MINUTES
CITY COUNCIL
MEETING
REGULAR MEETING
MONDAY OCTOBER 24, 2005
PRESENT: Mayor
Carol Rudi
Mayor
Pro Tem Bill Cross
Councilman Les Smith
Councilman
Wayne Beer
Councilman
Joe Evans
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: City Manager Kirk Davis
Mayor Carol Rudi opened the Regular October 24,
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 SEPTEMBER 12, 2005, REGULAR CITY COUNCIL
MEETING MINUTES.
Councilman Les Smith moved to approve the September
12, 2005, Regular City Council Meeting Minutes as presented. Councilman Joe Evans seconded the
motion.
The vote:
“Aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les
Smith. As they were not present at this
meeting, Mayor Pro Tem Bill Cross and Mayor Carol Rudi abstained from the
vote. (3-0-2).
Item 4a. on the Agenda. APPROVAL OF THE OCTOBER 10, 2005, REGULAR CITY COUNCIL
MEETING MINUTES.
Mayor Pro Tem Bill Cross moved to approve the
October 10, 2005, Regular City Council Meeting Minutes as presented. Councilman Wayne Beer seconded the
motion.
The vote:
“Aye” – Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill
Cross, Mayor Carol Rudi. As Councilman
Joe Evans was not in attendance at this meeting, he abstained from the
vote. (4-0-1).
Item 5. on the Agenda. CONSENT AGENDA
Mayor Pro Tem Bill Cross moved to adopt the Consent Agenda as presented. 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)
Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-82, authorizing execution of a contract with Aylett, Flowers Survey & Engineering Company in the total amount not to exceed $27,977.63 for the Natatorium Street Improvements Design Survey; Project IN0611. 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)
Mayor Pro Tem Bill Cross moved to approve the FINANCIAL REPORTS FOR SEPTEMBER 2005. 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)
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Mayor Rudi stated due to the number of issues on this meeting’s agenda, there would be a five-minute time limit per speaker.
Mary Abbott, 5905 North Broadway, stated the rocks have not
been removed from the property she discussed at the last meeting (near the
detention basin by the Englewood Villas).
Mr. Scharhag mowed the grass around the rocks today.
Melanie McMullan, 13601 Hinson Road, Holt, Missouri,
stated she
was present to represent the Clay County Constitutional Charter
Commission. Ms. McMullan stated on
November 8th,
Ms. McMullan said some of the opponents will say
that this initiative will steal votes.
Part of this effort is to reform our County government, and right now
many administrative positions are elected in addition to the
Ms. McMullan said this effort could result in no
longer electing people who balance the checkbook and write the checks that pay
the County bills and things that are more managerial and administrative in
nature – professional people would be hired.
Ms. McMullan stated that
Ms. McMullan stated another issue of interest to a
lot of people is the merit system for employees. Right now a lot of decisions regarding hiring
and promotions are based on how well one campaigns for their office
holder. Ms. McMullan said County
employees would be protected under a merit system and would have 50 percent
representation on the merit board. Ms.
McMullan said she gave Council members a fact sheet that lists the highlights,
and she really wanted to come before the Council prior to the November election
and remind Council of the importance of this issue. Ms. McMullan said she felt it was unfortunate
this there was not the choice of a higher turnout election date, but it will be
critical to get people out to vote, and help them understand on what they are
really voting.
Kathy Pierronet, 6204 North Park, stated she is a resident of
Gladstone, a taxpayer, and a registered voter who never misses an election in
Gladstone. Ms. Pierronet said she is
impressed with Gladstone. Ms. Pierronet
said she is definitely in support of the Charter for Clay County, and feels
accountability needs to come back to Clay County. It seems to have been lost over the
years. Ms. Pierronet said she feels that
electing the Board officials, that in turn will appoint qualified individuals
not based on partisan politics, to govern the County will be a great way to
go. It will give the citizens their vote
back. Ms. Pierronet encouraged all to
vote on November 8th, so the process can begin. Ms. Pierronet encouraged everyone to vote
favorable for the Charter, because she feels the results would be much like
Gladstone.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Les
Smith stated he wished to express his personal support of
the County Charter. Councilman Smith
said as a Council it was decided not to take a position on the County Charter
issue, however, he personally is very supportive of it. It is good to hear people stand up and use
Gladstone as a shining example of how government should work. Councilman Smith said it is of course his
esteemed colleagues that cause this to be said, but more importantly it is our
form of government. Councilman Smith
said the Council/Manager form of government, which has been in place in
Gladstone since the early 1960’s has worked very well with Council members
being the policy makers for the community.
Councilman Smith said Council does not meddle in day to day operations,
because quite frankly Council is not qualified to do so, and just because
Council members get more votes than anyone else, does not make them any more
qualified.
Councilman Smith said he
looks forward to Clay County being able to hire a manager and to have a form of
government where all employees are held accountable. Councilman Smith said he has friends who are
in office in Clay County, and this has nothing to do with them. It has to do with the fact that some of them
over the years have been able to get away with things that none of us would be
able to get away with on our job. That
is because they only have to go out and get votes every four years. Councilman Smith said he looks forward to a
professional form of government, and as important as anything is the
non-partisan issue. Councilman Smith
said it is a breath of fresh air to not have to play partisan politics to serve
your community in this position. This
would be a real boon for the County.
Councilman Smith said more than anything else, it would be a
professional form of government with more representation, because there would
be a Councilperson from each of four districts, as well as at-large
councilpersons. Councilman Smith said,
as people in the audience know, they can call their elected official and have
someone in their backyard within a day or a week looking at their problems,
which does not happen in the County now. Councilman Smith said most likely that
kind of a response would be possible if there is a County Council. Councilman Smith said he supports this issue
and encourages people to get out and vote in support of the County Charter.
Councilman Wayne Beer stated he would like to
repeat two words that Councilman Smith mentioned: non-partisan and professional. Councilman Beer said he does not believe
there are any two more critical aspects of the Clay County Charter government
proposal than those two words.
Councilman Joe
Evans stated he would like to echo the sentiments of his
fellow council members. Councilman Evans
said after initially having reservations about the new form of government for
Clay County, he too is wholeheartedly endorsing it as of now.
Mayor Pro Tem
Bill Cross stated he feels exactly the same as his colleagues,
and as individuals they are going to support this effort. Mayor Pro Tem Cross thanked the
administrative staff for the recent retreat that was held; it was very beneficial
and he appreciated Staff taking time away from their jobs to spend time with
the five Council members while several important City government issues were
discussed.
Mayor Carol Rudi stated she personally supports the County
Charter, however, she did not believe as a Council they should put forth a
statement of support, because she also believes each of our City’s citizens
should have the right to make their own decisions without any extraordinary
influence by the City Council. Mayor
Rudi said she does believe this would be a very professional form of
government, she likes the non-partisanship, and it will be very beneficial
because it is very much like Gladstone.
Mayor Rudi said hopefully it would bring a staff that is as good as the
one we have in Gladstone.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
Assistant City
Manager Scott Wingerson began by saying City Manager Davis sends his regrets,
as he was unable to attend this meeting.
Mr. Wingerson stated City Counselor David Ramsay and City Clerk Cathy
Swenson received good news today in that the Municipal Code is in the mail and
should be received by the end of the week.
Mr. Wingerson reported that Friday Fright Night, an event co-sponsored
by the City and the Chamber of Commerce, is this Friday, October 28th,
in Oak Grove Park, beginning at 6:00 PM.
November 4th, 5th, and 6th, from the
hours of 8:00 AM to 5:00 PM, is the City’s Brush Disposal Weekend. Mr. Wingerson encouraged all to take
advantage of this opportunity to dispose of brush. Mr. Wingerson continued by saying the City’s
Employee Recognition Banquet is November 5th, and the Amphitheatre
Committee is holding a fundraiser on November 18th and 19th,
to see “Mine of the Secret Nugget”. More
details will be coming in the future on this event.
Item 9. on the Agenda. PUBLIC HEARING: on a request to rezone from CP-3 (General Business Planned) to CP-1 (Neighborhood Business Planned) at property located behind the building at 6100 North Oak Trafficway. Applicant/Owner: Gladstone Gifts LLC (DBA Priscilla’s). File #1260
Mayor 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 to the application.
Staff Presentation
Assistant City Manager Scott Wingerson stated the applicant is requesting a change in zoning classification from CP-3 to CP-1. The background on this issue is that in April 2005, the City Council approved a site plan revision to allow construction of a parking lot behind the existing Priscilla’s store to accommodate their needs. One of the recommended conditions in that site plan Ordinance, which was forwarded from the Planning Commission to the City Council, was that the parking lot area be rezoned to match the zoning of the store. This action completes that transaction and in effect makes consistent zoning between the two parcels. Mr. Wingerson reported the Public Hearing for the Planning Commission was at their last meeting, and the Planning Commission recommends approval by a vote of 8 to 3.
Applicant Presentation
There was no Applicant Presentation.
There
were no comments from those in Favor or in Opposition to the application.
Mayor Rudi closed the Public Hearing.
Item 9a. on the Agenda. FIRST READING BILL 05-31, amending Ordinance No.
2.292 and being an Ordinance relating
to Zoning Ordinance Regulations and the establishment of Use Districts within
the City of Gladstone, Missouri.
Councilman Wayne Beer moved to place Bill 05-31 on First Reading. 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). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the First Reading of Bill 05-31, Waive the Rule and place the Bill on Second and Final Reading. 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). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the Second and Final Reading of Bill 05-31 and enact the Bill as Ordinance 3.969. Councilman Les Smith seconded.
Roll Call Vote: “Aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (5-0).
Item 10. on the Agenda. PUBLIC HEARING: on the adoption of an Official Zoning Map for the City of Gladstone, Missouri.
Mayor Rudi opened the Public Hearing and stated the process would be the same as the previous Public Hearing.
Staff Presentation
Assistant City Manager Scott Wingerson stated the Zoning Map was created in 1986. The base map is hand drawn, as are all the amendments since 1986. Mr. Wingerson pointed out the official Zoning Map of the City, and stated there is one back-up copy of the Zoning Map. Mr. Wingerson stated this illustrates the reason to update the official Zoning Map of the City. Mr. Wingerson pointed out the newly proposed official Zoning Map, a smaller copy of which was in Council’s packet. Mr. Wingerson stated the intent of the official Zoning Map is to provide a legal document in which to make zoning decisions, interpretations, and classifications. Mr. Wingerson stated that this is extremely difficult to do with a hand drawn map, and in the age of technology and with the help of the City’s Geographic Information System people, this is a better version that can be updated more appropriately as the Council takes actions on zoning changes. An example of this is the case that was just heard. The current zoning of that property is CP-3 and CP-1, and that will be changed to reflect that all the property is now CP-1, with a date, Ordinance number, and the amendment.
Mr. Wingerson reported that Staff is only seeking to take advantage of technology and to create a professional zoning map. It is not anyone’s intent to change any zoning of any property whatsoever in this process. The zoning would remain the same, unless Council takes specific action.
Councilman Wayne Beer asked if there were a mistake, would the mistake be easily correctable by Council action and in what manner?
Mr. Wingerson replied that in the event of an alleged mistake, Staff would go back and do all the research back to the original Ordinances of the City for that property. All of that was done from 1976 to the current date so Staff is very comfortable, but if there were a mistake, there would be a Public Hearing with the Planning Commission with a recommendation to City Council who would make final action. Mr. Wingerson said if it were believed by Staff a mistake had been made and if an owner came forward with appropriate documentation, Staff would move very quickly in response to the application and address it in the shortest time possible.
There
were no comments from those in Favor or in Opposition to the application.
Mayor Rudi closed the Public Hearing.
Item 10a. on the Agenda. FIRST READING BILL 05-32, adopting an Official Zoning Map for the City of Gladstone, Missouri.
Councilman Les Smith moved to place Bill 05-32 on First Reading. 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). The Clerk read the Bill.
Councilman Les Smith moved to accept the First Reading of Bill 05-32, Waive the Rule and place the Bill on Second and Final Reading. 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). The Clerk read the Bill.
Councilman Les Smith moved to accept the Second and Final Reading of Bill 05-32 and enact the Bill as Ordinance 3.970. Councilman Joe Evans seconded.
Roll Call Vote: “Aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (5-0).
Item 11. on the Agenda. FIRST READING BILL 05-33, prohibiting the storage, operation and location of open-flame cooking, heating or decorative devices, and fuels, upon decks, balconies, porches, and patios, or within ten feet of dwelling structures comprised of more than two units, within the City of Gladstone.
Councilman Wayne Beer moved to place Bill 05-33 on First Reading. 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). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the First Reading of Bill 05-33, Waive the Rule and place the Bill on Second and Final Reading. 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). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the Second and Final Reading of Bill 05-33 and enact the Bill as Ordinance 3.971. Councilman Les Smith seconded.
Councilman Wayne Beer stated this Bill could be a lifesaver, and he believes it is long past due. There have been a couple of pretty serious fires in recent years that have resulted in roughly one half million dollars in damage to two structures. Fortunately there were no lives lost. Councilman Beer concluded by saying this is something in which we cannot take a chance of happening again.
Mayor Rudi stated due to Public Safety efforts, lives were not lost.
Councilman Wayne Beer agreed, and stated there will be a public recognition of three Gladstone Public Safety officers by the Metropolitan Chiefs and Sheriff’s Association on November 8th. These officers will be recognized for the heroism they displayed in getting people out of the latest major structure fire in the City. Councilman Beer asked that Public Safety Director Bill Adamo forward his remarks to Public Safety personnel.
Roll Call Vote: “Aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (5-0).
Item 12. on the Agenda. RESOLUTION R-05-83, directing the City Manager to collect the City Personal Property Taxes for 2005 at the rate of .5391 cents per one hundred dollars in valuation.
Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-05-83, directing the City Manager to collect the City Personal Property Taxes for 2005 at the rate of .5391 cents per one hundred dollars in valuation. Councilman Joe Evans seconded.
Assistant City Manager Scott Wingerson explained this action allows the Personal Property Tax to be collected at the same rate of last year.
Mayor Rudi stated this is separate from the City’s Real Estate Property Tax, which is collected at a higher rate. Mayor Rudi stated she wanted people to know this action does not raise taxes.
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 13. on the Agenda. FIRST READING BILL 05-34, accepting the recommendations of the Tax Increment Financing Commission approving the Gladstone Plaza Tax Increment Financing Plan, establishing a redevelopment area, redevelopment project and redevelopment project area, designating Gale Communities, Inc. as the developer of the redevelopment project and authorizing and directing the City Manager to begin negotiations of a Tax Increment Financing contract between the City of Gladstone, Missouri and Gale Communities, Inc.
Christine Treat Bushyhead, White, Goss, Bowers, March, Schulte & Weisenfels, P.C., stated she was present at this meeting as special counsel to the City of Gladstone regarding this particular project. Ms. Bushyhead stated Bill 05-34 represents an Ordinance reflecting a unanimous recommendation by the Gladstone TIF (Tax Increment Financing) Commission regarding the approval of the proposed development plan, the designation of the developer, and authorizing the negotiations for a Tax Increment Financing contract. Ms. Bushyhead stated there was a document presented at the very beginning of the process, where the TIF Commission did make the recommendation regarding Exhibit 7. That recommendation has been incorporated into the document.
Ms. Bushyhead stated that also on the agenda is First Reading of Bill 05-35, and it is her request that this Bill be only read once, because this is the Redevelopment Project Ordinance. When this Ordinance is finally enacted, it will put into place Tax Increment Financing for the project itself, and we do not want to trigger that Tax Increment Financing until the most opportune moment so as to maximize our “not to exceed” 23 years of Tax Increment Financing for the project. Ms. Bushyhead stated she recommends only one reading for Bill 05-35, but is recommending first reading, second reading, and enactment of Bill 05-34.
Councilman Joe Evans moved to place Bill 05-34 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, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Councilman Joe Evans moved to accept the First Reading of Bill 05-34, 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, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Councilman Joe Evans moved to accept the Second and Final Reading of Bill 05-34 and enact the Bill as Ordinance 3.972. Councilman Wayne Beer seconded.
Councilman Les Smith began by saying his comments are regarding Items 13. and 14. on the agenda. Councilman Smith stated Gladstone Plaza and Tax Increment Financing has been discussed for a long time, and it is time to make something happen. It is also important to know that the City, in being the applicant for the Tax Increment Financing, has been extremely responsible to the other taxing jurisdictions that are involved.
Councilman Smith stated he wanted to read a couple of brief statements from the transcript of the TIF Commission meeting, as he felt they are pertinent. Councilman Smith said Pam Mason, County Clerk who sits on the TIF Commission, stated among other things that “this is the best prepared, best laid out, no hidden items in the plan, that I have seen in 11 years – you have done well. I just want to say that I am with the County, and Gladstone is a good community, and I think this makes you a better community. It makes Clay County a better County. I did mention this plan to Commissioner McCaslin, we talked about it, she said it is a good plan, and I said, yes, this is one we should support.”
Councilman Smith said Terry Ward, who is one of the two North Kansas City School District representatives on the TIF Commission included in his statements, “I think this is a responsible and well balanced plan.” Councilman Smith stated Clay County Western Commissioner Larry Larson stated that he was much in favor of the plan, because it is a very good plan. Councilman Smith said Freddie Nichols of the TIF Commission was also very supportive.
Councilman Smith said the point he is trying to make and reinforce for the record is that all the taxing jurisdictions involved have applauded Gladstone for the responsible plan we are pushing forward and they also heard a presentation from Mr. Gale, who shall very soon be designated the developer, and they were also very impressed with him, and feel very comfortable that this is a project that will work. Councilman Smith said he believes the City is presenting a responsible plan and should feel good about that.
Mayor Rudi commended City staff and Ms. Bushyhead on the project that was put before the TIF Commission, because they did rave about how well it was organized. They liked our developer, who is proposed here. Mayor Rudi thanked all for their hard work and time spent on this effort.
Mayor Pro Tem Bill Cross agreed with Mayor Rudi, and thanked Staff and fellow Council members for all the time spent on this project. Councilman Cross also thanked Mr. Gale for the time and knowledge he has shared with the City.
Roll Call Vote: “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. FIRST READING BILL 05-35, approving and designating the Redevelopment Project of the Gladstone Plaza Tax Increment Financing Plan as a Redevelopment Project and adopting Tax Increment Financing therein.
Councilman Wayne Beer moved to place Bill 05-35 on First Reading. Councilman Les Smith seconded.
Mayor Rudi asked Ms. Bushyhead if there is a limit as to how long Council can wait before considering the second reading of this Bill.
Ms. Bushyhead replied the answer to Mayor Rudi’s question is 10 years.
The vote: All “aye” – Councilman Joe Evans, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Bill Cross, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Item 15. on the Agenda. OTHER BUSINESS.
There was no other business.
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
October 24, 2005, Gladstone City Council Meeting, Mayor Carol Rudi adjourned
the Regular Meeting.
Respectfully submitted:
___________________________
Cathy Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Carol A. Rudi