MINUTES
CITY COUNCIL MEETING
GLADSTONE, MISSOURI
MONDAY, JUNE 22, 2009
REGULAR CITY COUNCIL MEETING
7:30 PM
PRESENT: Mayor Carol Rudi
Mayor Pro Tem Les Smith
Councilman Mark Revenaugh
Councilmember Carol Suter
Councilman Barry McCullough
City Manager Kirk Davis
Assistant City Manager Scott Wingerson
City Counselor David Ramsay
Item 2. on the Agenda. ROLL CALL
Mayor Carol Rudi opened the Regular June 22, 2009, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers, and 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 REGULAR JUNE 8, 2009, CITY COUNCIL MEETING MINUTES.
Councilman Mark Revenaugh moved to approve the Regular June 8, 2009, City Council Meeting Minutes as presented. 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 5. on the Agenda. CONSENT AGENDA.
Following the Clerk’s reading, Councilmember Carol Suter asked that the Approval for Designated Smoking Areas at Oak Grove Park for City Sponsored events be removed from the Consent Agenda for consideration under the Regular Agenda.
Mayor Carol Rudi said that item would be considered under Item 5a. on the Regular Agenda.
Councilmember Carol Suter moved to approve the Consent Agenda as amended. 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).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-45, authorizing acceptance of proposals from Vellar Consulting in the amount of $30,000.00 for Neighborhood Development Consulting Services and $5,000.00 for preparation of neighborhood strategic plans and action plans for neighborhood improvement for the Linden Heights Neighborhood, the Claywoods Neighborhood, and the 58 to 61 Neighborhood, within the City of Gladstone, Missouri. 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).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-46, authorizing acceptance of work under contract with J and N Utilities, Incorporated, for the 56th Terrace Water Main Replacement – Antioch to Indiana Project. 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).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-47, accepting Permanent Easements from Walmart Real Estate Business Trust in conjunction with the building and parking lot addition to Walmart located at 7207 North Missouri-1 Highway. 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).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-48, authorizing execution of a contract with Miles Excavating, Inc., in the total amount not to exceed $356,284.93 for the NW 61st Terrace Reconstruction – Main to Wyandotte Project. 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).
Councilmember Carol Suter moved to approve THE MAY 2009 FINANCIAL REPORT. 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).
Item 5a. on the Agenda. APPROVAL FOR DESIGNATED SMOKING AREAS at Oak Grove Park for City sponsored special events as follows:
Fourth of July Celebration
July 4, 2009
Theatre in the Park
Once Upon a Mattress – July 10-12, 2009
Footloose – August 7-9, 2009
Councilmember Suter began by saying this item befuddles her, and she finds it an intriguing philosophy that a City seeks exemption from its own Ordinances for its own events, and she would not be supporting approval of this request. Councilmember Suter said this creates the kind of attitude that was discussed recently after the Bluesfest, which was co-sponsored with someone else, of pretty much telling the community that we don’t intend to abide by the Ordinance that we passed. Councilmember Suter said, secondly, these events in particular are targeted to children and families, and if we are not going to make it work for them, she does not get the whole point of it, so she is not in support of approving these exemptions, and realizes she most likely will be in the minority on this. Councilmember Suter said in light that this will probably be approved, she is concerned about two other things. One is if an exemption is granted, she is concerned about the placement of the smoking areas, with regard to the wind direction. If we put smoking on the south side, and the wind is blowing to the north, we have just concentrated all the smoke and blown it across everyone who is trying to avoid it. The request for the performances puts the smoking area 25 feet from the playing area, which at every event she has attended, young children cannot sit through any of these things, and end up back there playing, so she does not understand why we would put the smoking area right next to where the little children would be playing.
Councilmember Suter said the last thing is that if an exemption is granted, she would like to specify that it be restricted to cigarettes only, and that cigar smoking never be allowed on City property for any purpose whatsoever. It only takes one or two cigars, and the entire place is stunk up from one end to the other, so she would like to be clear about that.
Mayor Pro Tem Les Smith said in order to put this item on the table for discussion, he moved to approve the DESIGNATED SMOKING AREAS at Oak Grove Park for City sponsored special events as follows:
Fourth of July Celebration
July 4, 2009
Theatre in the Park
Once Upon a Mattress – July 10-12, 2009
Footloose – August 7-9, 2009
Councilman Mark Revenaugh seconded.
Mayor Pro Tem Smith asked how long these two events typically last?
Parks and Recreation Director Sheila Lillis replied the Theatre in the Park events really starts at 8:30 PM, but people begin gathering at 5:00 PM. The events will last until about 10:15 PM at the latest. The shows run from about one hour and forty-five minutes to two hours. The July 4th event begins with a band concert at 8:30 PM, and then the fireworks will begin at 9:50 PM. The fireworks should be finished in about 20 minutes, or a little after 10:00 PM.
Mayor Pro Tem Smith said we have already experienced the law of unintended consequences, and he is not so sure that Councilmember Suter does not have a valid point for both of these. Mayor Pro Tem Smith said he is not sure that the entire Council knows what the law of unintended consequences has been, and asked Director Lillis what she thinks will happen if there is not a designated smoking area, and also to explain what has happened so far in the park.
Director Lillis said the Theatre in the Park is in a more contained area, and Staff has always asked that people refrain from smoking, and they have been asked to move to the back of the crowd. The playground was relocated in 1992, so it has not always been in the back. This is not a huge smoking event, so it has not been a problem, as it is family oriented.
Director Lillis said the July 4th event is the biggest event that the Parks and Recreation hosts as a staff. It attracts lots of different people with lots of different habits. The Parks and Recreation staff has never addressed smoking at this event, and she has never seen issues with it. This is a huge event, and people not only come from the park, but with the path between the school property and City property, there are people coming in and out of the park from the path. There are neighborhood parties and there are businesses behind the park, so it is a pretty heavy event. Director Lillis said she believes the smoking ban is going to be an issue, so when we think about where people are going to go when the smoking ban is enforced, they will probably go to the perimeter properties outside of the park – across the street to neighbors’ properties, to businesses behind the park, or to the School District property, which is also smoke-free.
Mayor Pro Tem Smith stated we have an issue at the park with park patrons going across the street to smoke in somebody’s front yard.
Director Lillis agreed and said she has heard that there has been a neighbor that has complained about this.
Mayor Pro Tem Smith said that is his question, he does not want to say we will enforce a smoking ban in the park, and all of a sudden up and down the sidewalks all these neighbors have people standing in front of their house smoking; this is his concern. Mayor Pro Tem Smith said if Council would like to consider these two events separately, he would support 100 percent the smoking ban in the park during the Theatre in the Park event.
City Manager Kirk Davis stated the Ordinance allows for the designation of smoking areas at events, and they are brought forward with the idea that if there will be smoking areas, Staff wants to do a better job of controlling it. The smoking area south of the pond is as close as it can get with the fireworks issues. The area south of the pond is fairly obscure. The smoking area designated for Theatre in the Park is in the back, and is far enough back where it would not be close to the last row of people who are sitting in lawn chairs watching the program.
Mayor Pro Tem Smith said he would suggest that smoking not be allowed at the Theatre in the Park event in the spirit or intent of the Ordinance, but suggests a designated smoking area for the July 4th event, where Staff can monitor it to see what kind of usage it gets, rather than moving those people to the perimeter of the park and across the street, and then revisit the issue again next year.
Councilman Mark Revenaugh said, in his experience at the July 4th celebration, there has been more smoke generated by the fireworks themselves than could be generated by the minority of smokers in the park. People go to the park for the July 4th celebration knowing that they are going to be breathing all kinds of noxious smoke from fireworks, which isn’t to say that everyone should be smoking, but he would tend to be much more lenient about designated smoking areas for the July 4th celebration than the Theatre in the Park events. Councilman Revenaugh said it is his understanding that a couple of the most vocal proponents on the Parks and Recreation Advisory Board said they did not mean for smoking to be banned in the parks completely.
Director Lillis said she did not wish to speak for them, but she believes this has been documented in the meeting minutes.
Councilman Revenaugh stated when Council received the letter from the Parks and Recreation Advisory Board, it stated the Board wished to ban smoking in the parks, and the Council accommodated that request. Now, they have turned around and said they did not want a completely total ban. Those are citizens whose guidance Council was trying to follow, because they are made up of the residents who live in this community. Councilman Revenaugh said he had less of a problem with smoking on the 4th of July, when one cannot drive down a street without smoke.
Director Lillis said as Councilmember Suter mentioned the direction of the wind, that is one of Staff’s concerns with fireworks in general, because Staff must see which way the wind is blowing before they can sit up the fireworks shell holders. Director Lillis said her experience tells her that the requested smoking area is in the best place, because typically, the wind blows the other direction; however, it is hard to tell which direction the wind will be blowing on that night, and she cannot answer that today.
Mayor Pro Tem Smith said the proposed area is isolated by the pond and some foliage.
Director Lillis agreed and said the area affords a natural break, because most of the families will be near the playground and in front of the stage.
Mayor Pro Tem Les Smith amended his motion to approve the designated smoking areas with the amendment as follows: there will be no designated smoking area in Oak Grove Park during the Theatre in the Park performances, and the proposed designated smoking area for the 4th of July remains on the south side of the park, but with the “memo to self” and Staff that this be monitored and reviewed again next year. Councilman Mark Revenaugh seconded.
Director Lillis said Staff will provide this information in the program for the Theatre in the Park events. This will be a way to notify people, as well as by announcements that will be made during the event.
The vote: “Aye” – Councilman Barry McCullough, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. “Nay” – Councilmember Carol Suter (4-1).
REGULAR AGENDA
Item 6. on the Agenda. Communications from the Audience.
John A. Rupert, 6407 North Wayne, said he read in the newspaper that Gladstone is still looking for a business to bring a hotel into the City, and he would like to suggest that instead of looking for a big hotel, the City should try to get some Bed and Breakfasts in the City, which will give the City a background later for how many people use such a facility, before obtaining a hotel.
John Garner, 111 Heatherton Court, asked regarding the no smoking at the Theatre in the Park and such events, would it be possible for the people who are directing traffic to hand a memo to the public reminding them of the no smoking policy.
Mayor Rudi replied that is kind of a good idea, but what Staff will find is little pieces of paper all over the park, and she would rather see it in the program and announced by the press prior to the event. It will also be announced from the stage prior to the performances.
Mr. Garner suggested the volunteers that folks see as they first pull into the park, could just mention it to the people.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Barry McCullough stated he had the opportunity to go to Jefferson City with City Manager Davis about a week and a half ago, and he enjoyed participating in a conference for newly elected officials. It was a good opportunity to network and learn a few things about protocol.
Councilmember Carol Suter had no comments at this time.
Councilman Mark Revenaugh had no comments at this time.
Mayor Pro Tem Les Smith said it was good to see Parks and Recreation Director Lillis make it up to the podium on her own two feet; she had some knee surgery recently, and he is glad it went well.
Mayor Carol Rudi stated she wished to remind everyone that on Saturday at 4:00 PM will be the first annual meeting for the Friends of the Atkins Johnson Farm. There is still time to buy a membership, which is very cheap. There will be a great speaker at the meeting, and some really exciting news. Mayor Rudi asked Director Lillis to report about the Corporate Challenge event.
Parks and Recreation Director Lillis said the City will be hosting the Corporate Challenge Monday through Thursday of this week, and there will be approximately 1,500 to 2,000 people in attendance each night over the next four nights. The concessions will be open.
Mayor Rudi reported the July 4th event will be in Oak Grove Park with the band concert beginning at about 8:30 PM. Folks will want to arrive early for a good place to park and for a good view of the fireworks.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis had no comments at this time.
Item 9. on the Agenda. RESOLUTION 09-49, authorizing execution of agreements between the City of Gladstone, Missouri, and the Kansas City Area Transportation Authority to provide Public Transportation for the period July 1, 2009 through June 30, 2010, and to construct a Transit Shelter at 72nd and North Prospect Streets.
Councilmember Carol Suter moved to adopt RESOLUTION 09-49, authorizing execution of agreements between the City of Gladstone, Missouri, and the Kansas City Area Transportation Authority to provide Public Transportation for the period July 1, 2009 through June 30, 2010, and to construct a Transit Shelter at 72nd and North Prospect Streets. 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 10. on the Agenda. FIRST READING BILL 09-20, repealing Ordinance No. 4.042 (Section 6.110.100 of the City Code) and enacting in lieu thereof a new section to provide for an increase in the minimum Service Charge to $7.63 bi-monthly, as a portion of the Water Service Rates for the City of Gladstone, Missouri.
Councilman Barry McCullough moved to place Bill 09-20 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.
Councilman Barry McCullough moved to accept the First Reading of Bill 09-20, 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.
Councilman Barry McCullough moved to accept the Second and Final Reading of Bill 09-20 and to enact the Bill as Ordinance #4.112. 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 11. on the Agenda. FIRST READING BILL 09-21, approving an Ordinance to Opt Out of the State imposed Sales Tax Holiday between August 7th and 9th, 2009.
Councilmember Carol Suter moved to place Bill 09-21 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.
Councilmember Carol Suter moved to accept the First Reading of Bill 09-21, Waive the Rule and place the Bill on its Second and Final Reading. Mayor Pro Tem Les Smith seconded.
City Manager Davis stated that historically this is an issue where if Council does not take action, there will be a Sales Tax Holiday in August, before school begins. If Council votes to approve this Bill, the City will be opting out of that holiday, and therefore, not participating in that sales tax event. City Manager Davis said historically, this is a Sales Tax Holiday that Council has chosen to accept, and if this is approved, Council is reversing that action.
Mayor Pro Tem Smith said, for clarification, if Council wants to participate in the Sales Tax Holiday, the vote should be “no”.
Mayor Rudi said the difference is a little over $3,000 per year.
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 09-21 and to enact the Bill as Ordinance #4.113. Mayor Pro Tem Les Smith seconded.
Mayor Pro Tem Smith asked City Manager Davis if it were known what Kansas City has done with this issue.
City Manager Davis replied he does not know what Kansas City has done with this issue, but typically in the past, they have participated in the Sales Tax Holiday.
Mayor Pro Tem Smith said he would not want to put our businesses at a competitive disadvantage by opting out, so he would be voting “no”, so our City may participate in the holiday for that reason.
Councilman McCullough said he felt that even if Kansas City did choose to opt out of the holiday, it puts our businesses at a competitive advantage, so he also would be voting against this action.
Councilman Revenaugh stated he liked the idea that Council would be giving the people who are shopping in Gladstone, and who are hopefully Gladstone residents, the opportunity to take advantage of the Sales Tax Holiday.
Mayor Rudi asked City Counselor David Ramsay if City Council does approve this and opts out of the Sales Tax Holiday, would it be necessary to go through this process every year?
Counselor Ramsay replied that whatever decision City Council members make stands until that decision is changed.
City Manager Davis stated the direction from Council in the past has been to bring this issue up every year for consideration.
Councilman Revenaugh said he believes that is a good policy.
Mayor Rudi said she would be voting against this as well, because she does not feel $3,000 justifies putting our businesses at a disadvantage.
Roll call vote: All “nay” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (0-5).
Mayor Rudi stated that Bill 09-21 was not approved.
Item 12. on the Agenda. OTHER BUSINESS.
There was no Other Business.
Item 13. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 14. on the Agenda. ADJOURNMENT.
There being no further business to come before the June 22, 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