MINUTES
CITY COUNCIL MEETING
GLADSTONE, MISSOURI
MONDAY, JULY 13, 2009
REGULAR CITY COUNCIL MEETING
7:30 PM
PRESENT: Mayor Carol Rudi
Mayor Pro Tem Les Smith
Councilman Mark Revenaugh
Councilmember Carol Suter
City Manager Kirk Davis
Assistant City Manager Scott Wingerson
City Counselor David Ramsay
ABSENT: Councilman Barry McCullough
Item 2. on the Agenda. ROLL CALL
Mayor Carol Rudi opened the Regular July 13, 2009, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers, and noted that all City Council members were present, except for Councilman McCullough, who was out of town. Mayor Rudi introduced Boy Scout Christopher Durant, from Troop 1731, sponsored by the LDS Church, and his father, Paul Durant. Mayor Rudi thanked them for attending, and said Christopher is a new scout who is working on a Boy Scout merit badge.
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 22, 2009, CITY COUNCIL MEETING MINUTES.
Councilman Mark Revenaugh moved to approve the Regular June 22, 2009, City Council Meeting Minutes as presented. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Item 5. on the Agenda. PROCLAMATION: designating the month of July 2009, as “NATIONAL PARKS AND RECREATION MONTH”.
Mayor Rudi read and presented the Proclamation to Parks and Recreation Director Sheila Lillis, and Parks and Recreation Advisory Board members Freddie Nichols and Donald Harper.
Director Lillis thanked the Mayor and Council, and said the Parks and Recreation Advisory Board is a great Board, whose members who do important work. Director Lillis said she wished to express her thanks on behalf of the Parks and Recreation full time and part time employees, the volunteer coaches, and the volunteers who work with Parks and Recreation programs, all of whom work very hard.
Mayor Rudi thanked them for all their efforts on behalf of the City.
Item 6. on the Agenda. CONSENT AGENDA
Councilmember Carol Suter moved to accept the Consent Agenda as presented. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-50, authorizing the City Manager to execute an agreement with Bolling Heights Community Link, in the form of a Land Use Agreement, for the use of the island at the intersection of North Campbell Street and North Harrison Street; and authorizing the execution of all necessary requirements by the City of Gladstone to be carried out in conjunction with the Land Use Agreement. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-51, authorizing acceptance of work under contract with Fry and Associates, Incorporated, for the Happy Rock Park Expansion Shelter; Project CP0862. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-52, authorizing acceptance of work under contract with Harvest Productions, Incorporated, for the Oak Grove Park Amphitheater Lighting Truss; Project CP0863. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-53, authorizing execution of a contract with Little Joe’s Asphalt, Incorporated in the total amount not to exceed $254,440.07 for the 2009 Mill and Overlay Program; Project TP1001. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-54, authorizing acceptance of work under the contract with Saladino Plumbing and Heating Company, Incorporated for the Gladstone Community Center HVAC and Mechanical Project; and authorizing final payment in the total amount of $23,587.20; for project CB0662. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-55, authorizing a Landscape Easement to Peterson Development Company in conjunction with the Preserves at Carriage Hill Estates Development. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-56, accepting a Temporary Construction Easement from a property owner in conjunction with the Shoal Creek Bicycle/Pedestrian Trail Project (TP0671). Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-57, acknowledging the transfer of title to Big Shoal Creek Cemetery to the City by judgment of the Circuit Court of Clay County. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to approve the following ANNUAL LIQUOR LICENSE RENEWALS:
The Office Bar and Grill, 6825 North Oak Trafficway; Class A Liquor by the Drink License.
Margarita’s North, 7013 North Oak Trafficway; Class A&B Liquor by the Drink License.
Hy-Vee Food and Drug Store, 7117 North Prospect, Class A&B Liquor by the Drink License.
Hy-Vee Gas, 7121 North Prospect, Seven-Day Package Liquor License.
Buck’s-Home of the Big Game, 5708 North Oak Trafficway; Class A&B Liquor by the Drink License.
Wasahi, LLC, 328 NE 72 Street; Class A&B Liquor by the Drink License.
TNT Two, Inc., dba Tanner’s Bar & Grill, 6024 North Antioch Road; Class A&B Liquor by the Drink License.
Kwik Shoppe, 7603 North Oak Trafficway, Six-Day Package Liquor License.
Euromarket, 6942 North Oak Trafficway; Six-Day Package Liquor License.
Price Chopper, 6745 North Prospect, Seven-Day Package Liquor and Wine Tasting License.
Bubbles Wines & Spirits, 7407 North Oak Trafficway; Seven-Day Package Liquor License.
Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
REGULAR AGENDA
Item 7. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
John Lash, 6000 North Wyandotte, began by saying he was present to discuss a large bush of poison ivy. He called the City to see if something could be done about it. Six weeks have gone by and it is still there. Mr. Lash said he has a privacy fence that is six feet tall, and the poison ivy is going up through the trees on the other side and up onto the telephone pole and along the telephone lines. It is probably 20 feet tall. Mr. Lash said he sent a picture of it to someone in City Hall. The solution from the Parks and Recreation Department was “you spray on your side, and he will spray on his side”. The man from the Codes Division said there was a huge poison ivy plant over there. Mr. Lash said he does not know how anyone can spray a plant that is 20 feet up in the air. By the time he sees it, it is eight-feet tall. Mr. Lash said he has tried to go through all the steps but it is not working. Mr. Lash said he has one lung, has arthritis, and diabetes, and is awfully allergic to poison ivy. He had to go to the hospital once for it. Mr. Lash said something needs to be done. By the time someone decides to do something, it is 20 feet tall. The man who works with the Parks and Recreation Department knows how to deal with this. Mr. Lash said he feels the City of Gladstone or the Parks and Recreation Department should get rid of it.
Mayor Rudi said there is an issue of going onto private property.
Assistant City Manager Scott Wingerson said he was aware of this, and the employee is not in the Parks Department, he is in another City department. Mr. Wingerson said it was his understanding that the property owner in Gladstone has sprayed the poison ivy on two or three occasions this year. Mr. Wingerson said he has not had the chance to see this himself to know the size of it. It may be one of those situations where it needs to be cut out and then sprayed. Mr. Wingerson stated that Mr. Lash was provided sound advice in spraying the poison ivy from both sides, which is really the answer, because just spraying one side, does not work. Mr. Wingerson said he would be glad to meet Mr. Lash this week, and look at the poison ivy, and take whatever action he can, but at least the employee is attempting to correct the problem, just not to Mr. Lash’s satisfaction at this point.
Mayor Rudi said she had a poison ivy plant 20 feet high, and it did require cutting it out, which if one is allergic to it, is a pretty hazardous thing to do. Mayor Rudi asked Mr. Lash to get with Mr. Wingerson to set a time for him to take a look at the situation.
Mr. Lash said this happened before when he had a chain link fence. He had some friends come down and they installed a privacy fence, thinking that the poison ivy would not be able to come through, but it does still come through the cracks of the privacy fence.
Mayor Rudi noted that Mr. Wingerson was leaving the room to visit with Mr. Lash.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilmember Carol Suter asked for updates on Quik Trip’s new entry on 72nd Street. Councilmember Suter said she is getting lots of questions from her neighborhood about Walmart and if that project is on track, and she would also like an update on the time table for the multi-family units construction on 72nd Street, in the Stratford Park area.
City Manager Kirk Davis said the Walmart construction project is on schedule. They will be asking for a building permit, which will be on an August agenda. They have actually started work inside the store. Walmart is still on time for the August timeframe, and everyone is looking forward to those improvements.
Assistant City Manager Scott Wingerson stated he did not have the information at this time for an update on the new construction in the Stratford Park area, but he would provide an update to City Council members in the upcoming FYIN packet.
Councilmember Suter asked for an assessment regarding the extra publicity for the fireworks issue this 4th of July season. The people in her neighborhood were either unfazed or unaware of the increased attempt to adhere to the fireworks prohibition Ordinance, because her streets were pretty much closed to traffic because of people setting off fireworks.
City Manager Davis replied that there would be a report in Council’s FYIN this week. Councilman McCullough asked for some information last week about the City’s labor costs and so forth. Once the payroll period ends, those numbers will be available, which is why the report to Council has been delayed until this week. The report will include how many tickets were issued, the amount of fireworks confiscated, how many calls were made, the manpower utilized, along with other information. Public Safety Director Mike Hasty will be compiling the information in a report for Council for their FYIN packet on Thursday. City Manager Davis said, in his opinion, the preplanning and press releases were far better than what has been done in the past. Public Information Officer Richard King spent some “live time” on at least three news channels. There was a representative from one channel who rode with an officer on July 3, 2009. City Manager Davis said he believed all of that publicity helped. City Manager Davis said he knows from being in the park at the July 4th celebration, that the fireworks usage around the park was down substantially. Staffing was increased on July 3 and July 4, and those numbers will be part of the report. City Manager Davis said he believed the pre-publicity helped out quite a bit, and he knows that Director Hasty made a note to check what happened and what calls were made on North Bellefontaine (Councilmember Suter’s neighborhood).
Councilmember Suter said they went for a stroll on July 4 with their grandbaby. Their neighborhood is three cul-de-sacs and one dead end. As they walked, there were a number of kids and a man or two in the middle of the cul-de-sacs setting off fireworks, and they found this each area they walked.
City Manager Davis said Staff would check to see what calls were made and how staff responded to Councilmember Suter’s neighborhood, but all in all, he believes this year was better than in the past.
Councilman Mark Revenaugh congratulated Finance Director Debra Daily and the Finance Department for receiving yet again the Certificate of Achievement for Financial Reporting, which is a big deal in the finance industry. Councilman Revenaugh congratulated the Parks and Recreation Department on a great fireworks display on July 4. It was well attended in spite of some shaky weather. Councilman Revenaugh said it was the quietest 4th of July he has spent in Gladstone. From the time he woke up in the morning until he went to bed at night, he did not hear fireworks. Perhaps folks were more law abiding in the Brooktree side of Gladstone than they were in Councilmember Suter’s area. Councilman Revenaugh said he was prepared to congratulate the public for their adherence to the Ordinance. It was really quiet. When leaving the fireworks display in the park, there were not the usual kids out in the street shooting fireworks. Councilman Revenaugh said he thought this year was completely different from previous years and very quiet all day long. Councilman Revenaugh expressed congratulations to all the people who complied with the Ordinance prohibiting fireworks.
Mayor Pro Tem Les Smith began by saying after the public awareness campaign, if anyone in our City did not know fireworks were illegal they have been living under a rock. Mayor Pro Tem Smith said his feelings on this issue are well documented, but he believes the previous Public Safety Director let this go “in one ear and out the other” and did not take the Council seriously. Public Safety Director Hasty and his staff took it seriously this year. It is evident that they are taking traffic enforcement seriously and it was very evident that they took the Fireworks Ordinance seriously this year. Mayor Pro Tem Smith said he appreciates when people listen to Council and try to carry out Council’s policy direction. It was very refreshing, and Public Safety went after it with a lot of vigor. Mayor Pro Tem Smith said his advice to some people would be to call the police if fireworks are going off in their neighborhood and they do not like it. Some folks in his law abiding Brooktree neighborhood did that and it actually quieted things down. Mayor Pro Tem Smith thanked staff for doing their job so well with this – from City Manager Davis and Director Hasty and down. Mayor Pro Tem Smith said the event at the park went off very well. There were a lot of people in a small area at the end of a hot day, and our City does a good job of taking care of them, and we did that again this year, so a pat on the back to those folks.
Mayor Pro Tem Smith said he has been collecting paper that Council receives in their packets since March and he now has a tall stack. The Neighborhood Development Report that Council received, for example, shows we need to be seriously thinking about firm direction in receiving this information electronically; whether by e-mail, or copied to a disk and delivered to Council. A lot of the copies made by the City and given to Council can be cut down, which would aid the sustainability effort. Mayor Pro Tem Smith encouraged Council members to ask staff to get serious about changing the way we do business with the packets, because Council receives a boatload of paper.
Mayor Carol Rudi said she agreed about the huge amount of paper, and said she saves her information and prints on the back of anything that is vacant and not confidential, and she has a huge stack. Mayor Rudi congratulated staff on the July 4 event. It was great and the weather was questionable for a while, and at first there were not many people, but all of a sudden they showed up, and it was wonderful. It was a great event. Mayor Rudi thanked Parks and Recreation Director Lillis for providing such a nice evening.
Mayor Rudi said regarding the Fireworks Ordinance enforcement, her neighborhood was extremely quiet, and normally, if she can go to sleep before midnight, she is happy. It was so quiet, she kept thinking it was not July 4, but she knew it was because she had been at the park. It was the same thing the day before and the day after, because usually the day after July 4, all the leftover fireworks are used up all day long. Mayor Rudi said it was a good effort and she appreciated it. Mayor Rudi asked that Director Hasty share her appreciation with the Public Safety Department.
Mayor Rudi congratulated City Counselor David Ramsay on the acquisition of the cemetery located across from the Atkins Johnson Farm. That was done on June 24, and the Atkins Johnson Friends are ecstatic. Mayor Rudi thanked Counselor Ramsay for his hard work on this project.
Mayor Rudi invited Parks and Recreation Director Lillis to report on upcoming events in the City.
Director Lillis reported that this weekend the City hosted the Theatre in the Park production Once Upon a Mattress, with a little over 6,000 people in attendance at the event. Even with the weather, the shows went off very successfully, and there were no issues with smoking or anything else. It was very well received and it was a very good three evenings at the park. The City is hosting the Metropolitan Swim Championships for the City’s outdoor swimming program on July 18, beginning at 6:30 AM. It will be hosted in the indoor pool, and will be finished about 1:30 PM. On Friday, July 24, the City is partnering with Best Buy to present Madagascar II at 9:00 PM at the Oak Grove Amphitheatre. It is a PG film.
Item 9. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis had no comments at this time.
Item 10. on the Agenda. APPROVAL OF A LIQUOR LICENSE RENEWAL for Gladstone Bowl, Inc., 300 NW 72nd Street, Class A&B Liquor by the Drink License.
Councilman Mark Revenaugh moved to approve A LIQUOR LICENSE RENEWAL for Gladstone Bowl, Inc., 300 NW 72nd Street, Class A&B Liquor by the Drink License. Councilmember Carol Suter seconded.
Mayor Pro Tem Smith said due to a conflict of interest, as he owns this business, he would be abstaining from this vote.
The vote: “Aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Carol Rudi. “Abstain” – Mayor Pro Tem Les Smith (3-1-0).
Item 11. on the Agenda. RESOLUTION R-09-58, authorizing the City Manager to finalize a loan agreement with First Bank of Missouri to provide one million dollars in funding for additional sanitary sewer improvements within the Mill Creek Basin.
City Manager Davis said the City has a bond issue that is being paid off in the year 2012. What is being attempted here is to wrap a small debt obligation around that debt service falling off, in order to immediately accomplish some needed sewer improvements in Mill Creek around the 60th and Garfield area. At some point in time between now and 2012, there is also going to be discussion about a no rate increase bond issue that will help the City with further improvements at the Water Plant and with some sustainability issues, and with the water and sewer systems. This is an area that was built some time ago, and has some deficiencies in the sewer system and it is hoped to make a big dent in what our needs are in that area now, and not really cost the City anything in terms of any long term financing and it certainly does not involve a rate increase.
Mayor Pro Tem Les Smith moved to adopt RESOLUTION R-09-58, authorizing the City Manager to finalize a loan agreement with First Bank of Missouri to provide one million dollars in funding for additional sanitary sewer improvements within the Mill Creek Basin. Councilmember Carol Suter seconded.
Mayor Pro Tem Smith noted that the City usually has some claims coming out of this area when there is a heavy rainfall. Mayor Pro Tem Smith asked what part of that is paid “out of pocket” by the City? Mayor Pro Tem Smith said the City is looking at five percent interest on a million dollars, but hopefully, once some work is completed, that should offset some of our “out of pocket” claims.
City Manager Davis replied the City’s “out of pocket” claims exceed that interest payment every year. The City’s deductible is $5,000 per claim, and most of the claims are not $5,000, but it might happen in a particular home for a couple of times, especially during the spring season. There are times when it is more than $5,000 and the City may elect to go ahead and pay that rather than turning it in to the insurance company. It depends on the circumstances and the situation. The City averages approximately $90,000 to $100,000 in claims generally in that basin, which is quite large. That is everything south of Antioch Middle School down to Englewood Road. City Manager Davis said he did not want to say this is a horrible situation in a particular neighborhood. It is in a big area, and the City will have an opportunity to make an impact with this loan and the projects.
Mayor Pro Tem Smith said one million dollars is not the whole deal. There are a lot of wishes down there, but those folks have a real mess in this area sometimes, and this will help to mitigate some of those events, and it is further looking on City Manager Davis’s part, and that is the kind of thinking that Council appreciates. Council knows there is going to be some funds available, and the City can help get these folks some relief by leveraging that, and this is a good move.
Mayor Rudi said she believes this is excellent financial planning, and she appreciates City Manager Davis’s ability to find the money where and when it is needed.
The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Item 12. on the Agenda. FIRST READING BILL 09-22, amending Sections 1.105.450, relating to City Prosecutors, and 1.125.060, relating to Assistant Municipal Court Judges, contained within the Code of City Ordinances, by enacting new provisions establishing a sufficient number of Assistant Municipal Judges and Assistant City Prosecutors, to administer the various dockets of the Municipal Court, including the "Housing Court."
Councilman Mark Revenaugh moved to place Bill 09-22 on its First Reading. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the First Reading of Bill 09-22, Waive the Rule and place the Bill on its Second and Final Reading. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the Second and Final Reading of Bill 09-22 and to enact the Bill as Ordinance #4.113. Mayor Pro Tem Les Smith seconded.
Roll call vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Item 13. on the Agenda. FIRST READING BILL 09-23, amending Schedule IV and Schedule V of the Model Traffic Code (Gladstone Municipal Code Section 4.100.020), to modify the hours of the “No Parking” Zone for traffic on North Michigan Avenue from Northeast 62nd Terrace to Northeast Shady Lane.
Councilmember Carol Suter moved to place Bill 09-23 on its First Reading. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Councilmember Carol Suter moved to accept the First Reading of Bill 09-23, Waive the Rule and place the Bill on its Second and Final Reading. Mayor Pro Tem Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Councilmember Carol Suter moved to accept the Second and Final Reading of Bill 09-23 and to enact the Bill as Ordinance #4.114. Mayor Pro Tem Les Smith seconded.
Roll call vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Item 14. on the Agenda. OTHER BUSINESS.
There was no Other Business.
Item 15. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 16. on the Agenda. ADJOURNMENT.
There being no further business to come before the July 13, 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: ___
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Mayor Carol A. Rudi