENDA.
Following the Clerk’s
reading, Councilman Carol Rudi requested that Resolution 03-50, authorizing
acceptance of work and final payment for the Construction Management Services
for the design and construction of the new fire station be placed on the
Regular Agenda for discussion as Item 5a.
Councilman Rudi asked how
many easements are remaining to be acquired from property owners in conjunction
with the Rock Creek Channel Improvements, Brooktree to Gladstone Lane, as
referenced in Resolution 03-48.
City Manager Davis replied
City staff is still negotiating with representatives from the Curry Company in
an effort to obtain the remaining easements necessary for this project.
Mayor Pro Tem Wayne Beer
requested Resolution R-03-51, authorizing execution of a contract for
the 2003 Pavement Marking Program to be placed on the Regular Agenda for
discussion as Item 5b. Mayor Pro Tem
Beer inquired into the scope of the project.
City Manager Davis
apologized about the information not being included in City Council members’
packets and offered to make copies of the report that indicates the areas in
the city that will be included in the 2003 Pavement Marking Program.
Councilman Carol Rudi moved
to approve the Consent Agenda as modified.
Mayor Pro Tem Wayne Beer 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 Carol Rudi moved
to adopt RESOLUTION NO. R-03-47, authorizing acceptance of a Bill of
Sale from Dominic Cuccia and BARSCO Mechanical conveying to the City a water
main and two fire hydrants located at 6902 North Oak Trafficway. Mayor Pro Tem Wayne Beer 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 Carol Rudi moved
to adopt RESOLUTION NO. R-03-48, accepting Temporary and Permanent
easements from property owners in conjunction with the Rock Creek Channel
Improvements, Brooktree to Gladstone Lane.
Project 0123. Mayor Pro Tem
Wayne Beer 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 Carol Rudi moved
to adopt RESOLUTION R-03-49, authorizing Change Order No. One for the
Sanitary Sewer Cleaning and Televising Program in the amount of $34,724.20 and
authorizing the appropriation of additional funds in such amount from the
Combined Waterworks and Sewerage System Fund.
Project 034005. Mayor Pro Tem
Wayne Beer 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 Carol Rudi moved
to approve the ANNUAL LIQUOR LICENSE RNEWALS for Wasahi, LLC, 328 NE 72nd
Street; Margarita’s North, 7013 N. Oak; Applebee’s, 6069 N Antioch Road;
Smokehouse BBQ, 6304 N Oak; Eckerd Drug, 7101 N Oak; China Buffet, 6000 N
Antioch; and Phillips 66, 7303 N Oak.
Mayor Pro Tem Wayne Beer seconded.
The vote: All “aye” – Councilman
Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne
Beer, Mayor Les Smith. (5-0)
REGULAR AGENDA
Item 5a. on the Agenda. Resolution No. R-03-50, authorizing acceptance of work under contract with
Taylor Ball for the Construction Management Services for the design and
construction of the new fire station and authorizing final payment in the
amount of $6,340.00 from the Fire/EMS Sales Tax Fund. Project 025602.
Discussion.
Councilman Rudi asked for clarification of this
resolution.
City Manager Kirk Davis replied that when the new
fire station project began, Taylor Ball was contracted to perform construction
management services for the design and construction of the new fire station, in
addition to the services of an architect.
Staff realized there was a finite budget and it was projected there
would be reduced potential revenues from the economy. As the revenues were not as anticipated, Staff was looking for
places to cut expenses.
City Manager Davis explained that not only was there
the need to save money, but Staff felt very comfortable with the architectural
services being provided and the City was able to enlist the services of an
engineer to work with Public Safety and the Fire Division in project
management. Given the fact the project
was proceeding well and that costs needed to be cut, it was determined this was
one of the places that costs could effectively be cut. This is a difference between $139,125.00,
which is the original contract amount, and $21,600.00, which is the total
amount of work completed to date, which is a savings of over $110,000.
City Manager Davis commented that this project is
making good progress without a significant amount of input in terms of value
engineering from Taylor Ball, which Taylor Ball acknowledges.
Councilman Rudi thanked City Manager Davis for his
explanation.
Councilman Joe Evans asked if there is a penalty
clause for terminating the contract early.
City Manager Davis replied there is no penalty
clause for terminating the contract early.
Councilman Carol Rudi moved
to approve Resolution No. 03-50, authorizing acceptance of work under
contract with Taylor Ball for the Construction Management Services for the
design and construction of the new fire station and authorizing final payment
in the amount of $6,340.00 from the Fire/EMS Sales Tax Fund. Project 025602. Councilman Bill Cross 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 5b. on the Agenda. Resolution No. R-03-51, authorizing execution of a contract with Twin
Traffic Marking Corporation for the 2003 Pavement Marking Program in the amount
of $12,349.78 from the Transportation Sales Tax Fund. Project 035035.
Discussion.
Mayor Pro Tem Beer thanked City Manager Davis for
the report he provided on the areas included in the 2003 Pavement Marking
Program.
Mayor Pro Tem Wayne Beer
moved to accept Resolution No. R-03-51, authorizing execution of a
contract with Twin Traffic Marking Corporation for the 2003 Pavement Marking
Program in the amount of $12,349.78 from the Transportation Sales Tax
Fund. Project 035035. 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.
Roy Patton, 5810 North Garfield, stated last Thursday he was shopping at Walmart in Gladstone when one of his packages had a tag that activated a buzzer which alerted store security. All of a sudden, Mr. Patton said, he had 10 to 15 young men around him. Mr. Patton stated he had not stolen anything, but had paid for everything in his bag. The young men did not hit him, but put their bodies against him. Mr. Patton remarked he is 70 years old, has many health problems, and feels he was treated pretty roughly. Mr. Patton was held for 20 to 30 minutes, and many people passed by who must have thought Mr. Patton was a “shop lifter”. Since this has happened to Mr. Patton, he has asked other people if the same thing has happened to them. Mr. Patton commented it is surprising how many people have had the same thing happen to them. When Mr. Patton brought this incident to the attention of the Walmart store manager, the only concern the store manager had was if the young men had touched Mr. Patton with their hands, which although they did not touch him with their hands, they did keep their bodies close to him.
Mr. Patton stated he did not know if Walmart has an agreement with the City of Gladstone, but it seems that Walmart feels they can “self police” themselves and have an open hand to do whatever they wish. Mr. Patton informed the City Council that he came to the meeting to inform City Council members of this incident, and stated he has a good lawyer, and does not wish to involve the City of Gladstone in a lawsuit. Mr. Patton stated the City needs to talk to Walmart for the safety of Gladstone residents, and remarked that 14 and 15 year old people have no business working as security guards. Mr. Patton continued by saying he nearly had a heart attack during the incident and feels Walmart was out of line.
Mayor Les Smith informed Mr. Patton that the City of Gladstone does not have an agreement with Walmart for anything of this sort. There are Gladstone Public Safety officers who work at Walmart when they are off duty with Gladstone. Mayor Smith asked if any of these officers were involved in the incident.
Mr. Patton replied no Gladstone Public Safety off duty officers were involved. However, he wished they had been there to assist him. Thankfully, a Walmart employee happened by and brought to the attention of the security personnel the tag that had been inadvertently left on an item in Mr. Patton’s bag, which caused the buzzing sound. Mr. Patton remarked that he believes it is his right not to be seized and searched as he was.
City Manager Davis stated that the City of Gladstone does not have an agreement with Walmart. There are off duty Gladstone Public Safety officers who work there as security personnel.
Councilman Bill Cross asked if perhaps Public Safety Director Bill Adamo could go to Walmart to speak to the manager about their security practices.
Mr. Patton commented that he visited with Director Adamo and a Public Safety Captain, and feels it is not a Public Safety issue, but a City issue. The City of Gladstone needs to visit Walmart and put a stop to such practices.
Councilman Cross suggested City Manager Davis or a
City representative visit with the Walmart store manager.
City Manager Davis replied he would be happy to make
arrangements for such a visit.
Mayor Les Smith agreed with a courtesy visit from a
City representative, but remarked that he believes the incident that Mr. Patton
described, which occurred on private property, would be a civil matter between
Walmart and Mr. Patton.
Mr. Patton replied that he has the civil matter
under control, but is concerned for other people that visit the store.
Mayor Smith stated that a City representative will
visit with the Walmart manager and will let the manager know the City does not
condone such activities, and that there are citizens concerned with their
security practices.
Mayor Pro Tem Wayne Beer asked Mr. Patton if he had
left the building when the incident occurred.
Mr. Patton replied he had just paid for his
purchases and was still inside the building, when the incident occurred.
Mayor Smith asked City Manager Davis to arrange for
a City representative to visit with the Walmart manager, and to advise Mr.
Patton when the contact has been made and his concerns forwarded to
Walmart. Mayor Smith suggested perhaps
the City’s off duty officers can advise the City if there is behavior at
Walmart that the City needs to address.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Joe Evans thanked Parks and Recreation Director Sheila Lillis for the grand re-opening of the Oak Grove Park Amphitheatre. Councilman Evans stated he hoped City Manager Davis has a good vacation week and has an enjoyable time on his vacation.
Councilman
Carol Rudi
thanked the City for the fireworks display at the July 4th
event. It was a great event. Councilman Rudi was told by Gladstone Fire
Inspector Chuck Duddy that 85 bursts went off during the grand finale. It was very impressive and just amazing.
Councilman
Bill Cross
agreed with Councilman Rudi, and asked Parks and Recreation Director Sheila
Lillis if more or less money was spent on fireworks this year.
Director Lillis replied the same amount of money was
spent this year as last year.
Councilman Cross remarked that it is fortunate no
one was hurt over the 4th of July, this year. Councilman Cross then asked City Manager
Davis if there was a report on the Use Tax.
City Manager Davis replied that the first check has
been received in the amount of approximately $15,000, for a period covering, he
believed, 60 days.
Councilman Cross remarked that is $15,000 more for
the City’s budget, and no doubt the aquatic fund is starting to grow with money
being made at the municipal pool this week.
Mayor Pro Tem Wayne Beer stated he wished to echo
congratulations on the successful fireworks display and the July 4th
celebration, and on the successful amphitheatre dedication. The Bluesfest was a great event also.
Mayor Les Smith extended congratulations to everyone who
worked to get the amphitheatre open ahead of schedule, and he understands the
fundraising is also ahead of schedule.
Mayor Smith mentioned there has been a first meeting of the Initiating
Committee of the citizen-based Strategic Planning Committee, which went very
well. Mayor Smith asked City Manager
Davis for a time-line update on the Gladstone Plaza process.
City Manager Davis replied that proposals are
currently being reviewed. This is a
two-part process and the second part has just been initiated, which involves
background checks, interest, perhaps some more formal submissions that would
allow for better evaluation of the proposals.
This process is still on schedule, with activity expected to potentially
come before City Council as early as September.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis thanked City Council members
for their remarks regarding the July 4th event and the Oak Grove
Park Amphitheatre dedication. City
Manager Davis remarked he felt both events went very well and were well
attended. It was estimated that 14,800
people attended Theatre in the Park this past weekend, which is a record. Funds in the amount of $3,850 were raised at
the Theatre in the Park productions of “Peter Pan” last weekend. It was obvious people were very happy with
the quality of the production.
City Manager Davis reported there will be a
ground-breaking ceremony for the new fire station. A date has not been set, but Public Safety is working on this and
information will be coming out soon.
City Manager Davis reminded City Council members the City will be
hosting Antioch Middle School students who are involved in the summer BE2 Program. The City is their business partner again
this year and City staff will be working with the students all week.
Mayor Smith mentioned there will be a mock City Council
meeting with the BE2 students, tomorrow.
Mayor Pro Tem Wayne Beer asked if there would be any
objection to City Council members being present during student activities.
City Manager Davis replied City Council members are
invited for all activities, and especially the mock City Council meeting that
will be held at 1:00 PM, tomorrow. A
zoning problem will be presented to students at the mock City Council meeting.
Item 9. on
the Agenda. PUBLIC HEARING for consideration of a Sign Variance to allow construction of a modified
pylon sign with a maximum height of 12 feet 6 inches at Ming Auto Beauty Center
located at 400 NE 73rd Terrace.
Applicant: Bandy Sign
Service. Owner: Jahanian Daryoush. (File #1195) Mayor Smith
opened the Public Hearing and immediately continued it to the Monday, July 28, 2003, City Council meeting at the request of
staff.
Item
10. on the Agenda. PUBLIC HEARING for a Special Use Permit subject to certain
conditions to Amanda Ratcliffe for operation of a Child Care Center at 203 NE
73rd Street.
Applicant/Owner: Amanda
Ratcliffe. (File #1192)
Mayor
Smith opened the Public Hearing and explained the hearing process that City
Staff will make their presentation, followed by the presentation by the
Applicant, and finally comments from those in Favor and those Opposed.
Staff
Presentation: Assistant City Manager Scott
Wingerson began by saying Ms. Ratcliffe has applied for a Special Use Permit
for operation of a Child Care from the home at 203 NE 73rd
Street. The proposal includes providing
day care for 10 full time, non-related children during the hours of 5:00 AM to
6:00 PM, Monday through Friday. The
recommended term is for one year.
Assistant City Manager Wingerson reported the Planning Commission
performed a site visit and unanimously recommends approval of the request.
Applicant
Amanda Ratcliffe, 203 NE 73rd Street, stated that Assistant City
Manager had adequately summarized her request, however, she was hoping to have
the Special Use Permit approved for longer than one year.
Councilman
Carol Rudi mentioned that at the Planning Commission meeting there was
discussion about locks for the gates, and asked if the locks have been
addressed.
Ms.
Ratcliffe replied she has not checked on the locks yet, and is not sure they
make a lock to fit the gate, but will either have a lock or a chain with a
padlock for the gate.
There
was no one who wished to speak in Favor or in Opposition to this proposal.
There
were no further comments and Mayor Smith closed the Public Hearing.
Item
10a. on the Agenda. FIRST
READING BILL 03-22, approving a Special Use Permit subject to certain
conditions to Amanda Ratcliffe for operation of a Child Care Center on
residential property at 203 NE 73 Street.
Mayor
Pro Tem Wayne Beer moved to place Bill 03-22 on First Reading. Councilman Bill Cross seconded.
Discussion.
Mayor
Pro Tem Wayne Beer stated he was at the Planning Commission meeting when this
proposal was discussed, and the only area of discussion was the child-proof
locks. The Planning Commission did
approve this unanimously, and Mayor Pro Tem stated he would be voting in favor
of this proposal.
Councilman
Carol Rudi mentioned the term of one year for a Special Use Permit is generally
what takes place for a first time permit, and after that a longer period of
time is generally permitted.
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 03-22, 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 Les Smith. (5-0) The Clerk read the Bill.
Mayor
Pro Tem Wayne Beer moved to accept the Second and Final Reading of Bill 03-22
and enact the Bill as Ordinance 3.876.
Councilman Bill Cross 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)
Mayor
Smith wished Ms. Ratcliffe the best of luck and stated he hopes to see her in a
year requesting an extension to her Special Use Permit.
Item
11. on the Agenda. FIRST READING BILL 03-23, approving the Final Plat of “Replat of Lots
1, 2 and 3 of Carriage Hill 9th Plat”, a subdivision in the County
of Clay, City of Gladstone, Missouri, and directing the appropriate officials
to affix their signature to said Plat for recording. (File #1197)
Councilman
Bill Cross moved to place Bill 03-23 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 03-23, 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 Les Smith. (5-0) The Clerk read the Bill.
Councilman
Bill Cross moved to accept the Second and Final Reading of Bill 03-23 and enact
the Bill as Ordinance 3.877. Councilman Carol Rudi 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 12. on the Agenda. OTHER BUSINESS.
There was no further business.
Item 13. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 14. on the Agenda. ADJOURNMENT.
There being no further business to come before the July 14, 2003, Gladstone City Council Meeting, Mayor Les Smith adjourned the Regular Meeting.
Councilman Carol Rudi moved to adjourn to Closed
Executive Session in the City Manager’s office pursuant to Missouri Open
Meeting Act Exemption 610.021 (1) for Litigation and Confidential or Privileged
Communications with Legal Counsel, and 610.021 (2) for Real Estate Acquisition
Discussion. 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)
Respectfully submitted:
__________________________
Cathy Swenson, City Clerk
______________________________
Mayor Les Smith