MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

MONDAY, SEPTEMBER 22, 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 September 22, 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 SEPTEMBER 8, 2003, CITY COUNCIL MEETING MINUTES.

 

Councilman Bill Cross moved to approve the Regular September 8, 2003, City Council Meeting Minutes as presented.  Councilman Carol Rudi 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 5. on the Agenda.               CONSENT AGENDA.

 

Mayor Pro Tem Wayne Beer asked for removal of Resolution No. R-03-62 from the Consent Agenda. 

Mayor Les Smith stated that Resolution No. R-03-62 would be moved to Item 5a. on the Regular Agenda.

 

Councilman Bill Cross moved to approve the Consent Agenda as amended.  Mayor Pro Tem Wayne Beer seconded. 

 

Mayor Pro Tem Wayne Beer stated in regard to Resolution 03-67, authorizing execution of a contract in an amount not to exceed $662,211.00 with Harmon Construction, Incorporated for the City Hall Addition and Renovation Project, there were two alternates to the bid; Alternate #2 provides for the completion of the project four weeks ahead of the base bid date of April 29, 2003, at no additional cost.  Councilman Beer asked what the incentive would be for the contractor to complete the project four weeks ahead of schedule with no additional cost.

 

Assistant City Manager Scott Wingerson replied the architect for the project believed a completion date of early May was appropriate, yet as an alternate, City staff wanted to see if there would be an additional expense to expedite the construction and have the project completed in early April.  Most of the bidders showed no cost for the earlier completion date.  The incentive for the bidders was to receive the award of the project.

 

Councilman Beer stated, in his experience, a financial incentive is needed in order for a contractor to complete a project at an earlier date.  Councilman Beer expressed his surprise that a contractor would complete a project at an earlier date without a financial incentive.

 

Assistant City Manager Scott Wingerson commented that the date is a completion day contract not a working day contract, and there is the opportunity for discussion of liquidated damages should the contractor not perform the work as contracted, excluding unforeseen circumstance.  Mr. Wingerson reported Staff is happy with the bid, which came in under the architect’s estimate.

 

Councilman Bill Cross noted the Sales Tax was up $4,000 from this time last year, and the Use Tax was $17,000 this month opposed to under $10,000 last month.  Councilman Cross asked Finance Director Cash Sweiven if this was encouraging.

 

Director Sweiven replied it was encouraging.

 

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

 

CONSENT AGENDA DETAIL

 

Councilman Bill Cross moved to approve RESOLUTION R-03-60, authorizing the purchase of a Breathing Air System for the New Fire Station from Midwest Breathing Air Systems, Wapello, Iowa, for a total purchase amount of $23,321.36.  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 Bill Cross moved to approve RESOLUTION NO. R-03-61, authorizing acceptance of work under contract with Vance Brothers, Inc. for the 2003 Intermediate Maintenance Program and authorizing final payment in the amount of $13,502.63 for Project 035003.  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 Bill Cross moved to approve RESOLUTION NO. R-03-63, authorizing execution of a contract in a total amount not to exceed $23,499.50 with Phillips Paving Company for the Happy Rock Trail Replacement, Phase One, Project 045032.  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 Bill Cross moved to approve RESOLUTION NO. 03-64, authorizing acceptance of work under contract with Twin Traffic Marking Corporation for the 2003 Pavement Marking Program and authorizing final payment in the amount of $16,774.58 for Project 035035.  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 Bill Cross moved to approve RESOLUTION NO. 03-65, accepting Temporary Construction Easements, Permanent Easements, and Right-of-Way Parcels from property owners in conjunction with the Northeast 76th Street Improvements, North Oak to North Troost Project.  (985014)  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 Bill Cross moved to approve RESOLUTION NO. 03-66, accepting Temporary Construction Easements and Permanent Easements from property owners in conjunction with the 67th & Forest Storm Drainage Improvements Project.  (045033)  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 Bill Cross moved to approve RESOLUTION NO. 03-67, authorizing execution of a contract in an amount not to exceed $662,211.00 with Harmon Construction, Incorporated for the City Hall Addition and Renovation Project.  (036015)  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 Bill Cross moved to approve RESOLUTION NO. 03-68, expressing the concerns of the City Council as to the proposal pending before the United States Congress to extend and enlarge the Internet Tax Moratorium.  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 Bill Cross moved to approve a new Six Day Package Liquor License for Aldi, Inc.; 7604 North Oak; Managing officer, Kristine Curtney.  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 Bill Cross moved to accept the Financial Reports for the month of August 2003.  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 R-03-62, authorizing acceptance of work under contract with O’Donnell Way Construction, LLC for the 2003 Street Overlay Program and authorizing final payment in the amount of $7,463.06 for Project 045001.

 

Mayor Pro Tem Wayne Beer moved to approve RESOLUTION R-03-62, authorizing acceptance of work under contract with O’Donnell Way Construction, LLC for the 2003 Street Overlay Program and authorizing final payment in the amount of $7,463.06 for Project 045001.  Councilman Carol Rudi seconded.

 

Mayor Les Smith stated 72nd Street and North Broadway are included in this project, and he was confident that if there had been another owner of the property on the northeast corner of 72nd Street and North Broadway other than the Mayor of Gladstone, they would have been adamantly complaining and requesting damages for the fact the contractor provided virtually no traffic control. 

 

Mayor Smith stated every time the contractor had 72nd Street or North Broadway shut down, which occurred five different days, his property became a raceway.  Mayor Smith said he was a fan of racing, but not through his business parking lot.  Mayor Smith continued by saying dump trucks, asphalt trucks, and construction equipment drove through his parking lot, and Mayor Smith was told that a dump truck driving once across the parking lot, which has four inches thick asphalt, was equivalent to 10,000 cars.  Mayor Smith suggested that traffic control be written into all future contracts, and he hopes this does not happen to any other property owners in the future.

 

City Manager Kirk Davis stated traffic control is written into contracts, however potentially more time should be taken in looking at the impact on adjacent property owners.

 

Mayor Smith stated that late in an evening when the contractor was finishing the project, in seven minutes, there were 31 cars that drove through Mayor Smith’s parking lot.  Mayor Smith remarked his intent is that this does not happen to any other property owner in the future.

 

City Manager Davis stated that on this one particular night, one issue was that there was an effort to finish the project on a Friday, and the contractor was working late.  City Manager Davis advised Public Works Director Andy Noll and Staff to keep the contractor on the job, so the road would not be closed over the weekend.  It was past 5:00 PM, and traffic was backed-up past Highway 169 one way, and several blocks down 72nd Street the other way, and people became impatient and cut through the parking lot.  Because the decision was made on a Friday night, there was not thought to manually control the traffic signal versus electronically. 

 

Mayor Smith stated that future projects will be coming up, including work on North Oak, and he wanted to be sure this does not happen to other property owners.

 

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.

 

There were no communications from the audience.

 

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

 

Councilman Joe Evans had no comments at this time.

 

Councilman Carol Rudi stated that at the last Cable TV Advisory Board meeting, one of the members suggested there might be a possibility that some of the youths in our area may use homes damaged by the tornado as haunted houses.  Councilman Rudi suggested perhaps extra patrols might be scheduled to watch for such activities.  Councilman Rudi inquired about injured Gladstone officers.

 

City Manager Kirk Davis replied one officer remained on duty and one officer is being checked for an injury to his right knee.

 

Councilman Rudi stated she wished them well.  Councilman Rudi mentioned Council members have received a letter from Mr. Peironnet requesting someone from the City to attend the meeting for Renaissance North on September 26th.  Councilman Rudi is unable to attend, but she hopes another Council member is able to attend this meeting, and possibly at least one staff member.  Councilman Rudi asked if arrangements could be made whereby Council could be shuttled to the Gladfest parade staging site on Saturday, October 4th, as there is no parking available at the staging site.

 

City Manager Davis replied Parks and Recreation Director Sheila Lillis will be shuttling other people that day, and Director Lillis will contact City Council members and let them know the logistics of transporting them to the parade staging site.

 

Councilman Bill Cross stated that preparations for Gladfest look good, and he is glad to see Gladfest signs in place at various points in the community. 

 

Mayor Smith commented that he has been in attendance at the last two Gladfest meetings, and those involved are doing a very good job, and Gladfest should be a huge success.

 

Mayor Pro Tem Wayne Beer stated Mr. Peironnet did a very good job in his letter of covering the same concerns as the City has with the Renaissance North project, and he has the meeting on his schedule to attend, and he is hoping others can attend as well. 

 

Mayor Les Smith had no comments at this time.

 

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

 

City Manager Kirk Davis reported Gladfest will be held October 3rd, 4th, and 5th, and City Hall will be closed a half day on October 3rd.  City Manager Davis thanked the City Council for the opportunity to attend the Pittsburgh Leadership Exchange with other members of the Kansas City community.  There was an article about this in Sunday’s paper.  City Manager found the meetings rewarding, and learned more about how to fund metropolitan wide assets and activities.  The vast majority of the cost was funded by a grant from the Community Foundation.  City Manager Davis reported there would be a Staff Leadership Retreat on September 30th at the North Kansas City Community Center.

 

Item 9. on the Agenda.        PUBLIC HEARING for consideration of a Special Use Permit subject to certain conditions to Jo Marie Armilio for operation of a Real Estate Office at 6212 NE Antioch Road.  Applicant Jo Marie Armilio.  Owner:  Ande Company, LLC.  (File #1198)

 

Mayor Smith opened the Public Hearing and explained the hearing process that City Staff will make their presentation, followed by a presentation by the Applicant and finally comments from those in Favor and those Opposed.

 

Staff Presentation

 

Assistant City Manager Scott Wingerson began by saying the applicant requests a Special Use Permit to allow the operation of a Real Estate Office from the home at 6212 NE Antioch Road.  Mr. Wingerson stated in City Council’s packet were several items including a draft ordinance listing the conditions that are typical for a Special Use Permit of this nature.  Also enclosed are a Staff Report and draft minutes from the Planning Commission meeting.  Commissioner Newsom made a very articulate motion in the affirmative to approve this request.  Her recommendation as an individual Commissioner was to vote “no” on the affirmative motion.  Mr. Wingerson stated the draft minutes reflect the motion accurately, but do not reflect the outcome accurately.  The Planning Commission is recommending to City Council not to approve this request.  The Commission had several concerns, traffic safety being a primary one, and parking being a secondary concern, with an additional concern being lack of improvement to the property, and overall land use from a single family home.  There was a 0-10 vote on an affirmative motion.  The Planning Commission recommends to City Council to deny this request.

 

Applicant Presentation

 

There was no one present to represent the applicant.

 

Comments from those in Favor or Opposed of the Application 

 

There was no one who spoke in Favor or Opposition.

 

Mayor Smith Closed the Public Hearing.

 

Item 9a. on the Agenda.         FIRST READING BILL 03-31, approving a Special Use Permit subject to certain conditions to Jo Marie Armilio for operation of a Real Estate Office at 6212 NE Antioch Road.  (File #1198)

 

Mayor Pro Tem Wayne Beer moved to place Bill 03-31 on its 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 03-31, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Carol Rudi seconded.

 

Discussion

 

Mayor Pro Tem Wayne Beer stated that the location where this property is located, North Wabash and Antioch, is an extremely busy intersection.  Councilman Beer continued by saying because of the configuration of the intersection, the placement of the house on the property, the restrictive size of the property, and the potentially high intensity use of the property, in his opinion, this is not a good use for this property.  It is Councilman Beer’s opinion this Special Use Permit request does not fit the property and his intention is to vote “no”.

 

Councilman Carol Rudi reported she attended the Planning Commission meetings where this Special Use Permit was discussed.  The discussion included the fact that the number of employees at any one time would be restricted to two, however, there are five people who would actually be working there.  Councilman Rudi has observed at least four cars parked at the site at one time, and cars parked in the street, as well.  Councilman Rudi asked if this business is currently operating without a permit.

 

Assistant City Manager Scott Wingerson replied, yes.

 

Councilman Rudi stated she would be voting “no” on this issue.

 

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

 

Councilman Cross asked if this business would be asked to cease operation.

 

Assistant City Manager Wingerson replied he believes Ms. Armilio has made arrangements for a more traditional office space, and he will be visiting with her later this week.

 

Item 10. on the Agenda.         PUBLIC HEARING for consideration of a Special Use Permit subject to certain conditions to Toni Faust for operation of a Montessori School at 903 NE 76 Street.  Applicant/Owner:  Toni Faust.  (File #1202)

 

Mayor Smith opened the Public Hearing and explained the hearing process would be as stated for the previous Public Hearing.

 

Staff Presentation

 

Assistant City Manager Wingerson began by saying the Planning Commission recommends that this request not be approved based on two factors, one factor is protection of the children from an existing pond in the back of the property, and the other factor is egress onto NE 76th Street from the existing single family home driveway.  Based on these concerns, the applicant has provided the following information today:  “We would like to request and remand this Special Use Permit back to the Planning Commission in order to address several safety concerns.  Our intention is to work out problems related to NE 76th Street access and a fenced-in area away from the pond”. 

 

Mr. Wingerson stated it is the request of the applicant to return this request to the Planning Commission for an additional Public Hearing.

 

Mayor Smith asked when this request would come back before the City Council.

 

Assistant City Manager Scott Wingerson replied he believed this request would come before City Council at the October 27, 2003, City Council meeting.

 

Mayor Pro Tem Wayne Beer made a motion to remand this issue back to the Planning Commission and to continue this Public Hearing to the October 27, 2003, City Council meeting.  Councilman Carol Rudi seconded.  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)

 

Mayor Smith closed the Public Hearing.

 

Item 10a. on the Agenda.         FIRST READING BILL 03-32, approving a Special Use Permit subject to certain conditions to Toni Faust for operation of a Montessori School at 903 NE 76 Street.  (File #1202)

 

There was no action on the Bill.

 

Item 11. on the Agenda.         PUBLIC HEARING for a request to rezone from R-1 (Residential) to RP-2 (Planned two-Family Residential) at property located at the corner of NE 72nd Street and North Monroe and legally described as Lot 12, Glaywoods Subdivision.  Applicant/Owner:  City of Gladstone.  (File #1205)

 

Mayor Smith opened the Public Hearing and immediately continued it to the Monday, October 13, 2003, City Council meeting pending a recommendation from the Planning Commission.

 

Item 12. on the Agenda.         PUBLIC HEARING for consideration of a Special Use Permit subject to certain conditions to Joyce Vogt for operation of an in-home Nail Salon at 2201 NE 56 Terrace.  Applicant/Owner:  Joyce Vogt.  (File #1203)

 

Mayor Smith opened the Public Hearing and immediately continued it to the Monday, October 13, 2003, City Council meeting pending a recommendation from the Planning Commission.

 

Item 13. on the Agenda.         PUBLIC HEARING on a request to rezone from R-3 (Garden Apartment Residential District) to RCHP (Residential Cluster Housing-Planned) at property located at Shady Lane and North Oak Trafficway.  Applicant:  Reveda Development, LLC.  Owner:  Edith Investment Company, Inc. (File #1204)

 

Mayor Smith opened the Public Hearing and immediately continued it to the Monday, October 13, 2003, City Council meeting pending a recommendation from the Planning Commission.

 

Item 14. on the Agenda.         OTHER BUSINESS.

 

There was no other business.

 

Item 15. on the Agenda.         QUESTIONS FROM THE NEW MEDIA.

 

There were no questions from the News Media.

 

Item 16. on the Agenda.         ADJOURNMENT.

 

There being no further business to come before the September 8, 2003, Gladstone City Council Meeting, Mayor Les Smith adjourned the Regular Meeting.

 

Councilman Joe Evans 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, Exemption 610.021 (2) for Real Estate Acquisition Discussion, and Exemption 610.021 (3) for Personnel Discussion.  Mayor Pro Tem Wayne Beer seconded the motion.

 

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            

                                                  

 

                                                                  Approved as submitted:  ___

                                                                   Approved as corrected/amended: ___

 

                                                                         ______________________________

                                                                                       Mayor Les Smith