MINUTES
CITY COUNCIL MEETING
GLADSTONE, MISSOURI
MONDAY, APRIL 27, 2009
7:30 PM
PRESENT: Mayor Carol Rudi
Mayor Pro Tem Les Smith
Councilman Mark Revenaugh
Councilmember Carol Suter
Councilman Barry McCullough
Assistant City Manager Scott Wingerson
City Counselor David Ramsay
ABSENT: City Manager Kirk Davis
Mayor Carol Rudi opened the Regular April 27, 2009, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.
Item 2. on the Agenda. ROLL CALL
Mayor Carol Rudi noted that all City Council members were present.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Carol Rudi led the Pledge of Allegiance, in which all joined.
Item 4. on the Agenda. APPROVAL OF THE SPECIAL APRIL 10, 2009, CITY COUNCIL MEETING MINUTES.
Councilmember Carol Suter moved to approve the Special April 10, 2009, City Council Meeting Minutes as presented. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 5. on the Agenda. APPROVAL OF THE REGULAR APRIL 13, 2009, CITY COUNCIL MEETING MINUTES.
Councilmember Carol Suter moved to approve the Regular April 13, 2009, City Council Meeting Minutes as presented. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 6. on the Agenda. RECOGNITION OF LEADERSHIP ACADEMY GRADUATES.
Mayor Rudi and City Councilmembers invited the following Leadership Academy Graduates to join them at the dais, where they presented to them All America City pins and Certificates of Recognition:
Barry McCullough
A. Marie Young
Richard Viets, Sr.
Cathy Viets
Kevin Freeman
Kirk Forslund
Sydney Bradford
John Burris
Patricia Hodges
John Houlihan
Everett Jones
Ronald Murphy
David Perryn
Alan Ringhausen
The presentation was followed by applause from the audience.
Mayor Rudi explained to the audience that the graduates spent several weeks in City Hall and other places, learning about all aspects of City government, so they were very dedicated to complete this course. Mayor Rudi said City Council members now have their name, address, phone number, and other contact information, so when City Council needs help on Boards and Commissions or other projects, they will be able to reach the graduates of the Leadership Academy. This is called a Leadership Academy and this is where the City gets its leadership. Mayor Rudi thanked the graduates for all their time and hard work, which is very much appreciated by the City and City Council.
Item 7. on the Agenda. PROCLAMATION: recognizing Building Safety Week in the City of Gladstone, Missouri.
Mayor Rudi read and presented a Proclamation recognizing Building Safety Week in the City of Gladstone, Missouri to Building Official Alan Napoli. Mr. Napoli thanked the Mayor and City Council.
Item 8. on the Agenda. CONSENT AGENDA
Following the Clerk’s reading of the Consent Agenda, Mayor Pro Tem Les Smith asked that the Approval of the Park Festival Use Permits be removed from the Consent Agenda for consideration under the Regular Agenda as Item 8a.
Mayor Carol Rudi asked that the approval of the March Financial Report be removed from the Consent Agenda for consideration under the Regular Agenda as Item 8b.
Mayor Pro Tem Les Smith moved to accept the Consent Agenda as amended. Councilmember Carol Suter seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Mayor Pro Tem Les Smith moved to approve a BEER LICENSE for the Gladstone Summertime Bluesfest in Oak Grove Park, 76th & North Troost, (2-day license), June 5-6, 2009, Managing Officer: Amy Harlin; and the Gladfest Celebration in the Gladstone Central Park area, near 69th & North Holmes, (3-day license) October 2-4, 2009, Managing Officer: Amy Harlin. Councilmember Carol Suter seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Mayor Pro Tem Les Smith moved to adopt RESOLUTION R-09-34, authorizing acceptance of work under contract with Wilson Plumbing Company, for the 6800 Block of North Holmes Drainage Improvements Project; and authorizing final payment in the amount of $9,685.84. Councilmember Carol Suter seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 8a. on the Agenda. APPROVAL OF PARK FESTIVAL USE PERMITS for the 13th Annual Gladstone Summertime Bluesfest in Oak Grove Park, 76th & North Troost, Friday and Saturday, June 5-6, 2009, including approval of designated smoking areas; and the 30th Annual Gladfest Celebration on Friday, Saturday and Sunday, October 2-4, 2009, in the Gladstone Central Park area, near 69th & North Holmes, under the sponsorship of the Gladstone Area Chamber of Commerce and the City of Gladstone.
Mayor Pro Tem Les Smith moved to approve the PARK FESTIVAL USE PERMITS for the 13th Annual Gladstone Summertime Bluesfest in Oak Grove Park, 76th & North Troost, Friday and Saturday, June 5-6, 2009, including approval of designated smoking areas; and the 30th Annual Gladfest Celebration on Friday, Saturday and Sunday, October 2-4, 2009, in the Gladstone Central Park area, near 69th & North Holmes, under the sponsorship of the Gladstone Area Chamber of Commerce and the City of Gladstone. Councilmember Carol Suter seconded.
Mayor Pro Tem Smith said the reason he asked that this item be considered under the Regular Agenda was to discuss the designated smoking areas for Bluesfest. The Chamber has submitted two possible areas for smoking to be permitted in the park. Mayor Pro Tem Smith said one area is east of the pond and south of the Bluesfest seating tent, which if it is far enough from the play structure, which he believes it is, would seem to be a reasonable request. The other area is the VIP area, which is the park shelter on the north side of the park. With any breeze coming out of the north and the west, that seems close to the general seating area for folks near the Amphitheatre. It seems to be a bit of an unreasonable request to have the smoking area permitted there. Mayor Pro Tem Smith said his recommendation would be that the smoking area by the seating tent be approved, but the VIP park shelter smoking area not be approved, mainly because of its proximity to the crowd, who most likely will be expecting a smoke free environment, based on the passage of the recent Ordinance.
Councilmember Suter said she agreed with Mayor Pro Tem Smith, that most of the residents will be expecting the park to be smoke free, so as much as we can do to limit smoke, that will float across or interfere with the enjoyment of many of our attendees, she would support.
Mayor Pro Tem Smith said the proposed smoking area in the VIP area is also near a walking path that goes behind the shelter and towards the stage, and is also adjacent to the area where people will be purchasing their food and beverages.
Councilman Revenaugh asked if Mayor Pro Tem Smith was suggesting limiting the smoking area to one site or if he was suggesting an alternative site.
Mayor Pro Tem Smith replied that he believed that the other area that has been requested is reasonable, and he would suggest limiting it to the one area, which is in the southeast quadrant of the festival area.
Councilman Revenaugh said that area would certainly be far enough away for anyone who is expecting a smoke free environment, and maybe it will discourage those who do not want to make the “hike” from smoking.
Mayor Pro Tem Les Smith withdrew his first motion and made a new motion to approve the PARK FESTIVAL USE PERMITS for the 13th Annual Gladstone Summertime Bluesfest in Oak Grove Park, 76th & North Troost, Friday and Saturday, June 5-6, 2009, with the site plan that was submitted for smoking areas to be amended to include approval of only one designated smoking area, which will be east of the pond; and eliminating the proposed smoking area in the VIP shelter area, and the 30th Annual Gladfest Celebration on Friday, Saturday and Sunday, October 2-4, 2009, in the Gladstone Central Park area, near 69th & North Holmes, under the sponsorship of the Gladstone Area Chamber of Commerce and the City of Gladstone. Councilmember Carol Suter agreed and withdrew her second to the original motion and seconded the amended motion. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 8b. on the Agenda. APPROVAL OF THE MARCH FINANCIAL REPORT.
Councilman Mark Revenaugh moved to approve the MARCH FINANCIAL REPORT. Councilmember Carol Suter seconded.
Mayor Rudi said she wished to discuss this, because in the report there is an item that mentions the fact that part of the City’s expenses were in regard to the City Council’s Primary Election. Mayor Rudi inquired into the election costs from Finance Director Debra Daily.
Finance Director Daily replied that there was an original bill from the Clay County Election Board in the amount of $13,900.00 and there was an additional bill of $1,280.00, for a total bill of $15,188.70.
Mayor Rudi said the reason that the bill was not more was because North Kansas City also had a Primary Election on that date. If they had not had that Primary, it would have cost our city even more, because there would have been no Clay County Election Board staff involved with an election other than our own. If you are the only entity, you bear the entire cost. Mayor Rudi asked if that was correct.
Finance Director Daily said she believed that was correct; although, City Clerk Cathy Swenson is more of an authority on that aspect than she.
Mayor Rudi said, as she remembered, a former estimate of what that cost could have been was around approximately $30,000.00.
City Clerk Swenson agreed that was correct, and said that amount was confirmed in the past by an Election Board Director.
Mayor Rudi said she had been asked about this by residents who do not understand why we had to have a Primary Election to eliminate only one person from the race in April. Mayor Rudi said she had spoken to a State legislator about this issue, and it would take quite a bit of work to make some changes, but it is something she would like to see Council members add to the Goal Setting Session agenda in October. Mayor Rudi suggested that if anyone from the public has an opinion on this, to please contact City Council members to share their thoughts. Mayor Rudi said she believes it needs to be a good blend, and she does not believe that we want one election with ten candidates, where voters pick the top two – that would be very difficult. On the other hand, when we have one election with five candidates, and we have to move it down to four for the final election, that is pretty expensive. Mayor Rudi said she believes some cities have filing fees, and she does not know if those are high or low fees, and does not know if the City of Gladstone would be allowed to do this without State approval. There are a lot of different sides to this question. Mayor Rudi said she brought this issue up so Council may begin thinking about it, and asked if other Council members had any comments at this time.
Mayor Pro Tem Smith stated that it would be good to know all of our options, but he does not know if there should necessarily be a cost to file for office in a small city government. If we can move for legislation in Jefferson City and tweak it a bit, that would be fine. Mayor Pro Tem Smith, said he would like to take the opportunity to “get on the soap box” a little bit, because there were so many graduates present from the Leadership Academy, and we have two members of the City Council who were graduates from this Academy.
Mayor Pro Tem Smith said the reason this issue is being discussed tonight is because only 623 people out of over 17,000 registered voters voted in the Primary Election this year. It cost $24 per vote for each person who did vote in the election this year. Had there not been the North Kansas City Primary, it would have cost probably twice that amount. That is fine, there should be no price on democracy. Mayor Pro Tem Smith said what happened this year and what happened in 2004, was that people filed to run for office who did not participate in the process. In 2004, two gentlemen filed to run for City Council, one of whom moved out of the City three weeks after he filed for office and two months before the election. Mayor Pro Tem Smith said he does not know the person, and does not wish to cast aspersions on the person or the person’s motivation, but in this past election cycle, we had a candidate who did not participate in the process; meaning the candidate did not return phone calls from the press, would not answer questions submitted by the press, and did not participate in the candidate forums that were presented for the public. Mayor Pro Tem Smith said a candidate does have an obligation to participate in the process. If one files for City Council, or any other office, and you say you want to run, you should participate in the process. Mayor Pro Tem Smith said this was his “two cents worth”.
The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Mayor Rudi said the March Financial Report has been approved and thanked the audience for their patience.
Item 9. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Jennifer Sumner, 2224 NE 73 Street, began by saying that she had an issue with Item Numbers 15, 16, 17 and 18 on this meeting’s agenda.
Mayor Rudi said she did not wish to begin a Public Hearing on this matter, because a Public Hearing has already been held and has been closed, and asked if Ms. Sumner had a question that Council could answer in their discussion.
Ms. Sumner said she was disappointed in the Public Hearing. She was one of the citizens who was within the 180 feet, and did not receive the Public Hearing notice due to the previous owner being listed on the mail, and it was forwarded to them. Ms. Sumner said she was not allowed to attend the Public Hearing, and at that time, she had lived in the house well over one year. Ms. Sumner said she did later receive notice for the February meeting, which was cancelled, and she showed up here. Ms. Sumner said she saw the stack that Assistant City Manager Scott Wingerson had of all the returns from people who were not notified of the Public Hearing. Ms. Sumner said she wished to express her disappointment that so many people were not notified of the Public Hearing for this item.
Ms. Sumner said after reading the Minutes of November on the City’s website, and she believes a previous meeting from some other time, one of the two items she wished to discuss was the builder’s choice of only giving the town homes one car limits for the at home parking of the renters. This would force renters on the north side of the project to park on 72nd Terrace, Brooklyn Avenue, and 73rd Street. Any parking on 72nd Terrace is dangerous due to the hill just before the stop sign; also, there is no streetlight to illuminate the area at night between Brooklyn and Euclid, where people would be parking.
Ms. Sumner said the second item is the drainage issues that have been well stated at previous meetings. The builders have previously said that they believed that permeable surfaces had durability issues, but she has found and hoped to provide to Council members the study of the University of Washington, Seattle, who found that permeable surfaces were durable and do reduce the stress on nearby streams and creeks, while having long lasting effects. Ms. Sumner gave a copy of the report to Assistant City Manager Wingerson.
Assistant City Manager Wingerson stated he certainly understands the desire for a streetlight at 72nd Terrace and Brooklyn or in that general vicinity; regardless of Council’s action on Stratford Park – those are somewhat unrelated. As staff, we will ask Public Works to take a look at that. If it meets the streetlight policy, it will be prioritized and put into the process separate from any discussion on Stratford Park.
Assistant City Manager Wingerson said in one of Council’s Public Hearings, there was discussion of permeable surfaces. As the Council is aware, staff is continually researching the appropriateness of permeable surfaces in City applications, as well as development applications. At the time, Council heard testimony about permeable surfaces, and the design engineer would not recommend that to his client. Separate from the Stratford Park discussion, what is not generally considered in some of the studies that occur on the west coast is their application over time and in different climatic and seismic zones, both of which have a massive impact on the appropriateness of impervious surfaces. Assistant City Manager Wingerson said he would suggest to Council, separate from the Stratford Park discussion, that we need to continue to look at that and work with the design community, until there is an appropriate solution that can be implemented along those lines. Assistant City Manager Wingerson said these are a lot of words to say staff will look at the streetlight and would suggest to Council that staff is studying the surface issue.
Mayor Rudi asked if staff would be looking into the problem of notices being delivered.
Mr. Wingerson said staff did look at that, and he believes that Ms. Sumner would agree that once staff was aware of the problem, the County Tax Roll, from which staff pulls the 185 foot residents, was corrected, and she received the rest of the notices after that. Mr. Wingerson said they have talked several times here in the building.
Ms. Sumner said not to the point that she got to see the presentation by the builders or that she got to input her own statements of disapproval.
Mr. Wingerson said staff corrected the ones they knew to correct and that they take the list from the 185 foot boundary list, and when those are not correct, staff hopes the neighbors will be talking enough to say there is a meeting coming up that folks would want to go to. Mr. Wingerson said it is not a perfect system, and he apologized to Ms. Sumner and anyone surrounding Stratford Park for any errors.
Item 10. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Barry McCullough thanked the City staff and City Manager Davis for their time in making sure he was caught up to speed on Council issues.
Councilmember Carol Suter reported that she attended the Imagine KC event last week, which she found to be very helpful and interesting. Several members of the EMAC Committee (Environmental Management Advisory Committee) participated as well. Councilmember Suter said it was helpful in a number of ways; she really appreciates the process, which is trying to prioritize issues around sustainability, so one can figure out where to get started. That is what we are trying to figure out here, as a City Council, in trying to figure out how to attack some of these issues. It was also good to hear the conversations from other Northlanders in terms of their priorities, and a number of the issues discussed are items that are in our Council goals and were seen as a review in the Study Session this evening in terms of the budget implications. Walkability was one of the major issues. Some people say in a tough economy we should not be worrying about issues like trails, but overwhelmingly, the audience was strongly interested in the development of trails, and any way to increase the connectivity of citizens in our communities. Councilmember Suter said it was good affirmation for her that we are on the right track, and that we are consistent with what the overwhelming opinion seems to be in the Northland.
Councilmember Suter said she hoped Mr. Wingerson had a good experience at the Green Cities Conference and that we might hear some feedback as to how that went as well.
Councilman Mark Revenaugh said he was remiss at the last meeting for not recognizing now Mayor Pro Tem Smith for bringing the prescription drug program to Gladstone. Council saw the program at a National League of Cities Conference, and Mayor Pro Tem Smith said it would be perfect for Gladstone citizens, and he shepherded it through the process, and now, as a result, all of our residents have access to discount prescription drugs. Councilman Revenaugh said if there was anyone in the audience who is not familiar with this program, to please contact City Hall.
Councilman Revenaugh congratulated Mayor Pro Tem Smith on his nuptials last Friday. Councilman Revenaugh jokingly said they had several conversations prior to him getting married, and he did it anyway, so his heartfelt congratulations to Mayor Pro Tem Smith. Councilman Revenaugh said we had another successful Art Springs in Gladstone, which was our second annual event. If you did not make it, you missed a great show. There were all kinds of art there. The weather was not cooperative, but indoors, it was very pleasant, and the people who came saw a quality show that the City has put on for the second year in a row. Councilman Revenaugh said he wished to congratulate and commend the Art Springs in Gladstone Committee, and Parks and Recreation Director Sheila Lillis and her group.
Councilman Revenaugh said the City hosted a spring clean-up event in Happy Rock West, and when he worked Sunday, there was a steady stream of cars. He was told Sunday was nothing compared to the pandemonium on Saturday. It was a perfect opportunity for anyone who lives in Gladstone to get all of their junk out of their house and take it to Happy Rock Park, where it was recycled or given to Deffenbaugh to haul off, and it cost citizens nothing. This is another benefit of living in Gladstone and what makes our City special. Councilman Revenaugh reported that this weekend is the brush drop-off, so if anyone has brush, this is the weekend to get rid of it at no cost. Councilman Revenaugh said if anyone wishes to volunteer, to please call City Hall.
Mayor Pro Tem Les Smith thanked Councilman Revenaugh, and said the only person who really needs to have their intelligence questioned is not him, but the young lady who said “yes”!
Mayor Pro Tem Smith reported that our own esteemed Assistant City Manager Scott Wingerson received the Assistant Manager of the Year Award at the Missouri City Managers Association Conference this past week. Mayor Pro Tem Smith congratulated Mr. Wingerson, which was followed by applause from the audience. Mayor Pro Tem Smith said he sat on the interview panel when Mr. Wingerson first came to town 15 years ago, and he was very impressive from the first day he walked into City Hall, and he is very happy that Mr. Wingerson has decided to stay here for as long as he has; he is sure he has had many other opportunities. Our residents may not know Mr. Wingerson, but they have a lot for which to thank him for in the quality of life they enjoy. Mayor Pro Tem Smith thanked Mr. Wingerson for his services.
Mayor Carol Rudi offered her congratulations to Mr. Wingerson.
Mayor Rudi jokingly said that while Councilman Revenaugh was talking to Mayor Pro Tem Smith, she was talking to Mayor Pro Tem Smith’s fiancée, Laura, and she went ahead with it as well, so they must be destined to be together.
Mayor Pro Tem Smith said it works for him!
Mayor Rudi reported that there would be tours of Atkins Johnson Farm on May 9, which will run from Noon to 5:00 PM. They start at City Hall, and folks may take a bus from City Hall to the farm. There will be no onsite parking at the farm. The last bus will leave City Hall at 4:00 PM, and while folks are in City Hall, there will be information about the farm and what is going on. At the farm, there will be re-enactors, tours of the home, and activities for the children. It promises to be a great event. Mayor Rudi said the Household Hazardous Waste Disposal event would be held on June 6, and will run from 8:00 AM to Noon. Mayor Rudi asked Parks and Recreation Director Sheila Lillis for a report on what is going on in the parks in May.
Parks and Recreation Director Sheila Lillis stated that the next event is this coming weekend, and is called “Touch a Truck”. It should be very popular for our three to seven year old residents. They will get to climb on and touch limousines, and a street sweeper. Larry Brown Excavating is bringing his paver, and there will be all kinds of neat equipment that the children can touch. This event will be from 10:00 AM to Noon, and there is only room for 100 children, and at this point, there is space for about 20 more.
Director Lillis continued by saying the Hy-Vee Hormel Triathlon will be held at the Community Center on May 16, and begins at 9:00 AM. It is a great opportunity for the youth in our community. On May 5, the Northland Art League will have art exhibited. That is when the opening reception will be held, from 6:00 PM to 8:00 PM, at the Community Center. The Gladstone Amphitheatre season begins May 17, with a wonderful concert from our middle schools, beginning at 1:00 PM, and it will conclude with the Northwinds Symphonic Band concert, at 5:30 PM. This is a wonderful group, and many local residents and educators who are in our Northland Schools are part of this group. That will conclude the events for the month of May.
Mayor Rudi said these events are listed on the City’s website.
Item 11. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
Assistant City Manager Wingerson said the Beautification event was approaching 1,500 loads. The Public Works and Parks staff, and all the volunteers did a fantastic job. That is a lot of stuff. More details will be coming to Council in their informational newsletter, as it becomes available, in terms of the tonnage and loads and so forth.
Mr. Wingerson said Councilmember Suter asked him to mention Green Cities, and said he was fortunate to get to go to Portland, Oregon, last Saturday through Wednesday, and attend the National League of Cities Green Cities Conference. It was the first one ever, and it was really neat, and Portland is an amazing town, in terms of their efforts for sustainability. Mr. Wingerson said he would provide a comprehensive report or summary that will be in one of Council’s packets soon. There were two main themes that were really interesting. One is the consensus across the country is that the climate change argument isn’t an argument anymore. Wherever you were or are in that argument, it’s not relevant anymore. The argument now is about doing the right thing, and doing the right thing from a planetary perspective, but almost as importantly, if not exactly as importantly, from a business perspective. That is what really got the attention from the other staff people who were present from across the country. Even the people who originally began the Green movement, the Sierra Clubs of the world, believe that argument is no longer resonating with people and it needs to evolve to do the right thing.
Mr. Wingerson said the issue is so much fundamentally bigger than changing a light bulb, although everyone should do that, but that is not the point. The point is it is about rebuilding community, and when you look at sustainability from a community strengthening perspective, then you are really hitting on something valuable, that enhances the quality of life for everyone who participates. Mr. Wingerson said with those two themes in mind, he is sure we will be forging ahead strategically to really make sure that our sustainability efforts are integrated in all that we do, from our policing and firefighting to our neighborhood building or any other of the City’s many services.
Mr. Wingerson thanked Mayor Pro Tem Smith and the rest of Council for their kind words about his recent award. Mr. Wingerson said he wished to thank and jokingly promised “to get even” with City Manager Kirk Davis and Public Information Officer Richard King for their work with this. Mr. Wingerson said it really is quite an honor, but as he was walking up to receive the award, he was thinking of the people of Gladstone, the leadership over the years, the elected leadership over the years in Gladstone, and all the people who work here. Those are the people and things he thought about, and he politely talked about “rabbit stew”, and said thank you. Mr. Wingerson said he appreciated everyone’s kind thoughts and words regarding the award.
Item 12. on the Agenda. PUBLIC HEARING: for consideration of an application for a Justice Assistance Grant under the United States Department of Justice Grant Program.
Mayor Rudi opened the Public Hearing and said first there would be a report from staff, Public Safety Director Mike Hasty, followed by comments from anyone in favor of the application and finally comments from anyone opposed to the application.
Public Safety Director Mike Hasty began saying the American Recovery and Reinvestment Act of 2009 was signed into law on February 17 of this year. As a result of that, a number of programs were initiated. Our Public Safety Department was identified and is eligible to receive a grant through the Justice Department, and it would be funded through this recovery act. After reviewing all the conditions and stipulations outlined in the program, staff has asked to apply for funds to purchase an on-line citizen police reporting system. This will enable our citizens of Gladstone to be able to file minor police reports on line on minor offenses, and the system will be integrated with our current police reporting system. Director Hasty said Public Safety staff has researched this and believe that Coplogic is the most suitable vendor, and is currently used by over 80 departments across the United States and in Canada, so it is a proven system.
Director Hasty said reports would be reviewed by staff and integrated within the department’s database. This grant must be coordinated with other Law Enforcement agencies within the County. Those being the Sheriff’s Department of Clay County, Liberty Police Department, Excelsior Springs Police Department, and North Kansas City Police Department. This grant must be handled through one entity, and North Kansas City has graciously offered to be the fiscal agent to handle and process this grant. The cost of the program will be $29,748.00. The conditions of the grant indicate that this application must be presented to our governing body and that there be an opportunity for public comment. Director Hasty concluded his remarks by saying he would be happy to answer any questions regarding this issue.
Councilman Revenaugh asked for bullet points as to what this program will do.
Director Hasty replied this would enable citizens who may not want to wait for a police officer to respond, or go to the police station, but has a minor offense to report, such as a stolen license plate tab, or some minor vandalism that has occurred, to make a police report on line. They would be able to get online on the City’s website, and they would be able to answer some preliminary questions to screen it, and once it fits the guidelines of the reporting process, they can actually fill out the police report online. Public Safety would then receive the report, and it would be reviewed to be sure it fits within the guidelines, and the citizen would then receive an e-mail response from Public Safety, and if they need it for insurance purposes or something like that, they do not need to make a trip to City Hall or the Police Department to actually get a copy of the report. The report may be e-mailed back to the citizen, and they can print it off and be able to use it.
Councilman Revenaugh asked for clarification if it is in effect filing a police report online.
Director Hasty replied that was correct; you just do not have to see the police officer to do it.
There was no one to speak in Favor or in Opposition of this proposal.
Mayor Rudi closed the Public Hearing.
Item 13. on the Agenda. RESOLUTION R-09-35, authorizing the Director of Public Safety to make application for a Justice Assistance Grant under the United States Department of Justice Grant Program authorized by the Federal Recovery Act; approving the cooperative agreement between the cities of Gladstone and North Kansas City for the joint application for such grant; and authorizing the execution of all necessary documents to complete the application process.
Councilmember Carol Suter moved to adopt RESOLUTION R-09-35, authorizing the Director of Public Safety to make application for a Justice Assistance Grant under the United States Department of Justice Grant Program authorized by the Federal Recovery Act; approving the cooperative agreement between the cities of Gladstone and North Kansas City for the joint application for such grant; and authorizing the execution of all necessary documents to complete the application process. Councilman Barry McCullough seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 14. on the Agenda. RESOLUTION R-09-36, authorizing the City Manager of the City of Gladstone to enter into negotiations with the Villages of Oakwood, Oakwood Park, Oakview, and The Oaks for provision of fire and emergency medical services for such villages by the Gladstone Public Safety Department.
Councilmember Carol Suter moved to adopt RESOLUTION R-09-36, authorizing the City Manager of the City of Gladstone to enter into negotiations with the Villages of Oakwood, Oakwood Park, Oakview, and The Oaks for provision of fire and emergency medical services for such villages by the Gladstone Public Safety Department. Councilman Barry McCullough seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 15. on the Agenda. FIRST READING BILL 09-03, vacating the north section of “old” Euclid Street, Northeast 72nd Terrace, and North Brooklyn Street right-of-way, proposed streets immediately north and east of 72nd and Euclid Streets located in Clay County, Gladstone, Missouri. Applicant/Owner: J.A. Peterson Enterprises, Inc. File # 1326.
Councilman Mark Revenaugh moved to place Bill 09-03 on its First Reading. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the First Reading of Bill 09-03, Waive the Rule and place the Bill on its Second and Final Reading. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi.
(5-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the Second and Final Reading of Bill 09-03 and to enact the Bill as Ordinance # 4.099. Mayor Pro Tem Les Smith seconded.
Roll call vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 16. on the Agenda. FIRST READING BILL 09-04, approving the Final Plat of a Replat of Stratford Park, Fourth Plat, Gladstone, Clay County, Missouri, and directing the appropriate officials to affix their signatures to said Plat for recording. Applicant/Owner: J.A. Peterson Enterprises, Inc. File #1329.
Mayor Pro Tem Les Smith moved to place Bill 09-04 on its First Reading. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Mayor Pro Tem Les Smith moved to accept the First Reading of Bill 09-04, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Mayor Pro Tem Les Smith moved to accept the Second and Final Reading of Bill 09-04 and to enact the Bill as Ordinance # 4.100. Councilman Mark Revenaugh seconded.
Roll call vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 17. on the Agenda. FIRST READING BILL 09-05, amending Ordinance No. 3.973 and being an Ordinance relating to Zoning Ordinance Regulations and the establishment of Use Districts within the City of Gladstone, Missouri. Applicant/Owner: J.A. Peterson Enterprises, Inc. File #1330.
Councilman Mark Revenaugh moved to place Bill 09-05 on its First Reading. Councilman Barry McCullough seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the First Reading of Bill 09-05, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Barry McCullough seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi.
(5-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the Second and Final Reading of Bill 09-05 and to enact the Bill as Ordinance # 4.101. Councilman Barry McCullough seconded.
Roll call vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 18. on the Agenda. FIRST READING BILL 09-06, approving a Site Plan Revision for property legally described as; a Replat of Stratford Park, Fourth Plat. Applicant/Owner: J.A. Peterson Enterprises, Inc. File #1330.
Mayor Pro Tem Les Smith moved to place Bill 09-06 on its First Reading. Councilmember Carol Suter seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Mayor Pro Tem Les Smith moved to accept the First Reading of Bill 09-06, Waive the Rule and place the Bill on its Second and Final Reading. Councilmember Carol Suter seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Mayor Pro Tem Les Smith moved to accept the Second and Final Reading of Bill 09-06 and to enact the Bill as Ordinance # 4.102. Councilmember Carol Suter seconded.
Mayor Pro Tem Smith said he would be voting in favor of this Bill, but there is something about this development as a whole that he does not like. He does not know what it is, and he cannot put his finger on it, and he does not have a legal basis to deny it. Mayor Pro Tem Smith said he not only hopes, but also he believes we need to insist that this Council and the residents hold staff, the consultants, and the developer accountable for anything that transpires that has not been promised. Mayor Pro Tem Smith said that has to start with traffic concerns, quality of the development, and especially storm drainage issues. Mayor Pro Tem Smith said he does not mean to sound like he is the only one who has been around here, but he “cut his teeth” on storm drainage issues in this City in the late 1970’s and early 1980’s, when we passed the first ever bond issue for stormwater improvements in the City – thirty some odd million dollars ago. This has been a problem area since day one. This might be an opportunity to fix a problem that the City has been unable to fix, because of the cost and so forth involved. Mayor Pro Tem Smith said he knows Assistant City Manager Wingerson is the best in the business, but he is going to implore everyone in this room and everyone who lives anywhere near that property to hold the City accountable for what we have told them will happen over there.
This was followed by applause from the audience.
Mayor Pro Tem Smith stated he did not say this to elicit that response, but he just means it. There is a lot that can go on over there, and he is supporting it. Mayor Pro Tem Smith said he has confidence in Mr. Wingerson and the other folks who have worked on this. Mayor Pro Tem Smith said Council members are still going to be here as this project is developed, at least the four other Council members. The other four Council members are under long-term contracts at this point. Mayor Pro Tem Smith said bird dog it and watch it, because if it is done right, it will be a good project. Mayor Pro Tem Smith said there is something there that he is uneasy about, but he is going to take that leap of faith, because he has confidence in our folks and the developer. Peterson Company is a good company, and he believes they will do what they have said they would do.
Councilman Revenaugh said his major concern is the fact that we talk about how big we are in participative government and getting the citizens to participate. The fact that we rely on County tax rolls to get the addresses, and Ms. Sumner mentioned a stack of returned addresses, he does not know what we can do to improve that, but he feels it is important that every citizen in the neighborhood that is affected gets the opportunity to attend all the meetings and be notified up front. Councilman Revenaugh said he knows no system is perfect, and Mr. Wingerson admitted that ours is not, but that is one area where there should be some way we can close that loop going forward.
Councilmember Suter said in the very first Leadership Academy they participated in a planning chirette that was a fun exercise, and it was a process that allowed participants to prioritize for City staff what the types of housing the group was interested in for the City of Gladstone. Some of that same activity happened in the Comprehensive Plan process, which involved many in the room. Councilmember Suter said that process reiterated and confirmed the very same kind of priorities that her Leadership Academy came to, and that is that Gladstone needed more multi-family housing – quality multi-family housing. That is easy to say when you are in a chirette, and you are talking about it in theory. It is always a little harder when it is in your own back yard. Councilmember Suter said she agreed with Mayor Pro Tem Smith that the geography and topography of this site is the challenge around it, and she has appreciated the extra time and energy that the developer has gone to in responding not only to the concerns of the Council, but the Planning Commission, who put them through their paces over months of asking questions and having them respond and look again at their plans and come back with more complete plans, and plans that have more capacity for managing that topography.
Councilmember Suter said she appreciated that good energy has gone into this all the way around, and she trusts also that the good planning and the good will of everyone involved will produce a really good result for the City of Gladstone. It is the kind of thing that our residents would like to see more of, and she hopes it turns out to be a good addition for those who live in the area. Councilmember Suter said she realizes there are some traffic issues all along 72nd Street and Antioch, as she lives off of that intersection, and over time we need to address those in a bigger kind of master plan, but these kinds of developments will spur our attention to get that done. That will be good for all of us. Councilmember Suter said she looks forward to a good result from this, and thanks all the participants for energy above and beyond the call of duty.
Mayor Pro Tem Smith stated the J. A. Peterson Company are good folks, and he believes that can be seen by what they have been willing to do to make this project work. There is one area in Councilmember Suter’s neighborhood, where they could have developed some property that would not have been such great neighbors. Mayor Pro Tem Smith said they have a track record of doing what they say they will do, and he believes we need to have faith in them and in our folks, and he believes we will be pleased with the end result, but watch it, none-the-less.
Councilman McCullough said he had the opportunity to see this project all the way through from the Planning Commission to today, and he has to commend Peterson. They have worked really hard to make sure that we have full understanding of what they will do and regarding the promises that they have made, we expect them to be able to deliver on those. Councilman McCullough said his biggest areas of concern have been fully addressed by Mr. Wingerson; although, he may not really understand all the details, but Mr. Wingerson assures him that they have been covered. Councilman McCullough said he looks forward to the project and he believes that we have everything in place to make sure that it is a successful project.
Mayor Rudi said for those who have not been with us from the beginning on this project, the reason that Council did not allow the public to speak this evening is because a Public Hearing was held a couple of months ago, and the Public Hearing was closed, so this is the time for discussion strictly by the Council. We did make one exception because of the unusual delivery process. Mayor Rudi said she agrees with Mayor Pro Tem Smith that it looks like a good project, but she cannot put her hands on exactly what it is that bothers her. It may possibly be the fact that they were really hoping for individually owned, maintenance provided housing in this area. We are not getting that, but we have great hopes that is what this will become, and we have some assurances from the Peterson Company that is the direction they want it to go, and because of that they will maintain this to high standards. Mayor Rudi said that will allow her to vote in favor of this, but the biggest thing is, and this is for the Peterson Company - you said it in one of our meetings - this is one of our last areas to be developed in Gladstone; this has to be an excellent project, so keep this in mind, because staff will be breathing down your necks, because Council will be breathing down their necks.
Roll call vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Councilman Mark Revenaugh moved to place Bill 09-11 on its First Reading. Councilman Barry McCullough seconded.
Mayor Rudi invited Counselor David Ramsay to provide some information as to why this action is being taken.
City Counselor David Ramsay stated that the original Ordinance, which regulated picketing or other protest activities in the area of a funeral while it is being held was enacted by this Council in January of 2007. It is based on a State Statute that was enacted in 2006, providing for the same type of regulation. Counselor Ramsay said as Gladstone is a statutory City, we can only enact what the State legislature allows us to, which is why we followed the State’s direction in this matter. In October 2008, in a case involving Shirley Phelps-Roper, who is involved with a church organization out of Topeka, Kansas that has picketed several funerals of deceased service members, the Federal Court of Appeals issued a temporary restraining order indicating that they thought that Ms. Roper’s challenge to the State Statute would be likely to be successful. In February of 2009, Ms. Roper filed suit against the City of Gladstone, also in Federal Court, challenging our Ordinance, and as a practical matter, as the State is involved in litigation over whether or not the restrictions in the picketing Statute are constitutional, or whether they are over reaching as far as First Amendment rights of free speech are concerned, and that the City’s Ordinance will rise or fall on the State action, we are suggesting that this Ordinance be repealed.
Counselor Ramsay also pointed out that within the last two weeks the Federal Court for the Western District of Missouri has issued a preliminary injunction against enforcement of this Ordinance by Gladstone. The repeal of the Ordinance will allow us to terminate this litigation and the expense of it, and allow the underlying issues of the Constitutionality and extent of regulation of picketing and protesting at funerals to be determined through the lawsuit between Ms. Phelps-Roper and the State of Missouri.
The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the First Reading of Bill 09-11, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Barry McCullough seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi.
(5-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the Second and Final Reading of Bill 09-11 and to enact the Bill as Ordinance # 4.103. Councilman Barry McCullough seconded.
Mayor Pro Tem Smith said he hopes that should the courts deem such an Ordinance enforceable, that this Council will reconsider and put it back on our books as quickly as possible.
Mayor Rudi agreed.
Roll call vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 20. on the Agenda. FIRST READING BILL 09-12, repealing Ordinance No. 4.072, and enacting a new Ordinance levying Sewer Service Charges and Commodity Rate Charges in the City of Gladstone, Missouri.
Councilmember Carol Suter moved to place Bill 09-12 on its First Reading. Councilman Barry McCullough seconded.
Mayor Rudi stated the only reason that the rates are being raised on sewer is because Kansas City, Missouri is the organization that accepts our sewer, and they are raising the rates, so we are simply passing along the increase to the residents, regrettably, but true.
The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0). The Clerk read the Bill.
Councilmember Carol Suter moved to accept the First Reading of Bill 09-12, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Barry McCullough seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi.
(5-0). The Clerk read the Bill.
Councilmember Carol Suter moved to accept the Second and Final Reading of Bill 09-12 and to enact the Bill as Ordinance # 4.104. Councilman Barry McCullough seconded.
Roll call vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (5-0).
Item 21. on the Agenda. OTHER BUSINESS.
There was no other business to come before Council.
Item 22. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 23. on the Agenda. ADJOURNMENT.
There being no further business to come before the April 27, 2009, Regular City Council meeting, Mayor Carol Rudi adjourned the Regular meeting.
Respectfully submitted:
______________________________
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
______________________________
Mayor Carol A. Rudi