CITY COUNCIL MEETING
MONDAY, JULY 9, 2007
ADJOURNMENT TO CLOSED EXECUTIVE SESSION
Mayor Les Smith opened the City Council Meeting to adjourn to a Closed Executive Session on July 9, 2007, at 6:00 PM. Councilman Carol Rudi made a motion to adjourn to Closed Executive Session pursuant to Missouri Open Meeting Act Exemption 610.021 (1) for Litigation and Confidential or Privileged Communications with Legal Counsel, and 610.021 (2) for Real Estate Acquisition Discussion, and 610.21(3) for Personnel Discussion. Mayor Pro Tem Mark Revenaugh seconded.
Roll Call Vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, Mayor Les Smith. (3-0).
Mayor Les Smith recessed the Closed Executive Session to go into an Open Study Session at 7:00 PM.
REGULAR CITY COUNCIL MEETING
PRESENT: Mayor Les Smith
Mayor Pro Tem Mark Revenaugh
Councilman Carol Rudi
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: Councilman Wayne Beer
Mayor Les Smith opened the Regular July 9, 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 Wayne Beer, who was out of town.
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 JUNE 25, 2007, CITY COUNCIL MEETING MINUTES.
Mayor Pro Tem Mark Revenaugh moved to approve the Regular June 25, 2007, City Council Meeting Minutes as presented. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (3-0).
Item 5. on the Agenda. PROCLAMATION: designating the month of July 2007, as “NATIONAL PARKS AND RECREATION MONTH”.
Mayor Smith read and presented the Proclamation to Parks and Recreation Director Sheila Lillis. Director Lillis thanked Mayor Smith and stated that Parks and Recreation Advisory Board Member Don Harper was in attendance. Mayor Smith invited Mr. Harper to join him and Director Lillis in the front of the room.
Mr. Harper said this is a very nice Proclamation and is very well deserved. Mr. Harper said our City has the nicest Parks and Recreation Staff in the area, which can be seen by the recent events, such as the recent Theatre in the Park production, the new Community Center, and many other programs. Mr. Harper stated he is very proud to be a member of the Parks and Recreation Advisory Board, and part of this City.
Councilman Carol Rudi asked Director Lillis to give a report on upcoming activities in her department.
Director Lillis stated that this Friday, the “Relay for
Life” would be held at
Item 6. on the Agenda CONSENT AGENDA
Councilman Carol Rudi moved to accept the Consent Agenda as presented. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (3-0).
Rudi moved to adopt RESOLUTION
R-07-47, authorizing execution of a contract with Rose-Lan Contractors,
Incorporated, in the total amount not to exceed $611,873.00 for the North Oak
Water Main Replacement-Northeast 72nd Street to
Councilman Carol Rudi moved to adopt Resolution R-07-48, authorizing the City Manager to execute a contract for the production of Streaming Videos with CGI Communications, Inc. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (3-0).
Councilman Carol Rudi moved to approve the Annual Liquor License Renewals as follows:
· The Hide Out Bar & Grill, 6948 North Oak Trafficway, Class A&B Liquor by the Drink License.
· Margarita’s North, Inc, dba Margarita’s, 7013 North Oak, Class A&B Liquor by the Drink License.
· Smokehouse BBQ, 6304 North Oak, Class A&B Liquor by the Drink License.
· Hy-Vee Inc., dba Hy-Vee, 7117 North Prospect, 7 Day Package Liquor and Wine Tasting License.
· Hy-Vee, Inc., dba Hy-Vee Gas, 7121 North Prospect, 7 Day Package Liquor License.
· Archa, LLC, dba Gladstone Mart & Liquor, 7020 North Oak, 7 Day Package Liquor License.
· Aldi #62, dba Aldi’s, 7604 North Oak, 7 Day Package Liquor License.
Applebee’s Neighborhood Bar & Grill,
· Mark & Michelle’s Bar & Grill, 7102 North Oak, Class A Liquor by the Drink License.
· Kyle’s Tap Room, 6825 North Oak, Class A Liquor by the Drink License.
· Big Stones, Inc., dba Stone Canyon Pizza, 6433 N Prospect, Class A&B Liquor by the Drink License.
· Trex Mart #7, 5810 North Antioch, 7 Day Package Liquor License.
Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (3-0).
Councilman Carol Rudi moved to approve the FINANCIAL REPORT FOR MAY 2007. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (3-0).
Item 7. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Larry Newport, 2002 NE 69 Terrace, said the house next door to him has been abandoned, but someone is mowing the grass. Mr. Newport said the house has been abandoned for about a month, and inquired into the process for an abandoned house.
Mayor Smith asked Assistant City Manager Scott Wingerson if he were aware of this property.
Mr. Wingerson indicated “no”.
Mayor Smith said he believed that as long as the property is kept up to codes, there is no vandalism, or folks trespassing, he does not know what the City can do.
Assistant City Manager Wingerson suggested that Staff will look into this matter to see if there is any information that can be forwarded to Mr. Newport.
Kirk Forslund, 3515 NE 61st Terrace, said when his family learned that Gladstone was considering Breed Specific Legislation (BSL), they gathered information to help Council members make an informed decision. It is their understanding that an Animal Control Supervisor attended a conference on this very subject. She returned and information was presented to City Council members some time ago. Councilmembers Carol Rudi and Mark Revenaugh listened to the recommendation of the Animal Control experts and did not vote for the breed specific version of the Ordinance, because the reality is that it does not make the citizens safer. Mr. Forslund said you would not find statistics that support what Council has done. Many cities have in fact repealed the BSL animal Ordinances because it puts undue strain on the understaffed Animal Control Department, and costs more than they thought.
Mr. Forslund said both of the City’s Animal Control Officers have from the beginning stood firm with their recommendation of a non-breed specific Ordinance. National organizations that deal with animals, including veterinarians, have position statements that do not support the breed specific legislation that has been passed. Mr. Forslund said at the last City Council meeting, City Manager Kirk Davis stated that it was Animal Control’s recommendation that Bull Terriers not be removed from the dangerous dog list, because they were bred in the early 1800’s for the sport of dog fighting. Mr. Forslund said this was not the recommendation of Animal Control, and he encouraged anyone in the audience tonight or reading the Minutes later to contact Animal Control and ask their position on BSL. The English Bull Terrier breeder, James Hinks, standardized the breed in England in 1835, and the breed quickly became known as a highly social and loving family pet. The American Kennel Club (AKC) recognized the breed for conformation in 1985, and the AKC best in show from 2005 was a Bull Terrier.
Mr. Forslund said as active members of the community, they chose this breed because it is best suited to their life style. Councilmembers Smith and Beer ignored the facts, statistics, and most disturbing of all, ignored the recommendation of the Animal Control experts of this City, and voted in favor of an Ordinance that is not supported by any experts in the field of animal health and behavior. Mr. Forslund continued by saying it is difficult to explain to their children why they researched breed options, chose a good breeder, attended 18 weeks of obedience class with their dog, and joined the national local clubs only to be told that they will not be allowed to have another dog like this. Mr. Forslund said they are members of the local club, which is in St. Louis, and attend shows in the Midwest, and their children enjoy helping in setting up the shows, and interacting with other Bull Terrier owners. Mr. Forslund said it is shameful that a City Council chooses to pass an Ordinance that is not wanted by the majority of the citizens, the Animal Control Department, and every national organization on this issue, simply because they had the power to do it.
Mr. Forslund said they understand that while Gladstone has not enacted a ban on any one breed, what they have done is worse. They had to tell their daughters that if they ever wanted another Bull Terrier, they would be breaking the law by playing with it in their own back yard. According to this version, based on breed alone, an English Bull Terrier must be kept in an enclosed pen with a floor, roof and sides, even in its own back yard. Mr. Forslund said they encourage Council members to stay true to their word and follow the recommendation of Animal Control Officers and repeal the Breed Specific version of the Ordinance. While this may be embarrassing to admit a mistake was made, it can be done, and has been done all across the country. Mr. Forslund said they encourage all Council members to seek out the facts and do what is right, and not act on information obtained strictly from the media. Mr. Forslund stated the facts speak for themselves; do the right thing, follow the recommendations of the experts you claim to trust, and restore our faith in Gladstone City government. Mr. Forslund invited any questions or comments from City Council members.
Mayor Smith thanked Mr. Forslund for his time.
Mr. Forslund stated it was his understanding that when this all started, Animal Control recommended that the breed specific version was not necessary.
Mayor Smith said he believed that was correct, and he believed that this is a philosophical discussion that was had, and City Council members chose to do otherwise. Mayor Smith said he believed that Animal Control officers recommended that City Council not remove the breed that Mr. Forslund is referencing, and City Council also “grandfathered” in all the residents who have been responsible pet owners and had responsible pets. Mayor Smith said to Mr. Forslund that Council gave him that opportunity and he would challenge Mr. Forslund to verify the fact that the majority of Gladstone residents do not support our legislation. Mayor Smith said Mr. Forslund cannot factualize that and neither could he.
Mr. Forslund said in reading the Minutes dealing with this topic, more citizens spoke out against it than for it.
Mayor Smith said he would challenge Mr. Forslund to find that more citizens are against it than for it. Mayor Smith said between Mr. Forslund and his wife, he respects their persistence and their tenacity, but he believes that Council members have considered this Ordinance and he does not see that will change; the other two Council members may disagree, but Council has enacted this Ordinance and did what they thought was right, an Ordinance is in place, and it is their intent to enforce it. Mayor Smith said he does not know what else to discuss with Mr. Forslund. Mayor Smith said to be perfectly clear, he is not changing his mind, and he knows that he is the one to whom Mr. Forslund is addressing his comments. Mayor Smith said Mr. Forslund may say whatever he wishes, but based on what he has seen, and based on what he has read and based on what he has determined that the residents of this City want, he is not changing his mind.
Mr. Forslund said at the beginning of the discussions several months ago, it was Animal Control’s recommendation that the City not have the Breed Specific Ordinance, and if they recommend that Bull Terriers not be removed now, that is because they believe that all the breeds should be removed, not just because there is something about Bull Terriers that requires them to be on the list. Mr. Forslund said his wife pointed out that none of the surrounding communities have Bull Terriers listed, other than Liberty, and he believes that Independence, Kansas City, Missouri, and Kansas City, Kansas, have had the most trouble or been in the media the most, and none of them list Bull Terriers, so it doesn’t make any sense.
Mayor Smith said the way an Ordinance comes to the City Council is that City staff, led by the City’s legal Counsel in many issues, determines what should or should not be included. They draft the Ordinance for the City Council, and that is the information that the City Council relied upon when they included the breeds. City Council members do not always do exactly what Staff recommends as far as the BSL, which is what Mr. Forslund is discussing. City Council members are not married to Staff, and do not have to take their recommendations. That part of the legislation was more philosophical than it was factual. Mayor Smith said every two weeks Mr. or Mrs. Forslund come to a City Council meeting to debate the issue, and he does not know how to debate the issue with Mr. Forslund, other than to tell him that the City has compromise legislation that allows those citizens that have demonstrated their ability to be responsible pet owners to not have to fall under the new Ordinance. Mayor Smith stated that City Council members tried to protect those who are already in the community, he believes that was a bold step forward. Mayor Smith said he does not know what else to say, other than there is nothing further that Mr. Forslund can say that will make him change his mind.
Mr. Forslund asked how the inclusion of Bull Terriers came about.
Mayor Smith replied that recommendation came forward from City staff.
Mr. Forslund asked how they got that information.
City Manager Davis replied through research of the issue and probably looking at Ordinances in other cities. City Manager Davis said he would be happy to provide that background information to Mr. Forslund from Animal Control.
Mayor Smith said since Mr. Forslund referenced Animal Control’s recommendations, he can tell Mr. Forslund that in the memorandum that he read regarding the Bull Terriers, he believed it said specifically, depending on what you want to read, it’s almost 50/50. Almost every time one reads something that says the Bull Terrier should be excluded, there is something that says they should be included, and that is coming from those authorities.
Mr. Forslund stated Animal Control and other animal experts do not want this in, and if it’s the Staff that includes it at their whim, that is sad, and City Council members are not listening to their own Animal Control Department.
Mayor Smith said he is sorry that is not good enough for Mr. Forslund, but that is the best he can do.
Mr. Forslund said in regard to the letter his wife received, her version of what was discussed is a lot different than the letter. Mr. Forslund said to read from the letter, it says, “at the conclusion of the meeting we advised you that it would be our recommendation that your Bull Terrier should not be excluded from the Ordinance as it is written based on various information sources that include Bull Terriers as dogs originally bred for dog fighting and includes the bully breed classification”. Mr. Forslund said at the conclusion of the meeting his wife was told that the only reason they would not recommend Bull Terriers be removed, is because they did not want to single them out, because they thought they should all be removed, so this is not what his wife was told. The letter is signed by Angie Lee and Captain Clark.
Mayor Smith asked City Manager Davis if Ms. Lee is the Animal Control Supervisor?
City Manager Davis replied that was correct, and this letter was provided to City Council in their informational newsletter.
Mayor Smith asked if Captain Clark is Ms. Lee’s supervisor.
City Manager Davis replied that was correct.
Mayor Smith asked Mr. Forslund what he would like for the City to do.
Mr. Forslund replied he would like the City Council to listen to the Animal Control Department.
Mayor Smith asked short of that, and the decision that has been made, what would Mr. Forslund like for City Council members to do.
Mr. Forslund replied remove the Bull Terriers from the list, and follow the examples of the other cities who drafted an Ordinance, and not Liberty’s whose was written in the ‘80s. Mr. Forslund said Manhattan has drafted an Ordinance and they include 13 breeds, non on which are Bull Terriers. Mr. Forslund said this does not make sense; it was a mistake, and he believes City Councilmembers are afraid to admit that.
Mayor Smith thanked Mr. Forslund for his time.
Larry Thrasher, 2379 NE 68 Street, asked if there was a way to find out about a “park & ride” at Antioch Road and 60th Street, just behind Commerce Bank. This is a triangle lot that has been empty for at least three years. Mr. Thrasher said he did not need an answer, but if something could happen, that would be fine, if not, he would understand. The lot may cost too much.
Mayor Smith addressed Mark Swope from the Kansas City Area Transportation Authority, who was in the audience, and asked him to address this question.
Mr. Swope said he was not familiar with the site, but he would be happy to look at it. The locations of park & rides are determined by access to the location, and how easily people can get to the location. If it is not a place that one can drive to easily, one will not go there. Another determination is how much transit service is available in the area. These are the general concerns. Mr. Swope said he would evaluate the site, and if it would be a site that would be of value as a park & ride, he could initiate the process of making it become one. That means securing some funding from the Federal government, primarily, which is not an insurmountable task, but it takes a little time.
Mayor Smith asked that Mr. Swope communicate his findings with Assistant City Manager Wingerson, who could then pass it on to Mr. Thrasher.
Mr. Swope said he would be happy to do that.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Mayor Pro Tem Mark Revenaugh stated he wished to echo Councilman Rudi’s comments, and said the fireworks display was great, and he commended Director Lillis and the rest of the City, and the Parks and Recreation Department that worked on this. Mayor Pro Tem Revenaugh said a couple of residents asked him if our trees have grown larger, or were the fireworks set to go off at a lower altitude, because they had a more difficult time seeing for some reason this year.
Parks and Recreation Director Lillis reported a lot of that had to do with the air, because of the rain, that makes a difference as to how high fireworks will go. The air was heavy.
Mayor Les Smith stated the 20th Anniversary of Theatre in the Park celebration was one of the more enjoyable events that he has had an opportunity to be a part of, and Councilman Rudi and City Manager Davis helped as well. The transition from the Ibsens to the Theatre in the Park Advisory Council has been seamless. They are really passionate and excited people, and they presented four plaques of appreciation that evening. One plague was presented to Laurie Mayfield, who was the first orchestra – she was a one man orchestra at the very first Theatre in the Park by playing the piano in front of the stage. A plaque was presented to Faye Radar, of the North Star Community Band, for their 19 years of participation with Theatre in the Park, and they presented a plaque to Van and Susie Ibsen for their efforts as the driving force behind Theatre in the Park. They also presented a plaque of appreciation to Parks and Recreation Director Sheila Lillis, who was the Supervisor of Parks and Recreation when Theatre in the Park began. This shows her commitment to the program, and they have been very appreciative of what she has offered over the years. Mayor Smith said it was a great weekend and crowds numbered in the 15,000 to 16,000 range, which is a lot of folks coming to Gladstone. Mayor Smith said going through the history of the Amphitheatre tied in nicely with Theatre in the Park, and it was a good evening for Gladstone.
Item 9. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis stated it gave him great pleasure to inform the City Council that ICMA’s (International City/County Management’s Association) awards evaluation panel has selected the City of Gladstone’s Gladstone on the Move-Citizens Making a Difference program as a recipient of the Association’s 2007 Strategic Leadership and Governance Program Excellence Award. The Strategic Leadership and Governance Award recognizes innovative local government programs and processes that have significantly affected a local governmental organization’s culture or strategic direction. ICMA will recognize the City of Gladstone at their 93rd Annual Conference in Pittsburg this fall. There are 15 cities receiving awards from a pot of communities that circle the globe. There will be 5,000 to 6,000 people at the conference. City Manager Davis said he does not know that the City of Gladstone has ever received an international award from ICMA before, and offered special congratulations to the City Council, Assistant City Manager Scott Wingerson, who managed that process, and to all the folks who participated in it. City Manager Davis said he was very proud of all of those people and the City of Gladstone, and he appreciates the recognition the City of Gladstone will receive.
Mayor Smith said congratulations should also be extended to City Manager Kirk Davis, who brought this program forward to City Council on a couple of occasions; once it did not quite go through, and the second time, it did. Mayor Smith said he wished Mr. Forslund had not left, as he wished to apologize for getting a little defensive, and if Mr. Forslund can provide irrefutable proof that Bull Terriers should be removed from the dangerous dog list, he might change his mind.
Item 10. on the Agenda. APPROVAL OF LIQUOR LICENSE RENEWAL for Gladstone Bowl, Inc., 300 NW 72nd Street, Class A&B Liquor by the Drink License.
Councilman Carol Rudi stated considering the ownership of this business, she would like to move to continue this action to the July 23, 2007 City Council meeting, when Councilman Beer is present. Mayor Pro Tem Mark Revenaugh seconded. The vote: “Aye” – Councilman Carol Rudi and Mayor Pro Tem Mark Revenaugh. Due to a conflict of interest, Mayor Les Smith did not vote. Mayor Smith said this item would be considered at the July 23, 2007 Regular City Council meeting.
Item 11. on the Agenda. Resolution 07-49, authorizing execution of a contract by and between the City of Gladstone, Missouri and the Kansas City Area Transportation Authority to provide Public Transportation for the period of July 1, 2007 through June 30, 2008.
Councilman Carol Rudi moved to adopt Resolution 07-49, authorizing execution of a contract by and between the City of Gladstone, Missouri and the Kansas City Area Transportation Authority to provide Public Transportation for the period of July 1, 2007 through June 30, 2008. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (3-0).
Item 12. on the Agenda. PUBLIC HEARING: for consideration of a Site Plan Revision subject to certain conditions for construction of a Monument Sign at 6129 North Antioch Road. Owner: Missouri CVS Pharmacy, LLC. Applicant: Infinity Sign Systems for Icon Identity Solutions. (File #1299)
Mayor Smith opened the Public Hearing and announced the process for the Public Hearing would be to first hear from City Staff and then the applicant, and then from those in favor of the application and those opposed to the application.
Planning Specialist Chris Helmer began by pointing out that the Staff Report provided to City Council is for the requested action of a site plan revision to allow a monument sign at the CVS Pharmacy at 6129 North Antioch Road, with the general location being Antioch Road and Brooktree Lane. Mr. Helmer stated the following conditions shall be met as conditions to the Staff recommendation: 1. A true monument shall be utilized to serve the development. 2. All landscaping and related improvements shall be maintained in perpetuity. Mr. Helmer said the Ordinance that Council received is essentially the 1993 Ordinance that was the plan for CVS, and Staff has added Items 9 and 10 on that Ordinance to incorporate the landscaping issue, as well as the clause “a true monument shall be utilized to serve the development”.
Mr. Helmer said the applicant is requesting to construct a six foot tall monument sign at the southeast corner of 6129 North Antioch Road. The sign will be 7 feet 10 inches long, and 2 feet 2 ¼ inches wide with an electric readerboard on top of the CVS Pharmacy logo. The proposed monument sign is in compliance with the City’s sign code and meets current regulations for setbacks and square footage. Mr. Helmer said in the planned district, in which this zoning classification is, a CP-3, there is a maximum square footage of 50 square feet for a monument sign at this location. The proposed monument sign is well under that square footage at approximately 32 square feet. The height is also in compliance with City codes. The sight triangle or line of sight for this particular intersection is approximately 20 feet which exceeds the requirements from the Manual for Uniform Traffic Control Devices, which requires a safe sight triangle of 15 feet.
Mr. Helmer stated that when Assistant City Manager Wingerson and he first reviewed the application, they had concerns with traffic safety. After reviewing the original Site Plan, they contacted the applicant and asked if instead of taking the measurement from the inside curb line at the corner of Antioch Road and Brooktree Lane, that there would be actually a setback from the inside of the sidewalk, which would push the monument sign back a little ways more, taking into consideration some of the traffic issues. These are the main issues that Staff had reviewed with the Site Plan. Mr. Helmer said the applicant, Mr. Bourgart, was present this evening.
Mark Bourgart, 1009 NW Timber Oak, Blue Springs, Missouri, said he was with Infinity Signs Systems. Mr. Bourgart said his application was not approved on the preliminary plan; it falls well within the Ordinance and the criteria that was established by the City Ordinance; it just was not on the plan previously. At the City’s request, Staff asked that the monument sign be set back as Mr. Helmer mentioned, and CVS was more than willing to set it back to allow for better visibility since it was possibly an issue. Even though it is a controlled intersection, they wanted to get that sight triangle further back, and CVS was willing to oblige that. Mr. Bourgart said they have made every concession. They did not have time to put together an actual schematic of exactly what the landscaping would be, but that is something they could come back with. If Council would want to approve this application subject to the landscaping, CVS is willing to do whatever Council would want as far as landscaping.
Mr. Bourgart said when he was at the Planning Commission meeting it became a little bit more of a discussion as to whether the Ordinance was correct or whether it should be changed. Mr. Bourgart said the main reason he was present at this meeting is that CVS and a lot of industries have found that this is an effective advertising medium for them to use. The year 2007 is the first year that the Nelson Ratings came back and they could not verify how many people watch television. Because so many people have TEVO at home, they are guessing that 40 percent of the people record TV programs and fast forward through the commercials. People with satellites get the satellite stations and they don’t have to listen to the commercials. Most people don’t get the classified ads; if they want to get a car, they go on line. The advertising medium is in quite a state of flux as to what to do. Companies like CVS have found that about 30 percent of their gross sales are actually through the pharmacy, so they are a point of destination. People come there for that purpose. Seventy percent of their sales are retail sales, and what they need to do is advertise to folks that they don’t have to go to Quik Trip and pay $6.00 for a pack of pop, when they have it for $3.00. They are trying to maintain those sales. When CVS puts in a message center, it doesn’t affect their pharmaceutical sales, but their retail sales go up between 17 and 40 percent, which increases the tax revenue for the City.
Mr. Bourgart said as he drove to this meeting, he drove down North Oak Trafficway, and there are all those message centers tacked on to the top of signs, which is giving a bad look to a lot of cities. Mr. Bourgart said he subscribes to a lot of the trade journals, and what is happening is that a lot of cities have passed moratoriums on message centers, because there is such a demand for them. It is a necessary method anymore to advertise to the public. If CVS can’t sell their retail sales, they will downsize and just have a pharmaceutical store. One of the comments the Planning Commission made is that this is a great spot, if CVS goes under, someone else will take it. Mr. Bourgart said this is not the right attitude to take. As a City, you want to keep the City safe, beautify, and at the same time encourage business to be profitable. What a lot of cities are doing is incorporating into the Ordinance the ability to have message centers, but it can be only about 30 to 40 percent of the sign. They are allowing a larger sign as long as it is ornate and not constrained to the actual square footage of the sign. Mr. Bourgart said in Gladstone, 50 square feet is the maximum signage, and when you have that kind of limitation, the business tries to utilize that to the maximum that they can use.
Mr. Bourgart said in this particular instance, with the limited square footage they have, they are actually asking for a sign that is smaller than the Ordinance would allow. They are also trying to incorporate the message center in a dignified way. They are not trying to have a message center bigger than the sign. They do not want to appear to be a tacky corporation, but they are finding that it is a necessary medium of advertising that they are finding successful in the market place. No one wants everything looking like Times Square in New York City, but that is kind of the direction people are going, because the advertising is not getting out to people in other methods. Point of purchase advertising is effective – they realize it, as does Walgreens down the street who has a message center of similar size. It is going to cost more to get the electrical lines to the sign than the sign itself, but they recognize the benefits of it.
Councilman Rudi inquired into the size of the sign.
Mr. Bourgart said the sign is 6 foot by 7 foot 11 inches.
Councilman Rudi asked what percentage of that is the readerboard.
Mr. Bourgart said the readerboard is a little less than one half if you count the base and the architectural aspects underneath the sign.
Mayor Smith asked how this compares to the CVS sign at 72nd Street and North Oak Trafficway.
Mr. Bourgart replied he did not know.
Councilman Rudi stated this sign is almost at the City’s maximum.
Mr. Bourgart said 50 square feet is the maximum for advertising area, and this sign is under 40 square feet, based on the calculations of Staff, because they don’t count the architectural base underneath the sign, but they do have a six foot limitation on the overall sign.
Councilman Rudi asked if there were a possibility of moving the sign even farther back from Antioch Road.
Mr. Bourgart said they are all the way to the curb – they would be infringing on a parking lot. They are right up against the parking lot now.
Councilman Rudi said the drawing shows there is some space. Councilman Rudi asked if the landscaping would be maintained.
Mr. Bourgart said he could not guarantee that, he is just installing it. His company would be doing the landscaping for them, and he would certainly hope that CVS would want to maintain a positive image in the community and take care of their property, and based upon the investment CVS is making, he cannot see that they would not.
Councilman Rudi said they have invested a lot on that corner already, and there has been some issues.
Mayor Smith pointed out that one of the conditions in the Ordinance is that all landscaping and related improvements shall be maintained in perpetuity.
Comments from those in Favor of the Application
There was no one to speak in favor of the application.
Comments from those in Opposition to the Application
There was no one to speak in opposition to the application.
Mr. Helmer mentioned that the Planning Commission recommended approval of this application with a vote of 5-2, with a lot of issues addressed that the applicant did focus on tonight.
Mayor Smith closed the Public Hearing.
Item 12a. on the Agenda. FIRST READING BILL 07-18, approving a Site Plan Revision subject to certain conditions for construction of a Monument Sign at 6129 North Antioch Road. Owner: Missouri CVS Pharmacy, LLC. Applicant: Infinity Sign Systems for Icon Identity Solutions. (File #1299).
Mayor Pro Tem Mark Revenaugh moved to place Bill No. 07-18 on First Reading. Councilman Carol Rudi seconded.
Councilman Rudi stated she would like Staff to report back at the next meeting if the sign can be moved back farther, and asked if there were any way to get someone from CVS to give a commitment to maintain the landscaping. Councilman Rudi said she would also appreciate it if CVS would commit to conforming to the City’s outside sales regulations. Councilman Rudi said this application was approved by the Planning Commission, but since she was at that meeting, it was obvious to her that it was approved, not because they wanted to do it, but because they felt they had to do it. There is an option, because this came to us outside of the planned proposal from a long time ago. That plan came in without a monument sign, and that makes this inconsistent with the plan that is in place, so as far as being able to approve it or not approve it, there is an option. This isn’t something we have to do.
Mayor Smith suggested that one of the ways of guaranteeing that the landscaping is maintained, is perhaps to require CVS to submit some funds in escrow or a bond, or something, so if they do not take care of it, the City can take care of it with their money.
Mayor Pro Tem Revenaugh said the fact that Mr. Bourgart said the advertising trend seems to be going toward a more New York City style of advertising, because this is what they have to do to reach clients is not an argument that he buys, and frankly he would like to see the Ordinance reviewed before this application comes up again. Mayor Pro Tem Revenaugh said he can envision a number of bright light blinking signs down North Oak and Antioch Roads, and it doesn’t paint a pretty picture in his mind. Mayor Pro Tem Revenaugh said before this Ordinance is passed, he would like to see this particular part of the sign Ordinance revisited.
Mayor Smith asked that Mr. Wingerson investigate to see if the 72nd and North Oak Street location is basically the same sign, so Council can view it and see if it is something they can support.
Councilman Rudi asked if there could be a review of the sign Ordinance, because she does not believe there is anything in it that prohibits these kinds of signs, but maybe it is something that needs to be addressed in the future. Once that has been reviewed, or maybe before we look at it, we may want to initiate some kind of moratorium on readerboards until we make a decision.
Mayor Smith said we tend to revisit the sign Ordinance issue from time to time, probably in seven to eight year cycles, and we’ve been through one extreme and the other, but perhaps it is time again.
Councilman Rudi agreed and said things change and the Ordinance needs to be reviewed. Councilman Rudi said she did not have a timeframe for that, and she does not know that it will apply to this application, but does feel that it needs to be done.
The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (3-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the First Reading of Bill 07-18. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (3-0).
Item 13. on the Agenda. PUBLIC HEARING: On the proposed Non-Chartered Financial Institutions Ordinance. Applicant: City of Gladstone. File #1295.
Mayor Smith said the Public Hearing would be conducted in the same manner as the previous Public Hearing.
Planning Specialist Chris Helmer began by thanking the City Council for consideration of this issue. The focus of the following Ordinance is centered mainly on the land use restriction of the distance of 5,280 feet separation requirements of any new payday loan or similar type business entering the City of Gladstone, or being adjacent or in close proximity to the City’s boundaries, as well as the 200 feet separation requirement for residentially zoned property. City staff, along with the task force committee, reviewed legislative findings that have occurred not only in the State of Missouri, but also nationally. Staff feels they have incorporated a lot of main issues that have been seen in other Ordinances that have been passed, and hopefully will end up being successful. There was concern initially with the clustering of these types of businesses, and therefore by passing this Ordinance we hope to reduce the clustering of these types of businesses in stand-alone type buildings, with additional payday loans or similar type businesses being in a multi-tenant building, therefore reducing the amount of large signage that is seen with stand-alone buildings.
Mr. Helmer said he feels Staff has addressed many of the main issues that we see as being some of the adverse effects of the clustering of these businesses, and therefore, ask Council’s consideration of approval of the Ordinance.
Comments from those in Favor of the Application
Don Horton, 7102 North Kingston Court, stated he was a member of the task force who dealt with this issue, and wished to stress that from the standpoint of City staff and the members of the task force, he truly believes that all sides of the issue were considered. Mr. Horton said he believes a great number of applications of what happens with this type of business were considered, and he encouraged City Council members to vote in favor of this Ordinance.
Comments from those in Opposition to the Application
There was no one to speak in opposition to the application.
Mayor Smith closed the Public Hearing.
Item 13a. on the Agenda. FIRST READING BILL 07-19, amending Ordinance Number 2.292 and being an Ordinance relating to Zoning Ordinance Regulations and the establishment of Use Districts within the City of Gladstone, Missouri, by adding new zoning regulations in Title VII Chapter 135, entitled “Non Chartered Payday and Title Loan Businesses”.
Councilman Carol Rudi moved to place Bill 07-19 on First Reading. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (3-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the First Reading of Bill 07-19, Waive the Rule and place the Bill on Second and Final Reading. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (3-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the Second and Final Reading of Bill 07-19 and enact the Bill as Ordinance 4.036. Mayor Pro Tem Mark Revenaugh seconded.
Mayor Smith said he appreciated the task force’s work on this issue. Mayor Smith stated it has become quite an interesting issue as there is a lot of discussion regarding payday loans and title loans. Mayor Smith said it becomes almost a land use and economic development issue due to the clustering of businesses, and especially because by some of their own practices, they have somewhat of a reputation of being predatory in nature. This is not a business that seems to bode well for the community, in the sense that they do represent an area that might be in decline for whatever reasons. That, combined with the fact that they, especially in single use buildings, tend to be somewhat counter productive to good economic development practices, is an important issue for City Council members to face. The City is still providing the opportunity for these folks to do business in our community, as we should; however, it is in the community’s best interest to limit these businesses.
Roll Call Vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (3-0).
Item 14. on the Agenda. Resolution 07-50, adopting the Findings of Fact and Conclusions of Law herein set forth and denying F.R.A.H. Inc.’s request for amendment to the Special Use Permit and denying T-Mobile’s application for a Special Use Permit for a wireless communications service tower.
Mayor Smith stated the applicant has requested this action be continued to the next regular City Council meeting, so they have an opportunity to review the findings of fact.
Mayor Pro Tem Mark Revenaugh moved to continue Resolution 07-50 to the July 23, 2007, regular City Council meeting. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (3-0).
Item 15. on the Agenda. Resolution 07-51, authorizing the City Manager to purchase three (3) 2007 Ford Crown Victoria Patrol Vehicles from Shawnee Mission Ford, Shawnee, Kansas, for a total purchase amount of $61,069.00.
Councilman Carol Rudi moved to adopt Resolution 07-51, authorizing the City Manager to purchase three (3) 2007 Ford Crown Victoria Patrol Vehicles from Shawnee Mission Ford, Shawnee, Kansas, for a total purchase amount of $61,069.00. Mayor Pro Tem Mark Revenaugh seconded.
Mayor Smith said this item was added to the agenda and is a budgeted item, but it is his understanding that the City has an opportunity for some savings here.
City Manager Davis stated that was correct; there is an opportunity for some savings, and the City is also down one patrol vehicle and this gives us a chance to get it back in service as quickly as possible.
The vote: All “aye” – Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (3-0).
Item 16. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 17. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 18. on the Agenda. ADJOURNMENT.
There being no further business to come before the July 9, 2007, Gladstone Regular City Council Meeting, Mayor Les Smith adjourned the regular meeting.
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Les Smith