CITY COUNCIL MEETING
MONDAY, JUNE 25, 2007
REGULAR CITY COUNCIL MEETING
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
Mayor Les Smith opened the Regular June 25, 2007, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.
Item 2. on the Agenda. ROLL CALL
Mayor Smith noted that all four Council members were present this evening.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Smith recognized Boy Scout Tim Parnacott, who is working on his Communication Badge, and invited him to lead the Pledge of Allegiance, in which all joined.
Mayor Smith thanked Mr. Parnacott and noted that his brother, Chris, has also led the Pledge of Allegiance at a City Council meeting.
Item 4. on the Agenda. APPROVAL OF THE REGULAR JUNE 11, 2007, CITY COUNCIL MEETING MINUTES.
Councilman Carol Rudi moved to approve the Regular June 11, 2007, City Council Meeting Minutes as presented. 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).
Item 5. on the Agenda. PROCLAMATION: Celebrating the 20th Anniversary of the Gladstone Theatre in the Park.
Mayor Smith read a Proclamation celebrating the 20th Anniversary of the Gladstone Theatre in the Park. Michelle Coon, Theatre in the Park Advisory Council member, was on hand to accept the Proclamation.
Councilman Carol Rudi inquired into the second production.
Ms. Coon replied the second production would be “Beauty and the Beast”. This will be shown for two weekends, which is a first for Theatre in the Park productions.
Item 6. on the Agenda. PRESENTATION OF
CERTIFICATES of recognition to the graduates of the
Mayor Smith invited Sergeant Richard King, Public Information Officer, to provide a brief overview of the academy.
Sergeant King reported this
academy has been an exciting experience for the City staff and the participants
in the program. This program was
developed from the
Staff is preparing for the
second offering of the
Councilman Beer said
Sergeant King mentioned the
Sergeant King replied the graduates would say Council members would definitely want to see their planning project, and he believes that Council members would be surprised at how close it is to some things that Staff has already shared with Council. Economic Development Administrator Melinda Mehaffy led the planning exercise with the Academy participants, and she was very pleased with their ideas, as they ran very parallel with what Staff and Council believe.
Mayor Smith stated there
was a reception in the City Hall conference room prior to the City Council
meeting, and the thing that struck him was that folks really want to learn, and
they understand now exactly how the City works, and they hold the City staff in
very high regard. The
Mayor Smith and City Council members presented
Certificates of Recognition and City lapel pins to the graduates of the
Carl Pacubas, Rachael Pacubas, Karen Simms, Chuck Weber, Carolyn Vellar, Arlene Segal, Robert Teel, Luellyn Teel, John Garner, Clarence Sapp, Larry Delmont, Joseph Parnacott, David Velasquez, Don Horton, and Jean Moore.
Note: Beth Houlihan, Marialice Estopare, Melanie Driskell, Diana Snyder, and Carol Suter, were unable to attend.
Item 7. on the Agenda CONSENT AGENDA
Following the Clerk’s reading, Councilman Wayne Beer moved to accept the Consent Agenda 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).
Councilman Wayne Beer moved to approve the Annual Liquor License Renewals as follows:
· Kwik Shoppe, 7603 North Oak Trafficway, 6 Day Package Liquor License.
· KC Northland Elks, 7010 North Cherry, Class A&B Liquor by the Drink License.
Quik Trip #237, 6309 NE
Quik Trip #181;
· Bubbles,7407 North Oak Trafficway, 7 Day Package Liquor License.
· Price Chopper, 6475 N Prospect, 7 Day Package Liquor and Wine Tasting License.
· Wasahi, LLC, 328 NE 72 Street, Class A&B Liquor by the Drink License.
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 8. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Kim Forslund, 3515 NE 61st Terrace, began by saying she attended a City Council meeting a few weeks ago and spoke about the Bull Terrier addition to the Gladstone Animal Control Ordinance. Ms. Forslund asked if Council had an opportunity to review the information she provided, which is the third packet she has given to City Council members. Ms. Forslund said she provided the first packet in June 2006, and she provided information in February of this year. The cover letters asks that Council not just take her advice, but that Council members do their own research. Ms. Forslund said she understands that most of what Gladstone adopted was from Liberty’s Ordinance, but she wasn’t sure how Gladstone went about verifying all of their information; what empirical data was used in making the decision, and if Council had a chance to look at the recommendations from the pet salon owners, the dog trainers, as well as the veterinarians in this area, urging that Bull Terriers be taken off the dangerous dog list, as it is not a Pit Bull.
Mayor Smith stated he does not know if his colleagues went through all of these steps; however, he is certainly not qualified in this area. City Manager Davis and City Counselor Ramsay were asked to look into the issue, and he believed a recommendation was received from Animal Control. Mayor Smith asked City Manager Kirk Davis to address this issue.
Ms. Forslund said when she met with Captain Clark and the Animal Control officer, that is not what they told her. Ms. Forslund said she would like to know what data was used, because she wasn’t just looking for information that benefited her, when she chose this breed of dog. Ms. Forslund said he has two small children, and she is curious to know what is the 50/50 – does it mean temperament? American Temperament Tests Society rates them better than Beagles and Basset Hounds.
Mayor Smith said as he recalls in a memo, he believes what City Manager Davis is referring to is in the research done it was found that depending on how much research is done and how much you want to read, the results will come out 50/50, which is what the Animal Control officer found. Mayor Smith said is that exactly 50 percent versus 50 percent – no, but what Council has been told is that for every argument “for”, there is an argument against.
Ms. Forslund asked for clarification, is this for the specific breed – the English Bull Terrier?
Mayor Smith agreed that would be a good idea, and said Ms. Forslund deserves some final answer from the City Council.
Ms. Forslund said she would be happy to meet with Captain Clark again.
Mayor Pro Tem Mark Revenaugh said he did not recall who it was from, but a communication in the Council Packet stated it was not recommended to make an exception to the Ordinance, and he was curious if that was not in fact communicated to Ms. Forslund.
Ms. Forslund said what was communicated to her that Council was most likely not going to make a change in the Ordinance; it had nothing to do with facts.
Mayor Smith stated from his standpoint only, just to be perfectly clear, if our Staff is qualified to make that judgment, and recommends to him again as they did in the last memo that has been referenced, that this breed not be excluded, he will not support excluding it. Mayor Smith said he is going with their call, and right now their call is to leave the Ordinance as it is. Mayor Smith said he wished to be perfectly honest and candid, so Ms. Forslund will know where he stands. Mayor Smith said he is going to rely on Staff to provide that information to him, and if it is that way or if it is decided to revisit this issue, that is fine, but if the recommendation comes back the same way, that is the direction he will go.
Ms. Forslund stated where Animal Control actually stands, if that is BSL (breed specific legislation) in general, is a bad idea, and they communicated that to City Council members.
Mayor Smith said the City has adopted an Ordinance and that is the Ordinance, unless Animal Control says that breed should be excluded, he is not wavering on this.
Ms. Forslund said she has a concern that maybe Mayor Smith’s personal fear of dogs had something to do with the way that he voted, as opposed to doing what’s best for the City, and the citizens.
Mayor Smith said there are 27,000 people in this City and 26,000 people are perfectly content with what City Council is doing, and the other 1,000 people have been heard from about five times. Mayor Smith said he is rock solid as to where he stands on this issue, and he understands that there is as much argument for as against, and the City did everything it was asked to do for existing Pit Bull owners, and that is why they were given an opportunity to….
Ms. Forslund interrupted Mayor Smith and said her dog is not a Pit Bull.
Mayor Smith said his vote stands and he is not changing it, and it has nothing to do with his personal preference; it has to do with what he feels this community has asked for and the greater good, and those are the people he represents. Mayor Smith said he is sorry Ms. Forslund’s breed of dog is included in the dangerous animal legislation. Mayor Smith said he apologized for that; that is the professional opinion and recommendation that was given from Animal Control, Public Safety, and the City’s legal counsel, and that is what he has to follow.
Ms. Forslund said that is where she is confused, because that is not what was communicated to her, so she will be looking forward to that information.
John Garner, 111 Heatherton Court, stated since the curbs and sidewalks have been done, when do the gaps between them get filled, and whose responsibility is that?
Mayor Smith asked which streets Mr. Garner was referencing.
Mr. Garner said every place that it has been done on North Oak Trafficway.
Public Works Director Chuck Williams stated some curb and gutter work has recently been completed around several locations within the community, and there is in some places an average of about a two-inch gap between the exiting asphalt and the new curb. In places where there are driveways, they have been filled in with some temporary asphalt. There is a pre-construction meeting later this week with the contractor on the North Oak Mill and Overlay Project. The contractor is anxious to get started. Staff is waiting on the signatures on the contract from the second phase of the project, and as soon as Staff has those, a pre- construction meeting will be scheduled, and they will start, so they will be doing it. Director Williams said if Mr. Garner has a particular location where he thinks there is a hazard created by a narrow gap, he would certainly address it in a temporary manner.
Mayor Smith said there is some economy in doing that work all at once throughout the City, and asked Director Williams if that was correct.
Director Williams stated that was correct. Staff likes to do the curb and gutter work with a separate contract from the asphalt work, because it is concrete versus asphalt, and generally the same contractor does not do both.
Councilman Rudi pointed out that Mr. Garner shook his head, “no”, in regard to there being a specific location that was dangerous.
Mr. Garner said he was just curious when it was going to be done, as the work has been done for six to eight weeks now.
Councilman Rudi said around her house there is the same thing. It is a process, step 1, step 2, etc.
Mayor Smith said first the curb and gutter work is done, and the mill and overlay is done after that. The contractor comes to town once, and there are not the mobilization fees and so forth, and the City gets more work done for the same cost.
Item 9. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Wayne Beer stated the process for appointing a City Council person to complete the term of Councilman Cross was discussed during the Open Study Session prior to the City Council meeting.
Councilman Wayne Beer moved
to approve the process as follows: The
City Council is seeking residents who are interested in serving on the City
Council to fill the vacancy left at the passing of Councilman Bill Cross. Under State of
Mayor Les Smith stated that State Statutes do not specify a plan or a process for the appointment of a replacement for Councilman Cross. Hopefully by the first of August or shortly thereafter, Council will appoint someone to fill the remaining portion of Councilman Cross’s term up to the next regularly scheduled election, which is next April. At that point in time, there will be an election held to fill the final one-year of the 3-year term, and at that point the seat would then go to the regular 3-year cycle. Mayor Smith said this will be a very transparent process, and Council will do everything they can to encourage people who might be interested and meet the qualifications to submit their resumes to the City Council. Mayor Smith said it is important that people know a bit about the process of municipal government, so they can catch up to speed and “hit the ground running”; whether that be experience from an elected position, an appointed position, or simply a volunteer position, City Council encourages anyone and everyone who is interested in serving to please have their resumes and letters of interest submitted to the City Clerk prior to the 16th of July at 5:00 PM.
The vote: All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (4-0).
Mayor Smith asked City Manager Davis to be certain that press releases are sent out first thing in the morning so local papers can carry this as well.
Public Works Director Williams replied the brush disposal has begun at the Public Works facility. The drop-off facility is open for residents on Monday, Wednesday, and Friday, from 9:00 AM to 4:00 PM. There has been on an average six or more people each day bringing brush and dropping it off, and it has received very positive feed-back so far. It started about two weeks ago.
Councilman Rudi stated, for the audience, that this is a fee based drop-off, and if residents have brush, limbs, yard waste or that kind of thing, it will be accepted as Director Williams outlined.
Public Works Director Williams said that is correct; it is $1.00 per paper bag for yard waste and brush that can fit in the paper bag; a level pick-up bed load is $10.00, and if it is piled up it is $15.00 or $20.00. Staff does use some judgment if someone brings in a lot of heavy wood product, where they have cut down a tree; that is an additional fee, because it generates a larger volume.
Councilman Rudi congratulated everyone who
participated in the Future Leaders Academy.
It is a wonderful program.
Councilman Rudi said the
Mayor Pro Tem Mark Revenaugh said he did not believe he
could add anything more to what Councilman Rudi just said. Mayor Pro Tem Revenaugh offered
congratulations to the
Item 10. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis
reminded everyone that on June 30th, from 8:00 AM to 12:00 Noon,
there is a battery, oil, antifreeze and paint recycling effort going on at
Public Works, and invited everyone to participate. City Manager
Item 11. 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
Note: Following is a transcript of the Public
Hearing, prepared by
Item 12. on the Agenda. FIRST READING BILL 07-17, establishing an Automated Traffic Signal Enforcement System in the City of Gladstone, Missouri, prohibiting the violation of traffic signals as detected by the automated system, and setting forth the penalties for violations.
Mayor Pro Tem Mark Revenaugh moved to place Bill 07-17 on First Reading. 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). The Clerk read the Bill.
Mayor Pro Tem Mark Revenaugh moved to accept the First Reading of Bill 07-17, Waive the Rule and place the Bill on Second and Final Reading. 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). The Clerk read the Bill.
Mayor Pro Tem Mark Revenaugh moved to accept the Second and Final Reading of Bill 07-17 and enact the Bill as Ordinance 4.035. Councilman Carol Rudi seconded.
Roll Call 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. OTHER BUSINESS.
There was no other business.
Item 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 June 25, 2007,
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Les Smith