MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

MONDAY MAY 22, 2006

 

 

PRESENT:          Mayor Bill Cross

                             Mayor Pro Tem Les Smith                        

Councilman Carol Rudi

                             Councilman Wayne Beer

                             Councilman Mark Revenaugh

                            

City Manager Kirk Davis

City Counselor David Ramsay

Assistant City Manager Scott Wingerson

City Clerk Cathy Swenson

 

 

Mayor Bill Cross opened the Regular May 22, 2006, City Council Meeting at 7:30 PM in

the Gladstone City Council Chambers.

 

Item 3. on the Agenda.             PLEDGE OF ALLEGIANCE.

 

Mayor Bill Cross led the Pledge of Allegiance, in which all joined.

 

Item 4. on the Agenda.             APPROVAL OF THE REGULAR MAY 8, 2006, CITY COUNCIL MEETING MINUTES.

 

Councilman Mark Revenaugh moved to approve the Regular May 8, 2006, City Council Meeting Minutes as presented.  Councilman Wayne Beer seconded the motion. 

 

The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. 

 

Item 4a. on the Agenda.    PROCLAMATION:  designating the week of May 22-26, as “National Public Works Week” in Gladstone, Missouri, as sponsored by the American Public Works Association.

 

Mayor Bill Cross invited Councilman Mark Revenaugh to present the proclamation.

 

Councilman Revenaugh read and presented the Proclamation to Public Works Director Chuck Williams, who stated there are 32 staff members in the Public Works Department.  These staff members are dedicated individuals who are willing to report in the middle of the night to serve the community, whether it is a problem concerning water, sewer, or to clear the roads after a snow storm.  Director Williams stated the Public Works Department is just one small cog in the entire City organization that is here to serve the citizens of Gladstone, and it is a pleasure to do so.

 

Mayor Cross thanked Director Williams and stated he and Council members appreciate all the good work of the Public Works Department.

 

Item 5. on the Agenda.             CONSENT AGENDA

 

Following the Clerk’s reading, Councilman Wayne Beer inquired into the address for the CVS liquor license on 6129 North Antioch Road, which is currently the OSCO store.

 

City Clerk Cathy Swenson replied that CVS Pharmacy, LLC has bought the OSCO store located at 6129 North Antioch Road.

 

Councilman Carol Rudi moved to accept the Consent Agenda as presented.  Mayor Pro Tem Les Smith seconded.  The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. 

 

Councilman Carol Rudi moved to adopt RESOLUTION R-06-28, authorizing execution of a contract with SMI-CO Construction, Incorporated, in the total amount not to exceed $145,498.00 for the 2005 Water Main Replacements; Project WP0590.  Mayor Pro Tem Les Smith seconded.  The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. 

 

Councilman Carol Rudi moved to adopt RESOLUTION R-06-29, authorizing acceptance of work under contract with Damon Pursell Construction Company for the Happy Rock West-Antioch Road Improvements, and authorizing final payment in the amount of $14,219.82 for Project 025025.  Mayor Pro Tem Les Smith seconded.   The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. 

 

Councilman Carol Rudi moved to adopt RESOLUTION R-06-30, authorizing the City of Gladstone to participate in the Energy Leveraged Loan Program of the Missouri Department of Natural Resources and the State Environmental Improvement and Energy Resources Authority, and authorizing the City Manager to execute a loan agreement and promissory note to provide funds to finance the installation or construction of energy conservation measures for the new Community Center/Natatorium; such funds to be repaid from energy cost savings realized by the City as a result of implementation of such energy conservation measures.  Mayor Pro Tem Les Smith seconded.  The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. 

 

Councilman Carol Rudi moved to adopt RESOLUTION R-06-31, authorizing the City Manager of the City of Gladstone to execute an agreement with Town and Country Building Services for Janitorial Services at City Hall,  the Public Works Building, and the Water Treatment Plant for an initial one year period with three optional one year extensions in the amount of $42,892.00 per year.  Mayor Pro Tem Les Smith seconded.  The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. 

 

Councilman Carol Rudi moved to approve a CLASS “C & H” 7-DAY PACKAGE LIQUOR LICENSE WITH WINE TASTING, for Missouri CVS Pharmacy, LLC, dba CVS/Pharmacy #8554, 6129 North Antioch Road.   Managing Officer: Lorene Samson.  Mayor Pro Tem Les Smith seconded.  The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. 

 

Councilman Carol Rudi moved to approve the FINANCIAL REPORT FOR APRIL 2006.  Mayor Pro Tem Les Smith seconded.  The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. 

 

REGULAR AGENDA

 

Mayor Cross adjusted the agenda slightly and asked City Manager Kirk Davis for his comments.

 

Item 8. on the Agenda.             COMMUNICATIONS FROM THE CITY MANAGER.

 

City Manager Kirk Davis reminded everyone that the municipal pool opens Memorial Day weekend.  The Gladstone Amphitheatre in Oak Grove Park will be hosting the Sweet Adelines on June 3rd at 6:00 PM.  City Manager Davis reported there will be a Community Center public meeting at 5:00 PM, on June 5th, at City Hall, and invited all to attend.  City Manager Davis encouraged all to attend the Blues Festival on June 9 and 10 in Oak Grove Park.

 

 

 

Item 6. on the Agenda.             COMMUNICATIONS FROM THE AUDIENCE.

 

John Rupert, 6407 North Wayne, asked if the City would be able to fulfill the 2006-2007 budget in regard to the drainage project on the east side of North Wayne, which was supposed to be completed this year.

 

City Manager Kirk Davis stated this project is listed in the Stormwater Master Plan, and he believes it was originally funded for 2006 for construction.  City Manager Davis said, unfortunately, when the sales tax revenue began to decline in the City in 2001 and 2002, this is one of the projects that suffered from the reprioritization that the City had to do.  City Manager Davis stated this is his recollection, and asked Public Works Director Chuck Williams if he could provide an update on this issue.

 

Public Works Director Williams reported that the project that Mr. Rupert inquired about is now scheduled for 2011.  As City Manager Davis indicated, with the shrinking sales tax and the increase in the construction costs, the City has had to do some significant reprioritization of all of the City projects.  Director Williams suggested that one thing that could be done in the short term to assist Mr. Rupert is to discuss this project at an internal meeting that will be held Thursday morning, where some miscellaneous storm water money will be discussed.  There may be something that can be done to alleviate Mr. Rupert’s problem for the short term.  Director Williams stated he knows that Mr. Rupert would like to see this project completed; it is however, an approximately $175,000 project.  Currently, the City does not have the funding available, based on the other prioritization of projects, but something may be able to be done in the short term.

 

Mr. Rupert asked what happened to all the money from 2004.

 

City Manager Davis replied he believes Mr. Rupert is talking about the City’s property tax increase in February 2005.  City Manager Davis reported that none of that money was dedicated to Capital Improvements, except for streetlights and sidewalks, which are the Gladstone on the Move objectives that came from that citizen based process.

 

Mr. Rupert asked why the City needs more sidewalks, when people don’t use them and do not maintain them by cutting their tree limbs and so forth.  Mr. Rupert said he turned in two complaints and nothing has been done on the route he reported. 

 

City Manager Davis replied that for over a year, the Gladstone on the Move Committee for went over extensive discussions on what they wanted to see in the community, and one of the priorities identified was additional sidewalks.  Those priorities were adopted by City Council resolution, and Staff has used those to help in prioritizing spending recommendations to City Council for the last two years.  City Manager said unless Council would like to change priorities in the budget, as suggested by Mr. Rupert, he would like to have the opportunity to discuss at the Thursday meeting the amount of money available, which will be substantially less than $175,000, to address this issue.  City Manager Davis said Mr. Rupert’s problem would not be entirely solved by the project.  Mr. Rupert has some underground storm drainage that affects his foundation.  In addition, he has some surface drainage that would be resolved by this project.  City Manager Davis said what Mr. Williams is suggesting is that Staff look at some type of a smaller french drain that would help alleviate part of Mr. Rupert’s surface drainage problem, and provide him some relief, yet not compromise the $175,000 project that would benefit a far greater number of people in 2011.  City Manager Davis apologized for the delays with this project.  The City is at 1997 levels in sales tax, but at 2006 prices in expenses.  The City has had to reprioritize how it spends money in order to remain financially viable as an organization.  City Manager Davis said Staff is very cognizant of Mr. Rupert’s issue, and hopes that he is also appreciative of what the City is struggling with at this time.  There might be at least some help, if Mr. Rupert will wait until Thursday, when Staff will look at a temporary option.

 

Mr. Rupert stated that Assistant City Manager Scott Wingerson has visited his home, and will attest that there is no problem with water above the ground; the problem is water below the ground.  Mr. Rupert said he has spent $5,400 having his walls reinforced to keep them from coming in.  The house next door, 6409 North Wayne, has a similar problem, except the owner did not put in the drainage that Mr. Rupert did, and his wall moved in so far that it caused a fire in his house.  The electrical circuit was pulled out of the box, which started a fire.  Another neighbor spent over $10,000 to jack up his home’s foundation, and on the south side of that house, there was so much space one could put their arm into the basement. 

 

Councilman Mark Revenaugh asked if the water is coming from underground, and what is the source of the water – is it a natural spring or a pipe that is leaking?

 

City Manager Davis replied it is not a pipe; it is underground drainage coming from an underground spring, and it becomes worse when there is a lot of rain.  City Manager Davis stated what is being discussed is to divert some of that surface ground water, but the real problem is an underground spring.

 

Mr. Rupert asked if the location of the spring is known.

 

Public Works Director Williams stated that much of Gladstone has what is known as expansive soils.  What Mr. Rupert is describing is not uncommon in areas where there is expansive soil.  When expansive soil dries, it shrinks considerably, but when it gets wet, it expands far beyond its original size, or when the basements were poured.  Director Williams stated the short-term project he is suggesting might help the problem, but it won’t solve the problem completely.

 

Councilman Revenaugh stated as he understands it, this is not a problem the City created.

 

Mr. Rupert said the City originally filled in his yard, and he has big pieces of concrete under his front lawn.  He tried to pull down a tree and found a piece of concrete and could not find the end of it without the great expense of a large hole to find the limits of the concrete.  Mr. Rupert said he gets enough water when he lifts up the cover of his water meter, it is sometimes up to the top, and he can walk across the street and that water meter will be perfectly dry, so that water cannot even run across the street.  Mr. Rupert stated his home was built in 1958, and in 1972, he had to replace his water pipe because it was rusted.  In October, during the ice storm, he had to replace his gas line, that had rusted.  His home was the only house on his block that had to replace both lines, which is because of the water.  Mr. Rupert said his two neighbors across the street just replaced their galvanized pipe in the last two years; their pipes lasted 40 years, and his lasted 14 years.  Mr. Rupert said he has visited City Hall ever since the project was first done on Forest and 67th Street, and talked to the people that do the City’s planning.  Mr. Rupert said he thought maybe he would get something done after that project, but that did not happen.  Mr. Rupert said he has been trying to get this work done for over 30 years, and it is still sitting there the way it is.  Mr. Rupert said he spent the $5,400 he mentioned and also spent $2,500 to have a sump pump put in on the east side of his basement, and he still has a problem.  Mr. Rupert stated he had his basement walls paneled, and he had to remove all of the paneling, along with his shelving, in order to have the work done to support the walls.

 

Councilman Revenaugh asked if Mr. Rupert discovered there was an underground spring after he built the house.

 

Mr. Rupert replied he bought the house two years after it was built, and no one has located a spring on his property.  The people who live on the next street, which is North Highland, told him their houses were built before they built on Wayne Street, and there was nothing but a creek bottom in his area.  Mr. Rupert said he believes the water still follows that.

 

Councilman Revenaugh asked, for clarification, if he was correct that Mr. Rupert wants the City to fix the problem.

 

Mr. Rupert replied, yes, the City inspectors should have looked at what they were doing when they filled in his yard.  Mr. Rupert said his house sits in the ground almost 8 feet, and he would be happy to share pictures he had with him, showing how deep his house sits in the ground.

 

Councilman Revenaugh thanked Mr. Rupert for clarifying the situation for him, because he had no previous knowledge of this issue.  Councilman Revenaugh said by Mr. Rupert attending this meeting, it helped everyone better understand what Mr. Rupert has been putting up with in that his house has some kind of underground water running into the basement that is causing him problems.  Councilman Revenaugh said that City Manger Davis has agreed that when Staff meets on Thursday, they will see if there is something that can be done.  Councilman Revenaugh said his parents, who live in Carriage Hill, have an underground stream, but it is not affecting their home to the extent that some water source is affecting Mr. Rupert’s home.  All the City can do is the best they can with the budget available, but the reality is that $175,000 to do the entire project is a lot of money.

 

Mr. Rupert agreed that it is a lot of money, but it has been said in the past that the City should do things that need to be done now, and do things we would like to do later.  Now the City is looking at building a Community Center, a swimming pool, and sidewalks.  People do not use sidewalks, and very few people are walking outside.  People do not even cut the tree limbs over the sidewalks.  Mr. Rupert said a lot of people in Gladstone are older and will not be able to use the pool or Community Center.

 

Mayor Pro Tem Les Smith stated he understands Mr. Rupert’s concerns; however, the City has dedicated revenue sources.  In other words, certain money can only be spent on certain things.

 

Mr. Rupert replied that when the money comes in, it is not marked, City Council members make the decisions of where the money goes.

 

Mayor Pro Tem Smith stated that a group of citizens pushed for an initiative for a Community Center, and when the voters are told the money will be used for a Community Center, that is where the money will go.  There are revenue sources that can only be used for certain expenditures, and there are sales taxes that are dedicated for capital improvements, of which storm drainage is one.  Mayor Pro Tem Smith said what probably happened when the project being discussed was originally projected to be completed this year, it was placed on the City’s five-year plan based on revenue projections.  As the City Manager said, those revenue projections have not held true.  It is similar to one’s own home – when one has less money, one has to spend less money. 

 

Mayor Pro Tem Smith stated that $175,000 might help Mr. Rupert and one or two of his neighbors, but there might be another project where the $175,000 could help 15 or 20 homes.  The City has to reprioritize at that point and spend the money for the greater good.  Mayor Pro Tem Smith said that is why City Council members are encouraging retail development and reinvestment in neighborhoods and commercial corridors, as that generates that sales tax that allows the City to do projects such as the one in Mr. Rupert’s area.  If Director Williams can find something that will help Mr. Rupert’s problem in his meeting on Thursday, then that is all that can be done at this time.  Mayor Pro Tem Smith said he does not like to say this, because he wants to help everyone - no matter how large or small the problem, he wants to be able to fix it.  The reality is that the City cannot at this time, and especially with storm drainage funding. 

 

Mayor Pro Tem Smith asked Mr. Rupert to wait to hear from Director Williams by the end of the week to see what the City can do to assist him.  Mayor Pro Tem Smith informed Mr. Rupert that if anyone has told him that the City can fix his underground problem 100 percent, he has been misled, because the City cannot.  The City can help give Mr. Rupert some relief, and Director Williams has offered to do what he can with the money available to him at this time.

 

Mr. Rupert asked what the City did with the $856,000 received in 2004.

 

City Manager Davis replied he believed that was the fiscal year fund balance that was re-appropriated into the Capital Equipment Replacement Fund, and end of year expenditures.  Approximately $350,000 goes to the year-end costs such as labor and so forth that accrue into the following year.  The City also tries to complete any unfinished projects, utilizing those year-end funds.  Remaining funds go into the Capital Equipment Replacement Fund.  City Manager Davis explained that Capital Equipment Replacement Fund is something the City is trying build up, and those funds have saved the City the last couple of years, due to the declining revenues.  Capital Equipment Replacement Funds proposed in the 2007 Budget is paying for all the Capital Equipment that the City has budgeted, and includes trucks, squad cars, and things of that nature.  None of the money that Mr. Rupert has mentioned are Transportation Sales Tax dollars.

 

Mayor Pro Tem Smith stated that there is documentation that shows where every penny of the money was spent - the expenses are documented.  There is a certain percent of the City’s sales tax revenue that is earmarked for capital projects, such as storm drainage projects and so forth.  Expenditures of those funds are also documented.

 

Mr. Rupert stated there are four homes in his block that have problems with excessive ground water.  If that water is diverted into Mill Creek, it will help the people south of Shady Lane, as well as help in his area.  Mr. Rupert said after a good rain, the water is coming out of the drains and runs across North Wayne for two to three weeks at times.

 

Mayor Pro Tem Smith suggested that Mr. Rupert allow City staff to report back to him, and asked City staff to provide a report to City Council members.  Mayor Pro Tem Smith explained that at this point it would be speculation, but more will be known after the Thursday meeting, and if Mr. Rupert is not satisfied, he is certainly welcome to attend a future City Council meeting.

 

Mr. Rupert stated that the water in his area is also hurting the City, as it is rusting out the City water line, and this last year the City put in a new section of pipe, because the City was tired of digging up his driveway.  Mr. Rupert inquired into the time of the meeting on Thursday.

 

Director Williams replied the meeting is at 9:00 AM, and he expected to contact Mr. Rupert on Thursday, although he may not have a definitive answer on that day.  Director Williams stated he believes that the amount of money that can be allocated to this project will need to be identified and then some survey work may need to be done to determine what the grades are going to be to see how effective an attempt would be in this area.  Director Williams explained that this week he probably would not be able to tell Mr. Rupert what the City can do, but he can let Mr. Rupert know what funds have been earmarked, and what design work will need to be done to come up with a solution that can be presented to both Mr. Rupert and to City Council members.

 

Mayor Pro Tem Smith thanked Director Williams and encouraged him to communicate with Mr. Rupert during the course of addressing this concern, and if there is nothing that can be done for Mr. Rupert, he needs to be notified of that as well.

 

Mary Abbott, 5905 North Broadway, reported that Mr. Scharhag removed the rocks on his property and placed them around his fishpond.  Mr. Scharhag also seeded and placed straw on top of the seed on his property, and cleaned up the mess.  Ms. Abbott thanked Council members for their assistance in this matter.  Ms. Abbott stated the finished parking lot at Priscilla’s has eliminated the traffic congestion in that area on North Oak Trafficway and 61st Street.  Ms. Abbott stated the northbound section from 59th Street to 64th Street of North Broadway is quite bad.  There are potholes that have been filled, and the fill has eroded, and there are new potholes. 

 

Mayor Pro Tem Smith stated when funding allows, one of the City’s next major projects needs to be North Broadway. 

 

Ms. Abbott stated the parkway from 68th Street to 70th and North Oak Trafficway has been discussed, and one of the vital entrances to the parkway will be North Broadway.  It would be quite a difference between the road conditions of a new parkway and the road conditions of North Broadway.

 

City Manager Davis pointed out there has been discussion on a bond issue for roads, pending some relief from the constant reduction of the Transportation Sales Tax that the City has seen every year.  There are City streets, North Broadway; 76th Street; old Antioch Road; and potentially the new Pleasant Valley Road alignment; that are major multi million dollar projects that would have to be funded with a bond.  City Manager Davis said that will probably be the City’s next big bond issue at some point in time.  City Manager Davis said the question is that there has to be a tool with which to retire that debt, and he is uncomfortable with a tool that is declining every year as a resource in order to meet those long-term debt obligations.  If these roads projects could be done, the City would be in good shape in terms of road reconstruction expansions on major roadways, and he would estimate this to cost in today’s dollars between $8 million to $10 million.  City Manager Davis continued by saying if the Road District were successful with the County funding issue, that would help.  City Manager Davis said he agrees with Ms. Abbott that North Broadway is an issue, and will be an issue when the potential parkway is built in 10 years. 

 

Jaimee Wheat, 6306 North Park, began by saying on May 13, 2006, it came to her attention from Animal Control that she was over the Gladstone animal limit.  Ms. Wheat said she owns three neutered and declawed cats, and three neutered dogs, which have been in her family for over five years, since she has lived in Gladstone.  Ms. Wheat said when she moved into Gladstone in 2000, she checked with the Gladstone Animal Control as to the limits of animals one could have, and she was told by an Animal Control officer that in Gladstone, there is a limit of three licensed animals.  It also came to her attention that in Gladstone the only licensed animals were canines.  Ms. Wheat said her family is devastated that they have to get rid of three of their animals.  Ms. Wheat continued by saying both she and her husband are public school teachers and believe in abiding by the law, and do not believe that ignorance of the law means that one does not have to abide by them.  They believed they understood the laws as explained by a City official.

 

Ms. Wheat stated she researched the Animal Control laws on the City’s website, and read through the first two pages, and did not find any mention on the amount of animals allowed in the City.  There are many other Ordinances listed about other animal issues, but the number of allowed animals should be a top priority on the website, so people are adequately informed as to how many pets are allowed.  Ms. Wheat said she did find the Ordinance regarding the allowed number of pets, which reads “uncaged” pet animals.  Ms. Wheat stated she has four children and one of her daughters is autistic, so not only are their pets family pets, but they are also used as pet therapy.  Ms. Wheat stated she brought information regarding this therapy for City Council members to review.  Ms. Wheat also had records of her dogs’ registrations and copies of vet bills for their pets.  Ms. Wheat asked if City Council members would consider reviewing this issue.  Ms. Wheat said she takes her pets to the Gladstone Animal Clinic, and they were not aware of the City Ordinance on the number of pets.

 

City Counselor David Ramsay stated the Ordinance is clear that there is a limit of three pets.  The Ordinance, as it is currently written, does not have hardship exceptions or special exemptions.  If the Council were interested in looking into this, possibly the use of pets for some type of therapy could fit a category of exemption.

 

Councilman Wayne Beer asked if Counselor Ramsay could investigate what is typically done in other localities. 

 

Counselor Ramsay replied he could investigate to see if there are Ordinances in other municipalities that have that type of exception.

 

Councilman Beer stated if it is found that other municipalities commonly grant exceptions per Ordinance, perhaps our City could also look at that.

 

Mayor Pro Tem Smith asked City Manager Davis what people are told by Animal Control officers when they ask that question.

 

City Manager Davis replied it is impossible for him to quote what someone might have said six or seven years ago, and not one of our current Animal Control employees was an employee then.  City Manager Davis said he would guess that what was stated and what was interpreted were all right.  Not to say Ms. Wheat misunderstood or a City employee misstated.  The confusion probably surrounded three animals being licensed and three pets, and what that means, and the unstated comment that there being six pets.  City Manager Davis stated if a citation went to Municipal Court, he is confident that court would react according to the definite language of the Ordinance.  City Manager Davis stated this issue has not come up in the last eight years, so this is new ground, and he does not know what other municipalities might have that allow for animal control type of exceptions.  City Manager asked for time for Staff to investigate Ordinances to see if there is something that addresses Ms. Wheat’s particular exception that she has asked to be reviewed, and if there is some ability to amend our Ordinance, Staff would be happy to bring forward an amended Ordinance that might provide some relief in this case. 

 

Mayor Pro Tem Smith asked why Animal Control officers came to Ms. Wheat’s house.

 

Ms. Wheat replied her neighbors had been reported for having dangerous animals in their backyard and it was found they had three dogs and a cat, and their little girl who plays with her children, said the Wheat family had three dogs and three cats.  Ms. Wheat said the number of pets allowed in Gladstone needs to be more openly addressed and in public places, such at veterinary clinics and on the website.  This should be the number one Ordinance listed, when people go to the web page to see the Animal Control laws.  Ms. Wheat said her interpretation is that it is permissible to have only three uncaged animals but someone could have a multitude of smelly rabbits in cages. 

 

City Manager Davis said this issue would be an item on the next City Council Open Study Session agenda.  If there are questions, Staff will raise those with Council members.  City Manager Davis said the City’s veterinarians used to have copies of the City’s Ordinances, if they don’t now, they will receive updated codes. 

 

Councilman Carol Rudi suggested that instead of giving veterinarians copies of the City code, they should be given a list of Animal Control laws that is very simple.

 

City Manager Davis replied Staff would do their best, as there are many pages to the Animal Control Ordinance.

 

Councilman Rudi suggested to Ms. Wheat to think in terms of not replacing any of her pets, if she should lose a pet.

 

Mayor Cross told Ms. Wheat that a member of the City staff would be getting in touch with her.

 

Item 7. on the Agenda.             COMMUNICATIONS FROM THE CITY COUNCIL.

 

Councilman Mark Revenaugh had no comments at this time.

 

Councilman Wayne Beer  had no comments at this time.

 

Councilman Carol Rudi had no comments at this time.

 

Mayor Pro Tem Les Smith stated he attended the Home Builders Association tour in Portland this past week, and although for 20 some years he has attended events, this is the best money the City has spent.  Mayor Pro Tem Smith said with the help of Sergeant King, he would like to put together a presentation with pictures and material he received for the City Council at, perhaps, the next Open Study Session.  Mayor Pro Tem Smith said there were some things he saw that he believes is being envisioned for the Gladstone Village Center, and would like the opportunity to share that information with City Council members and City staff.

 

Mayor Bill Cross asked City Manager Davis to put this item on the next City Council Open Study Session agenda.

 

Item 9. on the Agenda.             PUBLIC HEARING:  on a request for a Site Plan Revision subject to certain conditions to Mancuso Construction for expansion of the parking area on property located at 305 Northwest Englewood Court.  Applicant:  Mancuso Construction.  Owner: CPA Land Ventures, LLC.   File No. 1274

 

Mayor Bill Cross opened the Public Hearing and explained the hearing process that the applicant would make their presentation, followed by a presentation by the Staff and finally comments from those in Favor and those Opposed.

 

Applicant Presentation

 

Vic Mancuso, Mancuso Construction, stated he is requesting a Site Variance to expand the parking at 305 Northwest Englewood Court. 

 

Staff Presentation

 

Scott Wingerson, Assistant City Manager, stated this is a Site Plan revision at the corner of Englewood Court and North Broadway for the addition of 16 parking spaces to the east side of the building.  It does encroach into the required 35-foot buffer, which is why it is a site plan revision.  Mr. Wingerson asked City Council members to note the last exhibit in their packets, which is a clear description of the new parking area as well as the screening technique being used to accommodate or replace the horizontal dimension of the buffer, which is a four foot modular block retaining wall, topped by a six foot shadow box fence.  Mr. Wingerson said he believes the applicant has done a good job in compensating for the 35 feet, reducing it to 10 feet and adding much needed parking.  The Planning Commission has unanimously recommended 12-0 approval of the project.

 

Councilman Rudi inquired into the percentage of the building that is occupied.

 

Mr. Mancuso replied the building is 50 percent occupied.

 

There was no one to speak in Favor or Opposition to the Application.

 

Mayor Bill Cross closed the Public Hearing.

 

Item 9a. on the Agenda.           FIRST READING BILL 06-15, approving a Site Plan Revision at 305 Northwest Englewood Court.  Applicant:  Mancuso Construction.  Owner: CPA Land Ventures, LLC.   File No. 1274

 

Mayor Pro Tem Les Smith moved to place Bill 06-15 on First Reading.  Councilman Wayne Beer seconded. 

 

Councilman Rudi stated she visited this site today and noticed there were 11 cars parked on the street, and most of the existing parking lot was filled, which is why she asked the question regarding occupancy.  Councilman Rudi said the business definitely needs this additional parking, they have a good agreement with their neighbors, and she feels this is a good idea.

 

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

 

Mayor Pro Tem Les Smith moved to accept the First Reading of Bill 06-15, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Wayne Beer seconded.  The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross.  (5-0).  The Clerk read the Bill.

 

Mayor Pro Tem Les Smith moved to accept the Second and Final Reading of Bill 06-15 and enact the Bill as Ordinance 3.994.  Councilman Wayne Beer seconded.

 

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

 

Item 10. on the Agenda.           PUBLIC HEARING:  on a request for a Site Plan Revision subject to certain conditions to Van Chevrolet Cadillac, Incorporated for operation of Van Chevrolet Cadillac, Incorporated on property located at 100 NW Vivion Road.  Applicant/Owner:  Van Chevrolet Cadillac, Incorporated.  File No. 1272

 

Mayor Cross opened the Public Hearing and explained the process would be the same with this Public Hearing as explained with the previous Public Hearing.

 

Applicant Presentation

 

James Marshall, JRMA Architects, Parkville, Missouri, began by saying he is an architect with JRMA Architects, and was present at this meeting to present the plans for Van Chevrolet improvements.  This project is partially in Kansas City, Missouri and partially in Gladstone.  His company has filed with the Planning Commissions in both cities, and the plans before City Council this evening have been approved by both cities.  Mr. Marshall stated that in the Kansas City area, Van Chevrolet has purchased the outer road that runs east and west across the front of the property.  This road intersects Old Pike Road at the stop light intersection, and Van Chevrolet will be closing the access point to the outer road.  The parking in Kansas City will be pushed closer to Vivion Road.  The Kansas City Planning Commission has approved this and has recommended approval by their City Council.  Mr. Marshall reported that in the Gladstone portion of the improvements there is included improvements to the parking area and there are three proposed building additions.  On the north side of the large dealership building, there is a proposed expansion of the automobile service area.  To the right of that area and to the east of an existing building, there is a proposed building addition for truck service.  Mr. Marshall pointed out on the plans a T-shaped building that has a proposed addition to the north side that would be a car wash and detailing center to be used by the dealership only.  Mr. Marshall continued by saying it is proposed to improve the customer parking in front of the dealership and providing better access through the dealership.  Mr. Marshall stated the business has been before the Missouri Department of Transportation to ask for a right hand turning lane coming into the dealership off of Vivion Road from the east.  The Missouri Department of Transportation has look favorably upon this request, and he has a meeting with them tomorrow.  Mr. Marshall said all of the traffic studies the Missouri Department of Transportation has requested, and this improvement would take some of the traffic off of Old Pike Road coming into the dealership. 

 

Mr. Marshall reported that he made a presentation to the Planning Commission last week, and Mr. And Mrs. Nelson expressed concern about the changes that had taken place around their residence in the past years with The Home Depot, the Chrysler dealership, the gas station, and the Steak N’ Shake, with the light coming onto their property.  Mr. Marshall said he met with them following the Planning Commission meeting and told them his company would look at their lighting situation at the dealership and if there was anything they could do to improve the environment at their home, they would do that.  Mr. Marshall introduced Brent Talley, who is with the corporation who manages Van Chevrolet Cadillac, Incorporated.  Both he and Mr. Talley visited the dealership after the Planning Commission Public Hearing and looked at the northeast corner of the lot.  There are a tremendous lot of woods between the Nelson’s home and the dealership.  Mr. Marshall stated they saw one light fixture twisted the direction of the Nelson home, and it has been discussed to adjust that fixture so the light is more on the parking lot.  The woods are very dense and the dealership is about 300 feet from the Nelson’s home, and the dealership is about 50 feet higher in elevation than their home.  Mr. Marshall said he is working with Mr. and Mrs. Nelson and will strive to work with them if the dealership is creating any problems. 

 

Mr. Marshall continued by saying the business is improving the appearance of the exterior of the main dealership building and on the T-shape building where the drive-through car wash is proposed, and interior work will be done to bring the dealership up to the new 2007 Chevrolet standards.  The work on this dealership will be a prototype for all the other dealerships in the nation in regard to the 2007 image.  Mr. Marshall stated the dealership looks forward to moving forward with this and asks for City Council’s approval.

 

Faith Nelson, stated she was not speaking in opposition to this application, but for clarification at the Planning Commission meeting, she and her husband were raising concerns about additional lighting if there is more building.  There is a good buffer until fall, and then there is more light from the car dealership.  Ms. Nelson said her husband and she were concerned about the lighting and additional storm water run-off, which Assistant City Manager Wingerson has told them will not happen.  Another concern was pollutants that might come off the car wash, and they have been assured that State regulations will be followed in this regard.  Ms. Nelson said she and her husband were not finding fault with the lighting as it is now, but were concerned about additional lighting.

 

Staff Presentation

 

Assistant City Manager Scott Wingerson began by saying that Mr. Marshall did a good job explaining the request.  Regarding the storm water issue, all of the areas for building expansion are currently paved, so the net run-off effect is negligible.  There will not be additional run-off at this site, which is consistent with what was discussed at the Planning Commission meeting.  All of the new service areas and some of the existing service areas will the appropriate filtering systems as required by the various construction codes and State law which addresses the pollutants.  Mr. Wingerson stated that Staff recommends three conditions having to do with the location of fire protection and plan production moving forward.  The Planning Commission requested two additional conditions noted in the draft Ordinance.  Condition Number 4 requires that lighting shall be designed and installed to reduce the impact on adjoining residential property, and Condition Number 5 states additional landscaping in the northeast corner of the project shall be designed and submitted to the City Council for consideration.

 

Councilman Beer asked, in regard to the light spillage, although it may be intended for there to be no light spillage on the adjacent property, in the fall and winter the buffering will become greatly reduced.  Often times lights are put on a building with the idea that they be directed down, but still there is a great deal of light spillage.  Perhaps the lights could be placed at the edge of the property and directing them down and towards the building, so the lights do not spill as severely. 

 

Mr. Marshall stated this was addressed last week, and he walked the site, and all the lighting is around the perimeter in that particular area, where the lighting is focused downward.  It was agreed last week to not put lights on the building addition that shine outward.  His company wants to have a good reputation with the neighborhood, and they respect the neighbors.  There is some lighting that will be added to the south end of the dealership mainly in the new parking lot area that will be expanded toward Vivion Road, and a little in front of the business, near the customer service area.  Mr. Marshall reported they are working with LSI Lighting, who manufactures lighting systems for car dealerships, and Kansas City, Missouri requires the dealership to have a zero foot-candle at the property line.  There will be no new lighting to the back of the dealership where the additions are proposed. 

 

Mayor Pro Tem Smith inquired into the Planning Commission’s concern, which led to the condition regarding the landscaping.

 

Mr. Wingerson replied it had to do with the northeast corner of the property, and he felt in drafting this condition, which was read to the Planning Commission, that would be a building permit issue and really relates to filling in any bare spots as Staff does the permit review in the northeast corner. 

 

Mayor Pro Tem Smith encouraged Mr. Wingerson to look at any way possible to soften the east side of the developed property at this site. 

 

Councilman Rudi suggested planning evergreens that would grow fairly large on the northeast area to assist in screening the Nelson’s home.

 

Mr. Wingerson agreed and stated when all the building documents are submitted, Staff would see what the impact will be in that area, and target additional landscaping if and where necessary.

 

There were no further comments from those in Favor or Opposed to this application.

 

Mayor Cross closed the Public Hearing.

 

Item 10a. on the Agenda.         FIRST READING BILL 06-16, approving a Site Plan Revision for property at 100 Northwest Vivion Road.  Applicant/Owner:  Van Chevrolet Cadillac, Incorporated.  File No. 1272

 

Councilman Wayne Beer moved to place Bill 06-16 on First Reading.  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross.  (5-0).  The Clerk read the Bill.

 

Councilman Wayne Beer moved to accept the First Reading of Bill 06-16, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross.  (5-0).  The Clerk read the Bill.

 

Councilman Wayne Beer moved to accept the Second and Final Reading of Bill 06-16 and enact the Bill as Ordinance 3.995.  Councilman Carol Rudi seconded.

 

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

 

Item 11. on the Agenda.           PUBLIC HEARING on the proposed 2006-2007 Annual Operating Budget for the City of Gladstone, Missouri.

 

Mayor Cross opened the Public Hearing and explained the process would be the same as the last two Public Hearings.

 

City Manager Davis thanked the Council for the opportunity to present the Fiscal Year 2007 proposed Operating Budget for the City of Gladstone, Missouri.  Mr. Davis said this document has been the result of a comprehensive team effort from every level of the organization, with two Study Sessions with the City Council.  The Fiscal Year 2007 Budget is conservative, yet fiscally responsible, representing a commitment to the citizens of Gladstone, as well as to the employees who provide those services.

 

City Manager Davis reported that while the budget for the General Fund is balanced with $14,015,821 in expected revenue and expenditures totaling $14,015,747, we must continue to be vigilant and aggressive in the economic development efforts that are underway.  The future viability of our community is dependent upon these efforts and the services provided by these businesses.  City Manager Davis stated we continue to be challenged by growth outside of our community.  We continue to face revenue challenges from the telecommunications industry.  We continue to see aging commercial structures on our commercial corridors.  We continue to see neighborhoods age.  We must encourage reinvestment in our community through economic development efforts, and some of the initiatives that are underway.

 

City Manager Davis stated the Enterprise Funds are also projected to show a positive balance.  Revenues in the water fund are projected to be $7,105,109 and expenses $7,038.980.

 

City Manager Davis said the City has utilized a couple of initiatives in the past two years to serve as a primary foundation for decision making and Staff recommendations to the City Council.  Those two issues are Council objectives and the Gladstone on the Move objectives.  There is a continued focus towards meeting and implementing the objectives raised by the Council and Gladstone on the Move.

 

City Manager Davis continued by saying this budget also focuses on the City’s employees.  Personnel related expenditures comprise approximately 77 percent of our budget, and are the largest expenditure citywide.  This budget proposes a 2 percent merit pay increase, implementation of the pay and compensation study that was completed this spring in the amount of $276,000 in the General Fund, and an increase in the LAGERS (Missouri Local Government Employees Retirement System) program to the L6 level, which is primarily funded by employee contributions.  These benefit improvements are coupled with moderate increases in insurance and health care costs and enhanced health care options.  The General Fund budget does not recommend additional staffing, and represents a funding level for 170 full time employees.  The budget does allow for one additional Water Plant operator in the Water Fund, and a Community Center Director in the Community Center/Municipal Pool Fund.

 

City Manager Davis reported that the capital and supplemental items in both the General Fund and the Combined Water and Sewerage System Fund is a little meager this year.  It is proposed to fund in Public Safety two patrol cars, a gas detector, and two motorcycles.  In the Parks and Recreation Department, it is proposed to fund a new cargo van, a one-ton pick-up, goals and fencing for Happy Rock Park.  An Ambulance Reserve Fund has been established in the amount of $30,000 to help begin the process of funding the next new ambulance, which should be purchased in approximately four years.  In the Combined Water and Sewerage System Fund, it is proposed a backhoe, a crew cab, security fencing at the Antioch water tower, valve replacement for a high service pump at the Water Plant, and funds to rebuild a service pump at the Water Plant.

 

City Manager Davis stated the proposed five-year Capital Improvement budget funds approximately $18 million in projects.  Highlighting the proposed Fiscal Year 2007 Capital Improvements Budget are the Street Maintenance Budget of $750,000.  Funds in the amount of $150,000 are budgeted for the Kendallwood and Northeast Antioch Road project; and $250,000 is budgeted for the design and to begin acquisition for the new Pleasant Valley Road alignment.  Approximately $250,000 will be spent on the sidewalk program.  The stormwater program includes $700,000 for 67th and Indiana and $800,000 for the Rock Creek Phase 2 project.  Park projects include an additional $80,000 enhancement to Happy Rock Park, and $75,000 for the reconstruction of the new Central Park playground.

 

City Manager Davis reported the Combined Water and Sewerage System budget proposes a $.25 rate increase, effective October 1, 2006.  Of the rate increase, $.20 will be dedicated to major capital projects and infrastructure study updates.  The most pressing capital project is the repair and re-stabilization of the water transmission main near 50th and North Central.  The estimated cost of the project is $175,000.  Five cents of the rate increase will fund a reserve or sinking fund for major improvements at the Water Treatment Plant.  Each year unbudgeted repairs arise and become priority expenditures which compromises the fund budget approved by the Council.  Approximately $700,000 in small water lines are scheduled for replacement this fiscal year. 

 

City Manager Davis stated that effective July 1, 2006, the City will begin collecting a ¼ cent sales tax that will be dedicated to the Community Center/Municipal Pool Fund, which will be an Enterprise Fund in itself.  This budget funds the Community Center Director position and will begin funding the Community Center operations and debt.  No expenditures are currently budgeted in that fund, although the revenue will begin to be collected on July 1.  Expenditures will be addressed at the mid-year budget when there is a better idea as to when the project will begin and what expenditures to expect that can be funded by the sales tax.

 

In summary, City Manager Davis thanked City staff, including Finance Director Debra Daily; Financial Analyst Beth Saluzzi; Public Works Director Chuck Williams, who was the Director on the Budget Team this year; Assistant City Manager Scott Wingerson; all of whom worked very hard on this year’s budget.  It was a difficult budget to put together.  It is hopeful the City will see some economic development projects begin and there are some new businesses in our City, with the centers at 64th and North Prospect and 57th and Northeast Antioch Road.  City Manager Davis said the City looks forward to the downtown project beginning, as well as the Gladstone Plaza project.  City Manager Davis said Staff did a good job, particularly Finance Director Debra Daily, who provided help and assistance and helped him through the process, which he very much appreciates.  City Manager Davis thanked City Council members for their time as they reviewed the budget through two Study Sessions and all the input they provided during the budget process.  Approval of the budget will be an item on the next City Council agenda.

 

There were no questions from City Council members at this time.

 

There was no communications from the audience.

 

Mayor Bill Cross closed the Public Hearing.

 

Item 12. on the Agenda.           OTHER BUSINESS.

 

Councilman Carol Rudi stated during the Planning Commission process on the parking lot expansion at 305 Northwest Englewood Road, one of the issues was whether or not the Credit Union was creating the parking issues in that area.  Councilman Rudi said when she visited the area, there were 11 cars, and when a Planning Commission member visited the area, there were 11 cars.  Councilman Rudi stated she thought perhaps the Credit Union employees were parking on the street in order to save the parking spaces for customers, and if that is so, could the City ask them not to do that.

 

Assistant City Manager Wingerson replied he does not believe the cars belong to Credit Union employees.  City staff did speak with representatives from the Credit Union, and they indicated their employees were asked to park as far east in the Mazuma lot as possible, freeing up the middle section of the parking lot close to the bank for customers.  Mr. Wingerson indicated Staff will investigate this further. 

 

Mayor Pro Tem Smith pointed out that the City may ask that people not park on the street, but unless it is made illegal to do so, cars may not be prohibited from parking on the street.  Mayor Pro Tem Smith stated some time ago when he had an ownership interest in the parcel where the building is now located, the Credit Union did approach him about buying his property because they wanted to use the entire site for a parking lot, because they did not have enough parking.

 

Councilman Beer asked if the existing parking at Mazuma Credit Union is in compliance with Code requirements.

 

Assistant City Manager Wingerson replied it is slightly higher than required by Code, so is in compliance.

 

Item 13. on the Agenda.           QUESTIONS FROM THE NEWS MEDIA.

 

There were no questions from the News Media.

 

Item 14. on the Agenda.           ADJOURNMENT

 

There being no further business to come before the May 22, 2006, Gladstone Regular City Council Meeting, Mayor Bill Cross adjourned the meeting. 

 

Councilman Wayne Beer made a motion to adjourn to Closed Executive Session pursuant to the Missouri Open Meeting Act exemptions 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 Les Smith seconded the motion.

 

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

 

 

 

Respectfully submitted:

 

 

___________________________

Cathy Swenson, City Clerk

                                                                                       Approved as submitted:  ___

 

                                                                                Approved as corrected/amended: ___

 

 

 

                                                                                ______________________________

                                                                                              Mayor Bill Cross