MINUTES
CITY COUNCIL MEETING
REGULAR MEETING
MONDAY DECEMBER 13, 2004
PRESENT: Mayor
Wayne Beer
Mayor
Pro Tem Carol Rudi
Councilman Bill Cross
Councilman
Les Smith
Councilman
Joe Evans
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
Mayor Wayne Beer opened the Regular December 13,
2004, City Council Meeting at
7:30 PM in the
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 NOVEMBER 29, 2004 CITY COUNCIL
MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular November 29, 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 and Mayor Wayne Beer. (5-0)
Item 4a. on the Agenda. PRESENTATION TO THE CITY OF THE
STORM READY COMMUNITY AWARD.
Mayor Beer invited Fire Inspector Chuck Duddy to step forward.
Fire Inspector Duddy recognized Mr. Lynn Maximuk, from the National Oceanic and Atmospheric Administration (NOAA) Weather Service who was in attendance to present to the City the Storm Ready Community Award.
Lynn Maximuk, Meteorologist in Charge at the National
Weather Service office in
Mr. Maximuk stated part of being ready for a national disaster is having a good working relationship with different governmental agencies, which is one of the things that was considered by his office before recognizing our community. This is a national recognition, which is granted by the State Emergency Management Agency. The National Weather Service also reviews the applications.
Mr. Maximuk presented to Mayor Beer and Fire Inspector
Duddy a letter of appreciation, and said he hoped the letter is displayed with
pride within the City. Mr. Maximuk
offered congratulations for the hard work that was necessary to earn the Storm
Ready Community Award, and thanked Mr. Duddy for his hard work. Mr. Maximuk presented two signs to place at
roadside that recognize our community’s recognition as a Storm Ready
Community. Mr. Maximuk explained that
every couple of years the City’s status will be reviewed to be certain our
community is keeping up with the high standards that have been met. Mr. Maximuk again offered his congratulations,
and stated he looked forward to continuing to work with the City of
Mayor Beer stated as long as the City has employees such
as Chuck Duddy, the GEMA (Gladstone Emergency Management Agency) folks, and our
Public Safety staff, he is certain the City will have no problem maintaining
the status of a Storm Ready Community.
Mayor Beer thanked Mr. Maximuk for this award. Mayor Beer thanked Mr. Duddy for his efforts
with regard to making
Mr. Chuck Duddy introduced GEMA volunteers in attendance, Jim Olshefski, Janet McCloud, Tim Kamphetner, and Mike Webb.
Councilman Bill Cross thanked Mr. Duddy, and stated he has seen GEMA volunteers at work, but it is nice to have them introduced by name. Councilman Cross thanked GEMA volunteers for all their hard work.
Item 5. on the Agenda. CONSENT AGENDA
CONSENT AGENDA DETAIL
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, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-04-83, authorizing acceptance of work under contract with Pyramid Excavation & Construction, Incorporated for the 59th Terrace Drainage Improvements Project and authorizing final payment in the amount of $11,803.84 for Project 025009. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-04-84, authorizing execution of a contract with Dennis Johnson Construction, Incorporated, in the total amount not to exceed $75,176.00 for the 2200 Block of the 60th Street Drainage Improvements Project 045030. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-04-85, authorizing execution of a contract with WCI, Incorporated, for the total amount not to exceed $210,995.13 for the 67th and Forest Drainage Improvements Project 045033. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-04-86, authorizing acceptance of work under contract with Miller Paving & Construction, LLC., for the 2003 Arterial Sidewalk and 2004 Curb and Sidewalk Programs and authorizing final payment in the amount of $15,148.26 for Project 035011-045007. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-04-87, authorizing acceptance of work under contract with Irvinbilt Company for the Drop Slide for the Municipal Pool Project and authorizing final payment in the amount of $2,530.89 for Project 046050. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve a LIMITED ONE
DAY BEER & WINE LICENSE to
Councilman Bill Cross moved to approve the FINANCIAL REPORTS FOR OCTOBER 2004. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Mayor Beer stated there has been a recent loss to our
City and to the area with the death of State Representative Dan Bishop. Mr. Bishop passed away just last week very
unexpectedly. Representative Bishop,
prior to being elected to the State Assembly, was previously a Councilman and
Mayor of the City of
Mayor Beer asked for a few moments of meditation in Representative Bishop’s honor.
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 Bill Cross thanked the City and
Administrative staff for sending City Council members to the National League of
Cities Conference in
Councilman Cross welcomed Melinda Mehaffy, Economic
Development Administrator, to her first City Council meeting, and said he hoped
there would be many more she would have the opportunity to attend. Councilman Cross addressed Finance Director
Cash Sweiven by saying he noticed the sales tax is up $25,000 over this time
last year, which is heading in the right direction.
Councilman Les Smith welcomed Ms. Mehaffy. Councilman Smith asked Finance Director Cash
Sweiven if it was his last City Council meeting before beginning his new job in
the City of
Councilman Smith said there is much that could be
said in regard to the passing of former Mayor Dan Bishop. No one worked any harder than Mr. Bishop to
keep Councilman Smith out of the City Council seat, and yet they were still
able to become friends. Councilman Smith
said there are a lot of stories he could tell, as Mr. Bishop and he had epic
battles. Fortunately they were willing
to have those battles outside of the City Council Chambers. Through all that, they began to agree on
issues and became friends. Councilman
Smith said some of the stories would be pretty funny, and some would explain a
lot of things, but at this point, he would like to keep those stories between
the two of them. Dan Bishop was very
dedicated, honorable, and had a passion for public service, the likes of which
may not be seen again. None of that
really matters now. There is a wife
without a husband, and two little boys without a father. Councilman Smith said he wondered when the
reality of Dan Bishop’s passing would sink in, and he believed it had this
evening.
Councilman Joe Evans stated he, too, mourns the
loss of Representative Dan Bishop. Although
he knew him for a short time, he was very passionate about public service. He will be missed.
Councilman Evans addressed Finance Director Cash
Sweiven by saying he too would be missed.
Councilman Evans said he hates to see Director Sweiven leave the City of
Councilman Evans inquired into the status of the
Councilman Evans stated this is an issue that has
been brewing for many months.
Assistant City Manager Wingerson agreed and said the
owner continues to make improvements on the property that are consistent with
residential use, although it could be taken another way.
Councilman Evans replied there is the appearance
that the owner is continuing to “thumb their nose” at the City, City staff, and
City Council. Councilman Evans asked if
Staff is stepping up anything at all in regard to enforcement of these
issues. Councilman Evans stated he knows
there is a restriction as to the number of trucks, trailers, and equipment that
can be at the site. Friday evening there
were 15 vehicles on the property. There
was at least 10 vehicles on Sunday morning, and this evening there is a large
trailer parked on the detached garage portion of the property. Councilman Evans said he was just curious as
to where the City is with this issue, and maybe Counselor Ramsay can provide
information he has received from the owner’s attorney.
City Counselor David Ramsay said the last time he
heard from the owner’s attorney, he wanted to have a meeting. However, Mr. Ramsay has phoned him a few
times, the latest being this afternoon, and he has not received a response as
to how the owner’s attorney wishes to structure the meeting. Counselor Ramsay said when the attorney does
phone Mr. Ramsay, he will inform him that the City is at the point of some
enforcement action. That should
encourage them to meet with the City.
Councilman Evans stated he fears that after six
months or nine months passes, the owner will re-apply for a rezoning and a
variance as they did before, and will have continued to make improvements to
what is zoned as a residential property.
Councilman Evans asked City staff to stay on top of this issue.
Mr. Wingerson stated he is not sure of the owner’s
intent. They would be able to apply to
the Planning Commission and ultimately the City Council for those types of
requests. Mr. Wingerson said he believes
the last correspondence to the owner indicated there would be a limit to the
amount of time before the issue would be moved forward to our municipal court,
if that was the only choice the owner left to the City. Mr. Wingerson stated Staff would appreciate
just a little more time to give the owner every benefit of the doubt, before
that step is taken, but Staff is certainly willing to allow the court to assist
with this issue.
Councilman Smith asked how long it has been since
the Special Use Permit was rejected.
Mr. Wingerson replied he was not certain.
Councilman Smith stated he did not understand why
City staff is waiting for the owner’s attorney to return a phone call, so Staff
can tell the attorney the City might take action to enforce our
ordinances. Councilman Smith said he did
not understand why we don’t take action.
We have been here before, and enough is enough.
Mayor Beer agreed with Councilman Smith, and stated
he believes the owner had adequate opportunity to respond. City staff has made many attempts to contact
them and to come to some kind of resolution of their issues. It appears from the correspondence, they have
been almost completely non-responsive.
It is time to force a response.
Mr. Wingerson replied, if it meets with City
Council’s approval, the enforcement action will be turned up a notch beginning
tomorrow morning. Something should be in
City Council’s informational packet by the end of the week.
Mayor Pro Tem Carol Rudi extended her condolences to Mr. Bishop’s family. They have a hard road, and she feels greatly for them.
Councilman Rudi said she cannot believe Finance Director Sweiven is leaving, and offered her congratulations and said he certainly will be missed.
Councilman Rudi stated she has seen other communities with the storm ready signs, and wondered why we did not have one. Now we have one, and Councilman Rudi said she is very excited and thinks it is wonderful. Councilman Rudi wished everyone happy holidays.
Mayor Wayne Beer extended best Christmas wishes to
everyone, and a happy New Year. Mayor
Beer said he will be leaving town on Wednesday of this week and will be back
the first week in January. Mayor Beer
stated there will soon be a reception in honor of Cash Sweiven, and he has
personally thanked Director Sweiven for everything he has done for this City
and offered congratulations for his appointment to a nice job in O’Fallon,
Mayor Beer stated when he has been in the administrative
offices he has heard Santa Claus making phone calls. Santa Claus is so busy and such a master at
multi tasking, that it sounds as if there are close to a half of a dozen Santas
making calls to children in the
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER
City Manager Kirk
City Manager
Item 9. on the Agenda. PUBLIC HEARING: on a request to rezone from R-1 (Single family
Residential) and C3 (Commercial District) to CP-2 (Commercial District Planned)
and a Site Plan Revision at property located at
(File #1238)
Mayor Beer opened the Public Hearing and immediately
continued the Public Hearing to the Monday, January 10, 2005, City Council
meeting at the request of City Staff.
Item 10. on the Agenda. PUBLIC HEARING: for consideration of a Site Plan at property
generally located at 6051 North Chestnut.
Applicant: DDG, Inc. Owner: Aly-Beck. (#1240).
Mayor Beer opened the Public Hearing and immediately
continued the Public Hearing to the Monday, January 10, 2005, City Council
meeting at the request of City Staff.
Item 11. on the Agenda. PUBLIC HEARING: for consideration of a Site Plan at property
generally located at
Mayor Beer opened the Public Hearing and immediately
continued the Public Hearing to the Monday, January 10, 2005, City Council
meeting at the request of City Staff.
Item 12. on the Agenda. CITY COUNCIL ACCEPTANCE OF FISCAL
YEAR 2003-2004 CITY OF
Councilman Bill Cross moved to accept the Fiscal Year 2003-2004 City of Gladstone Annual Financial Report. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Item 13. on the Agenda. FIRST READING BILL 04-47, repealing certain
provisions and enacting new provisions of the City’s Traffic Code for the
regulation of motor vehicles and pedestrian traffic within the City.
Councilman Les Smith moved to place Bill 04-47 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 Les Smith moved to accept the First Reading of Bill 04-47, 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 04-47 and enact the Bill as Ordinance 3.937. 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 14. on the Agenda. FIRST READING BILL 04-48, prohibiting overnight
parking of commercial vehicles on commercial property where such parking is
expressly prohibited by signs posted by the property owner.
Councilman Joe Evans moved to place Bill 04-48 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 Joe Evans moved to accept the First Reading of Bill 04-48, Waive the Rule and place the Bill on Second and Final Reading. Councilman Les Smith seconded.
Discussion.
Councilman Les Smith thanked City Counselor Ramsay for bringing this Bill forward to City Council so quickly. However it was Councilman Smith’s intent, as a proponent of this Bill, to make this a 24 hours per day, seven days per week restriction not just an overnight parking restriction. Councilman Smith said there are just as many trucks that show up on his property during the day as at night. The issue is not when the trucks are parked on property from a timing standpoint, it is what the trucks do to property. Obviously a truck weighs the same during the day as it does at night.
Councilman Les Smith moved to amend Bill 04-48 to a 24 hours per day, seven days per week restriction of parking of commercial vehicles on commercial property where such parking is expressly prohibited by signs posted by the property owner. Councilman Bill Cross seconded.
Mayor Beer stated he believed this would apply to unauthorized parking, and the basis for being unauthorized would be the owner’s complaint, and asked if this was correct.
Councilman Smith replied that is not how the Bill is written. The Bill is written so that the property owner would have to post the “no parking” restriction by signage, and the only way that could be waived is by placing a permitted tag on the windshield of the vehicle. Our City’s officers could issue a citation for unauthorized vehicles parked on commercial property. The purpose from the property owner’s standpoint is not to just have the citation issued, but to be able to get assistance from Public Safety to have a vehicle towed. Councilman Smith said he does not look for Public Safety officers to drive around looking for unauthorized parked vehicles, but none-the-less if they see them, they would have the right to ticket them.
Mayor Beer stated his question was regarding differentiating between commercial vehicles parked on commercial property for legitimate reasons, such as deliveries, and vehicles not parked for legitimate reasons, and would the Public Safety officers be able to make an accurate determination without the appearance of harassment for someone parked legitimately.
Councilman Smith asked City Counselor Ramsay if there was a definition of parking in the Bill.
Counselor Ramsay replied the Bill just refers to unauthorized parking as being in violation of the time restrictions designated on the signs that are posted.
Councilman Smith suggested perhaps language could be added to the Bill, such as “unattended vehicle”, or language Counselor Ramsay determines, that would differentiate between a parked vehicle and a stopped vehicle used for deliveries.
Mayor Beer suggested it might be appropriate to table both motions until Counselor Ramsay can research and draft a Bill that would address the concerns expressed here tonight.
Councilman Smith stated there are an inordinate number of such violations on his and other commercial properties over the holidays. It would be nice to have some relief. Councilman Smith said, however, Mayor Beer’s suggestion was fine with him, if this was the wish of City Council members.
Mayor Beer stated he had concerns about enacting an Ordinance without clear definition.
Councilman Smith suggested City Council members vote on the amendment and then at the next meeting, take up the second reading of the Bill.
Mayor Beer explained he felt the amendment might be the concern.
Councilman Smith replied Mayor Beer raised a valid point, but if the amendment is voted upon to give Counselor Ramsay direction to bring the Bill back with the additional language as discussed, then the second reading could take place at the next City Council meeting.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Evans requested the City Clerk to read back for Council members the second motion.
City Clerk Cathy Swenson stated the motion was made to
amend Bill 04-48 to read as a 24 hours per day, seven days per week restriction
of parking of commercial vehicles on commercial property where such parking is
expressly prohibited by signs posted by the property owner.
Mayor Beer suggested tabling the prior motion made by Councilman Evans.
Councilman Joe Evans withdrew his motion and Councilman Les Smith withdrew his second to that motion.
Mayor Beer asked Counselor Ramsay if there was further action necessary from Council members regarding the first motion.
Counselor Ramsay stated there would be no further action necessary at this point, if Council were not moving to the second reading of the Bill at this meeting. Counselor Ramsay said he would have the changes to the Bill made by the next City Council meeting.
Item 15. on the Agenda. OTHER BUSINESS
Mayor Pro Tem Carol Rudi moved to approve the
following Boards and Commission appointments:
PLANNING COMMISSION TERM EXPIRATION
Reappointment Brian
Hill December 2008
New Appointment James
Shevling December 2008
New Appointment C.
Loren Boor December 2008
New Appointment Edwin
Stanley December 2006
New Appointment Dave
Reynolds December 2005
(effective upon the anticipated vacancy of a
position)
CAPITAL IMPROVEMENTS PROGRAM
Reappointment Ron
Guglielmino December 2007
Reappointment Lee
Laramore December 2007
Chair Pete Hall
BOARD OF ZONING ADJUSTMENT
New Appointment Dan
Young December 2006
CODE BOARD OF APPEALS
Reappointment Charles
Logan December 2007
Chair Charles
Logan
Vacancy-John Green (plumbing)
INDUSTRIAL DEVELOPMENT AUTHORITY
Reappointment Russell
Tluscik December 2010
PARKS and RECREATION
Reappointment Roger
Shannon December 2007
New Appointment Kate
Miner December
2007
New Appointment Jo
Ann Bryant December
2007
TELECOMMUNICATIONS
Reappointment Larry
Thrasher December 2007
New Appointment Robert
Cornick December 2007
RECYCLING and SOLID WASTE
Reappointment Eugene
Suter December 2007
New Appointment Patty
Ibarra December
2007
New Appointment Jim
Olshefski December 2007
Chair Burt
Comstock
TAX INCREMENT FINANCING (TIF)
Reappointment Dan
Davis January
2009
Reappointment John Stueve January 2009
SISTER CITIES
Inactive Commission.
All appointments remain at this time.
Chair George
Campbell
ARTS COUNCIL
Vacancy-Brad Bowers
Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Item 16. on the Agenda. QUESTIONS FROM THE NEWS MEDIA
There were no questions from the News Media.
Item 17. on the Agenda. ADJOURNMENT
There being no further business to come before the
December 13, 2004
Councilman Carol Rudi 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, and 610.021(2) for Real Estate Acquisition Discussion, and 610.021(3) for Personnel Discussion. Councilman Joe Evans seconded the motion.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0).
CLOSED EXECUTIVE SESSION
ACTION
At the Closed Executive Session, City Council authorized the following contracts:
Respectfully submitted:
___________________________
Cathy Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Wayne Beer