MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

MONDAY AUGUST 9, 2004

 

PRESENT:          Mayor Wayne Beer

                             Mayor Pro Tem Carol Rudi

                             Councilman Bill Cross

                             Councilman Les Smith

 

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson

 

ABSENT:            Councilman Joe Evans

 

 

Mayor Wayne Beer opened the Regular August 9, 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 JULY 26, 2004 CITY COUNCIL MEETING MINUTES.

 

Councilman Bill Cross moved to approve the Regular July 26, 2004, City Council Meeting Minutes as presented.  Councilman Les Smith seconded the motion.  The vote:  All “aye” - Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0)

 

Item 5. on the Agenda.             CONSENT AGENDA

 

Following the Clerk’s reading, Councilman Les Smith asked that Resolution 04-48 and the Sonnie of KC, Inc. dba The Groove, 316 NE 72nd Street, Class A Liquor by the Drink License be removed from the Consent Agenda and considered under the Regular Agenda as Items 5a. and 5b.

 

Councilman Bill Cross moved to accept the Consent Agenda as amended.  Councilman Les Smith seconded.  The vote:  All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).

 

CONSENT AGENDA DETAIL:

 

Councilman Bill Cross moved to approve RESOLUTION 04-49, authorizing execution of a contract with Damon Pursell Construction Company in the total amount not to exceed $1,214,211.88 for the Happy Rock West/Antioch Road Improvements.  Project 025025.  Councilman Les Smith seconded.  The vote:  All “aye” - Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)

 

Councilman Bill Cross moved to approve RESOLUTION 04-50, authorizing acceptance of work under contract with Dennis Johnson Construction Company, Inc. for the Rock Creek Detention Basin at 68th Street and North Prospect; and authorizing final payment in the amount of $18,785.46 for Project 0122.  Councilman Les Smith seconded.  The vote:  All “aye” - Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)

 

Councilman Bill Cross moved to approve the ANNUAL LIQUOR LICENSE RENEWAL for HyVee, 7117 North Prospect, for a Package Liquor and Wine Tasting license.  Councilman Les Smith seconded.  The vote:  All “aye” - Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)

 

REGULAR AGENDA

 

Item 5a. on the Agenda.           RESOLUTION 04-48, increasing the City Manager’s authority to negotiate loans for the city from $1,000,000 to $1,300,000 for real property purchases for economic development and other public purposes.

 

Councilman Les Smith moved to approve RESOLUTION 04-48, increasing the City Manager’s authority to negotiate loans for the City from $1,000,000 to $1,300,000 for real property purchases for economic development and other economic purposes.  Councilman Bill Cross seconded. 

 

Councilman Les Smith stated when discussions were first held concerning purchasing properties for what is known as our downtown area, property acquisition was not to exceed $1,000,000.  At that point in time Councilman Smith felt his personal threshold was $1,000,000.  Councilman Smith said it is his understanding that at a meeting he was unable to attend, there was discussion about acquiring some additional property.  Councilman Smith stated he wished to be perfectly clear, and his record over 20 years shows he is wholly supportive of the concept of a downtown area, and he supports purchasing property to get the process moving.  However, Councilman Smith said, his threshold is still $1,000,000, and this action is seeking an increase of 30 percent over that amount.  Councilman Smith said as he was unable to have input at the meeting he was not able to attend, he would like the opportunity to vote on this issue separately. 

 

Councilman Smith said he is concerned that paying interest on $1,300,000 is real money.  If this project begins and satisfactory proposals are received, and the area develops in the next three to four years, it will be great.  If the project is delayed over a period of years, the City will have committed tens of thousands of dollars in interest payments every year.  In looking at the City’s financial condition, is why Councilman Smith had said his comfort level is $1,000,000.  Councilman Smith stated he wished to have the opportunity to be consistent with his thoughts on this matter by voting on it.

 

Mayor Wayne Beer asked City Manager Kirk Davis to discuss the reason for the dollar increase in the authority to negotiate loans.

 

City Manager Kirk Davis stated at the meeting, which Councilman Smith mentioned, there was an update on the status of acquisitions and there were two properties that were felt to be absolutely significant that the City needed to move forward on which required the authority to negotiate loans to be increased to $1,150,000.  There are a couple of properties adjacent to 40 acres the City owns that gave access to a road, and there was a feeling the City might want to reconsider the acquisition of those properties, which would be part of the development of a downtown area.  The addition of these properties increased the amount to $1,300,000. 

 

Mayor Beer explained that the City is not in a position to be any more specific at this time. 

 

Councilman Smith stated he understands, but it still remains that his comfort level is $1,000,000.  Councilman Smith said he has had experience, when times are tough, paying interest on $1,000,000 and it is a lot of money.  There are some service issues in our City that tens of thousands of dollars a year could solve.  At some point the City has to draw the line with its speculation of properties, and there has to be prioritization of the properties already bought.  The City is offering way beyond current value for property because of the downtown district, and the bar has been set high for the cost of acquiring property.  Sometimes, however, we have to pick and choose what we do. 

 

Mayor Beer stated he understands Councilman Smith’s concerns.  Mayor Beer said his thoughts are that given the special conditions that have occurred in this particular situation, and in order to increase the likelihood of furthering this downtown development on a timely basis, this is one of those times we will have to move ahead to accomplish our goals.  There are things we have to be aggressive about and this is one of those times we need to be aggressive.

 

Councilman Smith stated he did not disagree, and if he thought for one second that his opinion on this matter would any way hinder the downtown project, he would agree, but the fact of the matter is, it will not hinder the downtown project.  The City has other tools with which to be aggressive that are not going to cost the City if the project does not happen in a timely fashion.  Once property has been bought by the City, at the price the City is paying, the interest clock on the loan keeps on ticking, as opposed to the other tools the City has at its disposal that do not have as much risk attached to them. 

 

Mayor Pro Tem Carol Rudi asked City Manager Davis if there would be a time that he would negotiate a loan for property when City Council members would not be aware of the negotiations. 

 

City Manager Davis replied no, everything has been above board and information has been presented in a timely fashion.  City Council has approved all acquisitions before the City became involved. 

 

Mayor Pro Tem Rudi asked if there is language that could be included in this action that states this process would not take place without some kind of a consensus or Closed Session meeting with the City Council.

 

City Manager Davis replied City Council members have his word, because that is the way business has been conducted in the past.  Discussion of property acquisitions has been conducted in Closed Session meetings, if appropriate, and handled as it should be relative to any Sunshine Law issues.  The policy issues have been very clear.  There have been conflicting policy issues in a couple of cases that caused Staff to come forward to ask City Council members if they wished to move forward that happened to take the costs over the threshold that Councilman Smith has mentioned.  Did they make sense with the overall plan the City is trying to implement?  The answer is yes, and City Council gave their approval. 

 

Councilman Rudi stated she looks at this as if Mr. Davis were not the City Manager; this resolution authorizes the City Manager, not City Manager Davis, to negotiate for loans.  Councilman Rudi asked City Counselor Ramsay if there is language in the resolution that should be changed and should the resolution be put off for another City Council meeting.  Councilman Rudi asked Mr. Ramsay what his recommendation would be as far as making certain that the process that has been followed, which is the correct process, continues to be followed.

 

City Counselor Ramsay replied language could be interlineated in the resolution specifying Mr. Davis as the City Manager. 

 

City Manager Davis stated the amount could be $1,150,000 in the resolution, because that is where we are at this time.  The additional amount was added so that if City Council chooses to move forward with additional properties, there is some leeway without having to approve another resolution.

 

Mayor Beer stated an important consideration is that even though the City Manager is permitted to negotiate loans for real property purchases, the projects do not happen without City Council approval.

 

Councilman Smith asked confirmation that City Council members have to ultimately authorize the purchase of property, as was done for another parcel on Broadway and property on Old Pike Road. 

 

City Manager Davis replied that is correct.

 

Councilman Smith stated the resolution states the City Manager may negotiate the loans for real property purchases, but City Council members have ultimate authority as to actually closing on the property.

 

Mayor Beer agreed that was correct, and stated that is one of the reasons he does not fear permitting the elevated negotiation levels to occur.  Mayor Beer stated he did not feel City Council members should be concerned with the City Manager versus City Manager Kirk Davis language in the resolution, at least in the time frame by which these negotiations would take place. 

 

Councilman Smith stated property negotiations have been handled with the proper process and Councilman Smith qualified his remarks early on by saying he was unable to attend a meeting in which this was brought to City Council members.  Councilman Smith asked City Manager Davis to not interpret this in any other way.  Councilman Smith stated he appreciated Councilman Rudi’s comments and she made a very good point. 

 

Councilman Bill Cross stated he appreciates Mr. Smith’s principle for which he feels strongly, and he also has respect for City Manager Davis.  Councilman Cross continued by saying he feels City Manager Davis should be given the opportunity to negotiate loans as outlined in the resolution, and if City Council does not agree with the negotiations, they can stop the process.  Councilman Cross commended Councilman Smith for standing on his principle, but City Council members will ultimately have the opportunity to approve property purchases.

 

The vote:  “Aye” - Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  “Nay” – Councilman Les Smith.  (3-1)

 

Item 5b. on the Agenda.           APPROVAL OF ANNUAL LIQUOR LICENSE RENEWAL for Sonnie of KC, Inc. dba The Groove, 316 NE 72nd Street, Class A Liquor by the Drink License.

 

Councilman Les Smith moved to approve the annual Liquor License Renewal for Sonnie of KC, Inc. dba The Groove.  Councilman Bill Cross seconded.

 

Councilman Smith commended the owners of The Groove.  There have been some problems with the patrons of the business, which has created a disturbance to the neighborhood.  Sergeant Richard King and Assistant City Manager Scott Wingerson facilitated a joint meeting with the owners of The Groove and the residents.  Councilman Smith said he understands the meeting went very well, and he commends the owners of The Groove for being willing to work with the City and the neighborhood to mitigate the concerns.  There were some concerns with the owners of The Groove after the renewal of their liquor license last year.  Councilman Smith hopes it has been learned from those concerns that there needs to be a more effective and timely way to monitor certain situations and to be able to respond to those situations.  The City can work with business owners and business owners can work with the City.  The flip side is that it did seem to take a while to get that accomplished in this situation.

 

The vote:  All “aye” - Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)

 

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 Les Smith stated he would be out of town Friday, which is the day Public Works Director Andy Noll will be leaving his employment with the City.  Councilman Smith thanked Director Noll for his service to the City.  Councilman Smith said he had the opportunity to work through some neighborhood issues with Mr. Noll on the North Main project, and also worked with him in regard to right of way acquisitions on the 76th Street project.  Mr. Noll handled himself in a very professional manner, and he has been a great employee of the City.  Councilman Smith wished Mr. Noll well in his new endeavors.

 

Councilman Smith reported he attended the Clay County Commission meeting today and they did vote to place the Bi-State II measure on the November ballot.  Councilman Smith suggested our Arts Council have an opportunity to review the proposal and perhaps consider endorsement, and he hopes our City Council will do so in the near future.

 

Councilman Cross asked when the next Arts Council meeting would be held.

 

Parks and Recreation Director Sheila Lillis replied the next Arts Council meeting is scheduled for September 20th. 

 

Councilman Smith asked Director Lillis to place the Bi-State II issue on the Arts Council meeting agenda, and offered to make a brief presentation regarding this issue at the meeting.

 

Councilman Bill Cross reported he attended two of the three nights of the Gladstone Theatre in the Park production of MAME.  Councilman Cross estimated approximately 8,000 people attended the productions.  The weather could not have been better.  City Manager Davis attended the production, where there was good food and good company.

 

Mayor Pro Tem Carol Rudi asked Parks and Recreation Director Sheila Lillis to provide an update on future activities at the Gladstone Amphitheatre.

 

Parks and Recreation Director Lillis reported there is a fund raising golf tournament, September 1st at Paradise Pointe, to benefit the Gladstone Theatre in the Park program.  The next scheduled event at the Gladstone Amphitheatre is the Kansas City Ballet on Friday, September 3rd, at 6:00 PM.  On Friday, September 17th, the film Jurassic Park will be shown at 8:30 PM.  That will conclude the 2004 season. 

 

Mayor Pro Tem Rudi asked Public Safety Director Bill Adamo to offer congratulations to Officer Stefan Smith who is now Corporal Smith.  Councilman Rudi thanked Public Works Director Noll for the Water Treatment Plant light deflectors that have been installed.  Councilman Rudi stated Mr. Noll will be missed, and she has enjoyed working with him.  Councilman Rudi offered to Mr. Noll her wishes for the best of luck in the future.

 

Mayor Wayne Beer began by saying there are also a couple of promotions in the Fire Bureau, and asked Director Adamo to forward congratulations to them on their promotions.  Mayor Beer extended appreciation to Mr. Noll for his service to the City and wished him the best of luck with his new business, W.A. Noll and Associates.  Mayor Beer said he knows that if Mr. Noll conducts his own business as he has with the City, his business will be a successful concern.  Mayor Beer said he would be at the Public Works facility, Tuesday, for Mr. Noll’s farewell reception.

 

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

 

City Manager Kirk Davis had no comments at this time.

 

Item 9. on the Agenda.             FIRST READING BILL NO. 04-35, approving the Final Plat for Lots 1 and 2, First Replat of Stonebrook Estates, 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.

 

Councilman Bill Cross moved to place Bill 04-35 on First Reading.  Councilman Les Smith seconded.  The vote:  All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Councilman Bill Cross moved to accept the First Reading of Bill 04-35 Waive the Rule and place the Bill on Second and Final Reading.  Councilman Les Smith seconded.   The vote:  All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer.  (4-0).  The Clerk read the Bill.

 

Councilman Bill Cross moved to accept the Second and Final Reading of Bill 04-35 and enact the Bill as Ordinance 3.926.  Councilman Les Smith seconded.

 

Roll Call Vote:  All “aye” – Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0).     

 

Item 10. on the Agenda.           RESOLUTION 04-51, authorizing acceptance of a proposal from Cargill, Incorporated for the purchase of Snow Removal Salt.

 

Councilman Bill Cross moved to approve RESOLUTION 04-51, authorizing acceptance of a proposal from Cargill, Incorporated for the purchase of Snow Removal Salt.  Councilman Les Smith seconded.  The vote:  All “aye” - Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)

 

Item 11. on the Agenda.           RESOLUTION 04-52, authorizing the City Manager to approve a Cooperative Agreement between the Meadowbrook Townhomes Association and the City of Gladstone, Missouri, conveying to the City an 8” Sanitary Sewer Main and assisting the Meadowbrook Townhomes Association in the resurfacing of Northeast Askew Circle.

 

Councilman Les Smith moved to approve RESOLUTION 04-52, authorizing the City Manager to approve a Cooperative Agreement between the Meadowbrook Townhomes Association and the City of Gladstone, Missouri, conveying to the City an 8” Sanitary Sewer Main and assisting the Meadowbrook Townhomes Association in the resurfacing of Northeast Askew Circle.  Councilman Bill Cross seconded.  The vote:  All “aye” - Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)

 

Item 12. on the Agenda.           MOTION FOR APPROVAL OF A BUILDING PERMIT for a Detached Building on property located at 7101 NE Antioch Road.  Applicant:  American Building.  Owner:  David Belfonte.

 

Councilman Les Smith moved to approve a BUILDING PERMIT for a Detached Building on property located at 7101 NE Antioch Road.  Applicant:  American Building.  Owner:  David Belfonte.  Councilman Bill Cross seconded.  The vote:  All “aye” - Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0)

 

Item 13. on the Agenda.           OTHER BUSINESS

 

There was no Other Business.

 

Item 14. on the Agenda.           QUESTIONS FROM THE NEWS MEDIA. 

 

There were no comments from the News Media.

 

Item 15. on the Agenda.           ADJOURNMENT.

 

Councilman Les Smith made a motion to adjourn to Closed Executive Session pursuant to the Missouri Open Meeting Act exemption 610.021(1) for Litigation and Confidential or Privileged Communications with Legal Counsel, 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 Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (4-0).     

 

 

 

Respectfully submitted:

 

___________________________

Cathy Swenson, City Clerk

                                                                                       Approved as submitted:  ___

                                                                                Approved as corrected/amended: ___

 

                                                                                ______________________________

                                                                                               Mayor Wayne Beer