MINUTES
CITY COUNCIL MEETING
MONDAY, JULY 23, 2007
ADJOURNMENT TO CLOSED
EXECUTIVE SESSION
6:00 PM
Mayor Les Smith opened the City Council Meeting to
adjourn to a Closed Executive Session on July 23, 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 Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem
Mark Revenaugh, Mayor Les Smith. (4-0).
Mayor Les Smith recessed the Closed Executive
Session to go into an Open Study Session at 7:15 PM.
REGULAR CITY COUNCIL MEETING
7:30 PM
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 July 23, 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.
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 JULY 9, 2007, CITY COUNCIL
MEETING MINUTES.
Councilman Carol Rudi moved to approve the Regular July 9, 2007, City Council Meeting Minutes as presented. 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).
Item 5. on
the Agenda CONSENT AGENDA
Councilman Wayne Beer moved to accept the Consent Agenda as presented. 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 Wayne Beer moved to adopt RESOLUTION R-07-52, authorizing acceptance of work under contract with AB Creative, Incorporated for the Happy Rock Park Playground Replacement; and authorizing final payment in the amount of $500.00. 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 Wayne Beer moved to adopt RESOLUTION
R-07-53, accepting Temporary Construction Easements and Permanent Easements
from certain property owners in conjunction with the 2200 block of
Councilman Wayne Beer moved to adopt RESOLUTION
R-07-54, accepting Right-Of-Way parcels from certain property owners in
conjunction with the North Oak at
Councilman Wayne Beer moved to adopt RESOLUTION R-07-55, authorizing the City Manager to purchase one 2007 Toyne Fire Engine and to trade in the City’s 1991 Sutphen Engine in part consideration, resulting in a total expenditure of $453,622.00. 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 Wayne Beer moved to approve the Annual Liquor License Renewals as follows:
·
CVS Pharmacy, 7107 North Oak Trafficway, Seven Day Package Liquor
License.
·
CVS Pharmacy,
·
Senor Tequila, 6502 North Oak Trafficway, Class A&B Liquor by the
Drink License.
·
Multiple Investments, LLC dba Show-Me’s, 6300 North Oak Trafficway,
Class A&B Liquor by the Drink License.
·
Gasmart USA, Inc, 7303 North Oak Trafficway, Seven Day Package Liquor
License.
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 Wayne Beer moved to approve the FINANCIAL REPORT FOR JUNE 2007. 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).
Item 6. on the Agenda. COMMUNICATIONS FROM THE
AUDIENCE.
Pat Gannon, 604 NE 67
Terrace, said
she wished to apologize for bringing up this issue, because everyone is
probably as tired of it as she is, but she wished to talk about the Dangerous
Dog Ordinance. Ms. Gannon said she knows
that City Council has been asked to remove Bull Terriers from this Dangerous
Dog Ordinance, and she wished to provide a little background on Bull
Terriers. Ms. Gannon stated the name
Bull Terrier came from the fact that the dogs were first used to fight and
antagonize bulls just before they went into the ring for bull fights. This made the bull very mad and it was apt to
put on a better show. When this was
outlawed, the Bull Terrier was trained as a fighting dog. It was trained to fight to the death. One dog must die before they would stop
fighting. When dog fighting was
outlawed, the dogs were then taken into the coal mines to avoid being caught by
the law or into the pits. This is where
the name Pit Bull came from.
Ms. Gannon said she sent
City Council members a packet of information on this, and also on the American
Temperament Testing Society. Ms. Gannon
said the American Temperament Testing Society, in her opinion, does not do much
to test a dog. If they test one dog of a
breed, and that dog passes its test, they rate that breed as 100 percent
passed. The testing was done over a
29-year period, from 1977 to 2006. They
tested 54 Bull Terriers, because 52 or something like that passed, they gave it
a 98 percent breed rating.
Ms. Gannon said it took
several months for this Council to pass, study, and come to an agreement on a
Dangerous Dog Ordinance. It seems to her
that we need to leave this Ordinance as it is or if there is consideration to
change it, let’s go back to the original Ordinance and ban these dogs
completely. Ms. Gannon said that is what
she would have originally liked to have seen happen. Ms. Gannon said she has lived in her home for
36 years this month, and there have been a lot of dogs on her street. She has dog sat, fed, watered, walked, and
even kept dogs in her home, while neighbors were gone. Ms. Gannon stated she likes dogs, and is not
generally afraid of dogs, but she is afraid of the Pit Bull type dog. They are uncontrollable, unpredictable, and
they just have no place in a neighborhood.
Ms. Gannon said the main point she wished to make was please don’t start
removing dogs from this Ordinance right now - it is not the thing to do, and if
you are going to reconsider the Ordinance, please ban these dogs entirely. Ms. Gannon thanked City Councilmembers for
their time.
Mayor Smith thanked Ms.
Gannon for the information she provided.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY
COUNCIL.
Councilman Wayne Beer had no comments at this
time.
Mayor Pro Tem Mark Revenaugh had no comments at this
time.
Mayor Les Smith invited everyone to the
Cornerstone Signing at the new Community Center, tomorrow at 4:00 PM. It is an opportunity for everyone to sign
their name on something that hopefully will last for a 100 years or so, and
jokingly said it may take that long to pay for it! Mayor Smith said the City Council has been
charged with the task of finding someone to fill Councilman Cross’s vacated
position. The City advertised for
applicants, and received 11 very qualified applicants. City Councilmembers on Saturday got together
to discuss the process to develop some questions and to look at criteria for a
new Council person. The candidates have
been narrowed from 11 to 5. The five
will be interviewed on a date not yet set.
Those 5 have a good amount of experience either on a Board or Commission
with the City, or were very actively involved in Gladstone on the Move, and
Council feels they each have the credentials and the experience to “hit the
ground running” once appointed.
Mayor Smith said he has
contacted the 6 people who were not kept on the list to the final stage, and
the 5 that have advanced to that round are:
Don Horton, Don Harper, David Cox, Carol Suter and Robert Settich, and
Council has biographies on all these people.
City Council members will announce a date as soon as a date is agreed
upon for interviews. The goal is to
appoint someone at the first Council meeting in August.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY
MANAGER.
City Manager Kirk Davis reminded everyone that the
Theatre in the Park Presentation of Beauty and the Beast is August 3, 4 and 5,
and then again August 10, 11 and 12. The
Night Out Against Crime event will be held in Oak Grove Park July 28th,
4:30 PM to 8:30 PM.
Mayor Smith, noting that Mr.
McCullough, who had submitted an application for the Council vacancy, was in
the audience, thanked everyone who submitted applications and were interested
in giving of their time in serving their community. Mayor Smith said City Council members
encourage all of them to stay involved in other ways in the City.
Item 9. 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 moved to approve the Liquor License Renewal for Gladstone Bowl, Inc., 300 NW 72nd Street, Class A&B Liquor by the Drink License. Mayor Pro Tem Mark Revenaugh seconded.
Mayor Smith explained that due to a conflict of interest in regard to this item, as he is the proprietor of the Gladstone Bowl and he would abstain from voting.
The vote: “Aye” – Councilman Wayne Beer, Councilman Carol Rudi, and Mayor Pro Tem Mark Revenaugh. “Abstain” - Mayor Les Smith. (3-0-1).
Item 10. on the Agenda. SECOND 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).
Councilman Carol Rudi moved
to place BILL 07-18, on Second and
Final Reading. 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). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the Second and Final Reading of Bill 07-18 and enact the Bill as Ordinance 4.037. Mayor Pro Tem Mark Revenaugh seconded.
Councilman Rudi said she is not excited about this, and is not enthused about this. Councilman Rudi stated she understands the feeling of need for reader boards on our signs, and considering that we do have a few others, and have not yet reviewed our design standards for signage, she will reluctantly, as did the Planning Commission, be voting “yes” on this issue.
Mayor Pro Tem Revenaugh said he blocked this Bill at the last City Council meeting, and he is not particularly fond of the reader board signs, but the applicant has followed all the rules and they are legal. Mayor Pro Tem Revenaugh said he feels it would be unfair to change the rules midstream for this particular applicant in the middle of his application, so in the issue of fairness, he would be voting “yes” for this sign.
Councilman Beer stated he was not present for the discussion at the last City Council meeting, but he did read the minutes, and he was here for the Planning Commission meeting that dealt with this subject. Councilman Beer said he does understand that we are talking about a Planned District, so there is no compelling reason to approve this sign; however, he is in agreement with Mayor Pro Tem Revenaugh that because of other precedents in the City and with the fact that there is no compelling reason to deny this, he will also be voting in favor of this application, but this is part of what has generated discussion of the City’s Sign Ordinance Study Group. Councilman Beer said he is hoping the City can come up with a sign Ordinance that will be reasonable and fair to all future applicants.
Roll Call Vote:
All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem
Mark Revenaugh and Mayor Les Smith. (4-0).
Item 11. on the Agenda. RESOLUTION R-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.
Councilman Wayne Beer moved to adopt RESOLUTION R-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. 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 12. on the Agenda. FIRST READING BILL 07-20, amending Schedule VIII of
the Model Traffic Ordinance (Gladstone Municipal Code Section 4.100.020) to
establish Stop Sign locations at North Wabash at Northeast 73rd
Terrace and North Cherry Street at Northeast 69th Street.
Mayor Pro Tem Mark Revenaugh moved to place Bill
07-20 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.
Mayor Pro Tem Mark Revenaugh moved to accept the First Reading of Bill 07-20, 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.
Mayor Pro Tem Mark Revenaugh moved to accept the Second and Final Reading of Bill 07-20 and enact the Bill as Ordinance 4.038. Councilman Wayne Beer 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. FIRST READING BILL 07-21,
amending Schedule V of the Model Traffic Ordinance (Gladstone Municipal Code
Section 4.100.020) to establish a “No Parking” zone for eastbound and westbound
traffic on Northeast 61st Street from the intersection of North
Bales east 85 feet.
Mayor Pro Tem Mark Revenaugh moved to place Bill
07-21 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.
Mayor Pro Tem Mark Revenaugh moved to accept the First Reading of Bill 07-21, 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.
Mayor Pro Tem Mark Revenaugh moved to accept the Second and Final Reading of Bill 07-21 and enact the Bill as Ordinance 4.039. Councilman Wayne Beer seconded.
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 07-22, amending
Sections 5.110.190 and 5.110.260 of Title V of the City Code, by adding four
new categories of licenses for the sale of liquor within the City of Gladstone,
Missouri, being Temporary Caterers, Annual Caterers, and Beer only licenses,
and establishing fees for such licenses.
Mayor Pro Tem Mark Revenaugh moved to place Bill
07-22 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.
Mayor Pro Tem Mark Revenaugh moved to accept the First Reading of Bill 07-22, 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.
Mayor Pro Tem Mark Revenaugh moved to accept the Second and Final Reading of Bill 07-22 and enact the Bill as Ordinance 4.039. Councilman Wayne Beer seconded.
Mayor Smith inquired into the Class “L”
License, which is the 50-day license, and asked if it is the intent to allow it
to be 50 continuous days, or should there be a maximum one-time license.
City Manager Kirk Davis said he believed that
it is 50 continuous days maximum.
Mayor Smith asked if it is intended to be
able to be licensed for 50 continuous days, or should there be a maximum number
of continuous days within the 50 days.
City Counselor David Ramsay said both the
State Statute and the Ordinance read a total of 50 days per year. Since the catering involves particular
functions, occasions or events, then it would seem unlikely that someone would
have a 50-day event. City Counselor
Ramsay said the way the Ordinance is worded and is drawn from the State
Statute, it is contemplated that these events are individual events and that
the reduced annual Caterer’s License would be for 50 separate events per year.
Councilman Beer asked for clarification, if
that would be for a maximum of 50 accumulated days.
City Counselor Ramsay said it could be 25
events that are over two days, but it would seem that over two or three days
would not be typical.
Mayor Smith asked how the fees were
established; specifically how they compare to a full time business and the fees
they pay.
City Counselor Ramsay said the fees in the
Ordinance are the fees that are set out in the State Statute for these
particular items. Counselor Ramsay said
he would like the opportunity to review the State Statutes, and he does suspect
there have been some amendments to increase the fees for the other categories. Counselor Ramsay said he would like to
present this to City Council in the guise of a comprehensive review and
amendment for all the fees of the various Liquor Licenses. Counselor Ramsay said, as indicated in his
memorandum, he set out the other fees and obviously they are less than these
fees, and he is guessing they predate the most recent amendments to the State
Statutes.
Mayor Smith inquired into the timeframe in
reviewing those fees.
Counselor Ramsay said it could be done at any
time, and it should not take too long to provide the information. Counselor Ramsay said he believed the Finance
Director was going to do a comprehensive review of fees in the near future, but
he is not certain what the schedule is.
Mayor Smith said the City is getting ready to
open a Community Center, which is basically why we are doing this, and he would
suggest that we have our fees in place and where we want them to be sooner,
rather than later, and whatever it takes to do that would be his
recommendation. Mayor Smith said if he
had thought to ask that question sooner, he would have recommended that this
item be tabled until the fees are established.
Mayor Pro Tem Revenaugh asked if there is
some compelling reason to move forward without the fees in place, and will we
have to revisit this again? Mayor Pro
Tem Revenaugh said he would rather do this one time.
Counselor Ramsay said he knows that the Parks
and Recreation Director was anxious to get the Caterer’s Licenses in place,
because they are already receiving booking requests for the banquet facilities
at the new Community Center, and they wanted to be able to give people the
opportunity to tie-in the caterers at the same time.
Mayor Smith said that is exactly his point;
there will be some folks pulling licenses up front at one rate, and thirty days
from now there will be another rate. It
seems to him this should have come to City Council complete and ready to press
forward for a longer period of time.
City Manager Davis said it was not intended
to do the Fees and Charges in the next 30 days.
That was a mid-year project, but if Staff needs to review the Liquor
License fees now, and move those forward, aside from the regular Schedule of
Fees and Charges that involve a million other fees, then Staff will be happy to
bring them back to Council for review.
Mayor Smith asked if it makes sense to have
them all in order rather than establish a set of fees that probably should be
changed in the near future. We are
embarking on a new venture here; let’s tie it all up nice and neat.
Mayor Pro Tem Revenaugh said what he heard
from Counselor Ramsay was that he intended to get the fees set before we did
this, but he just did not get it done.
City Manager Davis said the Schedule of Fees
and Charges is a much bigger project than Counselor Ramsay is
anticipating. He was talking primarily
about the liquor fees. City Manager
Davis asked if Staff could go ahead and do the liquor fees, and that way no one
will be held up. City Manager Davis
suggested moving forward with one comprehensive look at those, and do the
regular Schedule of Fees and Charges much later.
Councilman Beer asked Counselor Ramsay if he
could have the information ready by the next City Council meeting.
City Manager Davis said the next meetings are
August 13 or August 27.
Councilman Wayne Beer moved to table Bill 07-22 until the August 13, 2007, City Council meeting. 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 15. on the Agenda. RESOLUTION R-07-56, granting a
Permanent Easement to Kansas City Power & Light Company in conjunction with
the Gladstone Community Center Project.
Councilman Wayne Beer moved to adopt RESOLUTION R-07-56, granting a Permanent Easement to Kansas City Power & Light Company in conjunction with the Gladstone Community Center Project. 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 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.
Mayor Smith congratulated
Mr. Jeff Salem, of the Sun Tribune, on his recent marriage.
Item 18. on the Agenda. ADJOURNMENT.
There being no further
business to come before the July 23, 2007, Gladstone Regular City Council
Meeting, Mayor Les Smith adjourned the regular meeting to reconvene to the
Closed Executive Session.
Respectfully submitted:
______________________________
Cathy Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Les Smith