CITY COUNCIL MEETING
MONDAY APRIL 11, 2005
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 April 11, 2005, City Council Meeting at
7:30 PM in the
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Item 4. on the Agenda. APPROVAL OF THE REGULAR MARCH 28, 2005 CITY COUNCIL MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular March 28, 2005, City Council Meeting Minutes as presented. Mayor Pro Tem Carol Rudi 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.
Item 5. on the Agenda. STATE OF THE CITY ADDRESS
Following is the State of the City Address as presented by Mayor Wayne Beer:
Evening. I would like to begin by thanking you for this opportunity to present
the annual State of the City
Address; this is the second such address and one that we hope will become a
tradition as we move from year to year. It’s
exciting to be able to share with you the many great things that have and are
happening in the City of
this past year we have seen many accomplishments in
even with these improvements in the delivery of public safety services, as a
City we still had a long way to go in providing for our future. As a City Council, we continued to listen to
not only the citizens we represent, but to the City Staff. What we heard was
that there was a great need for future planning, planning that would direct the
future of the City for many years to come.
As we looked to the future and what we thought would be needed, a group
of dedicated and willing citizens stepped forward and asked to help. The positive community involvement of the
100+ people that made up “
have taken a harder look at economic development and are making strides to
improve the economic future and stability of the City. We have looked at the North Oak corridor and
its aging buildings and empty shops. We
have requested developer qualifications and are preparing to move forward as
the right developer is identified in developing what we have often referred to
as a ‘downtown district’. This
development will bring many new opportunities to our City that range from
dining, to residential, to retail shops.
All of this will improve the economic future of our community. At the same time this is taking place, we are
experiencing growth opportunities with the redevelopment negotiations
have also become involved with an exciting project in the historic preservation
of the Atkins-Johnson Farm. This
have been many capital improvement projects as well as street, curb and sidewalk
improvements throughout the year. Happy
Rock West is currently under development as a new 30-acre park directly across
the street from
2004, the City replaced 3,200 lineal feet of curbs and gutters, 160 lineal feet
of sidewalk and 90 square yards of driveway.
During this period,
course, it would be nice for this council to able to take all of the credit for
the many great things that have happened throughout the course of the
year. However, while we do have ideas,
goals and objectives, the plans we develop are being carried out each day by a
dedicated and committed professional staff. From the City’s Leadership Team
headed by City Manager Kirk
in all, even during the economic hard times that
Please accept my thanks to you for allowing me to serve as your Mayor during this last year. Thank-you!
Item 6. on the Agenda. FIRST READING BILL 05-14, declaring the results of the Tuesday, April 5, 2005 Gladstone General Election as certified by the Clay County Board of Election Commissioners that City Council Candidates Carol Rudi and Wayne Beer have been elected to Three Year Terms on the Gladstone City Council.
Councilman Bill Cross moved to place Bill No. 05-14 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 05-14, 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 05-14 and enact the Bill as Ordinance 3.952. 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 7. on the Agenda. CITY COUNCIL OATH OF OFFICE: CAROL RUDI AND WAYNE BEER.
City Clerk Cathy Swenson gave the oath of office to Carol Rudi and Wayne Beer for three year terms on the Gladstone City Council.
Item 8. on the Agenda. REMARKS FROM THE CITY COUNCIL.
Councilman Les Smith congratulated Mayor Pro Tem Carol Rudi and Mayor Wayne Beer.
Councilman Bill Cross stated it is nice to have the same five Council members, who have worked together for several years, to continue working together. Councilman Cross said he appreciates the opportunity to work with such an outstanding group of Council members.
Item 9. on the Agenda. ELECTION OF MAYOR AND OATH OF OFFICE
Mayor Wayne Beer presided and opened nominations for the
office of Mayor of the City of
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0)
The City Clerk administered the Oath of Office for the position of Mayor of the City of Gladstone, Missouri to Mayor Pro Tem Carol Rudi.
Item 10. on the Agenda. REMARKS FROM THE CITY COUNCIL
Councilman Les Smith congratulated Mayor Rudi, and said
although she is not quite “home grown”, she has spent a great majority of her
Councilman Bill Cross agreed with Councilman Smith’s remarks and said it has been a pleasure working with Mayor Rudi.
Councilman Wayne Beer congratulated Mayor Rudi and said he and Mayor Rudi have known each other a long time. Councilman Beer said he could not think of anyone more suited right now for the job than Mayor Rudi.
Councilman Joe Evans congratulated Mayor Rudi and said he
knew she would continue the good, hard work for the citizens of
Mayor Rudi thanked her family and friends, who were present, and said they have been great support and inspiration to her. Mayor Rudi thanked everyone for the honor and privilege, and said she will do her best to do a good job and always represent the City well.
Mayor Rudi stated she would like to introduce her
family, and began with Greg Strasser, to whom Mayor Rudi said she owes a great
deal for all the cooking and cleaning he has done over the years while she has
served the City. Mayor Rudi then
introduced her mother, Bonnie Belknap, who she said raised her to believe in
doing what is right. Mayor Rudi
introduced her daughter Allison Ross, and said Allison brought with her this
week, Mayor Rudi’s extra daughter, Lauren Kirk, from
Item 11. on the Agenda. ELECTION OF MAYOR PRO TEM
Mayor Carol Rudi invited nominations for the office of
Mayor Pro Tem. Councilman Les Smith
nominated Councilman Bill Cross as Mayor Pro Tem of the City of
Roll call vote: All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Councilman Bill Cross, Mayor Carol Rudi. (5-0)
Item 12. on the Agenda. REMARKS FROM THE CITY COUNCIL
Mayor Pro Tem Bill Cross noted there were many former Mayors in the audience, and said it is a privilege to see so many show up and still have such an active interest, as they do cover a span of a number of years. It is very heartwarming to have the backing of so many former Mayors, Council members, and also Boards and Commission members.
Item 13. on the Agenda. CONSENT AGENDA
CONSENT AGENDA DETAIL
Following the Clerk’s reading, Councilman Les Smith asked the Liquor License for Stoney’s Bar & Grill be removed from the Consent Agenda to be considered as Item 13a. under the Regular Agenda.
Mayor Pro Tem Bill Cross moved to accept the Consent Agenda as amended. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (5-0)
Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-36, authorizing execution of a contract with Larkin Excavating, Incorporated for the total amount not to exceed $1,271,361.56 for the Northeast 76th Street & Harrison Place Street Reconstruction Project 985014. Councilman Les Smith seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (5-0)
Mayor Pro Tem Bill Cross moved to approve a BUILDING
PERMIT for installation of antennas and construction of a shelter at the
Antioch Water Tower. Owner: City of
Item 13a. on the Agenda. APPROVAL OF A NEW CLASS “A & B” 7-DAY LIQUOR BY THE DRINK LICENSE. Stoney’s Bar & Grill, LLC, 6829 North Oak Trafficway. Managing Officer: Ryan Frazier.
Councilman Les Smith moved to approve A NEW CLASS “A & B” 7-DAY LIQUOR BY THE DRINK LICENSE for Stoney’s Bar & Grill, LLC, 6829 North Oak Trafficway. Managing Officer: Ryan Frazier. Councilman Joe Evans seconded.
Councilman Les Smith inquired into the hours of operation for Stoney’s Bar & Grill, LLC.
James Kessinger, said he is an Attorney and his office is located at 6812 North Oak Trafficway. Mr. Kessinger began by saying he brought with him Bob Arbuckle, Ryan Frazier, and Mr. Hart, who are all related to the business and the liquor license request. Mr. Kessinger suggested that Mr. Arbuckle answer the question as to the proposed hours of the business.
Bob Arbuckle stated he plans to have his business open from 11:00 AM to approximately 1:00 AM, seven days per week.
Councilman Smith inquired into the occupancy limit for the space.
Mr. Arbuckle replied 225 is the occupancy.
Councilman Smith asked what is proposed for security.
Mr. Arbuckle replied he has his own private security personnel that he is presently using at the existing business, The Que. That same staff will be maintained in the new environment to ensure their high standards are maintained.
Mr. Kessinger pointed out that in the handout he provided to City Council members there is a picture that shows there are sixteen individual security cameras that may be monitored from the office. The cameras monitor the outside, the inside, and the front door, so one person in the security office can monitor what is going on at all times. There is also someone who mans the door and patrols inside and outside in the parking lot.
Councilman Smith asked how many Liquor Licenses are remaining in the City.
City Clerk Cathy Swenson replied in the Class “A&B” Liquor License category, she believes there are six remaining licenses available.
Councilman Wayne Beer stated, for clarification, this proposed establishment is to take the place of The Que, which was an under age establishment. As much as it was hoped this under age establishment would succeed, it was unfortunately unable to do so. Councilman Beer asked if this “A&B” liquor license is truly for an adults only, age 21 and over establishment.
Mr. Kessinger replied that was correct; the business owner is planning to move to an adult format.
Mayor Rudi asked if this will be the same ownership.
Mr. Kessinger replied Stoney’s Bar & Grill, LLC will have the same ownership as The Que.
Mayor Rudi asked City staff if there have been any issues or incidents with The Que of which Council members should be aware.
City Manager Kirk
Director Adamo reported there have been complaints from residents of the apartments and neighboring businesses. There has been congestion in traffic, under age drinking, assaults, and thefts. Director Adamo said there have been problems in the past at this location.
Councilman Beer asked if the incidents were more typically of what one might expect of an under age club where there is a number of people who would try to “crash the doors” so to speak.
Director Adamo replied, “no”.
Mr. Kessinger stated that it is his impression, having
represented The Que, that the incidents that occurred and the complaints were
endemic of wilder teenagers. Mr.
Kessinger provided handouts to Council members, which included a menu and
information on businesses similar to what is planned for the new Stoney’s Bar
& Grill. Mr. Kessinger explained the
new format for Stoney’s Bar & Grill is expected to be patterned after the
format similar to what is found at Side Pockets. Mr. Kessinger pointed out on the handout
information about the franchise of Side Pockets. Side Pockets is the pool table establishment
Mr. Kessinger said this establishment will not be the same type of format as what one would expect from the kids and the problems that have occurred in the past. In an adult format there will be the same type of crowd that is seen at Side Pockets. Side Pockets does not have the same type of problems that The Que had, mainly because adults are more afraid of going to jail. Mr. Kessinger said to answer Councilman Beer’s question, the business does intend to go to an adult format, and follow the national trends as shown in the handout, for which they believe there is a market. There are two establishments within a 15-mile radius of this location that are open and doing well. Mr. Kessinger said if the liquor license is approved, it is expected that this location will also do well.
Mr. Kessinger continued by stating the prices at Stoney’s Bar & Grill are much more competitive than what would be found at the Brass Rail on Highway 152. The Brass Rail serves a different area. The prices are also more competitive than Side Pockets. This proposed business would be an upscale, pool table salon, where one can order food or drinks, sit at tables, or use the dance floor. There are also seventeen televisions that play a sports bar format. Mr. Kessinger said the format at Stoney’s Bar & Grill will follow the same format as the ones in the handouts he provided, and he believes there is a very sufficient market to turn this business around and make it go.
Mr. Kessinger stated the investment in The Que has been significant. There is more than $215,000 of cash money spent and on the books to renovate the building inside. The outside has been the responsibility of the landlord. The inside is really nice. The pictures in the handout are intended to show what Council members are voting on, and it is intended to be a very nice place. It is expected the adults will be respectful. The pool tables are not coin operated; they are upper end pool tables, that are single slate with leather pockets and all wood framed. It is intended to establish leagues and competitions, and the tables are high enough quality to do this. It is intended to have the adult format, which will be a much more stable format. When the kids were coming in, they could be controlled inside, but when they left and got wild, the business could not control that. Adults tend to go somewhere else or go home when they leave. Mr. Kessinger said this business is absolutely intended to mirror and follow the format at Side Pockets.
Councilman Smith said unfortunately wild teenage behavior does not end at the teenage years. Councilman Smith asked City staff to provide information as to what the issues have been with the neighborhood, then perhaps those issues may be addressed. Councilman Smith asked if the issues with the neighborhood were noise, or lack of access restriction to the east, or foot or automobile traffic. Councilman Smith stated he would like to determine what can be done to mitigate some of the concerns that have been seen with The Que, so there are not the same problems with this establishment.
City Manager Davis said he would like to familiarize himself with all of the issues, and asked City Council members if this issue could be deferred for a couple of weeks to determine the issues, and decide what needs to be accomplished. Mr. Davis said he does not want to delay the applicants, but if Council feels strongly about the issues, this will give Staff a chance to research the issues and research some alternatives, and discuss the issues with the applicant.
Councilman Smith said he wants to help the business get the liquor license approved. Councilman Smith said based on what the Director of Public Safety said, and the unknown issues out there, he cannot support that. Councilman Smith stated if the applicant can wait until the next City Council meeting, which is two weeks from this evening, there will be time for the applicant to address those issues with City staff, and he would be in favor of the application, if the issues were resolved. Councilman Smith said based on the unknown, if he had to vote on this application this evening, he would not be able to support it.
Councilman Beer stated he had not had the opportunity to be at the Brass Rail during their noontime trade nor at their evening trade. However, he has been to Side Pockets during the noon trade, but not at the evening trade. Councilman Beer said the crowd he has seen at Side Pockets was a very respectful crowd and he would not fear that kind of a crowd and would not have any negative questions based upon what he has seen at the noon crowd at Side Pockets. Councilman Beer said he has been in The Que at the Gladstone Area Chamber of Commerce ribbon cutting and what he saw was a very nice facility.
Councilman Beer said he shares Councilman Smith’s concerns, but is not sure he is as uneasy as Councilman Smith. Councilman Beer stated that out of respect for the need of additional information, he would go in the same direction as Councilman Smith. Councilman Beer said based upon what little experience he has, he would not have any reservation about Stoney’s Bar & Grill, but Councilman Smith’s questions are valid and they need to be addressed.
Councilman Smith said he appreciated Councilman Beer’s remarks, and he, too, has been in Side Pockets and it is an entirely different crowd. Councilman Smith said he does not want to take a position where there are unanswered questions, and the answers may be very simple, but he would like to have those answers.
Mr. Kessinger stated that is why he asked Mr. Arbuckle to speak. He is the owner, manager and been there the entire time. Mr. Kessinger said a delay at this point really could severely hamper the business continuing. They have been in the red since they started, and they continue to be in the red. Their doors may not be open, if this is tabled much further. Mr. Kessinger said the Director of Public Safety is present, and if he can tell Council members the concerns that have arisen. Mr. Kessinger stated Mr. Arbuckle was present to explain what happened. Mr. Kessinger continued by saying he is not there everyday, but would argue that any establishment that serves liquor may have a problem from time to time, and there is no way to get rid of that. Mr. Kessinger stated they are not saying the business will be perfect, because they could not. What they are saying is they expect that any problems that might happen are not going to be any more significant than what they would be at Side Pockets or the Brass Rail, which they believe are a more responsible crowd than what has been marketed to in the past. Mr. Kessinger asked that if there are concerns or problems, to please voice them tonight, and have Mr. Arbuckle tell Council what has been going on.
Councilman Smith said he appreciated Mr. Kessinger’s client’s position, and he wants to help get this license approved. However, Council has a responsibility to other residential neighbors, commercial neighbors, and to anyone who may be on the street. This would be an entirely different crowd, but it is still a crowd. Councilman Smith said he felt confident Director Adamo most likely is going to have to pull out a file and see what the issues are before they can be discussed. Councilman Smith stated that hopefully two weeks will not derail the entire business, but quite frankly it is one owner versus the other 27,000 people Council has to be concerned about. Councilman Smith said he did not want to jeopardize this business’s stability, but Council has a job to do as well, and he did not think Council was prepared to have this discussion at this meeting.
Mayor Rudi said it was her recommendation to postpone this issue rather than voting on it at this meeting with the possibility of being denied.
Councilman Les Smith moved that the Approval of a New Class “A & B” 7-Day Liquor by the Drink License for Stoney’s Bar & Grill, LLC, 6829 North Oak Trafficway, be continued until the April 25, 2005, City Council meeting. Mayor Pro Tem Bill Cross seconded.
Mr. Kessinger asked if there are specific concerns that his client may address in the interim.
Councilman Smith replied City staff would probably be getting in touch with Mr. Kessinger, tomorrow, and City staff and Council will try to expedite this, but Council does need these answers.
The vote: All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (5-0)
Item 14. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE
There were no communications from the audience.
Item 15. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL
Councilman Joe Evans congratulated Mayor Rudi and Mayor Pro Tem Cross, and said he looked forward to working with them this coming year.
Councilman Wayne Beer had no comments at this time.
Councilman Les Smith had no comments at this time.
Mayor Pro Tem Bill Cross had no comments at this time.
Mayor Carol Rudi said, as noted in the State of the City address, there were a number of events that happened at the Gladstone Amphitheatre this last year. If anyone is interested in the schedule this year, which is quite full and most excellent, please meet with Parks and Recreation Director Sheila Lillis after the meeting and she will provide a schedule of events.
Item 16. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER
City Manager Kirk Davis reported a generous donation has been received for the City’s Youth Scholarship Program. Mr. Davis invited Parks and Recreation Director Sheila Lillis to speak about the program and about the contribution.
Parks and Recreation Director Sheila Lillis reported a check was received from the “Works For Me” campaign of Councilman Les Smith, which is the fund balance of Councilman Smith’s campaign. Councilman Smith generously donated over $1,000 for the Youth Scholarship Program. This scholarship program is used for children who cannot afford to pay the recreation fees. There is a process that is used for children to qualify for funds from the program. Programs that have benefited children have included swimming lessons, swim passes, soccer, T-ball, basketball, and so forth. Contributions are always being sought for this program, as Staff does not want to turn children away from registering for recreational programs. This contribution will help to continue this effort. Director Lillis thanked Councilman Smith for thinking of the children in our community.
Mayor Rudi thanked Director Lillis and Councilman Smith.
Councilman Smith stated it seemed incredibly appropriate that the remaining funds from a political campaign go to something to do with children. The idea was the brainchild of Kelli Clayton, who was his Campaign Treasurer. Quarterly reports must be filed as long as there is a campaign committee open, and that has been done for over four years. In deciding to close out the campaign and deciding what to do with the funds, Ms. Clayton suggested using the money for something involving children. Councilman Smith said there are an unbelievable number of children whose families cannot afford for them to participate in the City’s recreation activities, which is a real shame. Ms. Clayton was familiar with the need, having had conversations with Director Lillis over the years, and suggested contributing the funds to the Youth Scholarship Program.
Councilman Smith said there were people present at the
meeting whose names are on the campaign list.
Councilman Smith said every person who contributed to his campaigns have
had a part in this. Hopefully, as the
balance in the program dwindles a bit, efforts can be made to go back out into
the community and perhaps raise more money for the children of
Item 17. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 18. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 19. on the Agenda. ADJOURNMENT
There being no further
business to come before the April 11, 2005,
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Carol Rudi