MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

MONDAY SEPTEMBER 13, 2004

 

 

PRESENT:          Mayor Pro Tem Carol Rudi

                             Councilman Les Smith

                             Councilman Joe Evans  

 

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

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 Gladstone City Hall addition and authorizing final payment in the amount of $1,391.25 for Project No. 036015.  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-04-60, 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 Linden and Antioch Water Tower sites, to permit Verizon to install new antennas and related equipment at the sites.  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-04-63, 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)

 

REGULAR AGENDA

 

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 Davis replied that the thought process has been to reimburse the Capital Equipment Replacement Fund, which was utilized to balance the budget the last two years.  From savings in the City’s operation, it was possible to reimburse the fund.  Staff would like to see the Capital Equipment Replacement Fund increased to approximately $1,000,000 as it is anticipated fleet maintenance and fleet replacement in the future will be expensive. Right now with this reimbursement, the fund will be approximately $800,000.  The $50,000 could go back into the Capital Equipment Replacement Fund.  Money is budgeted for the Civic Center project in the 2005 budget.  The $50,000 shown in the report was a decision to pay down the outstanding balance of the property loan. 

 

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 Davis asked for Council’s guidance as to which purpose they would like to see the funds used.

 

Councilman Smith stated as the City has committed to the expenditure of funds for the Civic Center, he would suggest that the money should be put back into the Capital Equipment Replacement Fund.  The Capital Equipment Replacement Fund balance has been invaluable to the City’s budget over the last couple of years.  However, we need to start using that money for its intended purpose of capital equipment replacement.  Councilman Smith suggested for the sake of approving the re-appropriations tonight, to delete the $50,000 line item to pay down the debt, and put it back into the Capital Equipment Replacement Fund with the direction to the City Manager to identify the highest priorities towards which the money should be used, whether it be squad cars or other equipment. 

 

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 Davis replied if there were a problem with the fleet, the issue would be addressed with the mid-year budget, or if the City’s financial situation improved, he would recommend replacing four squad cars per year, as the City has previously done.  Something would not happen in a month, but potentially a request for equipment replacement, based on priority, could be made at mid-year, and squad cars would be a high priority.  Depending on the City’s financial situation and how revenues come in, a request could be made with next year’s budget.

 

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 Davis replied a mid-year budget proposal will be brought forward for action by City Council at the mid-year term, and this expenditure will be addressed by a recommendation at that point.

 

Councilman Rudi asked if the money would not be expended until then.

 

City Manager Davis confirmed that was correct.

 

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, 4801 Rockhill Road in Kansas City, Missouri.

 

Assistant City Manager Scott Wingerson replied he is unaware of any members of the Planning Commission or the Board of Zoning Adjustment attending this event.  City staff will be assisting in the planning of the conference.  All of the people involved in Gladstone on the Move were invited, and Mr. Wingerson said he believes about six members of this group are planning to attend.

 

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, “Jurassic Park”, will be shown at the Gladstone Amphitheatre at 8:30 PM on September 17th.  October 29th is the date for “Fright Night” at the Gladstone Amphitheatre.

 

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 5008 North Old Pike Road.  Applicant/Owner:  Patricia Day.  File No. 1234.

 

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 Old Pike Road, as Home Depot is already located on this street.  Ms. Nichols stated her main concern is the traffic and asked if there has been a traffic study.  Ms. Nichols said she is concerned with commercial activity in a residential area. 

 

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 Old Pike Road.

 

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