MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

MONDAY, DECEMBER 14, 2009


ADJOURNMENT TO CLOSED EXECUTIVE SESSION

5:30 PM

Mayor Carol Rudi opened the City Council Meeting to adjourn to a Closed Executive Session on December 14, 2009, at 5:30 PM. Councilman Mark Revenaugh 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 Barry McCullough seconded.


Roll Call Vote: All “aye” – Councilman Barry McCullough, Councilman Mark Revenaugh, and Mayor Carol Rudi. (3-0).


Note: Mayor Pro Tem Les Smith and Councilmember Carol Suter were also present at the meeting.


Mayor Carol Rudi recessed the Closed Executive Session at 6:30 PM, saying the Closed Executive Session would reconvene following the Regular City Council meeting.


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

City Clerk Cathy Swenson



Item 2. on the Agenda. ROLL CALL


Mayor Carol Rudi opened the Regular December 14, 2009, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers, and noted that all Council members were in attendance.


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 NOVEMBER 23, 2009, CITY COUNCIL MEETING MINUTES.


Councilmember Carol Suter moved to approve the Regular November 23, 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


Councilman Barry McCullough moved to approve the Consent Agenda as presented. 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).


Councilman Barry McCullough moved to adopt RESOLUTION R-09-93, authorizing execution of a contract with Site Rite Construction Company, in the total amount not to exceed $580,559.75 for the Sanitary Sewer Improvements – 58th Terrace and North Euclid 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).


Councilman Barry McCullough moved to adopt RESOLUTION R-09-94, authorizing acceptance of work under contract with Mega Industries Corporation, for the Brooktree Lane Culverts Headwall Replacement; and authorizing final payment in the amount of $7,438.00. 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).


Councilman Barry McCullough moved to adopt RESOLUTION R-09-95, declaring support for a Federal Communications Commission rule preserving a free and open Internet. 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).




REGULAR AGENDA


Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.


There were no comments from the audience.


Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.


Councilman Barry McCullough had no comments at this time.


Councilmember Carol Suter stated that Council members would be making Board and Commission appointments this evening, and it was a wonderful process of identifying and interviewing people who were interested in serving on Boards and Commissions. It is always a delight to see how many citizens are interested in serving the City, and how talented and enthusiastic they all are. It is a joy to have more volunteers than we have positions to fill, and that is a rare position to be in these days in an American city.


Councilmember Suter wished everyone Happy Holidays. The year 2009 has been an amazing year in the life of the United States. Gladstone fared better than most, but everyone is still looking forward to 2010, which has some good things in store.


Councilman Mark Revenaugh had no comments at this time.

Mayor Pro Tem Les Smith had no comments at this time.


Mayor Carol Rudi invited everyone to attend the New Mark Middle School concert, which will be held at the Community Center on December 15, beginning at 6:30 PM. Mayor Rudi wished everyone happy and safe holidays.


Item 7a. on the Agenda. BOARD AND COMMISSION APPOINTMENTS.


Mayor Pro Tem Les Smith moved to approve the following Board and Commission appointments:


PLANNING COMMISSION TERM EXPIRATION


Reappointment Anne Alexander December 2013

Reappointment Dianne Smith December 2013


CAPITAL IMPROVEMENTS PROGRAM


Reappointment Bill Arbuckle December 2012


New Appointment Sharon Euler December 2011


BOARD OF ZONING ADJUSTMENT


Reappointment Charles Carmack (2nd Alt.) December 2014

Reappointment David Cox December 2014


CODE BOARD OF APPEALS


Reappointment Roger Buckner December 2012

Reappointment Dennis Garrison December 2012

Reappointment Ken Christeson December 2012


PARKS AND RECREATION ADVISORY BOARD


Reappointment John Houlihan December 2012

Reappointment Freddie Nichols December 2012


TELECOMMUNICATIONS ADVISORY BOARD


Reappointment Bob Lohmeyer December 2012

Reappointment Tim Robertson December 2012


ENVIRONMENTAL MANAGEMENT ADVISORY COMMITTEE


Reappointment Julie Conn December 2012

Reappointment Larry Thrasher December 2012


ARTS COMMISSION


New Appointment Lee Hinderliter December 2012

New Appointment Linda Smith December 2012


THEATRE IN THE PARK


Reappointment Michelle Coon December 2011

Reappointment Lenette Johnson December 2011


NEIGHBORHOOD COMMISSION


New Appointment (Bolling Heights) Daniel Green December 2012


Councilman Mark Revenaugh seconded the 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 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.


City Manager Kirk Davis reported that City Hall would be closed Christmas Day and New Year’s Day, and he wished the Council a happy and safe holiday season, and said he, too, is looking forward to good things next year.


Item 9. on the Agenda. PUBLIC HEARING: for consideration of a Special Use Permit subject to certain conditions to Joyce Vogt for operation of a Nail Salon on property at 2201 Northeast 56th Terrace. Applicant/Owner: Joyce Vogt. File #1340.


Mayor Rudi opened the Public Hearing, and said that there would first be a presentation from staff, followed by any comments from the applicant, and finally any comments from those in favor of the application and any comments from those in opposition to the application would be heard.


Comments from Staff


Planning Specialist Chris Helmer began by saying that this request is a renewal of a Special Use Permit application from Ms. Vogt, that was granted in 2004. Staff is recommending approval of this application, and the Planning Commission, after meeting on December 7, 2009, did unanimously vote in favor of this application. Included in Council’s packet of information, was a letter from Ms. Vogt to City Council members and the Planning Commission regarding her nail salon home base business, and she has met the conditions set forth in the previous Ordinance as well as the one submitted to Council this evening. There is also a letter submitted by an area resident in support of the continued term for Ms. Vogt. Mr. Helmer concluded by saying that staff is recommending an extension of the five year term for this application.


Comments from the Applicant


Joyce Vogt, 2201 NE 56 Terrace, said her business is the same it has always been, and she has had no problems, and her business has worked out great for her.


There was no one to speak in Favor or in Opposition to the application.


Mayor Rudi closed the Public Hearing.


Item 9a. on the Agenda. FIRST READING BILL 09-36, granting a Special Use Permit subject to certain conditions to Joyce Vogt for operation of a Nail Salon on property at 2201 Northeast 56th Terrace.


Councilman Barry McCullough moved to place Bill 09-36 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 09-36, 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 09-36 and to enact the Bill as Ordinance 4.127. 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 10. on the Agenda. RESOLUTION R-09-96, authorizing the City Manager to enter into an agreement with the Mid-America Regional Council for Professional Administrative Services for the administration of the Neighborhood Stabilization Program Grant, Category #3.


Councilmember Carol Suter moved to adopt RESOLUTION R-09-96, authorizing the City Manager to enter into an agreement with the Mid-America Regional Council for Professional Administrative Services for the administration of the Neighborhood Stabilization Program Grant, Category #3. 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 11. on the Agenda. RESOLUTION R-09-97, approving the settlement agreement with Clay County Realty, Inc. and Edith Investment Co., providing for the settlement of litigation and improvements to the Gladstone Plaza Shopping Center.


Councilmember Carol Suter moved to adopt RESOLUTION R-09-97, approving the settlement agreement with Clay County Realty, Inc. and Edith Investment Co., providing for the settlement of litigation and improvements to the Gladstone Plaza Shopping Center. 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 12. on the Agenda. FIRST READING BILL 09-37, amending Schedule IX of the Model Traffic Ordinance (Gladstone Municipal Code Section 4.100.020) designating speed zones in the City of Gladstone, Missouri to establish a 35 mph speed zone for Northeast 72nd Street from North Antioch Road east to the City limits.


Councilman Mark Revenaugh moved to place Bill 09-37 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 09-37, Waive the Rule and place the Bill on its Second and Final Reading. Mayor Pro Tem Les Smith seconded.


Mayor Pro Tem Smith said he was around when the Stonebrooke and Stonebrooke Estates subdivisions were rezoned, platted and developed. There was a lot of discussion from both neighborhoods at the time that the pool was built, about the traffic, as it related to the pool. They talked about everything from painting crosswalks, to stop signs, to traffic lights, to yellow lights, and to flashing lights. Mayor Pro Tem Smith asked if staff had talked to the neighborhoods, because the commitment at that time was that area would remain a low speed limit street. Mayor Pro Tem Smith asked if Public Safety had weighed in on a recommendation for this action.


City Manager Davis said yes, both Public Works and Public Safety were involved in these evaluations. The reason this is on the agenda is because Kansas City established a 35 miles per hour speed limit on 72nd Street between North Brighton and our city limits, and for a two block area, it drops to 25 miles per hour, and then it goes back to 35 miles per hour on the west side of 72nd Street. City Manager Davis said it was discussed because of the pool, that one thing in favor of this speed change is that there is a great sight distance either way. There are no hills that someone could travel over too fast. Children at Play signs or something of that nature will be placed in the area, and there may also be a cross walk, acknowledging the fact that there might be some children going from Stonebrooke Estates across the street. City Manager Davis said he would defer to Public Works Director Chuck Williams and Public Safety Director Mike Hasty, if necessary, as to what went into the decision.


Public Works Director Chuck Williams said what really initiated this action was a request from a citizen from Stonebrooke Estates, who suggested that since Kansas City was going to raise their speed limit, we should also raise our speed limit. Staff has performed a speed study in the past, and 85 percent of the people are driving at or below 40 miles per hour in a posted 25 miles per hour speed zone. Public Safety makes a concerted effort at trying to reduce that number, but unless an officer is sitting there, it is not going to occur. Another thing in factoring in the speed limit or any traffic control, is not to violate drivers’ expectations. The drivers will be coming out of a 35 miles per hour speed zone, and they will be coming onto a somewhat wider street, and the expectation will be that the speed would remain the same, regardless of what the signs say. Director Williams suggested that this spring, as weather allows, staff could install an appropriately marked crosswalk that would serve the pool, and it could have the fluorescent yellow/green signing, which is now required by the Manual on Uniform Traffic Control Devices. The manual also allows for very bold black arrows, pointing down at the crosswalk, but staff could certainly do both to make it more visible. Director Williams said that staff did not initiate a conversation with either neighborhood in any detail.


Mayor Pro Tem Smith asked if Public Safety or the Traffic Division or anyone had a recommendation one way or the other?


Director Williams replied we spoke with them and we studied the traffic data, and there really is not a significant issue for accidents along there.


Mayor Pro Tem Smith said he is concerned about the children, and that was the concern with the residents when they placed the pool, because he was here and heard it and it was a huge concern, and he does not know if that concern has been lessened just because Kansas City increased their speed limit.


Director Williams replied that he is not aware of a significant pedestrian volume of traffic in that area. It is not that he is there every day by any means, but he is in that area on a reasonably regular basis in the summer, and he has never seen anyone crossing that street. That is not to say they don’t, but he is just saying he has not seen it, and Public Safety could correct him on that. That is why he believes a pedestrian crosswalk would address any concerns to provide a safe location in which to encourage pedestrians to cross.


Councilmember Suter said she lives off of 72nd Street near that neighborhood, and travels that road often, and has never seen a child outside on the sidewalks or crossing the street, in any time of day, any day of the week. There is not a volume of pedestrians, compared to further west on 72nd Street, where there is a lot of pedestrian traffic.


Director Williams said he would not want to speak for the neighborhoods, but based on the current 85th percentile, he believes if there were very many that were doing that, there would be some indication from parents and residents in the neighborhood that we need to do more enforcement or do something to slow down the speeds. Director Williams said that staff has never received a phone call to that effect, but he shares Mayor Pro Tem Smith’s concern.


Mayor Pro Tem Smith said he wants to be sure that staff is in the habit of getting a Public Safety recommendation on traffic issues. That ought to be good practice. Mayor Pro Tem Smith said we have a well-accredited traffic division, and he believes they should be weighing in one way or the other on any traffic related issues.


Mayor Rudi asked Mayor Pro Tem Smith if he felt the City should go to the extra effort of at least installing a painted crosswalk and arrows to begin with, so there is extra protection.


Mayor Pro Tem Smith said he would agree with that.


Mayor Rudi said that would be Council’s recommendation to staff.


Director Williams said the signage may be installed at any point in time, even in the winter months. Pavement markings will have to wait until April or May.


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 09-37 and to enact the Bill as Ordinance 4.128. Mayor Pro Tem Les Smith seconded.


Mayor Pro Tem Smith apologized, but said he still does not understand if we, yes or no, have a recommendation from Public Safety, one way or another, on this issue.


City Manager Davis replied that it is his understanding that Public Safety is consulted on all traffic requests. There are certain warrants that have to be met, and certain analysis that have to be done, and he believes that Captain Bob Baer of the Traffic Unit participated in this particular exercise.


Roll call vote: “Aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Carol Rudi. “Nay” – Mayor Pro Tem Les Smith (4-1).


Item 13. on the Agenda. FIRST READING BILL 09-38, amending Schedule VIII of the Model Traffic Code (Gladstone Municipal Code Section 4.100.020) to establish “Stop” Sign locations at the northwest and southeast corners of the intersection at Northeast 72nd Terrace and North Monroe Avenue.


Mayor Pro Tem Les Smith moved to place Bill 09-38 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 09-38, 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 09-38 and to enact the Bill as Ordinance 4.129. 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 14. on the Agenda. FIRST READING BILL 09-39, amending Schedule VIII of the Model Traffic Code (Gladstone Municipal Code Section 4.100.020) to establish a “Stop” Sign location at the southeast corner of the intersection at Northeast Shady Lane Drive and North Norton Avenue.


Councilman Barry McCullough moved to place Bill 09-39 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.


Councilman Barry McCullough moved to accept the First Reading of Bill 09-39, 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.


Councilman Barry McCullough moved to accept the Second and Final Reading of Bill 09-39 and to enact the Bill as Ordinance 4.130. Councilmember Carol Suter 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 15. on the Agenda. OTHER BUSINESS.


There was no other business.


Item 16. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.


There were no questions from the News Media.


Item 17. on the Agenda. ADJOURNMENT.


There being no further business to come before the December 14, 2009, Regular City Council meeting, Mayor Carol Rudi adjourned the Regular meeting, and said City Council would reconvene the Closed Executive Session.



Respectfully submitted:


______________________________

Cathy Swenson, City Clerk


Approved as submitted: ___

Approved as corrected/amended: ___

______________________________

Mayor Pro Tem Les Smith