MINUTES
CITY COUNCIL MEETING
REGULAR MEETING
MONDAY SEPTEMBER 13, 2004
PRESENT: Mayor
Pro Tem Carol Rudi
Councilman
Les Smith
Councilman
Joe Evans
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: Mayor
Wayne Beer
Councilman Bill Cross
Mayor Pro Tem Carol Rudi opened the Regular
September 13, 2004, City Council Meeting at 7:30 PM in the Gladstone City
Council Chambers.
Item 3. on the Agenda. PLEDGE OF
ALLEGIANCE.
Mayor Pro Tem Carol Rudi led the Pledge of
Allegiance, in which all joined.
Item 4. on the Agenda. APPROVAL OF THE REGULAR AUGUST 23, 2004 CITY COUNCIL
MEETING MINUTES.
Councilman Les Smith moved to approve the Regular August 23, 2004, City Council Meeting Minutes as presented. Councilman Joe Evans seconded the motion. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Mayor Pro Tem Carol Rudi. (3-0)
Item 5. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Councilman Les Smith asked that RESOLUTION R-04-61, amending the 2005 Annual General Fund and Combined Waterworks Sewerage System (CWSS) Fund Budgets for the City of Gladstone, Missouri and authorizing expenditures of funds, be removed from the Consent Agenda for discussion as Item 5a. under the Regular Agenda.
Councilman Les Smith moved to accept the Consent Agenda as amended. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi. (3-0)
CONSENT AGENDA DETAIL:
Councilman Les Smith moved to approve RESOLUTION R-04-58, authorizing acceptance of a proposal from Westfall GMC of Kansas City, Missouri for the purchase of a 29,000 pound GVWR Freightliner Truck with an air-flow body and snow plow for the net purchase amount of $75,574.00. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi. (3-0)
Councilman Les Smith moved to approve RESOLUTION R-04-59,
authorizing acceptance of work under contract with Williams Spurgeon Kuhl and
Freshnock for the Design of the
Councilman Les Smith moved to approve RESOLUTION R-04-60, accepting a Quit-Claim Deed for Tract “A” from the Carriage Crossing Homes Association in conjunction with the 59th Terrace Drainage Improvements Project, No. 0209. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi. (3-0)
Councilman Les Smith moved to approve RESOLUTION R-04-62,
authorizing the City Manager to execute amendments to the Antenna Site
Lease Agreements with Verizon Wireless LLC for the
Councilman Les Smith moved to approve RESOLUTION R-04-63, authorizing execution of a contract with Ballard*King and Associates in the amount of $18,500.00 for a Community/Recreation Center Feasibility Study Update. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi. (3-0)
Councilman Les Smith moved to approve a NEW SIX DAY PACKAGE LIQUOR LICENSE AND SUNDAY PACKAGE LICENSE to CVS EGL Oak Trafficway, Kansas City, MO, Inc., dba CVS Pharmacy 05698, 7107 North Oak Trafficway. Managing Officer: Matthew J. Traver. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi. (3-0)
Item 5a. on the Agenda. RESOLUTION R-04-61, amending the 2005 Annual
General Fund and Combined Waterworks Sewerage System (CWSS) Fund Budgets for
the City of Gladstone, Missouri and authorizing expenditures of funds.
Councilman Les Smith moved to approve RESOLUTION R-04-61, amending the 2005 Annual
General Fund and Combined Waterworks Sewerage System (CWSS) Fund Budgets for
the City of Gladstone, Missouri and authorizing expenditures of funds. Councilman Joe Evans seconded
Councilman Smith commended City Manager Kirk Davis
and City staff on their diligent work on the City’s budget. Councilman Smith stated the re-appropriations
in the 2005 Budget Report shows $50,000 being recommended to pay down the
outstanding balance of the loan which funds property purchases for the downtown
area. Councilman Smith said he knows
equipment purchases have been deferred in the last two or three years and he
wondered if this money might be better used in replacing equipment, such as
police cars or other equipment.
City Manager Kirk
City Manager Davis stated Councilman Smith has
touched on a policy issue, and asked City Council members if they would rather
see the money utilized to acquire a couple of squad cars or for the money to go
back into the Capital Equipment Replacement Fund, with the idea the fund would
increase to $1,000,000. City Manager
Davis continued by saying if he were asked for what the money should be used,
and if Council does not want to put the money back into the Capital Equipment
Replacement Fund, he would suggest the money should probably be used for the
squad cars. City Manager
Councilman Smith stated as the City has committed to
the expenditure of funds for the
Councilman Smith continued by saying the City cannot
forever defer replacing equipment. There
is a greater burden being placed on the Parks and Recreation staff for
maintenance and mowing, and purchase of new equipment has been deferred. Councilman Smith concluded by saying he would
like to see at the very least the $50,000 put back into the Capital Equipment
Replacement Fund, with the City Manager coming back to City Council with a
recommendation.
Mayor Pro Tem Carol Rudi addressed City Manager
Davis by saying that Mr. Davis said if this line item were moved to the Capital
Equipment Replacement Fund, squad cars would be the first priority. If the line item were not moved to the
Capital Equipment Replacement Fund, would a request come forward in a month or
so for money for the squad cars?
City Manager
Councilman Les Smith moved to approve RESOLUTION
R-04-61, amending the 2005 Annual General Fund and Combined Waterworks
Sewerage System (CWSS) Fund Budgets for the City of Gladstone Missouri and
authorizing expenditures of funds, with the amendment to transfer a
proposed $50,000 re-appropriation from property loan repayment to the Capital
Equipment Replacement Fund. Councilman
Joe Evans seconded.
Mayor Pro Tem Rudi inquired what the process would be to amend this decision, if Mayor Wayne Beer and Councilman Bill Cross should want to move the $50,000 back to property loan repayment.
City Manager
Councilman Rudi asked if the money would not be expended until then.
City Manager
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi. (3-0)
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 Les
Smith had no comments at this time.
Mayor Pro Tem Carol Rudi asked if any members of
the Planning Commission or Board of Zoning Adjustment (BZA) will be attending
the Heartland Area Neighborhood Development Symposium (HANDS), which is being
held at the Kauffman Foundation,
Mayor Pro Tem Rudi asked Parks and Recreation
Director Sheila Lillis to provide an update on the upcoming park programs.
Parks and Recreation Director Sheila Lillis reported
The Movie in the Park, “
Councilman Rudi encouraged everyone to attend these
events.
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 Patricia Day for operation of a nail salon on property
located at
Mayor Pro Tem Carol Rudi 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. Day is requesting a Special Use Permit for 5008 North Old Pike Road to allow operation of a nail salon from the home at that location. The recommendation from Staff is for a one-year period of time. The actual business is proposed to operate from 8:00 AM to 6:00 PM, Tuesday through Saturday. The conditions listed on the Bill are typical for this type of business. The Planning Commission is recommending approval of this request.
Applicant Presentation
The applicant, Patricia Day, had no comments at this
time.
Councilman Smith asked if the Planning Commission
recommended approval of this Special Use Permit for a one-year period.
Mr. Wingerson replied the one-year period was
Staff’s recommendation based on the general practice of the Commission, which
is to allow a one-year trial period for a new Special Use Permit from the home,
and subsequent renewal for generally a longer term of normally around five years. The Planning Commission accepted Staff’s
recommendation.
Freddie Nichols, 5233 Old Pike Road, stated she was neither in
favor nor opposed to the application at this point, but she did have a
question. Ms. Nichols said her concern
is seeing any commercial activity being approved for
Mr. Wingerson stated the applicant’s actual request
is for the business hours to be on a more limited basis than he talked about at
the beginning of the Public Hearing. The
approximate number of clients would be 5 to 8 per day during those allowed
times. The applicant has constructed a
side driveway with a walk to a 10 foot by 10 foot room in the home. The principle purpose of the property will be
residential and for family purposes, with a nail salon in a small portion of
the house. Mr. Wingerson said he feels
the traffic that will be generated will be very limited as compared to the rest
of the traffic on
Councilman Rudi asked Mr. Wingerson to explain the
difference between a Special Use Permit and Commercial Development.
Mr. Wingerson replied a City Council approved
Special Use Permit allows an applicant to perform an activity that is not
otherwise allowed. One of the attributes
of a Special Use Permit is that if the applicant violates the conditions that
City Council approved, the Special Use Permit could be brought back before the
Planning Commission and the City Council to be revoked. If traffic, noise, smell, signage or other
issues become a concern to the neighborhood or community at large, the
Commission and Council members would have an opportunity to review the Special
Use Permit in a different light.
There were no further comments in FAVOR or
OPPOSITION of the application. Mayor Pro
Tem Rudi closed the Public Hearing.
Item 9a. on the Agenda. FIRST READING BILL NO. 04-39, approving a Special
Use Permit subject to certain conditions to Patricia Day for operation of a
nail salon on property at 5008 North Old Pike Road. Applicant/Owner: Patricia Day.
File No. 1234.
Councilman Joe Evans moved to place Bill 04-39 on First Reading. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi. (3-0). The Clerk read the Bill.
Councilman Joe Evans moved to accept the First Reading of Bill 04-39, 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, Mayor Pro Tem Carol Rudi. (3-0). The Clerk read the Bill.
Councilman Joe Evans moved to accept the Second and
Final Reading of Bill 04-39 and enact the Bill as Ordinance 3.930. Councilman Les Smith seconded.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Carol Rudi. (3-0)
Item 10. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 11. on the Agenda. QUESTIONS FROM THE
NEWS MEDIA.
There were no questions or comments from the News
Media.
Item 12. on the Agenda. ADJOURNMENT.
There being no further business to come before the September 13, 2004, Gladstone City Council Meeting, Mayor Pro Tem Carol Rudi adjourned the Regular Meeting.
Respectfully submitted:
___________________________
Cathy Swenson, City Clerk
Approved
as submitted: ___
Approved as
corrected/amended: ___
______________________________
Mayor Pro Tem Carol Rudi