MINUTES
CITY COUNCIL MEETING
REGULAR MEETING
MONDAY JULY 26, 2004
PRESENT: Mayor Wayne Beer
Mayor Pro Tem Carol
Rudi
Councilman Bill
Cross
Councilman Les
Smith
Councilman Joe
Evans
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: City Manager Kirk Davis
Mayor
Wayne Beer opened the Regular July 26, 2004, City Council Meeting at 7:30 PM in
the Gladstone City Council Chambers.
Item
3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor
Wayne Beer led the Pledge of Allegiance, in which all joined.
Item
4. on the Agenda. APPROVAL OF THE
REGULAR JUNE 28, 2004 CITY COUNCIL MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular June 28, 2004, City Council Meeting Minutes as presented. Councilman Carol Rudi seconded the motion. The vote: All “aye” - Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Item 5. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Councilman Bill Cross moved to accept the Consent Agenda as presented. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0).
CONSENT AGENDA DETAIL:
Councilman Bill Cross moved to approve a NEW CLASS “A” LIQUOR BY THE DRINK LICENSE for The Hide Out Bar & Grill, 6948 North Oak Trafficway. Managing Officer, Bruce M. Jones. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve a NEW CLASS “D” AND “H” 7 DAY BEER/WINE LICENSE for Karadjordje, LLC, 6579 North Oak Trafficway. Managing Officer, Todd Anderson. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve the ANNUAL LIQUOR LICENSE RENEWALS for:
TEZ, Inc. dba The End Zone, 7632 N. Oak Trafficway, Class A Liquor by the Drink License.
Tommy’s , 6221 North Chestnut, Class A&B Liquor by the Drink License.
Nardella, Inc. dba Mark & Michelle’s Bar & Grill, 7102 North Oak Trafficway, Class A Liquor by the Drink License.
Tortilla Flats,
Kyle’s Tap Room, 6825 North Oak Trafficway, Class A Liquor by the Drink License.
The Peanut in
Stone Canyon Pizza Company, 6433 North Prospect, Class A&B Liquor by the Drink License.
Central Western Buffet,
Trex Mart #7, (formerly Conoco
Food Mart),
Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve the FINANCIAL REPORT FOR JUNE 2004. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
REGULAR AGENDA
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Charles Carmack, 1505 NE 77th
Street, stated
10 years ago his neighbor behind him installed an above ground pool. Mr. Carmack came home one day to find his
backyard was flooded due to the neighbor draining his pool. Five years ago the neighbor sold the
house. Approximately four or five weeks
ago it rained, and about a week later, Mr. Carmack had a large pool of water in
his backyard. Mr. Carmack said he asked
a member of the City Code Enforcement Division to speak to his neighbor about
the draining of his pool. The Codes
Enforcement Officer stated the water was probably runoff from the rain or there
may be a well or spring on Mr. Carmack’s property.
Mr. Carmack said a storm caused a tree limb to fall
on a power line in his yard. When he and
his sons were cutting the tree down, they noticed a stream of water running
from the neighbor’s yard to his for about 4 hours. The water had to be coming from the
neighbor’s swimming pool. When Mr.
Carmack called City Hall, the Code Enforcement Officer stated the issue of
water draining from a swimming pool was not a matter he would address, and Mr.
Carmack has not yet heard from anyone from the City. Mr. Carmack asked that someone from the City
visit his property and talk to his neighbor to find out where the water is
coming from. Mr. Carmack asked if the
City has an ordinance regarding the draining of swimming pools.
Mr. Wingerson replied he will investigate this
matter, and will ask a Code Enforcement Officer to visit Mr. Carmack in the
morning. Mr. Wingerson said there are
springs in Mr. Carmack’s area, and it is a possibility that is where the water
is coming from, but the swimming pool is the first place to look.
Mr. Carmack thanked Mr. Wingerson and explained his
yard is lower than his neighbor’s and he would like to have an answer to this
problem and wants the water to stop flowing into his yard; especially as it is
swimming pool water that contains chemicals.
Councilman Bill Cross stated his Homeowners’
Covenant forbids water draining through yards.
Mayor Wayne Beer informed Mr. Wingerson he has
received complaints as to unresponsiveness from City staff.
Mayor Pro Tem Carol Rudi agreed that she has
received similar complaints.
Jaimie Smith-Hennessy, Nature’s Window, 6944 ½ North Oak Trafficway,
stated she was at the City Council meeting to appeal for a curfew for the
children in
Ms. Hennessy invited City officials and staff to
visit her business site in the evening of any day of the week. She will provide food and refreshments. Ms. Hennessy asked what she could do to help
get a curfew in Gladstone.
Mayor Wayne Beer stated Ms. Hennessy was doing the
right thing in bringing this issue to the attention of City Council members,
and being supportive of Public Safety is an important step. Mayor Beer agreed Public Safety officers have
a hazardous job, and if surrounding municipalities have curfews and Gladstone
does not, it makes our city a gathering spot for young people. Mayor Beer stated in his personal opinion,
this is something our city does not need.
Ms. Hennessy stated she is sincere in her invitation
to visit her place of business to see first hand the activity in the parking
lot at night and what the officers are having to do to police the area.
Councilman Les Smith asked what as a city we can do
especially since they are loitering en masse even before midnight?
City Counselor Dave Ramsay replied the Olympic Car
Wash posted “No Trespassing” signage for people not actually cleaning
cars. Mr. Ramsay stated as long as the
pool hall in the strip mall, where Ms. Hennessy’s business is located, is open
all night, it will be difficult to restrict the activity, as arguably the young
people could be patrons of the pool hall.
Ms. Hennessy stated she did not feel the young
people are patrons of the pool hall, although the pool hall is open all
night. The young people are in their
vehicles and are involved with drinking and drug activities. Ms. Hennessy has found articles of clothing
outside her business.
Councilman Smith asked if Ms. Hennessy had spoken to
her landlord.
Ms. Hennessy stated her landlord encouraged her to
address this issue.
Mayor Beer suggested to Mr. Wingerson to ask the
pool hall management to encourage customers to leave the area when they leave
the pool hall.
Councilman Smith suggested a Council Study Session
meeting be scheduled to discuss this issue and to formulate a plan.
Mayor Beer agreed.
Mayor Beer stated it has come to his attention Ms.
Hennessy has been selected as one of 25 Women Who Mean Business for 2004, sponsored
by The Business Journal, the Kauffman Foundation, and other prestigious
organizations. This award recognizes
women who have achieved business success.
Ms. Hennessy began with a retail store and is now offering Corporate and
In-Flight catering service. Mayor Beer
and City Council members congratulated Ms. Hennessy, which was followed by a
round of applause.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Joe Evans stated he attended the
Westgate Missouri Municipal League’s Leadership Award banquet where Anita
Newsom was honored as Gladstone’s nominee.
Councilman Evans stated this was a well-deserved honor recognizing Ms.
Newsom’s outstanding service to the community.
Councilman Evans asked for an update on the MBW business, and asked if
the Northland Chamber has listed MBW’s business address as the residence on
Antioch Road. Councilman Evans asked if
business is being conducted at the Antioch Road residence.
Mr. Wingerson replied he signed a letter to MBW
today and referenced the document from the Northland Chamber. Mr. Wingerson said the letter reiterated the
Antioch Road site is for residential use only and the letter served as a final
warning before enforcement action.
Councilman Evans stated it appears MBW business
owners continue to “thumb their noses” at the City, City staff, and City Council.
Councilman Smith stated this has been addressed
previously and asked if City Council members are united in bringing this
company into compliance.
Mayor Beer replied Council members were in agreement
on this issue in the past with a 5-0 consensus, and business activities need to
stop at this residential site.
Councilman Les Smith stated a citizen brought to
his attention that this meeting’s agenda and the last meeting’s minutes were
not posted on the website. Councilman
Smith asked that the billboard issue be discussed under “Other Business”.
Mayor Pro Tem Rudi congratulated the City on an
excellent July 4th celebration.
The fireworks were great!
Councilman Rudi congratulated Curtis Norris and Bret Atkins on their
promotion to Fire Captain. Councilman
Rudi asked Parks and Recreation Director Sheila Lillis to provide a report on
upcoming events at the Gladstone Amphitheatre.
Director Lillis reported the Gladstone Theatre in
the Park production, The Unsinkable Molly Brown, was held July 9th,
10th and 11th, with crowds of 3,000 to 4,000 each
night. The Gladstone Emergency
Management Agency (GEMA) provided excellent assistance at the production, and
the production went very well. This is
the 17th season for Gladstone Theatre in the Park. The Mame production will be August 6th,
7th and 8th, and should be a well attended show. The Kansas City Ballet is scheduled at the
Gladstone Amphitheatre on September 3rd. Director Lillis reported the final session of
swim lessons is beginning. The Senior
Trips are gearing up and are going well, and the Parks crew is very busy with
parks and maintenance issues.
Mayor Wayne Beer had no comments at this time.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
Acting City Manager Scott Wingerson had no comments at this
time.
Item 9. on the Agenda. APPROVAL OF LIQUOR LICENSE RENEWAL for Gladstone
Bowl, 300 NW 72nd Street, Class A&B Liquor by the Drink License.
Councilman Bill Cross moved to approve the LIQUOR LICENSE RENEWAL for Gladstone Bowl, 300 NW 72nd Street, Class A&B Liquor by the Drink License. Councilman Joe Evans seconded.
Councilman Les Smith stated he would be abstaining from voting on this issue, due to a conflict of interest, as he owns the business.
The vote: “Aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. “Abstain” – Councilman Les Smith. (4-0-1).
Item 10. on the Agenda. PUBLIC HEARING on a request for a Site Plan Revision for the Mazuma
Credit Union property located at 301 NW Englewood Road. Applicant/Owner: (File #1228).
Mayor Beer 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
Acting City Manager Scott Wingerson stated the applicant requests a site plan revision to allow the addition of an additional drive-thru teller location. The revision proposes extension of the existing bank canopy, and the proposed construction materials match the existing facility. The Planning Commission unanimously recommends approval of this application.
Applicant Presentation
Geoffery Ulmer, Burn-Ulmer Construction Company, stated this is a request to extend the existing canopy to allow for one more drive-thru location. The materials will match the existing facility.
Item 10a. on the Agenda. FIRST READING BILL 04-33, approving a Site Plan
Revision for the Mazuma Credit Union property located at 301 NW Englewood
Road. Applicant/Owner: Mazuma Credit Union. File No. 1228.
Councilman Bill Cross moved to place Bill 04-33 on First Reading. Councilman Les Smith seconded.
Mayor Pro Tem Carol Rudi stated the Planning Commission did a very good job in reviewing this application and she will be voting in favor of this Bill.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the First Reading of Bill 04-33 Waive the Rule and place the Bill on Second and Final Reading. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the Second and
Final Reading of Bill 04-33 and enact the Bill as Ordinance 3.924. Councilman Les Smith seconded.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0).
Item 11. on the Agenda. FIRST READING BILL NO. 04-34, amending Schedule IV
of the Model Traffic Code (Gladstone Municipal Code Section 18-12), to
establish a “No Parking” zone from 11:00 PM to 7:00 AM for north and south
bound traffic on North Grand Avenue from the intersection of Northeast 72nd
Street and North Grand Avenue north to Northeast 72nd Terrace and
correcting previous numbering on “No Parking” zones on Northeast 77th
Street and North Michigan.
Councilman Les Smith moved to place Bill 04-34 on First Reading. Councilman Bill Cross seconded.
Councilman Smith extended appreciation on behalf of the neighbors affected by this Bill to Mr. Wingerson and Sergeant Richard King for arranging a meeting with them, owners of the Groove and City staff members.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 04-34 Waive the Rule and place the Bill on Second and Final Reading. Councilman Bill Cross seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the Second and
Final Reading of Bill 04-34 and enact the Bill as Ordinance 3.925. Councilman Bill Cross seconded.
Councilman Joe Evans explained that due to his work schedule, he was unable to attend the Open Study Session Meeting, when this issue was discussed. Therefore, he would be abstaining from voting on this Bill.
Roll Call Vote: “Aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. “Abstain” – Councilman Joe Evans (4-0-1).
Item 12. on the Agenda. OTHER BUSINESS.
Councilman Smith referenced the information in the
City Council’s meeting packet regarding a proposed billboard on 169 Highway,
and asked how best to give direction to Staff on this issue.
City Counselor Dave Ramsay replied Council members
may advise Staff as to how to proceed without a formal resolution or bill.
Mayor Beer stated he cannot support the installation
of a billboard at this location, but he is not certain the rest of the Council
agrees.
Councilman Bill Cross agreed he is opposed to the
installation of a billboard.
Councilman Smith stated he would not be in favor of
seeing this issue on a future City Council meeting agenda.
Mayor Beer agreed and said if such a billboard were
approved, there could be issues as to what goes on the billboard. Mayor Beer stated he would not be supportive
of seeing this issue on an agenda.
Councilman Joe Evans stated he has received calls
from citizens in Gladstone and Kansas City.
This has been a sensitive issue for many years. Although it is a lucrative offer, and it is
difficult to look beyond the potential revenues, he would be opposed to the
installation of a billboard.
Mayor Pro Tem Carol Rudi stated the revenue for the
billboard would be substantial. Although
she has not received phone calls from citizens, she knows people who would not
want to see a billboard in the proposed area.
Councilman Rudi asked how many people would be able to see the billboard
from their homes?
Mr. Wingerson replied he was uncertain if any
Gladstone residents would be able to see the billboard from their homes.
Mayor Beer stated that although Gladstone residents
may not see the billboard, Kansas City residents may be affected, and he would
not want our City to make enemies of those people. Mayor Beer said he looks at this as “going to
bed with the devil”. We would have no
control as to what goes on the billboard.
The revenues would be substantial in the amount of $19,000 to $20,000.
Councilman Smith stated the billboard would not be
an economic development tool and it would not generate business for Gladstone. The billboard would not be a betterment for
our city. Councilman Smith asked is it
fair to ask even a few people to suffer for revenues equating to only
approximately 50 cents per capita.
Mayor Beer stated the consensus of the City Council
is not to move forward on the issue of a billboard on 169 Highway.
Item 13. on the Agenda. QUESTIONS FROM THE
NEWS MEDIA.
There were no comments from the News Media.
Item 14. on the Agenda. ADJOURNMENT.
There being no further business to come before the July 26, 2004, City Council meeting, Mayor Wayne Beer adjourned the Regular Meeting.
SYSTEM DID NOT PRESERVE VERBATIM MINUTES.
Respectfully submitted:
___________________________
Cathy Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Wayne Beer