MINUTES
CITY COUNCIL MEETING
REGULAR MEETING
MONDAY SEPTEMBER 11, 2006
PRESENT: Mayor
Bill Cross
Mayor Pro Tem Les Smith
Councilman Carol Rudi
Councilman
Wayne Beer
Councilman
Mark Revenaugh
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: City Manager Kirk Davis
Mayor Bill Cross opened the Regular September 11,
2006, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Robert Box, Commander of the Third District of the
American Legion Department of Missouri and Post Finance Officer of the American
Legion Bennett and Dennis Herrick Memorial Post 626, led the Pledge of
Allegiance, in which all joined.
Mayor Cross thanked Mr. Box and said it is an honor
for the City to have someone with so much experience and history of service to
his county to lead the Pledge of Allegiance at this meeting.
Item 4. on the Agenda. APPROVAL OF THE REGULAR AUGUST 28, 2006, CITY COUNCIL
MEETING MINUTES.
Councilman Wayne Beer moved to approve the Regular August 28, 2006, City Council Meeting Minutes as presented. 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 5. on the Agenda. APPROVAL OF THE AMENDED AGENDA.
Councilman Wayne Beer moved to approve the Amended Agenda, which includes the addition of Resolution R-06-55. 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. CONSENT AGENDA
Councilman Wayne Beer moved to approve 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-06-51, authorizing acceptance of work under contract with Miller Paving & Construction, Limited Liability Company, for the 2006 Curb & Sidewalk Program – North Bales Sidewalk; and authorizing final payment in the amount of $2,762.24 for project TP0604-055011. 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-06-52, authorizing acceptance of work under contract with Superior Electrical Construction Company, Incorporated, for the Well Pump Electrical Replacement; and authorizing final payment in the amount of $5,167.89 for Project 044093. 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-06-53, authorizing execution of a contract with American Marking and Paving Company, Incorporated, in the total amount not to exceed $85,952.00 for the Municipal Pool North Parking Lot; Project IN0614. 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 a BUILDING PERMIT for the demolition of the existing showroom and the out building on property located at 5900 North Oak Trafficway; the reconstruction of a new showroom; re-grading and paving of the existing parking lot; and remodeling of the interior and exterior portion of an additional building that is not being demolished. Applicant: Bob DeGeorge Associates, Inc. Owner: K. L. Lefever (Building Permit 06-10000724). 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 a NEW CLASS “C&H” LIQUOR LICENSE for ARCHA, LLC dba GLADSTONE MART & LIQUOR, 7020 North Oak Trafficway. Managing Officer: Stephanie Gail Hazelton. 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 FINANCIAL REPORTS FOR JULY 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).
REGULAR AGENDA
Item 7. on the Agenda. COMMUNICATIONS FROM THE
AUDIENCE.
Robert Box, 2002 NE 52nd Terrace, stated it has been his
privilege and the privilege of American Legion Post 626 to be part of the
Mr. Box also presented a Certificate of Appreciation
to Councilman Beer, which read, “This Certificate of Appreciation is
gratefully presented to Wayne E. Beer in recognition and sincere
appreciation of outstanding service which contributed to the advancement of The
American Legion programs and activities dedicated to God and Country”. The Certificate was presented on behalf
of The American Legion Bennett and Dennis Herrick Memorial Post 626.
Following applause from the audience, Councilman
Wayne Beer said this presentation caught him by surprise. Councilman Beer said the Commander’s Appreciation
Award in recognition of service is something that anybody who does any type of
community service would most certainly appreciate. Councilman Beer said that most of his adult
life has been devoted to some type of service, either through serving until retirement
in the United States Army, or serving as a City Councilman, as a member of the
Planning Commission, and as an educator.
Councilman Beer said it is most gratifying to have someone say “thanks”. Councilman Beer thanked Mr. Box for the
presentations.
John Garner, 111 Heatherton Court, stated there are still some
issues in his area that need to be addressed.
The grass has been mowed, some hay bales have been removed, but there is
a problem with bees under some of the hay bales. The lawn service cannot remove the hay bales
because of the bees. The fence still has
not been fixed and the cul-de-sac still has gravel and mud in it. Mr. Garner said he has discussed his concerns
with Building Official Alan Napoli about six weeks ago, and he is sure phone
calls have been made. Mr. Garner said
someone is not checking to be sure this work is being done, and the area
residents would like to see the work done.
Mr. Garner said he does not believe just another phone call will help,
and he does not know what else to do.
Assistant City Manager Scott Wingerson stated the
grass has been mowed, and after it was mowed, in his opinion, all of Heatherton
Court looked as good as it has in a very long time. Most of the hay bales have been picked up,
but there are a few that need to be removed.
Mr. Wingerson said it is his understanding that some of the erosion
control has been put back in place, but he has not seen that, so cannot confirm
that for certain. The City has been
considering hiring a consulting Geo Technical Engineer to determine if there is
a public safety hazard in regard to the fence.
If the City moves forward with that, and a report comes back that there
is a public safety hazard, then the City would have another host of options
available to pursue with the property owner.
Mr. Wingerson said he believes the City has done a fairly good job in
the areas that have been defined as the City’s responsibility. The City staff will continue to pursue this
matter, and if it is necessary to hire a consultant to help make an objective
review of the parking lot at the apartment complex near
Mayor Pro Tem Les Smith said, as he understands this
issue, there is an agreement between the developer/bank and the apartment
complex owners, because it is a kind of “chicken and egg” discussion. This issue may need to go to litigation. This doesn’t fix the problem and there may be
a safety issue if someone goes over the embankment from up above, they may end up
in someone’s back yard. Mayor Pro Tem
Smith said perhaps the City should pursue that angle. Mayor Pro Smith inquired into the hay bale
problem.
Mr. Garner said bees have built some nests under
four or five of the hay bales. The same
lawn service has been hired to remove the bales that mows the rest of the
property. A man was stung last week
trying to remove the bales. Mr. Garner
said they need to get something to kill the bees. Mr. Garner said he and his wife noticed last
week that in the parking lot on the hill, a car did get its rear wheels off of
the parking lot, and ten men from the lot above came out, and after 15 or 20
minutes were able to lift the car back up into the parking lot. The car came very close to coming on down the
hill, where it could have hit a house.
Mayor Pro Tem Smith suggested City staff could
mandate at least a temporary solution so this is not a public hazard. Mayor Pro Tem Smith said the bees do not
absolve the owner from removing the hay bales, so they need to go the next
step.
Mr. Garner asked when work would be done on North
Oak Trafficway – it is so rough.
Mr. Wingerson replied that is a City of
Councilman Beer said the plates on North Oak
Trafficway and the work being done on North Oak Trafficway is not being done by
the City of
Mr. Wingerson replied that was correct, the plates
in the street were not the work of the City of
Mr. Garner asked if North Oak Trafficway will be
repaved, once the work is complete.
Mr. Wingerson replied the current plan is to install
a City of
Mayor Pro Tem Smith stated our City is trying to
encourage the completion of all of the work, before doing an overlay on North
Oak Trafficway. It seems that
underground work most often needs to happen after the street has been paved, so
we are trying to stay ahead of that.
Mr. Garner said he understood and offered his thanks
for the information.
Harold Stanley, 6014 North Garfield, stated he wished to make
inquiry into the discussion regarding Pit Bulls in
Mayor Pro Tem Smith said that
Mr. Stanley said he and his wife live next door to a
Pit Bull, and last winter when he went outside to pick up the morning paper in
the dark, the dog came after him. About
a month later, the dog came after the mailman as he delivered the mail to Mr.
Stanley’s mailbox. Mr. Stanley said he
was hoping for some action before something happens in our City like what
happened in
Mayor Pro Tem Smith said City Council members share
that concern, but they want to be certain they handle the safety issues in the
appropriate manner to solve all the problems.
There are many interests on both sides of this issue. Mayor Pro Tem Smith asked Mr. Stanley if the
Gladstone Public Safety Department is aware of his problem.
Mr. Stanley replied that Animal Control is aware of
his concern. Mr. Stanley said he has
lived in Gladstone for 43 years, and always felt secure and safe, knowing we
had a good City, but whenever he goes out to get the paper before daylight,
there is a fear for him to be sure the Pit Bull is not outside. Sometimes the dog is loose in the front of
the house.
Councilman Mark Revenaugh suggested that perhaps
this is something that Animal Control staff could investigate, and report back
to City Council members.
Mayor Pro Tem Smith agreed, and said that is why he
asked if Animal Control had been contacted.
Mayor Pro Tem Smith said he is afraid of dogs, and understands Mr.
Stanley’s concerns. Mayor Pro Tem Smith
said, in fact, there is a leash law in this City, because when his father was
Mayor, his sister was tackled by a large dog, which scared her and his mother,
which meant his father was going to do something about it, and before very
long, there was a leash law in the City.
Mayor Pro Tem Smith said all City Council members agree with Mr. Stanley
that something needs to be done before there is a tragedy. The City Council goal setting session is
within 30 days, and he believes something will come out of that. Mayor Pro Tem Smith said Mr. Stanley’s
concern will be passed on to Animal Control officers so they can be sure there
is no violation of the City’s current Ordinance, which might be of some help.
Councilman Beer said the City has a dangerous animal
Ordinance that is fairly effective, and in his opinion needs to be more
effective, and City Council members are looking at that possibility. The Ordinance cannot work unless Animal
Control officers know that there are dangerous animals located within the City. Whether they are dangerous or not, the City
has an Ordinance that states that animals have to be registered with the City,
which means they have to have immunizations and a City issued tag. If there is an incident, that incident needs
to be reported. Many people know of a
dangerous animal, or have been approached by what they consider a dangerous
animal, but it is never reported. The
City cannot take any action if it does not know a problem exists. Councilman Beer said he knows this is not the
case with Mr. Stanley, but if there are others with similar concerns, it would
be well for the City to be made aware of those concerns. Councilman Beer said it sounds as if Mr.
Stanley has advised the City of his concerns, and he is making this statement
as a generalization.
Mr. Stanley said he has nothing against a Pit Bull
breed of dog, but they have a reputation of sometimes being killers. Mr. Stanley said when he goes out the door in
the morning to get his paper, there is a fear of the dog. Mr. Stanley said Animal Control officers have
said if he signs a complaint, the City will go to court with it, and it would
be up to the Judge as to whether he wants to fine the violator $5 up to
$500. Mr. Stanley said it is a good
rule, but he hates to be the man who initiates the court action. Mr. Stanley thanked City Council members for
considering his concerns.
Mayor Pro Tem Smith asked Mr. Stanley if City staff
may contact him to get his input as how to proceed with this issue as he is
someone who lives next door to a Pit Bull.
Mr. Stanley said he would appreciate that.
Larry Newport, 2002 Northeast 69 Terrace, asked if the City has the
resources to acquire the land by Wal-Mart that is for sale. It would be nice land for the City to own.
Councilman Beer said that is something that was
studied some time back, and right at this point, the City is not in a position
to purchase the land.
Mayor Pro Tem Smith said there was some discussion
with the Conservation Department regarding the land on the other side of the
highway that was for sale. About the
time the discussion became serious, the Conservation Department came out with a
moratorium on buying new properties. The
City did not get very far with that property, but it would be nice if the City
could acquire both pieces of property near the highway, but probably the money
is not available.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Mayor Bill Cross stated that five years ago on September 13th,
he flew into
Mayor Cross encouraged everyone to take a moment to
pause and remember the events that took place just five years ago, and be
reminded that life should be filled with things that last and matter – love for
our families, and love for our neighbors and our Country. Mayor Cross said the remembrances shown on
the television today certainly brought back memories of five years ago.
Mayor Cross asked Finance Director Debra Daily if it
is correct that our City’s sales tax is up 12 percent from one year ago.
Finance Director Daily said the figures are based on
the number of days that are being reported, and it is really not a good
indicator of any trend at this point.
Mayor Cross stated he noticed the increase in the
Electric Franchise revenue, and asked if the hot summer had an effect on this.
Finance Director Daily replied the summer weather
did help, but this again is not indicative of a trend at this point.
Mayor Cross said he noticed the City’s sale of water
was up about 20 percent, which looked good also.
Mayor Cross said he visited with the owner of the
North Oak Nursery who said they are no longer having problems with feral
cats. The cats are no longer a problem
at their location, and seem to have moved on to another location. The owner of the nursery wanted to attend a
City Council meeting to express her appreciation for the assistance from the
City, but was unable to do so at this time.
Mayor Cross asked Parks and Recreation Director
Sheila Lillis how work is progressing at the municipal pool.
Director Lillis replied work is moving right along,
and it is amazing how much work has already been done.
Mayor Pro Tem Les Smith suggested, as the City has
a lot of exciting things going on, starting with the outdoor pool and it will
continue with the demolition of the old Community Building and the construction
of the new Community Center, if it would be possible to schedule possibly every
two to four weeks, at a set time such as Friday morning at 9:00 AM, a “hard hat
tour” of the Community Center-Natatorium project.
Mayor Pro Tem Smith said what he is trying to avoid
is the temptation that some City Council members might have to ask for a tour across
the street to see the new developments.
If by chance the site were not available on a set date, say bi-weekly,
then the tour would not take place. If
there were access available the next week, then the tour would take place. Mayor Pro Tem Smith said he is trying to
minimize, for Staff’s benefit, the need to take tours of the construction
site. Staff members would be welcome to
attend also. Mayor Pro Tem Smith asked
Mr. Wingerson to give this some thought and see if it would make sense.
Councilman Wayne Beer stated Mr. Garner had some concerns regarding erosion control, and he noticed yesterday during the rain that the erosion control at 64th and Prospect appears to be ineffective especially on the temporary road at North Prospect. There are no erosion control measures there at all, and there was a huge amount of uncontrolled water going down into the creek and eroding the road.
Mr. Wingerson replied that Staff, due to the
anticipated storms, worked with the Developer from the middle through the end
of last week. The primary focus was on
the north side of that development.
There is a sediment basin there and some erosion control. Mr. Wingerson said he is fairly certain the
Developer took care of that issue late Friday or early Saturday, but to his
knowledge they did not address
Councilman Beer said the temporary drive seems to be
the flow point for the water.
Councilman Mark Revenaugh had no comments at this
time.
Councilman Carol Rudi asked if the issues that
were a concern during a recent hard rain were addressed in the Maple Woods
Preserve.
Mr. Wingerson replied two weeks ago, those issues
were addressed, but he had no information today as to how the preserve fared
over the weekend.
Councilman Rudi reported that Gladfest is coming up,
and a lot of volunteers are needed, so please call the Gladstone Area Chamber
of Commerce office to sign-up.
Item 9. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
Item 10. on the Agenda. RESOLUTION R-06-54,
authorizing the City Manager to establish a Retirement Health Savings Plan
Trust through ICMA Retirement Corporation.
Councilman Carol Rudi moved to approve RESOLUTION R-06-54, authorizing the City Manager to establish a Retirement Health Savings Plan Trust through ICMA Retirement Corporation. Mayor Bill Cross seconded. 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. FIRST READING BILL 06-29, electing the L-6
Contributory Benefit Program under the Missouri Local Government Employees
Retirement System (LAGERS) for the City of Gladstone, Missouri, pursuant to
RSMo 70.655.
Councilman Wayne Beer moved to place Bill 06-29 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 06-29, Waive the Rule and place the Bill on Second and Final Reading. Councilman Carol Rudi 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 Wayne Beer moved to accept the Second and Final Reading of Bill 06-29 and enact the Bill as Ordinance 4.008. 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 12. on the Agenda. RESOLUTION R-06-55, amending Resolution R-06-49, adopted on August 25,
2006, by adding further items of City property declared to be surplus and sold
at auction or by sealed bid.
Councilman Carol Rudi moved
to approve RESOLUTION R-06-55, amending Resolution R-06-49, adopted on
August 25, 2006, by adding further items of City property declared to be
surplus and sold at auction or by sealed bid. Mayor Bill Cross 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 13. on the Agenda. OTHER BUSINESS.
Mayor Pro Tem Smith said all
are encouraged to attend.
tem 14. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from
the News Media.
Item 15. on the Agenda. ADJOURNMENT.
There being no further
business to come before the September 11, 2006, Gladstone Regular City Council
Meeting, Mayor Bill Cross adjourned the regular meeting.
Respectfully submitted:
___________________________
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Bill Cross