MINUTES
CITY COUNCIL MEETING
GLADSTONE, MISSOURI
REGULAR MEETING
MONDAY OCTOBER 23, 2006
PRESENT: Mayor Bill Cross
Mayor Pro Tem Les Smith
Councilman Carol Rudi
Councilman Mark Revenaugh
City Manager Kirk Davis
Assistant City Manager Scott Wingerson
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: Councilman Wayne Beer
Mayor Bill Cross opened the Regular October 23, 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 introduced Scout Leaders Bruce Hiller and Doug Roberts, and said there were Scouts and Scout leaders from Troop 180 and Pack 180 present at the City Council meeting. Mayor Cross invited all to join in the Pledge of Allegiance led by an Honor Guard Unit from Troop 180.
Mayor Cross thanked the Scouts for leading the Pledge of Allegiance, and thanked the Scouts, the Scout leaders, and the parents for their attendance at this meeting, and invited them to return any time – they are always welcome and their participation is very much appreciated.
Item 4. on the Agenda. APPROVAL OF THE REGULAR OCTOBER 9, 2006, CITY COUNCIL MEETING MINUTES.
Councilman Carol Rudi moved to approve the Regular October 9, 2006, City Council Meeting Minutes as presented. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (4-0).
Item 5. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading, Councilman Carol Rudi moved to approve the Consent Agenda as presented. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (4-0).
Councilman Carol Rudi moved to adopt RESOLUTION R-06-62, authorizing the Mayor, City Council members, City Manager, Director of Parks and Recreation, and Chairman of the Parks and Recreation Advisory Board to execute all necessary applications and other documents to seek a Grant-In-Aid under the Missouri Department of Natural Resources Land and Water Conservation Fund for City of Gladstone Park Improvements. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross.
(4-0).
Councilman Carol Rudi moved to adopt RESOLUTION R-06-63, accepting Temporary Construction Easements and Permanent Easements from property owners in conjunction with the Northeast 67th Street and North Indiana Phase II Stormwater Project (055023). Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross.
(4-0).
Councilman Carol Rudi moved to adopt RESOLUTION R-06-64, authorizing the City Manager to accept a Bill of Sale from CPA Land Ventures, LLC and Mancuso Construction, conveying to the City one Water Line and one Fire Hydrant, built in conjunction with construction of the Comprehensive Psychiatric Associates building at 305 NW Englewood Court. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross.
(4-0).
Councilman Carol Rudi moved to adopt RESOLUTION R-06-65, authorizing acceptance of a proposal from Shawnee Mission Ford for the purchase of a One-Ton 4x2 Pick-Up Truck with Utility Bed for the net purchase amount of $28,174.00. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (4-0).
Councilman Carol Rudi moved to approve a NEW CLASS “A” LIQUOR BY THE DRINK LICENSE for Sherri’s Snacks, LLC dba THE END ZONE, 7632 North Oak Trafficway. Managing Officer: Sheryl D. Payton. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (4-0).
Councilman Carol Rudi moved to approve THE FINANCIAL REPORT FOR SEPTEMBER 2006. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (4-0).
REGULAR AGENDA
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Mayor Pro Tem Smith invited the members of Troop 180 and Pack 180 to step forward and introduce themselves. The group introduced themselves as follows:
Bruce Hiller, Cub Master of Pack 180, sponsored by St. Charles Church, thanked the Mayor and City Council members for allowing the Scouts and Scout leaders to attend tonight’s meeting.
B.J. Smith, Meadowbrook Elementary, 9 years old
John Riddy, St. Charles School, 8th grade student
Zack Faust, St. Charles School, 4th grade student
Eli Stenner, St. Charles School, 4th grade student
Paul Lynon, St. Charles School, 4th grade student
Alex Romey, Oakhill Day School, 4th grade student
Ryan Roberts, Oakhill Day School, 4th grade student
John Paul Ameryun, St. Charles School, 4th grade student
Henry Biggs, Ravenwood Elementary School, 4th grade student
Doug Roberts, Pack 180 Webelo Den Leader
Tim Hiller, Northgate Middle School, 7th grade student
David Ameryun, St. Charles School, 7th grade student
Taylor Long, St. Charles School, 7th grade student
Alex Long, Oak Park High School, 9th grade student
Estella Ameryan, Scout Leader for Pack 180
Mayor Pro Tem Smith and Mayor Cross thanked the group for being in attendance at tonight’s meeting.
Mike Chambers, Regional Director of External Affairs for AT&T; 500 East 8th, Kansas City, Missouri, stated he was present to speak in reference to Bill 06-38, which will be considered at this meeting, which is a right-of-way Ordinance that was discussed at a previous City Council Open Study Session. Mr. Chambers requested that City Council members only do the first reading tonight, and delay the second reading and the final vote until the November 13, 2006, City Council meeting. Mr. Chambers said that City Counselor David Ramsay has made two changes, both which were requested by Mr. Chambers. One change was regarding height restrictions. Mr. Chambers said Counselor Ramsay researched the City of Overland Park’s Ordinance and made that change. Mr. Chambers said he and Mr. Ramsay talked again today regarding the bonding section of the Bill. Mr. Chambers said that his legal department pointed out some concerns and Mr. Chambers discussed that section with Mr. Ramsay. Mr. Chambers said before this Ordinance is acted upon, he would like to have the opportunity to bring the right-of-way people from AT&T to review the Ordinance along with the City’s Public Works Department and City Council, so they have a firm understanding of the expectations.
Mr. Chambers said he and Mr. Ramsay visited about the 20 square feet restriction. One of the questions posed to Mr. Chambers by members of his company is whether that restriction applies to the equipment or the size of the concrete pad. In Overland Park, it is the equipment. Mr. Chambers said Mr. Ramsay told him he thought it was the concrete pad. Mr. Chambers said these are some of the things that his company wants to be sure they understand, and it is his belief that it is a lot cleaner and clearer for the City Council members if everyone understands the wording before it is finally enacted. Mr. Chambers said he sees no major issues or problems with AT&T’s acceptance, but he would request additional time and would also request that the Mayor and City Council be very supportive of a meeting with the utilities to walk through the Ordinance. Mr. Chambers said he had a conversation today with Missouri Gas Energy and Kansas City Power and Light, and they asked, “What right-of-way Ordinance?”
Mr. Chambers said he believed it would be beneficial if the utilities sat down and reviewed the Ordinance, line by line, and he believes if given another two weeks, there would be time to catch anything else that may need to be changed. Mr. Chambers said, again, he does not think that AT&T has any major issues with the Ordinance; it is more for understanding exactly what is in the Ordinance. There are approximately 37 pages, and it does take a little while to understand exactly what is in the Ordinance.
John Garner, 111 Heatherton Court, stated he read in the paper recently that the three islands at the intersection of Englewood and Broadway, cost $68,0000 to landscape, and asked if this does not seem excessive. Mr. Garner said he understood that $50,000 was a grant from the State of Missouri, but the cost still seems very excessive to him.
Public Works Director Chuck Williams stated this project encompasses quite a lot of work. The islands dividing the east/west street lanes have been extremely difficult for City staff to maintain, and are receiving brick pavers. That work is labor intensive, which translates to costly. There is an extensive landscaping plan that has been developed with the City gardener, Beth Houlihan. There will also be an irrigation system as well as trees planted in the islands. Mr. Williams said City staff is also working on a cooperative agreement with the Credit Union located on a corner in this area where the Credit Union will maintain the basic landscaping and keep the area mowed to reduce the City’s costs. The City is going from an area that is labor intensive to keep it looking attractive, to a very low maintenance area, and from Staff’s perspective, almost zero maintenance with the agreement with the Credit Union.
Mr. Williams said another important factor is that this area is a significant gateway into our community. It sets the tone as people enter into our area as to what Gladstone is all about and what Gladstone wants to be, and that does bring with it a price. Mr. Williams said the City has been fortunate to obtain a significant grant from the State, and the purpose of the grant is for this type of project – the beautification of communities.
Mayor Pro Tem Smith asked if Staff prioritized projects that would have fit the conditions of the grant.
Mr. Williams replied, yes projects were prioritized, and in considering priorities, consideration included areas where Staff felt grant funding could be obtained.
Parks and Recreation Director Sheila Lillis said Staff also applied for a grant for the area at 76th Street and North Oak Trafficway, but the area at North Broadway and Englewood Road scored higher. The pedestrian bridge that was approved through the Transportation Enhancement Grant was also a project that received funding. Ms. Lillis said Staff does prioritize grants, and the project being discussed is a joint application through the departments of Public Works and Parks and Recreation. Ms. Lillis said the expensive grass that was first discussed for the North Broadway and Englewood islands was replaced with plans for the installation of only sod as a cost savings measure and to stay within the City’s budget.
Mayor Pro Tem Smith stated he was a bit surprised when he saw the dollar amount on this project, but had a better understanding of the costs after the funding from the State grant was explained to him, and the fact that the purpose of the grant is for projects such as this. The City’s net cost will be approximately $18,000 and the result will be a nice gateway into the community, with virtually no maintenance cost from this point forward for the City.
Mayor Pro Tem Smith said he wholeheartedly supports this project, and believes it is a good idea. Mayor Pro Tem Smith said at the earlier Open Study Session, the Community Center-Natatorium, Village Center, and Gladstone Plaza projects were discussed. The City is trying to somewhat redefine our community, and it is often heard from people that they do not know when they leave our City limits. Mayor Pro Tem Smith said he believes it is important that the City takes some steps towards defining our City, and part of that is defining our City limits and our boundaries.
Councilman Carol Rudi said she was approached by a resident this week who expressed their thanks for this particular project, and said they were really relieved that this project was going to happen.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Mark Revenaugh had no comments at this time.
Councilman Carol Rudi asked Parks and Recreation Director Sheila Lillis to report on the upcoming events at Oak Grove Park.
Parks and Recreation Director Sheila Lillis reported that this Friday, at 6:00 PM, at the Gladstone Amphitheatre in Oak Grove Park, the River and Prairie Story Weavers will be onsite telling scary stories, and local merchants will be on hand offering free candy. Ms. Lillis invited all to attend – everyone has an opportunity to Trick-or-Treat and receive a goody bag. The “non-scary” stories for the younger children will be from 6:00 PM to 7:15 PM, and the really scary stories for older children (9 years and up) will be from 7:30 PM to 9:00 PM. There should be between six and ten storytellers and the event is usually well attended.
Mayor Cross said the merchants always do a wonderful job at this event.
Councilman Rudi said she heard there would be 20 merchants at the event.
Mayor Pro Tem Les Smith stated that Mayor Cross is President of the West Gate Division of the Missouri Municipal League, and accolades are deserved by Mayor Cross for the fine event he put together on October 19. A good time was had by all, and Mayor Cross worked very hard in ensuring that the event was successful. Mayor Pro Tem Smith said Mayor Cross made our City look good.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis reported that there was discussion on having a Special City Council meeting on October 31, 2006, to consider some contracts, but that meeting will not be necessary. Those contracts will be considered at the Regular City Council meeting on November 13, 2006. City Manager Davis invited everyone to take advantage of the brush drop-off event on November 3, 4 and 5, at the Public Works site, from 8:00 AM to 5:00 PM each day.
Item 9. on the Agenda. FIRST READING BILL NO. 06-36, approving the Final Plat of “Tower Plaza”, a subdivision in the County of Clay, City of Gladstone, Missouri, and directing the appropriate officials to affix their signatures to said Plat for recording.
Councilman Mark Revenaugh moved to place Bill 06-36 on First Reading. Mayor Bill Cross seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (4-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the First Reading of Bill 06-36, Waive the Rule and place the Bill on Second and Final Reading. Mayor Bill Cross seconded. The vote: The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (4-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the Second and Final Reading of Bill 06-36 and enact the Bill as Ordinance 4.015. Mayor Bill Cross seconded.
Roll Call Vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (4-0).
Item 10. on the Agenda. RESOLUTION R-06-66, imposing a Moratorium on the issuance of Business and Occupation Licenses under Title V of the City Code for Signature Loan, Pay Day Loan, Title Loan, and similar non-chartered small loan companies to conduct business within the City and directing City staff to delay the acceptance and processing of applications for such licenses for the timeframe specified herein.
Councilman Carol Rudi moved to adopt RESOLUTION R-06-66, imposing a Moratorium on the issuance of Business and Occupation Licenses under Title V of the City Code for Signature Loan, Pay Day Loan, Title Loan, and similar non-chartered small loan companies to conduct business within the City and directing City staff to delay the acceptance and processing of applications for such licenses for the timeframe specified herein. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross.
(4-0).
Item 11. on the Agenda. FIRST READING BILL NO. 06-37, amending Ordinance Number 4.014, to clarify the process for designating the Chairman of the Gladstone Arts Commission.
Councilman Mark Revenaugh moved to place Bill 06-37 on First Reading. Mayor Bill Cross seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (4-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the First Reading of Bill 06-37, Waive the Rule and place the Bill on Second and Final Reading. Mayor Bill Cross seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (4-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the Second and Final Reading of Bill 06-37 and enact the Bill as Ordinance 4.016. Mayor Bill Cross seconded.
Roll Call Vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (4-0).
Item 12. on the Agenda. FIRST READING BILL NO. 06-38, adopting conditions and limitations for the management of the public rights-of-way owned by the citizens of the City of Gladstone, Missouri.
Councilman Carol Rudi moved to place Bill 06-38 on First Reading. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (4-0). The Clerk read the Bill.
Councilman Carol Rudi stated that Council has been asked to not enact this Bill at this meeting, and asked Counselor Ramsay if he feels this is appropriate as this information has been sent out to various organizations, utilities, etc. previously, and the City only received a response from AT&T, who is requesting this delay. Councilman Rudi asked if this time is needed, or can the issues be resolved even if the Bill is approved tonight.
Counselor Ramsay replied it is always helpful to have the people who are affected by these Ordinances to have an input, and if a meeting can be arranged with representatives of the various utilities, then that might be helpful. Mr. Ramsay said City Council could enact the Ordinance tonight, and Staff could bring at a later date any amendments that might be necessary to City Council members. Mr. Ramsay said he does not know specifically whether there are amendments that will be necessary, or only a desire for some further explanation from these companies. Staff can either bring this Bill back for City Council members’ consideration in two weeks, or bring back any amendments if it appears that is necessary.
Councilman Revenaugh inquired how long it had been since the City notified the utilities that City Council would be considering the changes in the City’s rights-of-way.
Mr. Ramsay replied the original drafts were sent to the utilities on September 20, 2006, but sometimes 30 days is not sufficient for items to filter through their corporate structures.
Councilman Revenaugh asked Mr. Ramsay if it were his opinion that the delay request was reasonable.
Mr. Ramsay replied he did not believe the City had any right-of-way permits pending, so probably the difference between enacting this Bill tonight and enacting it in two weeks wouldn’t have much affect on its application. With the utility companies’ input, there might be either a better Ordinance, or if we choose not to make certain amendments they request, at least we will have the information about where we disagree or what issues may be brought forward in the future.
Mayor Pro Tem Smith said if City Council members are satisfied with the Bill before them, and as Mr. Chambers gains input from his company, there are some things found that the City needs to “tweek” in order to better clarify the intent of the Bill, Council members could always do that by amending the Ordinance.
Councilman Carol Rudi moved to accept the First Reading of Bill 06-38, Waive the Rule and place the Bill on Second and Final Reading. Councilman Mark Revenaugh seconded.
Councilman Rudi said she believed what is before Council and what the companies have had before them for the last month is something that City Council can act upon and make changes if needed in the future.
Mayor Pro Tem Smith addressed Mr. Chambers by saying that the City has always acted in good faith, and Mr. Chambers is a big part of the reason why the City acts in that way. Mayor Pro Tem Smith encouraged Mr. Chambers and his company to be involved and visit with Counselor Ramsay. If this Bill passes this evening, and there are issues that City Council members need to address, that will be done.
Councilman Rudi agreed, and said the City will not be locked in with this; there is always the amendment process.
The vote: The vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (4-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the Second and Final Reading of Bill 06-38 and enact the Bill as Ordinance 4.017. Councilman Mark Revenaugh seconded.
Roll Call Vote: All “aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (4-0).
Item 13. on the Agenda. OTHER BUSINESS.
There was no other business.
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 October 23, 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