MINUTES
CITY COUNCIL MEETING
REGULAR MEETING
MONDAY, JANUARY 26, 2004
PRESENT: Mayor Les Smith
Mayor
Pro Tem Wayne Beer
Councilman Joe Evans
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
Mayor Les Smith opened the Regular January 26, 2004,
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 JANUARY 12, 2004 CITY COUNCIL
MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular
January 12, 2004 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. Presentation of 2003 Mayor’s Community Holiday Tree
Lighting Fund Drive checks to Gladstone Neighbors Helping Neighbors, Mr. Art
Hammen, Executive Director; and the Northland Christmas Store, Ms. Ikey Harris,
Chairman. Presenter: Mayor Les Smith
Mayor Les Smith began by saying there were more contributors this year than in previous years. However, two major corporate sponsors did not contribute to the Mayor’s Community Holiday Tree Lighting Fund this year. One contributor did not contribute the $1,000 they typically give, and the other donated $1,000 directly to the Northland Christmas Store. If these contributions had been made to the Mayor’s fund drive, there would have been an all time high in funds collected.
Mayor
Smith presented to Mr. Art Hammen, Executive Director of Gladstone Neighbors
Helping Neighbors, a check for $1,694.34.
Mr. Hammen thanked the Mayor and City Council for their support of Gladstone Neighbors Helping Neighbors. On behalf of the Board of Directors, the volunteers, and especially the residents of Gladstone that Gladstone Neighbors Helping Neighbors serves, Mr. Hammen extended thanks to the Mayor and City Council, and to the citizens who made this very generous gift possible.
Mr. Hammen stated there is no cost to anyone who receives assistance from Gladstone Neighbors Helping Neighbors. Many thousands of dollars have been spent to assist residents in Gladstone thanks to the generosity of City Council members and members of the community who have contributed to the Mayor’s Community Holiday Tree Lighting Fund.
Mayor Smith invited Ms. Ikey Harris, Chairman of the Northland Christmas Store to step forward. Mayor Smith presented to Ms. Harris a check in the amount of $6,399.34. Mayor Smith thanked Ms. Harris for all the wonderful things she does in addition to her wonderful work with the Northland Christmas Store.
Ms. Harris thanked Mayor Smith and City Council
members and expressed her appreciation to all who contribute to the Northland
Christmas Store. Ms. Harris said the
money will be used to pay bills for the Northland Christmas Store.
Item 5. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
There were no communications from the audience.
Item 6. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Joe Evans had no comments at this
time.
Councilman Carol Rudi congratulated Paige Robbins,
50+ Program Coordinator, on the very nice article in the Dispatch Tribune,
which highlighted the 50+ Program and the wonderful job Ms. Robbins does in
coordinating this program. It was a
great article.
Councilman Rudi asked City Counselor David Ramsay to
please provide as soon as possible to City Council the Title II Public
Health, Safety and Welfare chapter from the Gladstone City Code. This chapter is scheduled to be discussed at
a City Council Open Study Session in February.
Councilman Rudi stated she would appreciate it if City Council members
could also receive future chapters for review as soon possible.
Councilman Bill Cross stated he had the privilege
to have lunch with Paige Robbins, who was very humble about her newspaper
article. Councilman Cross stated,
although Ms. Robbins is humble, he knows she does a very good job with the 50+
Program. Councilman Cross attended the
monthly Senior Citizen Luncheon, where he enjoyed good food and good
company. This luncheon is scheduled the
4th Monday of each month in the Gladstone Community Building. There were approximately 15 people present
when he attended, but they usually have about 40 people who attend.
Mayor Pro Tem Wayne Beer offered his congratulations
to Paige for such a nice article in the newspaper. It was great to see such positive remarks in
a publication. Councilman Beer remarked
“great job” to Ms. Robbins.
Mayor Les Smith stated he wished to echo congratulations to
Ms. Robbins and encouraged everyone to vote at the February 3rd
primary election. Mayor Smith asked City
Manager Davis to please install a handle on the door leading to the Council
dais.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis stated Ms. Robbins shared the newspaper article with him and he was very pleased with the very positive news commentary. City Manager Davis reported 90 tons of salt was received today, and it is hoped to receive more this week to fill the salt dome. Obtaining salt has been a problem this year. Staff has had to go to alternative sources other than our contractual vendor for salt.
City Manager Davis stated the City of Kansas City will be addressing the Sales Tax Holiday, and suggested our City needs to pay attention to their decision, as it will affect our businesses. If Kansas City supports the Sales Tax Holiday, the issue will be presented to our City Council.
City Counselor David Ramsay stated that Council does not have to do anything to participate in the sales tax holiday. If our City wishes to opt out of the sales tax holiday, action would be necessary, and the final date for the opt out is June 30th. However, Council may wish to pass a resolution in support of the sales tax holiday.
Mayor Smith suggested that our City wait until May to discuss this issue in order to see what other cities are doing.
Councilman Cross mentioned the sales tax holiday was discussed at a Mid-America Regional Council (MARC) meeting.
Councilman Beer asked if the salt contractor was unable to provide delivery of salt as outlined in their contract, and is this a one-year contract?
Public Works Director Andy Noll replied representatives from Independent Salt have informed the City a rail car was derailed between Kansas and Kansas City, which affected the distribution of salt. This is a one-year contract. Mr. Noll stated Independent Salt provides salt for many cities, including Kansas City, who is 14,000 tons behind in their deliveries. Mr. Noll reported Kansas City assisted our City with salt the last couple of days, and we will replenish their supply. The cost for salt under the City’s contract with Independent Salt is $28.67 per ton.
Councilman Cross asked how much salt is needed to cover the streets in Gladstone.
Mr. Noll replied 200 tons of salt are necessary to cover all the streets. The season was begun with 900 tons of salt and typically 1,400 tons of salt is purchased throughout the winter season.
Councilman Beer asked what size the salt dome would need to be to accommodate all the salt purchased in a year.
Mr. Noll replied the salt dome would need to be tripled in size, if the City were to store the entire year’s supply. Mr. Noll stated some sort of temporary storage is being investigated. Mr. Noll said we have had trouble receiving shipments of salt in the past, but it has not been an ongoing issue like it has been this year.
Councilman Beer asked how much salt was on hand before the 90-ton shipment was received.
Mr. Noll replied approximately 40 tons of salt was on hand prior to the 90-ton shipment.
Councilman Beer remarked, for clarification, if that is the case, is there not enough salt for a one time pass through the City.
Mr. Noll replied there is enough salt to cover the major snow routes, but there are some less traveled streets that will not get as much salt as they normally would receive.
City Manager Davis stated there is enough salt to get through the City. There just won’t be as much salt distributed on the streets as usual. City Manager Davis reported the cost to purchase salt from the secondary bidder is $45.00 per ton, which is substantially higher than the contract amount.
Director Noll stated salt was ordered from the secondary provider and it should arrive within three days. Salt will be put on the streets once the accumulation of snow has stopped.
Item 8. on the Agenda. PUBLIC HEARING: for consideration of a Site Plan
Revision for property located at 7117 North Prospect. Applicant:
Shafer, Kline & Warren, Inc.
Owner: Hy-Vee, Inc. (File #1214).
Mayor Smith opened the Public Hearing and
immediately continued it to the Monday, February 9, 2004, City Council Meeting
at the request of Staff.
Item 9. on the Agenda. PUBLIC HEARING: for consideration of renewal of a
Special Use Permit subject to certain conditions to a Child’s Garden for
purposes of operating a day care center in a RP-4 Zone at 3000 NE 64th
Street. Applicant: A Child’s Garden, Incorporated. Owner:
Heritage Care, Incorporated.
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 A Child’s Garden is a day care center located in Heritage Village on NE
64th Street. A Child’s Garden
has been open since 1997 and operating under a valid Special Use Permit that is
now up for renewal. Mr. Wingerson reported
the Planning Commission recommends approval by a unanimous vote of 10-0. The conditions in the draft ordinance are the
same as approved by previous City Councils.
Councilman Carol Rudi inquired into the brief gap in
when this permit was due to be renewed.
Mr. Wingerson replied the permit expired in January
of this year and their application was filed in plenty of time to be completed
by January 1st, but Staff asked the applicant to wait until after
January 1, due to the publication of Public Notices and so forth. The delay was due to no fault of the
applicant.
Mayor Smith asked the minutes to note the applicant
was not represented this evening. As
there were no comments in favor or opposed to the application, Mayor Smith
closed the Public Hearing.
Item 9a. on the Agenda. FIRST READING BILL 04-1, granting a Special Use
Permit subject to certain conditions to a Child’s Garden for purposes of
operating a Day Care Center in a RP-4 Zone at 3000 NE 64th Street.
Councilman Carol Rudi moved to place Bill 04-1 on
First Reading. Councilman Bill Cross
seconded. The vote: All “aye” –
Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro
Wayne Beer, Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the First
Reading of Bill 04-1, 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
Wayne Beer, Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the Second and
Final Reading of Bill 04-1 and enact the Bill as Ordinance 3.895. 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)
Item 10. on the Agenda. FIRST READING BILL 04-2, approving the Final Plat
of “Northaven Village Condominium Seventh Plat”, a subdivision in the County of
Clay, City of Gladstone, Missouri, and directing the appropriate officials to
affix their signatures to said plat for recording.
Mayor Pro Tem Wayne Beer moved to place Bill 04-2 on
First Reading. Councilman Bill Cross
seconded.
Mayor Smith asked Mr. Wingerson if he had any
comments regarding this Bill.
Mr. Wingerson stated the Planning Commission
recommends a unanimous ruling.
The vote: All “aye” – Councilman Joe Evans,
Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro 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 04-2, 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
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 04-2 and enact the Bill as Ordinance 3.896. 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)
Item 11. on the Agenda. FIRST READING BILL 04-3, amending Ordinance Number
2.818 by repealing Sections 18-61 and 18-63 relating to mandatory price
schedules and charges for towing services.
Councilman Bill Cross moved to place Bill 04-3 on
First Reading. Councilman Joe Evans
seconded. The vote: All “aye” –
Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro
Wayne Beer, Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the First
Reading of Bill 04-3, 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 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 04-3 and enact the Bill as Ordinance 3.897. 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 12. on the Agenda. RESOLUTION NO. R-04-9, adopting changes to the
structure and allowing enhancements of the benefits of the City of Gladstone’s
Deferred Compensation Plan.
Councilman Bill Cross moved to adopt RESOLUTION
NO. R-04-9, adopting changes to the structure and allowing enhancements of
the benefits of the City of Gladstone’s Deferred Compensation Plan. Mayor Pro Tem Wayne Beer seconded.
Mayor Smith asked City Manager Davis if he had
comments regarding this resolution.
City Manager Davis stated this resolution basically
allows the opportunity to enhance benefits for the City employees through the
City’s Deferred Compensation Plan. This
change allows the opportunity to look at health care benefits and for employees
to participate in investments like Roth and Traditional IRAs. City Manager Davis explained approval of this
resolution will allow the opportunity to provide more benefits to the employees
at relatively low or no costs. A couple
of these programs will be brought to City Council, once Staff has had an
opportunity to analyze them.
Human Resources Administrator Charlene Leslie stated
the revised plan document addresses the IRS final regulations issued on July
10, 2003, which are effective retroactively to January 1, 2002. Administratively, last year the City made
changes in the contribution limits.
However, the resolution modifies our plan and trust agreement. The adoption of the revised plan document
would lay the initial groundwork for considering the establishment of a Sidecar
IRA provision or a Health Care Savings Account.
Mayor Pro Tem Wayne Beer stated he believed there is
a provision whereby the employee is the actual owner of the plan. The North Kansas City School District
provided a somewhat similar plan that remained under the ownership of the
School District, which made it extremely difficult for an employee to gain
ownership. Councilman Beer commended Ms.
Leslie for not allowing such a situation to happen with the City.
The Vote: All
“aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross,
Mayor Pro Wayne Beer, Mayor Les Smith.
(5-0).
Item 13. on the Agenda. OTHER BUSINESS.
Mayor Smith designated Councilman Carol Rudi as Council liaison to the Arts Council. Mayor Smith stated Joyce Wild has resigned from the Planning Commission, and he recommended the appointment of Diane McGuire to fill Ms. Wild’s position.
Mayor Pro Tem Wayne Beer moved to appoint Diane McGuire to fill the position on the Planning Commission made vacant by the resignation of Joyce Wild. Councilman Joe Evans seconded. The Vote: All “aye” - Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Wayne Beer, Mayor Les Smith. (5-0).
Item 14. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 15. on the Agenda. ADJOURNMENT.
Mayor Pro Tem Wayne Beer made a motion to adjourn to
an Open Study Session begun prior to the Regular City Council meeting, followed
immediately thereafter by Closed Executive Session pursuant to the Missouri
Open Meeting Act exemption 610.021(1) for Litigation and Privileged
Communications Discussion, 610.021(2) for Real Estate Acquisition Discussion,
and 610.021(3) for Personnel Discussion.
Councilman Bill Cross seconded the motion.
Roll Call Vote:
All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill
Cross, Mayor Pro Tem Wayne Beer, and Mayor Les Smith (5-0)
Respectfully submitted:
__________________________
Cathy
Swenson, City Clerk
Approved
as submitted: ___
Approved as
corrected/amended: ___
______________________________
Mayor Les Smith