MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

 

MONDAY AUGUST 8, 2005

 

 

 

PRESENT:          Mayor Carol Rudi

                             Mayor Pro Tem Bill Cross

                             Councilman Les Smith

                             Councilman Wayne Beer

                             Councilman Joe Evans

                                                         

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson

 

 

Mayor Carol Rudi opened the Regular August 8, 2005, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.  

 

Item 3. on the Agenda.             PLEDGE OF ALLEGIANCE.

 

Mayor Carol Rudi led the Pledge of Allegiance, in which all joined.

 

Item 4. on the Agenda.             APPROVAL OF THE REGULAR JULY 25, 2005, CITY COUNCIL MEETING MINUTES.

 

Mayor Pro Tem Bill Cross moved to approve the Regular July 25, 2005, City Council Meeting Minutes as presented.  Councilman Joe Evans seconded the motion. 

 

Councilman Wayne Beer stated he would be abstaining from the vote as he was not present at the July 25, 2005 City Council meeting.

The vote:  “Aye” – Councilman Joe Evans, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  “Abstain” – Councilman Wayne Beer.  (4-0-1)

 

Item 4a. on the Agenda.          Mayor Carol Rudi read a PROCLAMATION recognizing “KEN WINKLER” as the recipient of the TRI COUNTY MENTAL HEALTH SERVICES VOLUNTEER ACHIEVEMENT AWARD for 2005.  Mr. Ken Winkler accepted the proclamation and thanked Mayor Rudi and City Council members for the recognition.  

 

Item 4b. on the Agenda.           Mayor Carol Rudi read a PROCLAMATION designating the week of August 15-18, 2005, as “HEALTHY KIDS WEEK” in Gladstone, sponsored by Children’s Mercy Hospital.  Teresa Shepherd, RN, Director of Education for Children’s Mercy Hospital, accepted the proclamation and thanked Mayor Rudi and City Council members on behalf of Children’s Mercy Hospital.  Ms. Shepherd stated Kohl’s has given the hospital a nice grant.  There is a nice Kohl’s in the Northland, as well as a Children’s Mercy Hospital facility.  Ms. Shepherd encouraged all to support the programs to keep kids healthy.

 

Item 5. on the Agenda.             CONSENT AGENDA

 

CONSENT AGENDA DETAIL

 

Following the Clerk’s reading, Councilman Wayne Beer asked that approval of the annual Liquor License for Stoney’s Bar & Grill be removed from the Consent Agenda for consideration under the Regular Agenda as Item 5a.

 

Mayor Pro Tem Bill Cross moved to adopt the Consent Agenda as amended.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)

 

Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-63, authorizing acceptance of work under contract with Musselman & Hall Contractors, LLC for the 2005 Intermediate Maintenance Program, and authorizing final payment in the amount of $171,361.00 for Project 055003.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)

 

Mayor Pro Tem Bill Cross moved to approve the ANNUAL LIQUOR LICENSE RENEWALS for:

 

·        Hy-Vee, Inc., dba Hy-Vee, 7117 North Prospect, 7 Day Package Liquor and Wine Tasting License.

·        Hy-Vee, Inc. dba Hy-Vee Gas, 7121 North Prospect, 7 Day Package Liquor License.

·        Snappy Store #4901, 4901 Old Pike Road, 7 Day Package Liquor License.

·        Sonnie of KC, Inc. dba The Groove, 316 NE 72nd Street, Class A Liquor by the Drink License.

·        Applebee’s Neighborhood Bar & Grill, 6069 N. Antioch Road, Class A&B Liquor by the Drink License.

 

Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi. (5-0)

 

Mayor Pro Tem Bill Cross moved to approve the FINANCIAL REPORT FOR JUNE 2005.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi. (5-0)

 

REGULAR AGENDA

 

Item 5a. on the Agenda.           APPROVAL OF THE ANNUAL LIQUOR LICENSE RENEWAL FOR STONEY’S BAR & GRILL, DBA ROCKET’S PLACE, 6829 NORTH OAK TRAFFICWAY, CLASS A&B LIQUOR BY THE DRINK LICENSE.

 

Councilman Wayne Beer stated Council did some approval action fairly recently with this company under the name of Stoney’s Bar & Grill, and he recently noticed there is a sign on the business, which says Rocket’s Place.  Council now has before them a request for a Liquor License renewal with a “doing business as” (dba) Rocket’s Place, and his question is what is happening with the business.

 

James Kessinger, 6812 North Oak Trafficway, said he is the Attorney for Stoney’s Bar & Grill.  Mr. Kessinger stated Stoney’s Bar & Grill is still the entity that owns the liquor license, and has filed a fictitious registration with the Secretary of State to operate under the name of Rocket’s Place.  Mr. Kessinger pointed out this is very similar to Sonnie of KC, Inc. who does business as The Groove, and are also requesting a Liquor License renewal, as listed on tonight’s agenda.  This is an identical situation. 

 

Councilman Beer stated he understood.  Council has made approvals to The Groove a number of times.  Councilman Beer said he stated the actions Council has taken in regard to The Groove have been ongoing, this renewal application is new in that just recently City Council approved a new Liquor License under the name of Stoney’s Bar & Grill, but the name Rocket’s Place was not a part of that application.  Councilman Beer said there is a little bit of confusion on his part as to who is who.

 

Mr. Kessinger replied that when City Council issued a Liquor License to Stoney’s Bar & Grill in April, the business was changing the format from a teen club to a bar.  Stoney’s Bar & Grill is the name of the limited liability company that used the name, The Que, LLC and then changed the name to Stoney’s Bar & Grill.  It is still the same entity as always, and there are the same owners and the same everything.  It is just when the owners promoted it as a bar, they entered into a promotion contract with a man named Rocket to promote it as an entertainment establishment.  Mr. Kessinger said, as far as the Liquor License renewal, it is the same company, and everything that was on the original application that was filed is all the same; it is just that their promotions have changed.  The owner wants to promote it as Rocket’s Place.

 

Councilman Beer asked if this application is for a new license or a renewed license, which is what he is questioning.

 

Mr. Kessinger stated he believes it is just a renewal, because it is the same company, and all of the underlying matters are still the same on the application.  When the applications were completed, the business listed the name of the owner, who the liabilities were to, who the manager would be, and so forth, which is all still the same.  Mr. Kessinger said it is still Stoney’s Bar & Grill, LLC, it is still the operating company, the Liquor Managing Officer is still Ryan Frazier; it is only that the fictitious name for promotions has turned into Rocket’s Place.

 

Councilman Les Smith asked if Stoney’s Bar & Grill has been open since they received their Liquor License.

 

Mr. Kessinger stated Stoney’s Bar & Grill opened a week ago, Saturday before last.

 

Councilman Smith said the City originally issued this license as a probationary license.  A probationary period was enacted, with the knowledge that there would be this renewal opportunity.  As the business has not opened, the City has lost the ability for that probationary period to determine how the business has done.  Councilman Smith asked City Manager Davis how this license is issued and for what term.

 

City Manager Kirk Davis replied the probationary period was six months.  In April, City Council issued a license to Stoney’s Bar & Grill, which had several contingencies upon the issuance, including improvements to the facility that Stoney’s Bar & Grill agreed to do.  Before they were allowed to open, they had to complete those improvements, which they did.  City Manager Davis reported that was about a two month process that took the business from one Liquor License renewal year to another Liquor License year, which is in July and August.  It is Staff’s opinion that the six month probationary period still runs, and runs through October, and the change in the name of the business does not change the requirements the Council imposed on the owner, nor does it change the probationary status.  City Manager Davis said, by the same token, Staff agrees that this is a renewal and not a new application, for all the same reasons.  There is still some of the probationary period to run.  The City does not know if the business will operate as they said they would, because they just opened.  There is some time in the probationary period, although this Liquor License renewal as Rocket’s Place would run from July through June of next year.

Councilman Smith said if the business just opened, there is a 60 to 90 day opportunity to look at the business versus a six month period.  Councilman Smith stated he understood the name change, but Council issued the license based upon the business being more of a billiards establishment, and asked what it is now.  It is Mr. Smith’s understanding it is opening more of a dance club. 

 

Mr. Kessinger replied the physical facility is literally split down the middle.  Since the Liquor License was issued, there have been only one or two major constructions on the inside.  The major piece of construction on the inside is that a bar has been built on one side.  On the other side, it is all basically the same, except they built a members only area, where the radio personality can bring his friends where they can have some privacy.  Other than that, the facility is the same.  The dance floor is the same as it was when it was a teen club.  Mr. Kessinger said he was present when City staff inspected the facility.  The dance floor hasn’t changed at all, but they did change the other side.  The owners have added some other types of entertainment items, such as video golf and similar electronic entertainment, and did lose some pool tables.  The business is still being run as the intended format, which is an entertainment facility.  There are not as many pool table as before, but they do intend to have leagues.  There were 11 pool tables and now there are 6 pool tables.

 

Councilman Smith stated he understood the license was applied for as an entertainment venue, and understood what that meant, but there was distinct representation, including a couple of testimonies from the audience about the need for a billiards facility.  Councilman Smith asked if it would be a fair statement to say the emphasis has changed somewhat.

 

Mr. Kessinger replied, he did not think so.  In fact the gentleman that testified before was at the facility tonight, playing pool.  The intent is that there will be pool leagues at the business.  The format had to change to accommodate the bar, because at least 10 square feet is needed per pool table.

 

Councilman Smith moved to approve the annual Liquor License renewal for Stoney’s Bar & Grill, dba Rocket’s Place, 6829 North Oak Trafficway, Class A&B Liquor by the Drink License.  Councilman Wayne Beer seconded.

 

Councilman Smith asked City Manager Davis if, since this is a renewal, is there an opportunity to extend the probationary period to get the originally intended six months back.

 

City Manager asked for the opportunity to check the authorizing State Statutes that established the ability to give Liquor Licenses, unless City Counselor might know the answer.

 

Councilman Smith asked Mr. Kessinger if his client would accept this, given that the City entered into this agreement with a six month probationary period.  Councilman Smith said his understanding was the business would open right away.  In fact, the first time Mr. Kessinger came before Council, he wanted the application approved that night, and it was put off a couple of weeks.  Councilman Smith asked if that request made sense.  There is some consistency to that message.

 

Mr. Kessinger agreed the intent was the business would open right away, and he did not think anyone anticipated the construction delays.  Mr. Kessinger said he did not necessarily have the authority to answer Councilman Smith’s question, but would say the original six month probationary period could continue.  Mr. Kessinger said Mr. Arbuckle was present, who is the owner of the business. 

 

Mayor Rudi stated it is not being asked to continue the existing probationary period, but rather Council is asking for six months.

 

Councilman Smith agreed.  His request is for a probationary period of six months from the time of the business opening, which was the intention the business was originally agreeable to, if it is possible for the City to request this.

 

Mr. Kessinger stated their preference would be that this not be the case.  The City has other avenues to revoke the license, if it is dissatisfied with the way the business is run.  The business would prefer to have the first six months as the probationary period.  Mr. Kessinger said perhaps it would be a good idea to see what the State Statutes say.

 

Councilman Smith said this can be done in one of two ways.  This application can come back before the Council in two weeks for formal approval of the renewal, or the business can choose to not contest the fact that the motion might be amended to state that, pursuant to State and local statutes, the license would be issued with a new six month probationary period.

 

Mr. Kessinger stated that Mr. Arbuckle agreed that the six month probationary period could start again.

 

Councilman Smith withdrew his motion, and Councilman Beer withdrew his second.

 

Councilman Les Smith moved to approve the annual Liquor License renewal for Stoney’s Bar & Grill, dba Rocket’s Place, 6829 North Oak Trafficway, Class A&B Liquor by the Drink License subject to a six month probationary period, if such can be done pursuant to State and local statutes, and if it cannot be done pursuant to State and local statutes, the Liquor License will be renewed.  Councilman Wayne Beer seconded. 

 

Mr. Kessinger asked when he would find out the answer as to the probationary period.

 

Mayor Rudi replied he should know tomorrow.

 

Counselor Ramsay stated preliminarily, he believed Council could apply that restriction. The City Ordinance that involves application and reinvestigation after issuance of a license, says that after a new application has been made and the licensed issued under this article, the City Council may at any reasonable time request a new investigation of a license and/or the premises and the results of such subsequent investigation shall be reported to the City Council.  Mr. Ramsay said he believes this gives Council the authority to look into the license again even though a license had been issued. 

 

Mr. Kessinger stated this goes back to what he stated earlier, in that if the City does not like the way the business is run, be it a Public Safety issue or other issues that may come up, even if the business is not on probation, the City has the authority to bring the business back for a hearing.  Mr. Kessinger said his concern is that there was neighborhood opposition and there is a lot of competition around, and he does not want other people using the probationary status to try to leverage in to something that otherwise they would not be entitled to bring forward to City Council.

 

Councilman Smith stated he is trying to address some of Councilman Beer’s concerns and also the concept has changed a little bit.  Councilman Smith said Mr. Kessingers’s client was so confident that they were going to have such a good establishment, that in his mind, Mr. Kessinger is still saying that by saying he does not care if it is six months or six years, the business will still do a good job.  Councilman Smith said he is looking at good faith going both ways. 

 

Mr. Kessinger stated the business has been open for two weekends and have not had any police calls yet.

 

Councilman Beer stated in regard to Mr. Kessinger’s comment about opposition leveraging the additional six months, he does not believe there is anyone at the Council table that is going to be unduly swayed or leveraged in that regard.  Council’s contention is that while the original intent was to provide a six month evaluation period, we do not have those six months at this point, and Council members feel they still should be able to have that.

 

Councilman Smith stated Council members wish the business all the luck in the world.  The property has been in a state of disrepair for a long time.  The previous operation really didn’t fit the community too well.  Council members want the business to succeed and wish them all the luck in the world.

 

Councilman Beer said his original question was that he wanted assurance that the name change did not affect the legal and logical continuation of a license renewal.

 

City Manager Davis said he would like to add the point that when a probationary period is extended, there must some grounds to extend the probationary period.  City Manager Davis said he believed Council members have accomplished what they hoped to accomplish, and an answer will be provided and included in Council’s informational newsletter.

 

Counselor Ramsay stated he found the information he was looking for that states one of the primary purposes in the Ordinances for the probationary period is to be assured that a new business operation meets the 50 percent non-alcoholic beverage sales requirement, and so the probation section calls for the submission during the fifth month of the probationary period of a Certified Public Accountant’s certification that at least 50 percent of the gross income earned during the probationary period was derived from other than liquor sales.  Mr. Ramsay said he thinks there is justification for extending the probationary period, because what the Council should be looking for under the Ordinance is five months of evidence of operation to establish the 50 percent rule.

 

Councilman Smith stated that the license was approved with a six month probationary period, with the thought the business would open right away.  To no fault of their own, they did not open right away, and that opportunity was lost, which gives Council the grounds to make this request.

 

The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)

 

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 stated he had no comments at this time.

 

Councilman Les Smith stated he saw in a memorandum, information relative to storage containers, dumpsters, and pods.  Councilman Smith asked if the answer to this issue could be an Ordinance where these have to be permitted, whether or not there is a fee to grant that permit, and that the permit be for a specific number of days, such as 15 days or something of that nature.  That would allow the City to know where they are and to be able to check to see if they are still there.  Councilman Smith said he does know that other communities in the metropolitan area have addressed this issue this way, and perhaps Council can have an answer at the next Council meeting.

 

City Manager Davis said that was an item that was going to be brought forward at the next Council Goal Setting Session.  City Manager Davis said if Council would like Staff to research and bring an Ordinance forward, he would be happy to do that before the Council Goal Setting Session. 

 

Mayor Rudi stated something needs to be done with this issue, and asked if the issue should be addressed in two weeks or later.

 

Councilman Smith stated it is moving season through summer and fall, and he would like to have the issue addressed soon, but does not feel strongly about it.

 

City Manager asked if this could be brought to Council in September.

 

Councilman Smith replied, yes.

 

Councilman Beer stated he did not feel the moving season is such an issue because those who are moving don’t have these types of items in their driveway for too long.  Councilman Beer said his concern is those folks who use them as somewhat of a long term storage and have them in their front yard or driveway.  Councilman Beer said from the standpoint of urgency, there is probably not a great deal of urgency, but he would not like to wait too long to address this.

 

Mayor Rudi stated the issue of storage containers, dumpsters, and pods will be discussed in September.

 

Councilman Smith mentioned the Idea Book Launch Party in Raytown and asked if this type of event could be held here. 

 

Assistant City Manager Scott Wingerson replied that event is being hosted by the City of Raytown.  Both he and Mayor Rudi are attending.

 

Councilman Smith said that since our City has a lot of similar housing stock, if the event is found to be beneficial, perhaps our City could host such a similar event.

 

Mayor Rudi agreed and said that was her question also, as to whether we need to have a similar event here, which is why it will be investigated.

 

Councilman Beer said at least one of our City staff members has been an integral part of the process, and it is good to trumpet that as well.

 

Councilman Smith stated that as this is the time of year for festivals, such as Bluesfest and Gladfest, St. Charles Auction, Oakhill Day School Auction, and because so many young people attend these events, perhaps it might be a good idea to require that identification be checked and people receive wrist bands, if they are of age to purchase and consume alcohol.  Councilman Smith said this is the practice at his business.  This might be something worthwhile to add to our Liquor Ordinances as a requirement.  That takes away the guesswork at the time of sale, and takes all the guesswork from people sitting at tables who buy liquor and other people drink it at the table.  By looking at people’s wrists, if they have no band and are drinking, it is apparent they are not of legal age to drink.  Councilman Smith said since we have a number of events on City property, perhaps this might be worthwhile adding to our Ordinances, if some research can be done.

 

Councilman Beer said, as a person who has been at the point of sale, it does take a load off of the people at the bar, when they do not have to check ID’s. 

 

Councilman Smith said he is not suggesting this, as his business is a controlled environment, but his business gives a different band to those not of age to drink alcohol, because it gives a means to easily identify who is 21 years of age and who is not.

 

Councilman Smith offered cudos to David Reyburn, Code Enforcement Officer, for the help he gave a resident at 66th and North Flora.  Councilman Smith offered cudos to Kelli Houx, who is the new Managing Editor of the “Sun News”. 

 

Councilman Smith suggested an idea of a registry for at risk citizens, whether they be handicapped, live alone, Senior Citizens, someone on a breathing apparatus or dialysis, and so forth.  Councilman Smith stated if someone is an at risk citizen, in days of extreme cold or heat, after severe weather, and so forth, the City would have a roster, and people could call in once a day and check in.  If the City did not hear from that person, then there would be a follow-up call the next day, and if the person could not be reached, a Neighbors Helping Neighbors volunteer or a member of Public Safety could be dispatched. 

 

Councilman Beer asked if this would be an extension of the City’s new CAD (Computer Aided Dispatch) system, which he believes has a similar component.

 

City Manager Davis asked Public Safety Director Bill Adamo if the Public Safety Department allows people to register this type of information if they choose.

 

Public Safety Director Adamo replied that was correct.

 

Councilman Smith stated he is suggesting a system whereby if the citizen does not contact the City, it is a red flag.  The citizen could call in and leave a message on a recording once a day or every two days, and if they are not heard from, someone would check on them.  Councilman Smith stated this is food for thought for Neighbors Helping Neighbors or for something internally.  This is something that can be discussed at the Council Goal Setting Retreat.

 

Councilman Wayne Beer congratulated Kelli Houx on her new position.

 

Mayor Pro Tem Bill Cross commended City Manager Davis and his staff who did a terrific job on the City’s Quarterly Report.  Mayor Pro Tem Cross said the report was well done and was very impressive, and he learned a great deal from the report.

 

City Manager Davis said the department Directors put a lot of work into the report.

 

Mayor Pro Tem Cross said he had an opportunity to attend the Theatre in the Park two nights.  The crowds were good with over 3,500 in attendance the first two nights.  The response was fantastic.  Parks and Recreation Director Sheila Lillis and her staff, along with GEMA (Gladstone Emergency Management Agency) volunteers, did a great job and the event was well run.  Sergeant Richard King and his wife were at the event, selling food for the Optimist Club and providing a concession stand for the people. 

Mayor Pro Tem Cross addressed Finance Director Deborah Daily by stating that in reviewing the June Financial Report, the operating revenues look very good.  It is obvious that Mr. Davis and his staff have been extremely busy, and Council thanks them.

 

Mayor Carol Rudi congratulated Kelli Houx on her new position and congratulated the City’s new Finance Director Deborah Daily for making it through the first round of a Consent Agenda item without anything being removed for questions.

 

Mayor Rudi stated she attended the Theatre in the Park performance of “Bye Bye Birdie” Saturday night.  The Arts Council had activities that night as well.  There were stilt walkers, large people puppets, jugglers, and pencils and suckers, were being given away.  There were all sorts of activities to support the Arts Council and to raise the awareness of that group.  It was a great production and the voices were good.

 

Mayor Rudi asked Parks and Recreation Director Lillis to report on the upcoming events scheduled for the Gladstone Amphitheatre.

 

Director Lillis reported there are a few more upcoming events before the summer ends.  Director Lillis stated there was a good crowd for the “Bye Bye Birdie” performances.  There were about 10,000 people in attendance for the three nights.  Next Saturday, at 7:00 PM, there will be a Sweet Adelines performance, and on Friday evening there will be the Cancer Relay event.  At 8:45 PM, on August 19th, there will be the Five Minute Film Festival, and at 9:00 PM the Movie in the Park will be “School of Rock”, which is rated PG 13.  The Kansas City Ballet will perform on September 9th at 6:00 PM.  On October 28th, at 6:00 PM, will be the Friday Fright Night/Halloween Storytelling event, which will conclude the season.  Director Lillis stated she wished to echo Mayor Pro Tem Cross’s remarks in that the Optimist Club has been a great addition, and City staff has not had to worry about concessions.  It has been a very good summer at the Gladstone Amphitheatre.

 

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.        RESOLUTION R-05-64, authorizing the City Manager to enter into a cooperative agreement with the City of Kansas City, Missouri for the equal sharing of costs associated with the construction of a sidewalk connecting the Claybrook subdivision with the existing trail in Happy Rock Park, and further authorizing Change Order No. 8 to the contract with Damon Pursell Construction for Happy Rock West, Project 25025, for the construction of said sidewalk.

 

City Manager Davis reported this is basically a partnership with Kansas City, Missouri, and is an issue that has come forward from both the Claybrook neighborhood, as well as the Shoalbrook neighborhood across the street.  Both have asked for access to Happy Rock Park on both the east and west side of the road.  This is a project that is not only a sidewalk connecting the neighborhoods to the park, but it is also somewhat of a beautification project, in that the City will be piping some stormwater, and covering it up, instead of having open channels like the City has north of 76th Street.  This is also a partnership our City has with Kansas City, and came through their Councilman Hermann, former Councilman Chuck Weber, and Assistant City Manager Rich Noll, who expressed an interest in helping with the project, because it benefits a Kansas City neighborhood as well as a Gladstone neighborhood. 

 

Councilman Wayne Beer moved to accept Resolution R-05-64, authorizing the City Manager to enter into a cooperative agreement with the City of Kansas City, Missouri for the equal sharing of costs associated with the construction of a sidewalk connecting the Claybrook subdivision with the existing trail in Happy Rock Park, and further authorizing Change Order No. 8 to the contract with Damon Pursell Construction for Happy Rock West, Project 25025, for the construction of said sidewalk.  Councilman Les Smith seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)

 

            Item 10. on the Agenda.              RESOLUTION R-05-65, accepting Public Road Right-of-Way from the Missouri Department of Transportation along Northeast 64th Street from North Prospect to North Wayne in conjunction with the Tower Plaza Development Project.

 

            Councilman Les Smith moved to accept Resolution R-05-65, accepting Public Road Right-of-Way from the Missouri Department of Transportation along Northeast 64th Street from North Prospect to North Wayne in conjunction with the Tower Plaza Development Project.  Councilman Wayne Beer seconded. 

           

Councilman Wayne Beer asked for confirmation that this is a common practice from the standpoint of the Missouri Department of Transportation (MoDot).

 

City Manager Davis replied the Missouri Department of Transportation has an extraordinarily long right of way along M-1 Highway at 64th Street, as well as at 72nd Street, much more than they normally take.  Our City has been trying to maintain that, because they have not, and if we are maintaining the area, we should be able to control access in and out of the property on the corner to some extent.  This is basically a trade.

 

Councilman Beer asked if this is something MoDot volunteered to us or did we make the suggestion.

 

Assistant City Manager Scott Wingerson replied the Tower Plaza Development requires MoDot approval for access.  As part of the MoDot approval to the improvements on M-1 Highway, they have requested the City Council accept this responsibility of the right of way.

 

The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)

 

 Item 11. on the Agenda.          RESOLUTION R-05-66, a Resolution withdrawing the preliminary designation of Developer from WCP Gladstone Plaza, LLC for the redevelopment of the Gladstone Plaza redevelopment area and declaring the Memorandum of Understanding no longer in effect.

 

Councilman Les Smith moved to approve Resolution R-05-66, a Resolution withdrawing the preliminary designation of Developer from WCP Gladstone Plaza, LLC for the redevelopment of the Gladstone Plaza redevelopment area and declaring the Memorandum of Understanding no longer in effect.  Councilman Joe Evans seconded.

 

Economic Development Administrator Melinda Mehaffy reported the Resolution before Council will terminate the City’s Memorandum of Understanding with Mr. Peterson and WCP Gladstone Plaza LLC.  Mr. Peterson had indicated he needed until the end of July to work on an anchor tenant for the potential project, and was unable to do so, and on or before August 4th did notify Mr. Nathan Vanice with Zimmer properties that he was agreeable to the withdrawal of the developer designation on this project.

 

Mayor Pro Tem Bill Cross asked what happens next with this project.

 

Ms. Mehaffy replied it is Staff’s recommendation at this time that a Tax Increment Financing (TIF) application be filed that would be a City driven TIF application that would allow the City to continue to move forward on the redevelopment of the Gladstone Plaza area.

 

Mayor Pro Tem Cross asked if that is the direction the City is going now that the July date is past and procedures have started on the next step.

 

Ms. Mehaffy replied if Council wishes Staff to do so, Staff would like to do that.

 

Councilman Les Smith stated the City gave the developer an opportunity to put together a development plan and secure tenants for Gladstone Plaza.  They were given two years to do so.  Being as the developer is unable to produce, this action frees the City to solicit other developers.  Councilman Smith said he would encourage Staff to file a City driven TIF application.  Councilman Smith said the City may have been a little too excited when a developer for Gladstone Plaza was first secured, thinking it might happen too quickly.  Councilman Smith said he is glad the developer realizes that the City gave him ample opportunity to make something happen, and he just could not do it.  Councilman Smith said there are still some exciting possibilities for Gladstone Plaza in the near future.

 

Ms. Mehaffy agreed there certainly are exciting possibilities for Gladstone Plaza in the near future.

 

Mayor Rudi stated to Ms. Mehaffy that she has received direction from Council members as to how to proceed.

 

Ms. Mehaffy thanked Mayor Rudi and Council members.

The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi.  (5-0)

 

            Item 12. on the Agenda.              FIRST READING BILL 05-23, an Ordinance annexing that tract of land comprising the Gladstone Water Treatment Plant that is being de-annexed by the City of Kansas City, Missouri, and authorizing and directing the City Clerk to do those things necessary to document such action.

 

Councilman Les Smith moved to place Bill 05-23 on First Reading.  Councilman Wayne Beer seconded. 

 

Councilman Joe Evans asked if the City of Kansas City reconsidered the signage Ordinance.

 

City Manager Davis replied they did not, and on August 4th they did enact their version of the de-annexation of the property, with that contingency.

 

Councilman Evans stated it did not set well with him that another community is telling our City what we can do here potentially.

 

Councilman Beer said he also take umbrage that we are being held in a hostage situation with this regard.  Councilman Beer said while he understands the practicality of “knuckling under”, it doesn’t make him like it any more, but he will vote in favor of acceptance of this Bill.

 

The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).  The Clerk read the Bill.

 

Councilman Les Smith moved to accept the First Reading of Bill 05-23, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Wayne Beer seconded. 

 

The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).  The Clerk read the Bill.

 

Councilman Les Smith moved to accept the Second and Final Reading of Bill 05-23 and enact the Bill as Ordinance 3.961.  Councilman Wayne Beer seconded.

 

Councilman Les Smith said despite Councilman Evans and Councilman Beer’s reservations about being held hostage, he believes the citizens of Gladstone will be excited to know that the City will own the land on which their Water Plant is located.  Probably most of the citizens had no idea that our Water Plant was in Kansas City, Missouri.  Councilman Smith said he would like to editorialize and say “hurray – finally!”

 

Councilman Beer said he is also in agreement with Councilman Smith in that regard, but we did go to the City of Kansas City in good faith with a good faith trade.  Councilman Beer said with our good faith to be rewarded by conditions, he feels is a slap in the face.

 

Councilman Evans said he seconded that.

 

Roll Call Vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).

 

            Item 13. on the Agenda.              FIRST READING BILL 05-24, an Ordinance granting a franchise to the Kansas City Power & Light Company, its successors and assigns, to construct, operate and maintain all appropriate facilities for carrying on a light, heat and power business in the City of Gladstone, Missouri; and setting forth the terms and conditions of such authorization.

           

Councilman Les Smith moved to place Bill 05-24 on First Reading.  Councilman Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).  The Clerk read the Bill.

 

Councilman Les Smith moved to accept the First Reading of Bill 05-24, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).  The Clerk read the Bill.

 

Councilman Les Smith moved to accept the Second and Final Reading of Bill 05-24 and enact the Bill as Ordinance 3.962.  Councilman Wayne Beer seconded.

 

Roll Call 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.           OTHER BUSINESS.

 

Mayor Pro Tem Bill Cross stated he appreciated Public Works Director Chuck Williams and Assistant City Manager Scott Wingerson for following up on concerns of his neighbors and friends.  Mayor Pro Tem Cross said he turns the responsibility of addressing such concerns over to Mr. Williams and Mr. Wingerson, and they do follow up very well, and he appreciates them getting right back to people with answers to their concerns.  Mayor Pro Tem Cross said both Mr. Williams and Mr. Wingerson have done a fantastic job in the last few weeks.

 

Item 15. on the Agenda.           QUESTIONS FROM THE NEWS MEDIA.

 

There were no questions from the News Media.

 

Item 16. on the Agenda.           ADJOURNMENT.

 

There being no further business to come before the August 8, 2005, Gladstone City Council Meeting, Mayor Carol Rudi adjourned the Regular Meeting.

 

Councilman Wayne Beer 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, 610.021(2) for Real Estate Acquisition Discussion, and 610.021(3) for Personnel Discussion.  Mayor Pro Tem Bill Cross seconded the motion.

 

Roll Call Vote:  All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi.  (5-0).

 

 

 

 

 

 

Respectfully submitted:

 

 

___________________________

Cathy Swenson, City Clerk

 

 

                                                                                       Approved as submitted:  ___

 

                                                                                Approved as corrected/amended: ___

 

 

 

                                                                                ______________________________

                                                                                              Mayor Carol Rudi