CITY COUNCIL MEETING
MONDAY JANUARY 23, 2006
PRESENT: Mayor Carol Rudi
Mayor Pro Tem Bill Cross
Councilman Les Smith
Councilman Wayne Beer
Councilman Joe Evans
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
Mayor Carol Rudi opened the Regular January 23, 2006, 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 JANUARY 9, 2006, REGULAR CITY COUNCIL MEETING MINUTES.
Councilman Wayne Beer moved to approve the January 9, 2006, 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, Mayor Pro Tem Bill Cross, Mayor Carol Rudi. (5-0).
Item 4a. on the Agenda. PRESENTATION OF MAYOR HOLIDAY TREE LIGHTING CHECKS TO THE NORTHLAND CHRISTMAS STORE AND NEIGHBORS HELPING NEIGHBORS.
Mayor Carol Rudi invited Ikey Harris, Chairman of the Northland Christmas Store, Bob Hill, Vice Chairman of the Northland Christmas Store, and Art Hammen, Executive Director of Neighbors Helping Neighbors to join her at the podium. Mayor Rudi presented a check in the amount of $6,160.29 to Ms. Harris for the Northland Christmas Store. Mayor Rudi thanked Ms. Harris for all she does for the community. Mayor Rudi presented a check in the amount of $759.06 to Mr. Hammen for Neighbors Helping Neighbors. Mayor Rudi thanked Mr. Hammen for his community efforts. Both Ms. Harris and Mr. Hammen thanked Mayor Rudi for the contribution to their organizations.
Item 4b. on the Agenda. PRESENTATION OF BOARD AND COMMISSION APPRECIATION PLAQUES.
Mayor Rudi invited Brenda Lowe of the Planning Commission, and Lance Turner of the Industrial Development Authority to please join her at the podium. Mayor Rudi presented to Ms. Lowe and Mr. Turner appreciation plaques in honor of their years of service on these important City Boards. Ms. Lowe and Mr. Turner thanked Mayor Rudi and Council members for the honor.
Item 5. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Mayor Pro Tem Bill Cross moved to accept the Consent Agenda as presented. Councilman Joe Evans 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-06-04, authorizing acceptance of a proposal from Key Equipment Company
for the purchase of a
Mayor Pro Tem Bill Cross moved to adopt RESOLUTION R-06-05, authorizing execution of a contract with Linaweaver Construction, Incorporated, in the total amount not to exceed $382,765.50 for the Northeast 76th Street and North Woodland Street Improvements; Project 035035. Councilman Joe Evans 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 DECEMBER 2005. Councilman Joe Evans 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.
Mr. Daily pointed out in another picture old windows have been left laying on the ground. A yellow bag of trash on the front porch has been there since the middle of September. Mr. Daily said these people cut their grass twice last summer. The people next door to him cut their front yard three times and their back yard twice. Mr. Daily said every time their grass was cut, it was after prompting from the City Codes people, because of phone calls he made. Mr. Daily said a neighbor tore down a 10-foot by 20-foot metal shed that had a wooden wall, and insulation. It was torn down, so the owner could use the concrete pad on which the shed sat to erect a basketball goal. Mr. Daily said he looked at the mess in the neighbor’s yard, suffered with the insulation blowing into his yard, and finally after 45 days, the debris was removed. Mr. Daily said it was his understanding that when there is a violation such as this, and someone complains, the City will mail the offender a letter. After 10 days if the trash is not cleaned up, the City will inspect the site, and if it is not cleaned up, the City will send another letter. After approximately another 10 days, if the trash is not removed, a notice is sent to appear in court. Mr. Daily said the court date could be a week, two weeks, or a month. Neighbors have to look at the trash for 30 to 45 days, but if during this time period, the trash is picked up, all is forgiven with nothing said until the next violation.
Mr. Daily suggested changing the City Ordinance to read that if trash is not picked up in 24 hours, the City will pick it up and send the homeowner a bill for $200. Mr. Daily said the Ordinance needs to be changed to where it has some “teethe”. Mr. Daily said he has two neighbors, one across the street, and one next door, who are playing the Ordinance to the hilt. Mr. Daily said he keeps his property clean, but when he had friends over for a barbeque this summer, they inquired into the trash next door, which was from the shed the neighbor had removed. Mr. Daily suggested the Ordinance be changed to read that trash must be removed in 24 hours or even a week. If it is not cleaned up, there should be some consequences. Mr. Daily stated he cuts his grass sometimes twice a week. The neighbors he mentioned cut their grass twice in a summer.
Councilman Wayne Beer stated his sympathies lie with Mr. Daily’s concerns, and he is in complete agreement with him, however, the City has tightened up the code enforcement Ordinance significantly in the last year. Councilman Beer asked Staff to give a brief summary of what the City had before and what is in place now for code enforcement.
Mr. Wingerson said the issue of weeds is a little bit different. When the grass reaches more than the allowable height, a notice is sent providing 10 days to cut the grass. If necessary, second notice is sent saying that the City will mow the property at a premium price 10 days from the date of the notice. These issues proceed more quickly. For a second violation, it is the same two steps and a court citation. In the case of a third violation, the City mows the property and there is a court citation. Mr. Wingerson said it is a time consuming process, but faster, with limited success in terms of process, but next summer these issues will be corrected more quickly or aggressive action will be taken more quickly as it relates to summons to municipal court.
Mayor Pro Tem Cross stated if Mr. Daily sees 10-inch tall grass, he should notify the City.
Mr. Daily said he does do that, but City staff asks if the violation can be seen from the street. The answer is yes, and if a code enforcement officer wishes to view the neighbor’s property from his back yard, he is welcome to do so.
Councilman Beer said the City depends on neighbors who will allow City personnel to enter their back yards to verify violations.
Councilman Joe Evans asked Mr. Daily if the properties being discussed are rental properties.
Mr. Daily replied no, they are not rental properties.
Mr. Wingerson replied the developer has not
contacted the City. The City has had
some basic conversations with the developer’s lawyer. Mr. Wingerson said he believes the City has
had one conversation with the developer at the City’s initiation. Mr. Wingerson stated he believes there is an
active effort by the developer of
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Joe Evans had no comments at this time.
Smith stated at the last Council meeting, a Special Use
Permit was approved for Goens Rental at 76th and North Oak
Trafficway in the former Ryan’s Steakhouse building. Mr. Goens and his firm secured a couple of
contracts for repainting a hotel and another facility in
Following applause from the audience, Councilman Smith stated he had no further comments.
Councilman Wayne Beer stated recently there has been less than stellar news regarding a group in Kansas that pickets funerals of our fallen service members, with basically the statements during their demonstrations that the soldiers who are being buried and honored were less than good people, never mind the fact they were killed in defense of this country and everything that it stands for.
Councilman Beer reported there are some areas that
are proposing and developing ordinances to control the demonstrations at those
funerals, specifically within close proximity.
Councilman Beer stated he would like very much for our City to look at
this. There should be no reason to
castigate those folks who died in defense of our country, and there should no
reason to permit such activities, irrespective of the First Amendment. Councilman Beer said he was not trying to
abrogate First Amendment rights, but there must be a way to protect the
families of the fallen, and protection of their First Amendment rights. Councilman Beer asked that some form of
ordinance be looked at to address this.
Councilman Beer stated one of his former students was recently buried
after being killed in
Mayor Rudi stated City Counselor David Ramsay has begun work on such an ordinance, and Council would ask that he continue that work.
Councilman Smith stated he believes there is a Bill that has been filed at the State level, and perhaps our City, for consistency, could mirror that Bill. The Bill allows for some freedom of speech rights. Councilman Smith stated for him, it is a matter of respect, and that is the basis and premise on which he would like the City to move forward with this ordinance.
Mayor Pro Tem Bill Cross asked if any of our local legislators have expressed an opinion on this matter.
Mayor Carol Rudi asked Counselor Ramsay to visit with local legislators regarding this issue.
Counselor Ramsay replied he would visit with local
legislators and stated he believed Senator Charles Shields of
Mayor Rudi agreed that this is a matter of respect for our servicemen and any family.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk
Item 9. on
the Agenda. FIRST
Councilman Les Smith moved to place Bill 06-04 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 06-04, 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 06-04 and enact the Bill as Ordinance 3.983. Councilman Joe Evans 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 10. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 11. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 12. on the Agenda. ADJOURNMENT.
There being no further business to come before the
January 23, 2006,
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Carol A. Rudi