CITY COUNCIL MEETING
MONDAY, DECEMBER 11, 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 December 11, 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.
Mayor Cross introduced Boy Scouts from Troop 992, sponsored by Church of the Cross, as follows:
Life Scout Tyler Sole, an 8th grade
1st Class Scout Nicholas Espeland, 6th
grade student at
Scout Leader Kim Sole
Mayor Cross thanked Ms. Sole for bringing the Scouts to the meeting and invited them to attend any time and if they would like, they are welcome to lead the Color Guard at a future meeting.
Item 4. on the Agenda. APPROVAL OF THE REGULAR NOVEMBER 27, 2006, CITY COUNCIL MEETING MINUTES.
Councilman Mark Revenaugh moved to approve the Regular November 27, 2006, City Council Meeting Minutes as presented. 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).
Item 5. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
John Garner, 111 Heatherton Court, stated he provided a letter to City Council members, which defined in his opinion, a dangerous dog. Mr. Garner suggested that instead of a dangerous dog Ordinance, the City consider passing a dangerous animal Ordinance. Mr. Garner read from the letter as follows:
A Dangerous Animal Defined.
Mr. Garner said he feels his definition covers not just dogs, but also cats, snakes, such as a Boa Constrictor, or any other animal. Mr. Garner continued reading his letter as follows:
Dangerous Animal Defined.
Any animal that when unprovoked: (a) inflicts a bite on a human or domestic animal either on private or public property; (b) chases or approaches a person upon the street, sidewalk or any public grounds in a menacing fashion or apparent attitude of attack or any animal with a known propensity, tendency, or disposition to attack unprovoked to cause injury or otherwise to threaten the safety of humans or a domestic animal.
Mr. Garner suggested City Council not ban a specific breed but replace the language with the word “animal” and include the language he read. Mr. Garner said he is very much in favor of requiring cats to be licensed. Mr. Garner suggested that if 2,000 cats were registered, with licenses at $20 per cat, that would provide $40,000 of revenue for the City per year. Perhaps a temporary worker could be employed for that kind of money.
Mr. Garner stated that in the draft Ordinance, under Section 2.105.010, there are some places where it just reads “dog”, and it should include “dangerous animal”. Mr. Garner said he has a Cocker Spaniel. If he had a rabies shot for his dog on January 26, of this year, that rabies shot would still be good for him to get his dog’s license as of the first or second of January of the next year. Mr. Garner said he feels the vaccination should be required within a 30 to 60 day period of the license actually being renewed. Mr. Garner suggested that the vaccination also state that the animal is in good health, because if a person is going to take on the responsibility of owning a pet, they should at least see the veterinarian. Mr. Garner said some veterinarians will just give the shot, and not listen to the heartbeat, check the dog’s lungs, or anything else. A pet owner should be responsible enough to have the dog checked, and it should be stated on the health certificate that the dog is in good physical condition.
Mr. Garner stated under another section, it is
stated that anyone over the age of 70 years old is exempt from licensing a
dog. Mr. Garner stated he would like
that also to be the same for cats, and not to exempt anyone from paying for a
license, because if a person is responsible and wants to own a pet, then they
should be able to pay the money to license their pets. The City would also pick up revenue from
that. Mr. Garner said last year he came
into City Hall to register his pet, and he is not 65 years of age, although his
wife is, and he did not have to pay the $20.
Mr. Garner said he would have paid it, but if the Ordinance is there,
why not take advantage of it? This extra
revenue might be enough to hire an extra animal control officer or the person
to fill out the extra paperwork if cats are registered, which also would take
care of the feral cat issue in
Mr. Garner said in Section 2.105.040, he feels it should read “animal owner” not “dog owner”. Mr. Garner said he supports the insurance level going to at least one half million dollars if not a million dollars. Mr. Garner said his insurance company will write it, and he carries one half million dollars in liability insurance now and it is all covered. Mr. Garner stated in one section it mentions birth of offspring. Mr. Garner said in another section it is stated that if an animal were determined to be dangerous, that the animal must be spayed or neutered, so there would be no need for the other part to take effect.
Mr. Garner said he does want to see cats included in the Ordinance, and if anyone calls with a concern, they should have enough concern to show up in public and voice their opinions.
Mayor Cross thanked Mr. Garner for the time he spent on researching his comments and for attending the meeting. Mayor Cross said he does not know if Council always agrees with Mr. Garner, but his attendance is appreciated, and Staff will look into his suggestions.
Leo Cheney, 202 Point Drive, said he is the President of
the Home Association for Claymont Pointe, and in September 2005, he received a
“Gladstone Reporter” magazine, that had an article about
Mr. Cheney said while he was at the meeting, he
wanted to mention that there is a water leak on North Belleview, the street
that runs up to the Water Treatment Plant.
The leak is in the middle of the street.
Mr. Cheney said approximately 2 to 3 months ago a leak was fixed in the
area by the Gladstone Water Department.
A band was put on a 10-inch water main.
Mr. Cheney said he suspects that water main may be leaking again and
running under the street. Mr. Cheney
said his wife did call the Water Department, and the lady she talked to argued
with his wife and said the leak was in
Phil LaCapra, said he lives in the same addition as Mr.
Cheney. Mr. LaCapra asked if
Councilman Beer said there is an Ordinance that says the dog’s waste must be picked up by the dog’s owner.
Mr. Cheney said their Home Owners Association says a resident cannot own a dog without the Board’s permission, but it’s pretty hard when someone buys a house and they have a dog. They cannot tell them to sell their house or kill the dog. Mr. Cheney said they tell them what they have to do with the dog; and to carry a bag along to pick up the dog’s waste. Mr. Cheney said he hasn’t caught anyone not doing this. He has talked to people who don’t live in the addition, and walk their dogs on the public street in their area. Mr. Cheney said he cannot tell people they cannot walk in there, but he does ask them to be sure they pick up their dog’s waste. Mr. Cheney said nobody walks more in his neighborhood than he, because he is the Homeowners’ Association President, and he is a little nosey to see what is going on. They maintain everything outside of the houses. Mr. Cheney said his addition’s streets were given to the City about four years ago, because they could not afford them. Mr. Cheney said there is a sign in front of the nearby professional building that says dogs are not permitted to walk in that area. Mr. Cheney asked if he would get into trouble if he put up these signs at the entrances to his development – a sign with a picture of a dog with a slash mark across it.
City Manager Kirk
Councilman Beer said since that is public property, it is hard not to allow people to walk their dogs. Councilman Beer said the Homeowners’ Association may be able to control dogs getting into the yards, but he does not believe the City would have that control.
Mr. Cheney said there are no sidewalks in his development and all of the ground is common ground and belongs to every resident who lives there. It is nobody’s yard – it’s everybody’s yard.
Mayor Pro Tem Les Smith stated he would like to
share a funny story in regard to someone not knowing the location of the City’s
limits. Mayor Pro Tem Smith said the new
Hy-Vee store on
Councilman Carol Rudi stated Sergeant Richard King recommends people walking in their neighborhoods and being nosey, because that keeps down crime.
Mr. Cheney said Sergeant King has visited his area, and he is a very good man. Mr. Cheney said there were a couple of robberies in his area on Thanksgiving Day. Some time between 1:00 PM and 7:00 PM, two homes had their doors kicked in. One lady only lost fried chicken and one pork chop. The people used her microwave and went to the next house, where they stole eight guns and ate the chicken while in the house.
Councilman Rudi said Mr. Cheney stated that his home addition gave their streets to the City to maintain, because of money. Councilman Rudi asked Mr. Cheney to please remember this the next time the City needs to raise taxes or raise funds in some manner, because those streets are very expensive to maintain.
Mr. Cheney said he remembers this every time he pays his taxes.
Councilman Beer said Sam’s Club for quite a long
time thought they were in
Mayor Cross thanked Mr. Cheney and Mr. LaCapra for sharing their thoughts and ideas.
Phil Kline, 6008 North Main, stated he gave the City
Counselor copies of a letter he wrote and he hopes each City Council member
will read the letter, which is about pit bulls.
Mr. Kline asked if the letter could be entered into the minutes for the
meeting. Mr. Kline said he read online
about the man who was attacked on two occasions early in the morning by someone
who just let their pit bull run loose. Mr.
Kline said he has all kinds of things to say, but he will not do that as it is
all in the letter. Mr. Kline stated
there is always some sort of conflict between liberty and safety.
Mayor Cross thanked Mr. Kline for the letter and for his comments.
City Council members agreed to have the letter incorporated into the Meeting Minutes. The letter is as follows:
An open letter from Phil Kline to the esteemed Mayor
and City Council of
I write in regard to the subject of pit bull type dogs. To an observer this subject invites examination into a vast array of thought; ranging through such subjects as the psychology of animal rescue, to change patterns in popular notions of fear.
While some may find subjects such as those to be highly interesting and illuminating, it is my observation that public policy debate is best focused on the areas of public safety, and philosophy of governance. The fact that I, a 60 year old man, who has enjoyed the companionship of one great dog or another all my life, experience the loving spirit of my sweet “shuggah” (a pit bull type dog) in a way that is somehow different, perhaps spiritual, almost even elemental, is, and should be of lesser concern to you, in your trust as councilpersons, than safety and governance.
Allow me please to first address the subject of
safety. Philosophically it’s true,
safety and liberty, safety and quality of life, often are found to be at odds
in a free society. In the debate over
banning pit bulls, the police chief of
Dog bite statistics show that a large majority of
bites come from dogs not spayed or neutered.
Also unaltered male dogs are likely to try to escape, run in packs, even
to fight and bite. One group of
researchers report finding no record of any human fatalities inflicted by
altered dogs. Mandatory spay and neuter,
at the appropriate age, is an option that improves the safety of dog and
man. License to breed could include
inspection, even a class or a test on responsibility of breeders to dogs and
the public. Fines and fees could support
enforcement. Programs such as these are
Now I’d like to address the case of a
One of the principles of good governance is equality under the law. Race, color, creed, national origin, the law applies the same to all. It is argued that to hold the pit bull owner to a different rule of law than the Rottweiler, the German Shepherd, Chow, Doberman, or the Standard Poodle owners is a bad example of good governance.
Peety, the “Little Rascals” dog; the RCA Victor dog,
“Hearing His Masters Voice”, the dog of U.S. presidents and movie stars, the
pit bull, once believed to be one of the best children’s dogs for its mild
temperament, deep loyalty and shuggah sweet kisses, is now in a battle for its
life. Animal abusers taunt it to
meanness and fight it for profit. The
pit bull is also in a fight in every jurisdiction where it’s singled out as a
focal point to fear. The numbers of pit
bulls euthanized are staggering.
Thankfully, here in
I hope these thoughts are of value to each of you as you seek to improve the efficiency of the animal control department, and perform your valued official functions as councilpersons.
Phil Kline is a land surveyor and filmmaker
living and working in
He may be reached by e-mail at Hand Cut Films
James Pfaff, 1505 Northeast 58 Street, stated it has been about six months since he last addressed the City Council in regard to a property at 5711 North Flora. Mr. Pfaff said his concern is in regard to the way the property is being handled and the business that is being run on the property. Mr. Pfaff said he has worked closely with Assistant City Manager Wingerson since that time to get this taken care of. Mr. Wingerson and his staff have done a very good job of staying on top of this, and mediating with Mr. Ellis, and also helping him find an appropriate place for his business. Mr. Pfaff said Mr. Ellis has chosen to not do this. Mr. Pfaff stated that Mr. Ellis continues to operate his business, and to allow his property to devalue, which also devalues his property. Mr. Pfaff said Mr. Ellis continues on in the face of the City and of its Ordinances – he has been warned and he has been told.
Mr. Pfaff said at this
point what he would like to see is that the City Attorney, the City Prosecutor
and the City, itself, take him to the fullest extent of the law that is
available. Not picking and choosing
Ordinances, violations, or ideas that should happen, but to tell him that every
portion of what he is doing is wrong, illegal, and is not what is being
accepted within this City. Mr. Pfaff
continued by saying that
Mr. Pfaff said he passed out packets six months ago, and nothing within those packets have changed, and he has been in constant contact with Mr. Wingerson, who has done a good job in trying to bring Mr. Ellis within the law. Mr. Pfaff said at this point, he would like Mr. Ellis to be prosecuted in the manner in which he has operated outside of the law, and he has been forced to live with.
Mayor Cross asked Mr. Wingerson for an update on this issue.
Mr. Wingerson thanked Mr. Pfaff for the nice words, and said it has been a problematic, time-consuming case. Mr. Wingerson said City Council members have been briefed through their informational newsletters on the current communications with the property owner. Staff either has or will issue citations concerning the operation of the business and some of the property maintenance and nuisance activities. Mr. Wingerson said he informed Mr. Pfaff today that as he was out of town last week, he did not have a chance to check on the citations, but he will check on that and if it is not already done, it will be done tomorrow. Mr. Wingerson said he has consulted with the City Attorney as well as with one of the two City Prosecutors, so they have been briefed on the issue.
Mr. Pfaff said this sounds good; this has been going on for over 19 months now, and he believes it is time for it to finish. Mr. Pfaff said he would like to see all Ordinance violations written, not just particular ones. Mr. Ellis needs to feel the pressure.
Mayor Cross thanked Mr. Pfaff for his comments.
Item 6. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Mayor Pro Tem Les Smith stated that with Council’s permission, he would leave the meeting at this time to attend a visitation for one of his employees, who recently passed away. Mayor Pro Tem Smith said if he left now, he would be back in time to finish this evening’s Closed Executive Session.
Mayor Pro Tem Smith said
he noticed a few weeks ago an article in the Kansas City Star about the
NKC Wildcats, which is a football team based here in
Councilman Wayne Beer stated that he, Mayor Pro
Tem Smith, Councilman Rudi, and Assistant City Manager Wingerson attended the
National League of Cities Conference in
Councilman Carol Rudi stated the National League of Cities Conference was an excellent conference and she came back with lots of work for Staff.
Councilman Rudi said she understood today is City Counselor Ramsay’s birthday. Councilman Rudi wished Mr. Ramsay a happy birthday.
Councilman Mark Revenaugh had no comments at this time.
Mayor Bill Cross stated he, Councilman Revenaugh, and City Manager Davis are glad that they sent such a very worthwhile group to the National League of Cities Conference to cover for them, as they could not attend. Mayor Cross said he was sorry not to attend; he has attended for six consecutive years, but was not able to attend this year. Mayor Cross said they did represent the City at the Gladstone Area Chamber of Commerce Banquet, which was very worthwhile, and he appreciated the opportunity to attend this event.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk
Item 8. on the Agenda. COUNCIL CONSIDERATION OF A SIGN VARIANCE for Van Chevrolet/Cadillac
said information is enclosed in the plan provided to City Council members;
however, he would like to highlight some items.
Mr. Wingerson pointed out that just to the south, or at the bottom of
the page from the proposed location for the pylon sign, is the City limit
line. The sign is barely in the City of
Brian Schaffer, stated he represented Van Chevrolet/Cadillac, and began by saying he believed the existing sign was grandfathered in at this site.
said the current pylon sign is located on the east side, just to the front of
the building, in the City of
Mr. Schaffer said
basically what they are requesting is to move the sign 15 feet to the south,
which would be best for the construction, and they are trying to make the site
look as good as possible. Mr. Schaffer
said this is the first thing one sees when they enter
said, as he is sure has been make clear to Mr. Schaffer by Staff, the City of
Gladstone has been discouraging pole signs in the City, mainly because of the
fact that many pole signs become a visual clutter. When a sign has to be moved, the City
requires that the new sign has to be a monument sign. The impetus for the Ordinance most directly
had its greatest impact on North Oak Trafficway and
Mr. Schaffer said the sign offers more of a chrome coating on the entire sign, with a plastic fascia on it, so it would never become old, outdated, and not looking good.
Councilman Wayne Beer moved to
approve the SIGN VARIANCE for Van Chevrolet/Cadillac located at
Councilman Rudi stated she has a difficult time with this request. The City changed its Sign Ordinance for a reason, and she does not like making variances for one business that City Council is not willing to make for other businesses. Councilman Rudi said the only thing that convinces her that she can vote in the affirmative for this Sign Variance, is its location near the two State routes. Councilman Rudi said what the sign is made of doesn’t convince her, and the size of the property does not convince her; the location is the only thing that does convince her to vote affirmatively. Councilman Rudi said she wished the business would reconsider and install a monument sign, but she will vote in favor of this issue.
The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, and Mayor Bill Cross. (4-0).
Item 9. on the Agenda. RESOLUTION R-06-76, authorizing execution of Amendment Four to the Master Agreement for professional services with Olsson Associates, Inc. in the total amount not to exceed $24,160.00 for the Design of the North Oak Trafficway Water Main Replacement Project.
Councilman Carol Rudi moved to adopt RESOLUTION R-06-76, authorizing execution of Amendment Four to the Master Agreement for professional services with Olsson Associates, Inc. in the total amount not to exceed $24,160.00 for the Design of the North Oak Trafficway Water Main Replacement Project. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, and Mayor Bill Cross. (4-0).
Item 10. on the Agenda. APPROVAL OF LIMITED ONE DAY LIQUOR BY THE DRINK LICENSE to Oakhill Day School, 7019 North Cherry, for the annual auction event on Saturday, March 3, 2007, Hours: 5:30 PM - 12:00 Midnight. Managing Officer: Ms. Jeanette Hoy.
Councilman Carol Rudi moved to approve a LIMITED ONE DAY LIQUOR BY THE DRINK LICENSE to Oakhill Day School, 7019 North Cherry, for the annual auction event on Saturday, March 3, 2007, Hours: 5:30 PM - 12:00 Midnight. Managing Officer: Ms. Jeanette Hoy. Councilman Mark Revenaugh seconded.
Beer said that as his wife is Head of School at
The vote: “Aye” – Councilman Mark Revenaugh, Councilman Carol Rudi, and Mayor Bill Cross. “Abstain” – Councilman Wayne Beer. (3-0-1).
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 December 11, 2006, Gladstone Regular City Council Meeting, Mayor Bill Cross adjourned the regular meeting.
Councilman Wayne Beer moved 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. Councilman Carol Rudi seconded the motion.
Roll Call Vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, and Mayor Bill Cross. (4-0).
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Bill Cross