MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

MONDAY SEPTEMBER 11, 2006

 

 

PRESENT:          Mayor Bill Cross

Mayor Pro Tem Les Smith                        

Councilman Carol Rudi

                             Councilman Wayne Beer

                             Councilman Mark Revenaugh

 

Assistant City Manager Scott Wingerson

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 Gladstone community.  Mr. Box said from time to time Post 626 has recognized individuals or organizations within the Gladstone community for their work in the community.  Mr. Box said tonight, with City Council’s permission, he would like to make a presentation in recognition of an individual’s contribution to the Nation, the State, and to the community.  Mr. Box said he felt it was appropriate to make this presentation on this day, as it was Patriot’s Day.  Mr. Box presented to Councilman Wayne Beer, on behalf of American Legion Post 626, a Commander’s Appreciation Award plaque in recognition of outstanding and devoted service. 

 

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 Heatherton Court, he will be glad to do that and move forward.

 

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 Kansas City project, and they have nearly completed the project.  There is a lot going on - there is Missouri Gas Energy gas work going on around 69th Street, and there is some private water taps just north of 65th Street.  Kansas City is almost out of Gladstone at this point, and hopefully in the next week or two, the work will be complete.

 

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 Gladstone. 

 

Mr. Wingerson replied that was correct, the plates in the street were not the work of the City of Gladstone. 

 

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 Gladstone water main on the west side of North Oak Trafficway, between 72nd Street and 77th Street, during the first part of the next construction season, which is in the spring.  This will be followed by a first phase overlay for all of North Oak Trafficway from roughly 66th Street north through the 72nd Street intersection.  If there is any way possible, Staff will be bringing to City Council a scenario that would allow for the continuation of the overlay from just north of 72nd Street to the City’s north limits.  Mr. Wingerson said Staff is going to try to get all of the North Oak Trafficway work done next year.  Funding may not allow for overlay of the portion between 72nd Street and 77th Street; however, a good portion of that will be reconstructed through the widening of North Oak Trafficway at 76th Street, which is planned for next summer.

 

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 Gladstone.  Mr. Stanley said he believes the City Council has discussed this issue.

 

Mayor Pro Tem Smith said that Kansas City had a task force that was working on this issue.  They have recommended some Ordinances, as has some other communities.  Mayor Pro Tem Smith said our City’s position is to wait for everyone to get through their task force process, their public hearings, the adoption of their Ordinances, so we can take them all and review them, to see what survived the challenges, and pick the best of all to put together some overall animal control Ordinance.  Mayor Pro Tem Smith said our Ordinance is planned to encompass all animal control issues.  Mayor Pro Tem Smith said he believes this will be a subject at an upcoming City Council goal-setting session in October.  Something may be seen coming from City Council by the end of the year.  Our City has not dropped this issue at all, but rather than “reinventing the wheel”, it is planned to let others “invent the wheel” and our City will pick the best components from other Cities’ Ordinances, and come up with some things that are important to this Council and this community by the end of the year.

 

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 Kansas City, Kansas and Independence.

 

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 New York and he could not believe the changes that had taken place following the events of September 11, 2001.  Mayor Cross said the events of September 11, 2001, will always be a fixed point in the life of America.  We continue to honor those lives that were lost due to the attack on our Country, and those who displayed selfless acts of heroism.  Mayor Cross said, as a Nation, we remember the members of our military for their sacrifice and service far from home, who are helping to build the most enduring monument we can build; a world of liberty and security made possible by the way American leads and by the way Americans lead our lives. 

 

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.

 

Assistant City Manager Scott Wingerson said he would prefer not to set a specific date and time, because access will be dependent on what is going on at the time.  Staff would certainly commit to making certain that City Council members are fully updated on site.

 

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.

 

Assistant City Manager Wingerson agreed that he would certainly look into this.

 

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 65th Street, which is the temporary drive location.

 

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.

 

Assistant City Manager Scott Wingerson stated that City Manager Kirk Davis sends his regrets for not being able to attend tonight’s meeting.  Mr. Davis is at the International City/County Management Association (ICMA) Conference in San Antonio, Texas.

 

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.

 

Assistant City Manager Scott Wingerson reminded City Council members that City staff and the Design Team will be presenting information on the Community Center-Natatorium at the Board of Education meeting tomorrow night at 7:00 PM.

 

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