MINUTES
CITY COUNCIL MEETING
REGULAR MEETING
MONDAY, MAY 14, 2007
PRESENT: Mayor
Les Smith
Mayor Pro Tem Mark Revenaugh
Councilman Carol Rudi
Councilman Wayne Beer
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: Councilman Bill Cross
Mayor Les Smith opened the Regular May 14, 2007,
City Council Meeting at 7:30 p.m. in the Gladstone City Council Chambers.
Item 2. on the Agenda. ROLL CALL
Mayor Smith noted that all Council members were
present this evening except for Councilman Bill Cross. Mayor Smith said that Councilman Cross asked
him to thank everyone who sent their best wishes and visited him while he was
in the hospital recently. Councilman Cross
is doing very well and hopes to be home by mid-week, and plans to begin
attending functions again shortly thereafter.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Les Smith led the Pledge of Allegiance, in
which all joined.
Item 4. on the Agenda. APPROVAL OF THE REGULAR APRIL 23, 2007, CITY COUNCIL
MEETING MINUTES.
Mayor Pro Tem Mark Revenaugh moved to approve the Regular April 23, 2007, City Council Meeting Minutes as presented. Councilman Carol Rudi seconded.
The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (4-0).
Item 5. on
the Agenda CONSENT AGENDA
Following the Clerks reading, Councilman Wayne Beer requested that two items be moved to the Regular Agenda for consideration as follows: Resolution R-07-29, as Item 5a.; and Resolution R-07-31, as Item 5b. In regard to the Building Permit for the remodeling of the interior of the existing Williams House at 6923 North Cherry Street, Councilman Beer asked City Counselor David Ramsay if as Councilman Beer is the project manager on that project, and although he has no fiscal implications or impact, would it be necessary for him to abstain from the vote on this item.
Counselor Ramsay replied no, not in this case.
Councilman Carol Rudi moved to approve the Consent Agenda as amended. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (4-0).
Councilman Carol
Rudi moved to adopt RESOLUTION
R-07-28, authorizing acceptance of work under contract with Bulk Storage,
Incorporated, for the
Councilman Carol
Rudi moved to adopt RESOLUTION
R-07-30, authorizing the City Manager to accept a Bill of Sale from Reveda
of Gladstone, Incorporated, and Zuris Lane Construction, LLC, conveying to the
City one water line and one fire hydrant built in conjunction with construction
of Santerra at
Councilman Carol Rudi moved to adopt RESOLUTION R-07-32, authorizing the City Manager to execute a Regional Public Works Mutual Aid Agreement for the Kansas City Metropolitan Area with the Mid-America Regional Council. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (4-0).
Councilman Carol Rudi moved to adopt RESOLUTION R-07-33, accepting Temporary Construction Easements and Permanent Drainage Easements from certain property owners in conjunction with the Northwest 70th Terrace and North Central Street Reconstruction Project. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (4-0).
Councilman Carol Rudi moved to approve a BUILDING PERMIT: for construction of a brick wall and a cedar framed roof enclosing the existing patio on property located at 7013 North Oak Trafficway. Applicant: Margarita’s. Owner: Larry Gromer. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (4-0).
Councilman Carol
Rudi moved to approve a BUILDING
PERMIT: for the remodeling of the
interior of the existing Williams House,
Councilman Carol
Rudi moved to approve a BUILDING
PERMIT: for the addition of an
exterior DVD Kiosk on the north side of McDonalds located at
Item 5a. on
the Agenda. RESOLUTION R-07-29, authorizing execution of a contract with
Linaweaver Construction, Incorporated, in the total amount not to exceed
$1,190,895.50 for the Community Center Streets Reconstruction Project.
Councilman Wayne Beer said his reason for requesting this item be removed from the Consent Agenda for discussion is that the bid Staff is asking to be authorized is not the low bid. Councilman Beer said that while the memorandum from Staff provides a reason for that, his question is about the fact that the low bidder asked that his bid be pulled because of a mistake that was made in his bid documents. Councilman Beer asked if there was bid security as a part of the bid, and if there was, are we invoking it?
Councilman Wayne Beer moved to adopt RESOLUTION R-07-29, authorizing execution of a contract with
Linaweaver Construction, Incorporated, in the total amount not to exceed
$1,190,895.50 for the Community Center Streets Reconstruction Project. Mayor Pro Tem Mark Revenaugh seconded.
Councilman Beer stated he
realized that the bid was submitted with the proper security, and even though
the bid was voluntarily withdrawn, he is not happy that the City did not invoke
his security. Councilman Beer said
voluntary or not, the fact remains that the contractor secured that bid. He submitted the bid, and if he were unable
to perform, we should have invoked the security.
City Manager Kirk Davis stated the big issue relative to street construction, as spelled out in his memorandum in last week’s newsletter to City Council members, was Staff making sure that we had coordinated all the street construction around the various time frames that were coming into play, such as Gladfest and the opening of the outdoor pool and things like that. That was the focus, and the reason for not invoking the bond.
Councilman Beer said he understands that, but the continuation of his question is of what value was the security?
Counselor Ramsay said he looked into this issue, and learned the error was found simultaneously by the bidder and City staff, within hours after the bids were presented. It was a matter of a unit calculation. The result of which, if it had been accurately done, the low bid would have been about $3,000 less than the second low bid. Counselor Ramsay said there has been some precedent that under circumstances where an immediate recognition was made that it would be reasonable not to invoke the bond, and that was the decision that was made in this case.
Councilman Beer said when a bidder has found that he has left $75,000 laying on the table, it would be pretty easy to find a bid discrepancy in just a couple of hours.
Counselor Ramsay said in this situation, the bid was for per square foot instead of per square yard.
Councilman Beer said he understood that, but it is easy for a bidder to rationalize that later; when he finds that he’s dropped $75,000, it would be easy to come back and say, “Gee whiz, I submitted the wrong unit of price.”
The vote: “Aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. “Nay” – Councilman Wayne Beer. (3-1).
Item 5b. on
the Agenda. RESOLUTION R-07-31,
authorizing the City Manager to accept a Bill of
Sale from Reveda of Gladstone, Incorporated, and Bazin Excavating, conveying
certain Storm Sewer Main, Water Main, Sanitary Sewer Main and Streets built in
conjunction with construction of Santerra at
Councilman Wayne Beer moved to adopt RESOLUTION R-07-31, authorizing
the City Manager to accept a Bill of Sale from Reveda of Gladstone,
Incorporated, and Bazin Excavating, conveying certain Storm Sewer Main, Water
Main, Sanitary Sewer Main and Streets built in conjunction with construction of
Santerra at
Councilman Beer said he
did not notice in the text of the Resolution the stormwater basin; however, it
just occurred to him, the reason that may be is because the stormwater basin is
in Oakview, so we do not have anything to say about it.
The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (4-0).
SPECIAL PRESENTATION BY MAYOR
LES SMITH TO MR. JOE MONACHINO, SR.
Mayor Smith invited Mr. Joe
Monachino to join him at the podium and began his introduction by saying that
Mr. Monachino is his former high school teacher. Mayor Smith stated that Mr. Monachino
recently received the 2007 Christa McAuliffe Pioneer in Education Award from
the Northland Regional Chamber of Commerce at a large banquet with over a 1,000
people in attendance, honoring students and educators alike. Mayor Smith said that as many know, our City
has a Christa McAuliffe monument. Joe Wally
solicited the help of Bert Rothschild and other people to raise money to build
the monument honoring Christa McAuliffe, the first teacher in space. Mayor Smith said he thought it was fitting as
Mr. Monachino has taught so many, and is a former
Mayor Smith said it was a real honor for him to recognize Mr. Monachino. Mayor Smith said whether it was as a teacher, as a football coach, or Mr. Monachino’s many other roles, in everything he did, he taught Mayor Smith how to deal with issues with class and with character. Mayor Smith said there are very few people in your life that when you look back, you realize that they had a huge impact and influence on your life. Mayor Smith said he tries to represent this community, regardless of the circumstances, with class, which he learned from Mr. Monachino.
Mayor Smith read and presented a proclamation to Mr. Joe Monachino, Sr., recognizing his many contributions to the Northland Community. Following applause from the audience, Mr. Monachino thanked Mayor Smith and said his career in teaching has been a good 40+ years for him. Mayor Smith introduced Mr. Monachino’s wife, Anne, who was in attendance, and stated that their son, Joe Monachino, Jr. is carrying on his father’s legacy and is the principal at St. Pius X High School. Mayor Smith said he is sure they are very proud of their son, as well they should be.
Item 6. on the Agenda. COMMUNICATIONS FROM THE
AUDIENCE.
Bonnie Herman, 5812 North Norton, said she submitted a complaint regarding a decision made about a German Shepherd in her neighborhood that bit her daughter, and has not been labeled a dangerous dog. Ms. Herman said she was curious as to what can be done to make sure the dog doesn’t bite anyone else.
Mayor Smith asked Counselor Ramsay to update Council members on this issue.
Counselor Ramsay said his understanding is that the Animal Control Officer, in the course of having impounded the dog for 10 days for rabies observation, had a chance to interact with the dog and determined that the dog did not meet the criteria in our Ordinance for a dangerous animal, and she felt this bite was an isolated incident. Counselor Ramsay said the owner has a high stockade fence and gate, which is certainly secure enough to hold the dog, except for the fact that the dog got loose through the gate because the owner apparently wasn’t paying attention to the fact that the dog was in the yard, and that is when the bite occurred. Counselor Ramsay said he understands from Captain Clark, who is the supervisor of Animal Control, that he interviewed several neighbors, who expressed their opinion that the dog had not been a problem and did not pose a danger in the neighborhood. Counselor Ramsay said based on those observations and investigation, it was determined that the dog should not be labeled a dangerous animal. Obviously, the record of this dog bite is being retained by Animal Control, and any other incidents will probably lead them to change that designation.
Mayor Smith asked if there is a formal appeal process from this side; he knows there is a process from the owner’s side if the dog is deemed dangerous.
Counselor Ramsay said our Ordinance is directed at appeals by the owner of a dog, and there really isn’t a process in the Ordinance for an appeal by another party concerned about an animal.
Councilman Beer asked Ms. Herman what kind of injuries were sustained by her child.
Ms. Herman replied her daughter had a two-inch gash that required four stitches at the emergency room at North Kansas City Hospital. Ms. Herman said she read the Ordinance which says that the term “dangerous animal” means any animal which bites, inflicts injury, assaults or attacks a human or domestic animal without provocation on public or private property. Ms. Herman said this is the Ordinance that City Council members just passed, and it seems fairly straight forward to her that any animal that bites is deemed a dangerous animal. Ms. Herman said that is her main concern, because it did require stitches; it is a big bite.
Councilman Beer asked Ms. Herman if she was compensated or reimbursed for the cost of the injuries.
Ms. Herman replied she had not sought that yet; her only concern is that the dog cannot get out to bite her daughter again, or anyone else, or bite another dog. Ms. Herman said she has a dog, and all of her relatives live in the neighborhood. Ms. Herman said if the owner cannot control the dog, and the gate doesn’t hold it in, what is to stop it from getting out again and biting someone else.
Councilman Beer stated that protection from a dangerous dog is difficult to attain, which is one of the issues with which he has the greatest concern. If a dog did in fact get out and cause damage, there would be a form of additional insurance available that would cover most, if not all the cost of injuries sustained by a bite victim. Councilman Beer said the Council did give in the Ordinance discretion by the City’s Animal Control officers to make the judgment about whether a dog is dangerous. Councilman Beer said he is in support of the Council’s position in that regard, but he does believe that any injured party should be reimbursed as a minimum for the cost of their injuries.
Councilman Carol Rudi addressed the owner of the dog, who was present, and said at a minimum the gate should be kept locked under all circumstances, and asked the owner if there was a way to assure Ms. Herman that the dog will never get out again. Councilman Rudi said that really is Ms. Herman’s question – how do we keep the dog from ever getting out again? Councilman Rudi said this also includes if the dog owner ever opens the front door to say hello to someone, the dog doesn’t just rush out the door, and she agrees that the dog needs to be kept in. Councilman Rudi said she does not know the circumstances or why the dog did this, but we need to know that the dog will not get out again.
Amber Smith, 5813 North Norton, said she is the previous owner of the dog, and she has three small children. Ms. Smith said this is the sweetest dog, and she would trust him with any one of her children. He stays with Linda now because she does not have time to walk him, and she needs to know that he is able to get out of the house, out of the yard on a leash, and be walked. Ms. Smith said he is a delightful dog; in fact, there were several neighbors in the audience to say just that – he is very sweet and very kind. The situation was that he was startled. Accidents do happen; the child was startled and the dog was startled. Ms. Smith said although she did not see the incident, she was told the child threw her arms, which startled the dog. Ms. Smith said she did not believe the dog attacked her, it was just a bad situation.
Ms. Smith and Ms. Herman directed comments to each other in the audience.
Councilman Rudi asked if there was a way to do some mediation with Animal Control and the dog’s owner, former owner and Ms. Herman, to find a way to work this out, because it’s a nice dog that is easily startled. We need to find a way to resolve this.
City Manager Davis replied
that Animal Control had the dog for ten days, analyzing it, playing and working
with it, to see if it is indeed easily provoked and a dangerous dog in the
Animal Control officers’ opinion. City
Manager Davis said the officers found that this dog is not a dangerous dog, but
instead is very friendly and would make a good pet. City Manager Davis said he does not know the
situation regarding getting into the back yard; apparently, the dog owners was
pulling the car into their driveway through the gate and they did not realize
the dog was loose in the back yard.
Animal Control Supervisor
Angie Lee said her understanding is that the dog was in the yard, and the owner
was trying to shut the gate, when the dog got out of the gate as the girl was
approaching.
City Manager Davis said he
believes the confluence of the dog and the girl happened very quickly, and it
scared everyone, which is the theory behind the bite. The feeling from Animal Control is with the
fence and the facilities in the back yard that generally control the dog, an
adequate amount of protection is still available. City Manager Davis said as far as any type of
mediation is concerned, he would never rule that out; we encourage neighbors to
talk to neighbors in a lot of different ways and in a lot of worse situations
than this. Sergeant King is very adept
at handling those types of activities, and if the Council desires, we can
intervene to some extent. City Manager
Davis said the concern about the dog being a dangerous dog was measured and
mitigated appropriately.
Councilman Rudi said she
does not disagree with the City’s officers, and as Councilman Beer said we have
given them the responsibility of making those decisions, but we still have a
neighborhood issue that we need to address.
If the three people most directly involved could sit down and say this
type of lock needs to be on the gate, or something that would satisfy the
perceived dangerous situation, that would be her first recommendation that the
three people try to work this out, and if they have a problem then the City
could become involved with some mediation.
Linda Gibson said she is the owner of the
dog, Truman, right now. Since this
incident occurred she had done some other measures with her gate. She has put up higher things on the gate so Truman
cannot see out. Ms. Gibson said she can
see outside from her family room, but nobody can see that she can see
them. A man came by and was poking a
stick into the gate, prodding at Truman.
Ms. Gibson said she is certainly sorry for this occurrence; it happened
in one second when she was closing the gate.
She didn’t see anyone approaching, and she never did see the young
girl’s face at all. Ms. Gibson said it
was 100 percent her fault. It was not
the girl’s; it was not the dog’s fault; it was her fault. Ms. Gibson said the girl scared the dog, and
he scared her, and she started screaming and flailing her arms, and in her mind
she believes the dog was protecting her.
Mayor Smith said it was an
unfortunate accident, but had it been our daughter, we would probably feel as
strongly as does Ms. Herman. It sounds
like it was an accident, and the City did make a provision for the City’s
professionals to provide some analysis on the animal; they have measured that
and made a determination, and from his standpoint, he feels we need to support
that. Mayor Smith said if the two or
three people can get together and there is something that makes Ms. Herman feel
better that the situation has been addressed, that would be good. It doesn’t sound like this is an attack dog
or a dangerous animal. It just sounds
like it was an unfortunate incident.
Ms. Gibson said the reason
she has not talked to Ms. Herman is because the mother came down to her house
and the only thing that is her goal is for the dog to be put down. Ms. Gibson said she did not know what to say
to her, as she does not have the experience with that and she does not think
she will be happy with anything else, but the death of the dog.
Mayor Smith said City staff
has made the determination that the City is not going to mandate that. Mayor Smith said he would like to see the two
or three people visit and rectify the situation. Mayor Smith said our City has a leash law because
his sister was attacked by a poodle when she was five years old, and his father
was the Mayor at that time. Mayor Smith
said he has to support what Animal Control Supervisor Lee and her staff have
concluded, that the dog is not deemed dangerous. He would like to see the neighborhood work
this out, and if not, Sergeant King would be happy to sit down with all
involved and act as a mediator, which he has done for the City and he does a
good job. Mayor Smith said he is very
sorry this incident happened because there are three really sad ladies and one
very sad young lady. Hopefully everyone
can do what they are doing now and talk through the issue.
Mayor Pro Tem Mark Revenaugh
said he does not like to see the City going down the path of offering mediation
amongst neighbors. Now it is a dog bite,
but the next time it could be a property dispute. There are professional mediators available to
both parties, short of a lawsuit, and any attorney would know who they are.
Mayor Smith said the City
does do some mediation, and specifically with property disputes, and that is
one of the roles that Sergeant Richard King fills for the City. We find that getting involved in that, we
avoid a lot of situations escalating beyond just a neighbor dispute. Mayor Smith said he agrees with Mayor Pro Tem
Revenaugh in that the City does need to draw the line somewhere, but Sergeant
King does have some experience with mediation.
Mayor Smith, noting the neighbors were visiting in the audience, said he
believes they are well on their way to working out the concern.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY
COUNCIL.
Councilman Wayne Beer stated Council members
received an e-mail from Steve Forsythe, a resident of Gladstone, that was
reflecting that Channel 5 News some weeks ago was doing an investigation,
checking out Police Departments in regards to vigilance and the actions of
Police Departments, whereby they apparently came to Gladstone’s parking
lot. As part of the investigation, they
were roaming around in the parking lot amongst the cars. Mr. Forsythe saw the broadcast of that investigation,
and the broadcast identified Gladstone as having “caught on” to the activities
in the parking lot, and was able to intervene and stop the activities. They were then advised at that time that
Gladstone was part of an investigation that “we passed”. Councilman Beer said according to the e-mail,
Gladstone was the only one who passed the test, and he thinks Public Safety
Director Bill Adamo and his staff are to be congratulated for “making the
grade”. Councilman Beer thanked Director
Adamo for his department’s good work.
Councilman Beer said one of
our City’s Public Safety officers, Firefighter Aaron Gagnepain has been called
up from the Army Reserves to active duty in Iraq for about 430 days. He will be deployed for hospital duty in Al
Asad. Councilman Beer said our thoughts
and prayers go with him and we are proud of him – I am proud of him.
Mayor Smith agreed that we
are all proud of Firefighter Gagnepain.
Mayor
Pro Tem Mark Revenaugh had no comments at this time.
Mayor Les Smith said Councilman Beer forgot
to mention the other resident that e-mailed Council members about his
appreciation for the free brush disposal on Beautification Week.
Item 7a. on the Agenda. APPROVAL OF THE COMPREHENSIVE PLAN STEERING COMMITTEE.
Assistant City Manager Scott Wingerson explained that the Comprehensive Plan is a broad based 20-year plan for the community, touching a variety of areas. Some of them are traffic, land use, economic development, neighborhoods, park amenities, quality of life issues, and so forth. Staff has been working on this project internally for three or four months, and the appointment of the Steering Committee is the start of the public engagement process. There are 10 or 12 people involved as a Steering Committee, and it is hoped to involve hundreds and hundreds of people in Gladstone to help in coming up with the best plan possible for the next 20 years.
Councilman Carol Rudi moved
the following people be appointed to the Comprehensive Plan Steering Committee:
Mayor Les Smith, Gladstone
on the Move Co-Chairman Jean Moore, Planning Commission Chairman Brian Hill,
Planning Commissioner Carol Suter, Parks and Recreation Advisory Board Chairman
John Houlihan, Capital Improvement Committee Chairman Pete Hall, Gladstone
Economic Betterment Council Chairman Mark Tankesley, Neighborhood
Representative Carolyn Vellar, North Kansas City School District Chief
Financial Officer Paul Harrell, Gladstone Area Chamber of Commerce member Larry
Janacaro, and City Manager Kirk Davis, with assistance from Assistant City
Manager Scott Wingerson and Planning Specialist Chris Helmer.
Councilman Wayne Beer
seconded.
Mayor Smith stated this is a
steering committee and there will be plenty of opportunity and invitations sent
for folks to participate in the Comprehensive Plan process.
The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (4-0).
Mayor Smith asked Assistant
City Manager Wingerson to contact the individuals to see if they would be
interested in serving on this committee.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY
MANAGER.
City Manager Kirk Davis invited everyone to the
annual Bluesfest on June 8th and 9th, in Oak Grove
Park. It will be a good time as usual.
Mayor Smith invited everyone
to the Municipal Pool Dedication on May 26th , at 11:30 AM, with the
pool to open for the season at 12:00 noon on that day. Mayor Smith said he hopes everyone will be
able to attend.
Item 9. on the Agenda. PUBLIC
HEARING: for consideration of a
Special Use Permit subject to certain conditions to Selective Site Consultants
for operation of a Communications Tower Facility on property located at 6221
North Chestnut. Applicant: Selective Site Consultants,
Incorporated. Owner: Cascone Land Company. File No. 1295
Mayor Smith opened the Public Hearing and
immediately continued the Public Hearing until the June 11, 2007, City Council
meeting at the request of the applicant.
Item 10. on the Agenda. PUBLIC HEARING: for consideration of a
Special Use Permit subject to certain conditions to Selective Site Consultants
for operation of a Communications Tower Facility on property located at 1500
Northeast Englewood Road. Applicant: Selective Site Consultants,
Incorporated. Owner: F.R.A.H, Inc. (Knights of Columbus). File No. 1291
Mayor
Smith opened the Public Hearing and immediately continued the Public Hearing
until the June 25, 2007, City Council meeting at the request of the applicant.
Item 11. on the Agenda. RESOLUTION R-07-34, directing public improvements to Northeast
64th Street between North Howard and Missouri M-1 Highway.
Councilman Wayne Beer moved to adopt RESOLUTION R-07-34, directing public improvements to Northeast 64th Street between North Howard and Missouri M-1 Highway. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (4-0).
Item 12. on the Agenda. RESOLUTION 07-35,
adopting written findings declaring property located at 3707 NE 56th Terrace as
a dangerous building.
Councilman Wayne Beer moved to adopt RESOLUTION 07-35, adopting written findings declaring property located at 3707 NE 56th Terrace as a dangerous building. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (4-0).
Item 13. on the Agenda. FIRST READING BILL 07-11, establishing certain fees and charges for
Year-Round Brush and Yard Waste Disposal provided by the City of Gladstone,
Missouri, and amending all prior Ordinances inconsistent therewith.
Councilman Carol Rudi moved to place Bill 07-11 on
First Reading. Councilman Wayne Beer
seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman
Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (4-0).
The Clerk read the Bill.
Councilman Carol Rudi moved to accept the First Reading of Bill 07-11, Waive the Rule and place the Bill on Second and Final Reading. Councilman Wayne Beer seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (4-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the Second and Final Reading of Bill 07-11 and enact the Bill as Ordinance 4.029. Councilman Wayne Beer seconded.
Mayor Smith said he is torn as to whether to vote
for or against this Bill, he wished to state his objections for the
record. Mayor Smith said he wanted to be
on the record that he supports the year-around brush disposal. His concerns are twofold. One is that there is a little bit of
discretion in the fee structure for charging people as they come to dispose of
their brush and he thinks that should be a black and white situation as best as
possible. Mayor Smith said with this,
the City will be eliminating the City’s free brush disposal in the fall, and
his number one issue with that is that he doesn’t believe we should do
that. He believes this is one of those
privileges of being a Gladstone resident and he believes it is a nickel and
dime issue, and we ask our residents to support the big issues, and he feels it
is a privilege of living in our City.
Mayor Smith said, secondly, if we are going to charge for either one of our brush disposal events, we should be charging no more than what the event costs. By all projections provided by Staff, we will be actually experiencing a windfall in revenues from this brush disposal. Mayor Smith said anything beyond a cost neutral position he believes we should not be doing. Mayor Smith said he would be voting in favor of this Bill to support the brush disposal as a whole, but feels like he cannot support the fee structure.
Councilman Rudi stated she would be voting in favor of this Bill, because she does support the charge for the fall brush disposal. The advisory board recommended the fee structure and recommended charging for the fall event. There has also been some discussion as to if there is a fair amount of money made by this, there is the possibility of reinstating the free disposal, so it is not that the fees are locked in forever. Councilman Rudi said she would be following the recommendation of the Environmental Management Advisory Committee.
Roll Call Vote:
All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem
Mark Revenaugh and Mayor Les Smith.
(4-0).
Item 14. on the Agenda. FIRST READING BILL 07-12, amending Ordinance
Number 3.947 by adding two new chapters concerning “Outdoor Special Events” and
“Fences and Walls” to the “Building and Construction Ordinance” of the City of
Gladstone, Missouri.
Counselor Ramsay stated it
appears that there is some confusion on the face sheet of this Ordinance,
because we currently have a Chapter entitled Outdoor Special Events. Counselor Ramsay asked that as Council has
not taken up this Bill yet, if Council would consider adding in the Ordinance
an item Number 4. under Section 1., that simply says, “Chapter 125 of Title II
of the Code of Ordinances entitled “Outdoor Special Events is hereby repealed”,
because the new Chapter 24 is going into Title IX of the City’s Municipal Code,
and this will clarify that we do not have two opposing sections on the same
subject matter.
Councilman Wayne Beer moved to place substitute Bill
07-12 on First Reading. Councilman Mark
Revenaugh seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman
Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (4-0).
The Clerk read the Bill.
Councilman Wayne Beer moved to accept the First Reading of substitute Bill 07-12, Waive the Rule and place the Bill on Second and Final Reading. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (4-0). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the Second and Final Reading of substitute Bill 07-12 and enact the Bill as Ordinance 4.030. Councilman Mark Revenaugh seconded.
Roll Call Vote:
All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem
Mark Revenaugh and Mayor Les Smith.
(4-0).
Item 15. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 16. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from
the News Media.
Item 17. on the Agenda. ADJOURNMENT.
There being no further
business to come before the May 14, 2007, Gladstone Regular City Council
Meeting, Mayor Les Smith adjourned the regular meeting.
Respectfully submitted:
______________________________
Cathy Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Les Smith