MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

MONDAY AUGUST 23, 2004

 

PRESENT:          Mayor Wayne Beer

                             Mayor Pro Tem Carol Rudi

                             Councilman Bill Cross

                             Councilman Les Smith

                             Councilman Joe Evans  

 

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson

 

Mayor Wayne Beer opened the Regular August 23, 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 AUGUST 9, 2004 CITY COUNCIL MEETING MINUTES.

 

Councilman Bill Cross moved to approve the Regular August 9, 2004, City Council Meeting Minutes as presented.  Councilman Joe Evans 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 4a. on the Agenda.           A PROCLAMATION recognizing the United States Armed Forces and their contributions to our country.

 

Mayor Wayne Beer invited Commander Bob Box, of American Legion Post 626; Commander Jack Phillips, of VFW Post 10906; and Mr. Rainey Crawford, the Army Reserve Ambassador for the State of Missouri to join him in front of the Council dais.  Mayor Beer introduced VFW Post 10906 members who were present in the audience:  Sr. Vice Commander Louie Kadera, Junior Vice Commander Ron Bates, Quarter Master Joe Lyles, immediate past Commander J.R. Beasley, and past Commander David Reed.  Mayor Beer introduced American Legion Post 626 Adjutant Bill McDonald and Sergeant of Arms Cliff Burris.

 

Mayor Beer stated there were two individuals who were expected to attend this meeting, but who were not able to attend due to other commitments.  One individual who was expected to attend is Brigadier General Symanski, who is the regional Army Reserve Commander for the four state region, which includes Missouri, Kansas, Wisconsin, and Oklahoma.  General Symanski was unable to attend tonight’s meeting, as he just returned yesterday from Iraq and is attending a debriefing in Atlanta, Georgia.  Four Star General Hemley, who is the overall commander of the Army Reserve, also was unable to attend due to other commitments.

 

Mayor Beer read a proclamation recognizing United States Armed Forces and their contributions to our country and presented copies of the proclamation to Commander Box, Commander Phillips and Mr. Crawford.

 

Mr. Rainey Crawford stated he directly reports to General Hemley, who is the commander of the Army Reserve.  Mr. Crawford explained he attends events and meetings that General Hemley is unable to attend, and has been involved in legislation that involves pay, benefits and other issues for families of armed forces members.  Mr. Crawford continued by saying he and General Symanski have been working very hard on issues regarding homeland security and they work with FEMA, local authorities, and the National Guard to make sure if there were ever a catastrophe in this area, there would be a coordination of efforts.  Mr. Crawford thanked Mayor Beer and City Council members for their support of the men and women who go to war.  It is difficult to fully know the sacrifices they and their families are making.  Mr. Crawford asked that everyone continue to support our armed forces members.

 

Mayor Beer stated two City employees, Wayne Hakes and Kelly Kirk, are currently serving our country over seas.  Wayne Hakes is currently serving in Afghanistan and Kelly Kirk is serving in Iraq.

 

Mr. Crawford remarked that General Symanski would like to attend a future City Council meeting to personally thank City Council members for this recognition, and to give an update on what is happening in Iraq.  Mr. Crawford said he would coordinate General Symanski’s visit with City Clerk Cathy Swenson.

 

Item 5. on the Agenda.             CONSENT AGENDA

 

Following the Clerk’s reading, Councilman Bill Cross moved to accept the Consent Agenda as presented.  Councilman Joe Evans 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 RESOLUTION 04-53, authorizing the City Manager to execute a lease/purchase agreement and a maintenance agreement for seven copy machines with Imagistics.  Councilman Joe Evans 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 RESOLUTION 04-54, authorizing Change Order No. 3 in the amount of $51,842.00 to the contract with Kraus-Anderson Construction Company for the New Fire Station Project #025602.  Councilman Joe Evans 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 RESOLUTION 04-55, authorizing execution of a contract with Metro Asphalt, Inc., in an amount not to exceed $63,501.00 for the Happy Rock Trail Replacement, Phase Two, Project #055032.  Councilman Joe Evans 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 RESOLUTION 04-56, accepting Temporary Construction Easements and Permanent Easements from property owners in conjunction with the Santerra at Shady Lane Sub-Division.  Councilman Joe Evans 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 RESOLUTION 04-57, appointing City Clerk Cathy L. Swenson as the City’s Records Custodian and adopting the City’s Sunshine Law compliance policy.  Councilman Joe Evans 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 REPORTS FOR JULY 2004.  Councilman Joe Evans 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.

 

There were no communications from the audience.

 

 

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

 

Councilman Les Smith began by saying he was recently asked a question about the Northland Auto Sales construction project on North Oak Trafficway.  It appears there is a rough graded access drive to 59th Street or 59th Terrace.  The question was asked if the City approved this plan with or without the access drive.

 

Assistant City Manager Wingerson replied the City Council approved the plan without the access drive, and he believed the grading is the result of creating a stormwater detention area, and access for construction equipment only.

 

Councilman Smith stated he received a visit, today, from Ron Goens, who owns property on Northeast 76th Street.  Councilman Smith said, that at a meeting where Mr. Goens was asked to sign right-of-way and easement documents, he was told he would receive a letter documenting the process of the Northeast 76th Street project.

 

City Manager Davis replied that given the process with the utilities and the handful of easements that were received after the meeting with Mr. Goens, Staff may have neglected to update him on the progress.  Staff will be happy to send to Mr. Goens an update on this project.

 

Councilman Smith explained Mr. Goens had specific issues because of his tenants, and the letter was to specify the phasing of the project, and what his property’s access would be while certain points of ingress and egress were closed, which was an item of contention with him.  Councilman Smith requested a project update letter be mailed to Mr. Goens.

 

City Manager Davis stated these issues were discussed with Mr. Goens after the meeting, but that has been awhile, and he will be happy to see that a follow-up letter is mailed.

 

Councilman Bill Cross had no comments at this time.

 

Councilman Joe Evans had no comments at this time.

 

Mayor Pro Tem Carol Rudi asked Public Safety Director Bill Adamo to please pass on congratulations to David Rierson, who was promoted to Battalion Chief and Sean Daugherty, who was promoted to Fire Captain.  Councilman Rudi asked Parks and Recreation Director Sheila Lillis to provide an update on the upcoming Gladstone Theatre in the Park events and other park events.

 

Parks and Recreation Director Sheila Lillis reported the groundbreaking for the Happy Rock Park expansion is scheduled for 10:00 AM, Saturday, August 28th.  The Amphitheatre Golf Tournament will be held Wednesday, September 1st, at Paradise Pointe.  The Kansas City Ballet will perform at the Gladstone Amphitheatre at 6:00 PM, Friday, September 3rd.  The Movie in the Park, “Jurassic Park”, will be shown at 8:30 on September 17th.  An amateur film festival, sponsored by the Arts Council, will be held in conjunction with this performance. 

 

Mayor Wayne Beer had no comments at this time.

 

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.             PUBLIC HEARING on a request for a Special Use Permit subject to certain conditions to Amanda Ratcliffe for operation of a Child Care Center on residential property at 203 NE 73rd Street.  Applicant/Owner:  Amanda Ratcliffe.  File No. 1232.

 

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

 

Assistant City Manager Scott Wingerson began by saying Ms. Ratcliffe is requesting renewal of a Special Use Permit that was granted approximately one year ago by City Council to operate a day care center from her home with no more than 10 full time students.  The ordinance presented to City Council tonight is basically the same as the ordinance that City Council approved a year ago.  There are two changes, however, one is the term, which is 5 years in this ordinance.  The other change is that the hours of operation changed slightly from 5:00 AM to 6:00 PM to 6:00 AM to 7:00 PM.  Mr. Wingerson reported the Planning Commission voted 10-0 in support of this application.

 

Applicant Presentation

 

Amanda Ratcliffe, 203 NE 73rd Street, stated Mr. Wingerson covered everything and she had no further comments.  

 

There was no one to speak in FAVOR or OPPOSITION of the application.  Mayor Beer closed the Public Hearing.

 

Item 9a. on the Agenda.           FIRST READING BILL NO. 04-36 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 73rd Street.  Applicant/Owner:  Amanda Ratcliffe.  File No. 1232.

 

Councilman Bill Cross moved to place Bill 04-36 on First 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 First Reading of Bill 04-36 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 04-36 and enact the Bill as Ordinance 3.927.  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 10. on the Agenda.           PUBLIC HEARING on setting the annual rate of levy for the 2004 Real Estate and Personal Property Taxes within the corporate limits of the City of Gladstone, Missouri at $.5391/$100.00 valuation.

 

Mayor Beer opened the Public Hearing and explained the hearing process would be in basically the same format as the previous Public Hearing.

 

Staff Presentation

 

City Manager Kirk Davis reported the City’s 2004 assessed valuation is $336,610,796.  The 2004 assessed valuation represents a 0.3 percent increase compared to the previous year due to the Hancock Amendment, which is referenced in the memorandum in the City Council packet.  The City is limited to the lesser of actual growth (0.3 percent), the Consumer Price Index (2.3 percent), or 5 percent.  Our growth rate this year is 0.3 percent.  As a result, the maximum property tax rate permitted for Fiscal Year 2005 is projected to be $.5391 based on the 0.3 percent actual growth. 

 

The current budgeted property tax revenue, including the collection percentages for Fiscal Year 2005, is $1,694,495.  As a result, the City is projected to receive $1,692,696 from current property taxes, which is a $1,800 decrease from what we have in the budget.  City Manager Davis said the bill to set the levy is on the agenda tonight, and Staff recommends approval.

 

Mayor Pro Tem Rudi asked Finance Director Sweiven to provide the City’s highest tax levy amount and when that was in effect. 

 

Director Sweiven reported the City’s highest property tax levy was $.90 and that was in effect from 1959 through 1975.  Through that span of years, the levy remained at $.90.  From 1984 to 1985, when the Hancock Amendment began, it went from $.82 to $.55. 

 

There was no one to speak in FAVOR or OPPOSITION of the proposed levy.  Mayor Beer closed the Public Hearing.

 

Item 10a. on the Agenda.         FIRST READING BILL NO. 04-37, setting the annual rate of levy for the 2004 Real Estate and Personal Property Taxes within the corporate limits of Gladstone, Missouri at $.5391/$100.00 valuation. 

 

Councilman Les Smith moved to place Bill 04-37 on First 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 First Reading of Bill 04-37, 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 04-37 and enact the Bill as Ordinance 3.928.  Councilman Bill Cross 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. 04-38, approving the Final Plat of “Amended Plat of Claymont Pointe Sixteenth Replat”, 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.  Applicant/Owner:  J.D. Nelson Building Company.  File No. 1233.

 

Councilman Joe Evans moved to place Bill 04-38 on First Reading.  Mayor Pro Tem 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).  The Clerk read the Bill.

 

Councilman Joe Evans moved to accept the First Reading of Bill 04-38, Waive the Rule and place the Bill on Second and Final Reading.  Mayor Pro Tem 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).  The Clerk read the Bill.

 

Councilman Joe Evans moved to accept the Second and Final Reading of Bill 04-38 and enact the Bill as Ordinance 3.929.  Mayor Pro Tem Carol Rudi 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 12. on the Agenda.           OTHER BUSINESS.

 

There was no Other Business.

 

Item 13. on the Agenda.           QUESTIONS FROM THE NEWS MEDIA. 

 

There were no questions or comments from the News Media.

 

Item 14. on the Agenda.           ADJOURNMENT.

 

There being no further business to come before the August 23, 2004, Gladstone City Council Meeting, Mayor Wayne Beer adjourned the Regular Meeting.

 

 

 

Respectfully submitted:

 

 

 

___________________________

Cathy Swenson, City Clerk

 

 

                                                                                       Approved as submitted:  ___

 

                                                                                Approved as corrected/amended: ___

 

 

 

                                                                                ______________________________

                                                                                        Mayor Pro Tem Carol Rudi