CITY COUNCIL MEETING
MONDAY AUGUST 14, 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
City Clerk Cathy Swenson
Mayor Bill Cross opened the Regular August 14, 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 JULY 24, 2006, CITY COUNCIL MEETING MINUTES.
Councilman Wayne Beer stated he would like to make a slight modification to the Minutes, on Page 3, where he made a comment about how much City Council members like to see Helene Miller of the Department of Conservation attend the City Council meetings, because she is such a positive person and she brings money with her. Councilman Beer said he would like the record to show that the comments he made were “tongue in cheek”, and not only that, but that his comments went further, in a “tongue in cheek” manner, to suggest that Representative Nolte make note of the fact that Ms. Miller brings money.
Councilman Wayne Beer moved to approve the Regular July 24, 2006, City Council Meeting Minutes as amended. Councilman Mark Revenaugh 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).
Item 4a. on the Agenda. PROCLAMATION: designating September 17-23,
2006, as “CONSTITUTION WEEK” in
Mayor Pro Tem Les Smith read and presented the proclamation to Freddie Nichols, Regent of the William Boydston Chapter of the Daughters of the American Revolution.
Ms. Nichols thanked Mayor Pro Tem Smith, Mayor Cross and
the City Council members, and said having returned from
Mayor Pro Tem Smith said he wished everyone would visit
Mayor Cross thanked Mayor Pro Tem Smith and Ms. Nichols.
Councilman Wayne Beer stated as everyone knows from their history classes years ago, and from what was learned tonight as part of this proclamation, the Constitution was signed in the month of September of 1787. It was not adopted by the states until 1789. It was not an easy process getting the Constitution finally accepted by the majority of the states, but that was only a portion of the difficulties that occurred with regards to the Constitution and the continuation of the Constitution. Councilman Beer said he would like to mention a few things that have occurred with regards to timelines, and asked for the audience’s indulgence, because his numbers will not be sequential.
Councilman Beer shared the following information:
The United States Air Force was formed in September 1947.
The United States Marine Corps celebrates its 232nd birthday in November of this year.
The United States Navy celebrates its 237th birthday in October of this year.
The United States Army celebrated its 232nd anniversary in June of this year.
Councilman Beer explained for those who might not know
about the Gold Star Mothers, that this is a group of mothers who have lost a
child in combat in defense of the
The United States Coast Guard formed this month in 1790.
The United States Army Reserve is 100 years old next year.
The Army National Guard will be 370 years old in December of this year.
The Civil War ended 140 years ago this month.
Councilman Beer stated a lot of things have happened in our country’s history in support of this Constitution. There has been a lot suffering and a lot of sacrifices made in defense of our Constitution. Mayor Beer thanked everyone for their indulgence and their time.
Mayor Cross thanked Councilman Beer for providing this in-depth information of important historical events in our American history.
Item 5. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Councilman Wayne Beer moved to accept the Consent Agenda as presented. 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).
Councilman Wayne Beer moved to adopt RESOLUTION
R-06-48, authorizing the City Manager to accept a Bill of Sale from
Aly-Beck, LLC. and A&E Builders, Incorporated, conveying to the City one
water line and one fire hydrant built in conjunction with construction of the
Councilman Wayne Beer moved to approve a NEW CLASS “A” LIQUOR BY THE DRINK LICENSE, for WRM, ENTERPRISES, INC., dba SCOTTIES, 316 NE 72nd Street. Managing Officer: James R. Gibson, Jr. 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).
Councilman Wayne Beer moved to approve the ANNUAL
LIQUOR LICENSE RENEWAL for Tortilla Flats,
Councilman Wayne Beer moved to approve the FINANCIAL REPORTS FOR JUNE 2006. 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).
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
There were no communications from the audience.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Carol Rudi asked Parks and Recreation Director Sheila Lillis to provide an update of activities in Oak Grove Park.
Parks and Recreation Director Lillis said the next performance in Oak Grove Park will be a movie, “Field of Dreams”, and will be shown Friday night at 9:00 PM. Director Lillis said she understood there was a large group of Gladstone Emergency Management Agency (GEMA) folks who will be attending this event. The Theatre in the Park production of “Anything Goes” was performed August 4, 5, and 6, and there was a nice crowd, with an attendance of a little over 4,000 people. The performance was very well done, and the set compared to no other past performance set – it was huge and beautiful. Director Lillis said the “striking of the set” (the removal of the set) is complete, and the performances have finished, and the only other event this year is the Halloween party with the Northland Optimists and the Gladstone Area Chamber of Commerce, which will be held October 27th. Director Lillis said the Relay for Life was held this past Friday night at Oak Grove Park, and there was about one-half of the crowd that is typically there. Director Lillis said Doctor Cross was there as a spokesperson and represented the City.
Mayor Cross stated that Larry Moore was at the Relay for Life event, where he talked about his survival of cancer, and walked with the group. The company and food was good, and it was amazing how many people had t-shirts on indicating they were cancer survivors. Many of them were retired teachers.
Councilman Wayne Beer stated he and City Manager Kirk Davis had a rather involved conversation about City purchases, and he would like to see with City purchases of vehicles in the future, that the City give serious consideration to the purchase of hybrid vehicles and/or electric vehicles, depending upon the need for the vehicle. Given that the gas prices are changing as they are, and given the increased awareness of environmental responsibility becoming more prevalent, now is probably the time for the City to give serious consideration to the purchase of hybrid and/or electric vehicles. Councilman Beer said as an example, Public Works Director Chuck Williams just purchased a vehicle himself, that is a hybrid, and he believes that if anyone would talk with Mr. Williams, he could really talk up the hybrid’s benefits pretty highly.
Councilman Beer said he and Councilman Rudi looked at hybrid vehicles at a conference City Council members attended that he felt were ugly, but nevertheless, the purchase price was reasonable. Councilman Beer said he believes the price was approximately $15,000. The vehicles were small, and were being marketed to people, organizations, or cities whose main area of transportation is within the cities – reasonably close and short-range vehicles. Councilman Beer said he believed the range of these vehicles may have been 40 miles on a charge, and 40 miles would probably take care of most of the vehicles needed in this City for strictly general transportation in the city use, but not Public Safety use. Councilman Beer said, however, he does believe the hybrid vehicle for a city such as Gladstone certainly could be a viable form of transportation for Public Safety. Councilman Beer said we may find very little real need for the requirement of high-speed chases now, as we do not have open roads to deal with, nor open spaces we once had several years ago, and also due to the use of radios and the fact that Kansas City, who neighbors us on all sides of our City, can provide mutual aid calls for us. A hybrid vehicle could very well satisfy the needs for our Police Department as well. Councilman Beer said he realizes there is a premium for a hybrid vehicle at this time, but given the fuel costs that are going up, purchasing the right vehicle, such as a Toyota may be advisable. Councilman Beer continued by saying he believes there are Ford hybrid vehicles that are also of a good economic operating base, and Ford, being a local manufacturer, could probably make good sense as well, especially for a City purchase. Councilman Beer said he believes that given all the conditions that are coming to the fore, and all the efficiencies, this is probably the right thing to do, and at the right time to be doing it.
Councilman Mark Revenaugh had no comments at this time.
Mayor Pro Tem Les Smith had no comments at this time.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis reported the municipal pool closes this weekend. There will be some exciting improvements happening at the pool, and Staff is pleased to be moving in that direction. City Manager Davis stated the Theatre in the Park Golf Tournament is August 30th, and invited everyone to participate in this event.
Item 9. on the Agenda. FIRST READING BILL 06-24, amending Ordinance Number 3.947 by adding one new chapter concerning “Detached Accessory Structures” to the “Building and Construction Ordinance” of the City of Gladstone, Missouri.
Mayor Pro Tem Les Smith moved to place Bill 06-24 on First 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 First Reading of Bill 06-24, Waive the Rule and place the Bill on Second and Final Reading. Councilman Wayne Beer seconded.
Mayor Pro Tem Smith drew Council’s attention to the attachment to the Bill, entitled “Chapter 2300 Detached Accessory Structures”, Page 2300-5, Section “A”, Numbers 6 and 7, where it says the detached accessory structures shall: “be no closer to the primary structure than 10 feet”; and “be no closer to adjoining properties primary structure than 20 feet”. Mayor Pro Tem Smith asked City Council members if this seemed close to a primary structure, and especially to an adjoining property.
Councilman Wayne Beer replied that perhaps being no closer to the primary structure than 10 feet might be a bit close. The 20 feet to adjoining properties is in fact two feet further than the City’s side yard setback requirement. Councilman Beer said he did not have a problem with the 20 feet distance, but the 10 feet distance could be a little close.
Mayor Pro Tem Smith asked Assistant City Manager Scott Wingerson if there had been discussion with the Planning Commission regarding the 10-foot distance.
Assistant City Manager Wingerson replied there has not been any discussion with the Planning Commission, as he does not believe they raised this point, and believes the 10 feet requirement between buildings is a standard of the Building Code, and applied across the country. It is really a fire provision between two exterior walls, so any expanded distance of that would be Council policy outside of the Building Code.
Mayor Pro Tem Smith stated the distance from him to Councilman Rudi sitting at the Council dais is approximately 10 feet, and he is thinking aesthetically for people who have a view of the building from other yards might not like that. Mayor Pro Tem Smith said it is just a thought on his part.
Councilman Carol Rudi said her concern with changing the distance is that the City does have some very small homes and lots, specifically in Bolling Heights, and if this is changed, she does not want to take a chance that they could not put a detached building on their lot.
Councilman Beer said, to expand on that thought a bit, the rear yard setbacks could be such that it would preclude the construction of anything, if the 10-foot spacing were changed.
Councilman Rudi said this is a question she asked Mr. Napoli earlier, as to whether or not any of these recommendations would cause a problem for some of those places.
Mayor Pro Tem Smith said he was good with that; he just wanted to raise the issue as it seemed a little close.
Building Official Alan Napoli stated Assistant City Manager Wingerson is correct. The 10-foot distance has been in the City’s Ordinance for approximately 20 years, and is the closest the City allows, due to fire prevention and so forth. It could be further away, but Staff would not want it any closer. Typically, one does not see a building this close to structures, but from time to time they are.
Mayor Pro Tem Smith referred to the same page of the document being discussed; Section C, Number 1, “the maximum square footage shall not exceed 10% of the primary structure”. Mayor Pro Tem Smith inquired into the definition of the square footage of primary structure – is that above ground?
Mr. Napoli replied typically that would be the finished square footage of the house - if there were two stories to the house, one would figure the square footage of both stories.
Mayor Pro Tem Smith asked if this is above ground, or could someone make the argument for a 1,500 square foot finished basement counting as part of the square footage. That could lend to some fairly big structures.
Mr. Napoli suggested it could be proposed to include that the maximum square footage should not exceed 10 percent of the primary structure above ground.
Mayor Pro Tem Smith said that is his intent. Mayor Pro Tem Smith continued by pointing out Number 4 in the same section, “exterior materials, colors and roof pitch must match the primary structure or be closely similar thereto”. Mayor Pro Tem Smith said he feels this should read “in perpetuity”. In other words if one builds a shed today, and their house is red and the shed is red, and the next day the house is painted green, the shed needs to be painted green. The intent is to keep the colors matched forever.
Mr. Napoli said in some cases, some of the metal structures cannot be painted, but the color of house may vary down the road. As a general point, Staff had to come up with something, so that in some of those situations where there is a set color to the material, such as a metal shed, it would give some leeway.
Mayor Pro Tem Smith inquired how to define in those structures that have wood siding, the requirement that they have a match to the primary structure 5 or 10 years from now, which is the intent. This is not much different from when the City requires a commercial applicant to build a fence, we say it must be maintained in perpetuity.
Assistant City Manager Wingerson suggested adding “and will be compatible in perpetuity”.
Mayor Pro Tem Smith agreed that would be acceptable.
Councilman Beer stated there is a section that deals with the fact that the owner or proposed owner must provide to Community Development shop drawings, so at the beginning of the process, the owner must show some form of compatibility.
Mr. Napoli agreed and said the owner would need to provide product data and specification sheets and pictures.
Mayor Pro Tem Smith suggested the City has been working on this for years, and it would be advisable to address these issues as best as possible for the years to come.
Mayor Pro Tem Les Smith moved to amend Bill No. 06-24 to reflect the items discussed, which is defining the square footage of the primary structure to be above ground square footage, and for the compatibility to the primary structure to remain so in perpetuity. 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 amended Bill 06-24 and enact the Bill as Ordinance 4.003. 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. FIRST READING BILL 06-25, authorizing the City of Gladstone, Missouri, to enter into a First Amendment to Base Lease with First Bank of Missouri, as Trustee, a First Amendment to Lease with said Trustee, and approving a First Amendment to Declaration of Trust by said Trustee, all in connection with Certificates of Participation, Series 2002.
Councilman Carol Rudi moved to place Bill 06-25 on First Reading. Councilman Mark Revenaugh 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 Carol Rudi moved to accept the First Reading of Bill 06-25, Waive the Rule and place the Bill on Second and Final Reading. Councilman Mark Revenaugh seconded. The vote: 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 Carol Rudi moved to accept the Second and Final Reading of Bill 06-25 and enact the Bill as Ordinance 4.004. Councilman Mark Revenaugh 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. OTHER BUSINESS.
There was no other business.
Item 12. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 13. on the Agenda. ADJOURNMENT
There being no further business to come before the August 14, 2006, Gladstone Regular City Council Meeting, Mayor Bill Cross adjourned the regular meeting.
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Bill Cross