CITY COUNCIL MEETING
MONDAY, AUGUST 10, 2009
ADJOURNMENT TO CLOSED EXECUTIVE SESSION
Mayor Pro Tem Les Smith opened the City Council Meeting to adjourn to a Closed Executive Session on August 10, 2009, at 6:00 PM. Councilmember Carol Suter made a motion to adjourn to Closed Executive Session pursuant to Missouri Open Meeting Act Exemption 610.021(1) for Litigation and Confidential or Privileged Communications with Legal Counsel, and 610.021(2) for Real Estate Acquisition Discussion, and 610.021(3) for Personnel Discussion. 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).
Mayor Carol Rudi adjourned the Closed Executive Session to go into the Regular City Council meeting at 7:30 PM.
REGULAR CITY COUNCIL MEETING
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 August 10, 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 July 27, 2009, CITY COUNCIL MEETING MINUTES.
Councilman Mark Revenaugh moved to approve the Regular July 27, 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
Councilmember Carol Suter moved to approve the Consent Agenda 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).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-64, approving purchases of three tracts of land located at 6909 North Locust Street, 6911 North Locust Street, and 504 Northeast 70th Street. 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).
Councilmember Carol Suter moved to approve the following ANNUAL LIQUOR LICENSE RENEWALS:
Smokehouse BBQ, Inc., 6304 North Oak Trafficway, Class A&B Liquor by the Drink license.
Applebee’s Neighborhood Grill & Bar, 6069 Northeast Antioch Road, Class A&B Liquor by the Drink License.
El Patio, LLC dba Senor Tequila, 6502 North Oak Trafficway, Class A&B Liquor by the Drink License.
Tortilla Flats, 5716 Northeast Antioch Road, Class A&B Liquor by the Drink License.
CVS, 6129 Northeast Antioch Road, 7-Day Package Liquor and Wine Tasting License.
CVS, 7107 North Oak Trafficway, 7-Day Package Liquor license.
Walmart, 7207 Missouri Route 1 Highway, 7-Day Package Liquor License.
Aldi, 7604 North Oak Trafficway, 7-Day Package Liquor License.
Trex Mart #7, 5810 Northeast Antioch Road, 7-Day Package Liquor License.
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 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Dylan Dameron, 412 NW Claymont Drive, Kansas City, Missouri, 64116, announced to Council that he would be performing a magic show Saturday, August 29, 2009, at Oak Grove Park, and invited and welcomed Council to attend. Mr. Dameron provided Council members with cards containing information regarding “The Great Dylani” Magic Show.
Mayor Pro Tem Les Smith jokingly said the good news is that in one of Mr. Dameron’s magic shows, Mr. Dameron made him disappear; the bad news is Mr. Dameron brought him back!
Mayor Rudi jokingly commented that she asked if there was a way that Mr. Dameron could keep Mayor Pro Tem Smith next time. Mayor Rudi informed Mr. Dameron that she had checked her calendar and that she was available to attend and requested that he remind her using her city e-mail.
Mr. Dameron said that if Council members come to the magic show, he promises to make some of Council disappear, and that at the end of the show, he might call a vote and if the voters approve, he will bring the Council members back!
Mayor Rudi jokingly said she might change her mind, and asked that Mr. Dameron at least get her back to baby-sit her grandkids on Monday!
Mayor Pro Tem Smith said that Mr. Dameron does a great job, he is a lot of fun, and suggested that everyone should attend.
Paul Thomas, 6819 North Bellefontaine, stated that his inquiry stems from a conversation he had last week with the Public Works Department personnel. Mr. Thomas stated that there is a fence that butts up against his property and it is also butting up against his neighbor’s property. This fence was constructed at his insistence when he granted the City an easement on his property in 1989. The fence protects an area in front of a wingwall that is for a 4x6 foot storm sewer. The paved ditch is near a 30-inch outlet from a detention basin and is almost six feet deep. Mr. Thomas said the fence was to protect him, as well as the City, from litigation from someone falling into the hole and possibly being swept away. The City has maintained this fence for 20 years. Mr. Thomas said he requested part of the fence to be repaired. Mr. Thomas said the Public Works employee told him that the City is not responsible. Mr. Thomas said he received a letter from Mr. Hermann with confirmation of his call, including maps, and a copy of an old 1965 easement. The easement was done before his house was built. Mr. Thomas said he is in possession of a letter, that he provided to City Council, dated December 26, (1989), by then City Manager James Norris, on Gladstone’s letterhead stating “the wingwall, fence and pipe are completely within the easement and the responsibility of the City”. Mr. Thomas said this letter was for his records, as it was a settlement between him and the City instead of litigation. Mr. Thomas said he had signed an easement on December 13, (1989), and it was to be recorded, but the City has one from 1965, and now he questions whether it was ever done, whether it was ever turned over to the Recorder of Deeds of Clay County. Mr. Thomas said the only thing he is asking is for the City to live up to its prior commitment and fix the fence. Mr. Thomas thanked the City Council.
City Manager Kirk Davis said that he would check into this matter.
Mayor Rudi confirmed Mr. Thomas’s address and stated that the letter was signed by Jim Norris. Mayor Rudi asked Mr. Thomas to leave his phone number so that City staff could contact him, and Mayor Rudi assured Mr. Thomas that the City would look into this matter.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Barry McCullough had no comments at this time.
Councilmember Carol Suter offered kudos to staff and all the volunteers for the Theatre in the Park production. Councilmember Suter said that, unfortunately, she was one of the folks that got washed out last night, but she is always reminded, especially this summer, by everything that she attends, how absolutely important it is for a city to provide recreation and entertainment options for its citizens. In this terrible economy, for a lot of people, that was the best family event they could do for free. Quality work on all parts, it’s always amazing how many people volunteer to work in these things and perform in them, and as always, it was well run, well organized, except we didn’t have control over Mother Nature.
Councilmember Suter asked Assistant City Manager Scott Wingerson if the M-1 sidewalk project would include pedestrian cross lights or crossings at M-1 and 72nd Street. They are going to put a bus stop near that area. Councilmember Suter said she watched a man the other day, by himself, in a wheelchair, trying to cross that intersection. People have to be able to cross the street; otherwise, what’s the point of the sidewalks.
Public Works Director Chuck Williams said that staff would have to check on that, but he did not believe so. Staff will verify with MoDOT (Missouri Department of Transportation), and through City Manager Davis, Director Williams will provide the information to Council members.
Councilmember Suter said that it struck her that she had not asked that question specifically before and it seems like a “no-brainer”. If you are putting all the sidewalks in so people can walk there, they have to cross the street, and there is no pedestrian crossing. Councilmember Suter said she sees people with their arms full from Walmart and Hy-Vee crossing there all the time, and people with children, but this was the first time she had seen an unaccompanied person in a wheelchair attempting to make that crossing. Councilmember Suter said that she didn’t know how long it took him, or if he ever did get across the street. It raises the hair on the back of your neck watching that go on.
City Manager Davis said that there are also a couple of other projects that might come into play with that potential improvement. One, we have talked briefly about, which is perhaps a three-lane cross section east of the area that effects that intersection and its approach. Also, the redesign of that entire intersection probably is in order, as we have seen growth, especially to the east and north, since that intersection was built.
Councilman Mark Revenaugh had no comments at this time
Mayor Pro Tem Les Smith offered congratulations, for the record, to the folks in Public Safety who are being promoted: Sergeant Kenneth Buck, Sergeant David Smith, Sergeant Mitzi Boydston, Sergeant William Willoughby, Sergeant Robert Hayes, Sergeant Bryan Boydston, and Corporal Chris Smith. Mayor Pro Tem Smith said the best department keeps getting better, and offered congratulations to all who were promoted.
Mayor Carol Rudi said that normally she would ask Parks and Recreation Director Sheila Lillis to report on what is going on at the park; however, Director Lillis has provided a nice flyer with all the information. Mayor Rudi read the information on the events as follows:
August 16 6:00 PM Sweet Adelines
August 29 7:30 PM The Great Dylani Magic Show
September 27 3:00 PM The UMKC Broad Brass Band
October 11 3:00 PM The Northwinds Jazz Band
October 30 6:00 PM Friday Fright Night
Mayor Rudi said that Friday Fright Night is a really good event, and she hoped everyone would attend. All the events are free and are held at Oak Grove Park. Mayor Rudi suggested that folks bring their blankets, chairs, picnics, or whatever they would like in order to enjoy the park and all that it has to offer.
Mayor Rudi added that she was not rained out Friday at Theatre in the Park and thoroughly enjoyed it. Mayor Rudi thanked staff for their hard work.
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. CONSIDERATION OF A LIQUOR LICENSE RENEWAL for RNB, LLC dba Red, 316 NE 72nd Street, Class A Liquor by the Drink License.
Councilmember Suter stated that before Council members began their conversation, she would like to ask that the reports included in the Memorandum dated August 6, 2009, from Counselor David Ramsay to City Council, be included in the Minutes, so that those reports are part of the record.
Councilman Revenaugh said that in addition to that, it would be a good idea to include the letter dated August 6, 2009, addressed to Counselor Ramsay from Counselor Phillip Willoughby.
Mayor Rudi asked that City Clerk Cathy Swenson be sure and include those with the next Minutes.
Mayor Rudi said that this particular license has been one that has been controversial. Normally, these are all approved in a large list, as was done earlier on the agenda, and there are several reasons for that. Mayor Rudi asked Council members if they wished to make a motion and vote, or if they would like to discuss this issue.
Councilmember Suter said that she would like to at least hear what everybody is thinking at the moment. Councilmember Suter said she is torn a bit on this one, as the record is quite disappointing in terms of the poor performance of this business in our community, and because there has been a kind of a history at this location, and the newest owners and operators were well aware and forewarned, when they applied for a business license, about some of the issues that had happened there. This 14 months experience has not been a very good one for the City at all, and in fact, it violates a number of those kinds of issues that it was hoped would be corrected with the new operator. Councilmember Suter said that she was really of the mind to say that Gladstone doesn’t need this kind of business in our community; on the other hand, though again she understands the owner and operators were given advanced warning about the concerns of the City and this operation, she is concerned that this is a livelihood for lots of people, that people have invested their time, money and fortunes in a business, and so she also wants to be fair. Councilmember Suter said that she is leaning more towards looking at something short-term or provisional so that maybe some conditions could be laid down, and Council could take a really close look, really hold the owners highly accountable, and then be able to consider whether a regular renewal could be approved.
Councilman McCullough said that he was very much in the same vein and his areas of concern are that this business has so much exposure from minors to drinking and repeated offenses, that on the surface, he is really inclined to not renew the license at all, but that he is open to discussion for eliminating any possibility of anyone under the age of 21 entering the establishment and try to see if we could correct the problems accordingly based on starting there - again with a provisional type license, and definitely a “one strike” type probation and go from there.
Mayor Pro Tem Smith said that so far he agreed with everything that had been said. A business has a real obligation when they exercise the privilege of holding a liquor license and he knows that very, very well. Mayor Pro Tem Smith stated, with that said, he would be inclined to support the comments of Councilmember Suter and Councilman McCullough in holding the business owners to the letter of the law, and to the provisions set forth in the letter from their attorney, and perhaps Council should ask our legal counsel to draft an Ordinance that contains all of those conditions under a very, very strict and limited scope as far as to the duration of the license, and as Councilman McCullough said, a “one strike and you are out” type of agreement. Mayor Pro Tem Smith said if Council had not received some correspondence from the business’s attorney with some apparent willingness to change their business model, he would have been voting “no” on this liquor license renewal, and would have felt that Council would have just cause to do so. Mayor Pro Tem Smith said if Council were willing to send this issue back to the City’s legal counsel for action by City Council at the next meeting, he would be willing to look at that, and consider with an open mind a possibility of giving them a second chance.
Councilmember Suter suggested a “short second chance”.
Councilman Revenaugh said that he thought that the marketing towards those individuals 18-20 years of age in this drinking establishment is what he found most offensive. The law enforcement record would prove that has probably been the biggest area of offenses. The recommendation from law enforcement, he believes, was not to renew, but if Council cares to go down this path, then he agrees with the other Council members. Councilman Revenaugh said he knows in the letter from the business’s attorney that the business offered to restrict 18-20 year olds only to the weekends, but the weekends have had the greatest number of offenses, so he does not see that as a probable solution. Councilman Revenaugh said if some kind of probationary license could be crafted, and Counselor Ramsay could let us know if we’re on the wrong track here, but if there is some sort of probationary license that we could issue going forward; again, eliminating the 18-20 year olds from being admitted on the premises, and then along with the other criteria that they put in their letter, that they are willing to do voluntarily, then he could see going along with a short term probationary license.
Mayor Rudi asked if Councilman Revenaugh agreed with the “one strike” type probation.
Councilman Revenaugh replied he did agree with that, depending on the offense. Councilman Revenaugh said he does not think if there is trash in the parking lot, that should be the “strike”, but another minor on the premises or especially a minor in possession of alcohol on the premises should be grounds for immediate revocation.
Mayor Pro Tem Les Smith moved to table action on this liquor license renewal, with the license to be considered at the City Council meeting to be held August 24, 2009. Councilman Mark Revenaugh seconded.
Mayor Rudi asked Counselor Ramsay if he would have a problem crafting a document to bring forward to Council at the next City Council meeting.
Counselor David Ramsay replied he would certainly have such a document ready for Council’s consideration at the next City Council meeting.
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 09-24, authorizing the City Manager to execute an agreement with the Missouri Department of Transportation (MoDOT) for federal funds relating to the North Oak Enhancement Project
Mayor Pro Tem Les Smith moved to place Bill 09-24 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.
Mayor Pro Tem Les Smith moved to accept the First Reading of Bill 09-24, 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.
Mayor Pro Tem Les Smith moved to accept the Second and Final Reading of Bill 09-24 and to enact the Bill as Ordinance 4.115. 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 11. on the Agenda. OTHER BUSINESS.
There was no Other Business.
Item 12. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 13. on the Agenda. ADJOURNMENT.
There being no further business to come before the August 10, 2009, Regular City Council meeting, Mayor Carol Rudi adjourned the Regular meeting.
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Pro Tem Les Smith