CITY COUNCIL MEETING
MONDAY, JULY 12, 2010
REGULAR CITY COUNCIL MEETING
PRESENT: Mayor Les Smith
Councilman Carol Rudi
Councilman Mark Revenaugh
Councilmember Carol Suter
City Manager Kirk Davis
Assistant City Manager Scott Wingerson
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: Mayor Pro Tem Barry McCullough
Item 2. on the Agenda. ROLL CALL
Mayor Les Smith opened the Regular July 12, 2010, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers, and noted that all Council members were present, except for Mayor Pro Tem Barry McCullough, who was out of town.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Les Smith led the Pledge of Allegiance, in which all joined.
Item 4. on the Agenda. APPROVAL OF THE REGULAR JUNE 28, 2010, CITY COUNCIL MEETING MINUTES.
Councilmember Carol Suter moved to approve the Regular June 28, 2010, City Council Meeting Minutes as presented. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, and Mayor Les Smith. (4-0).
Item 5. on the Agenda. PROCLAMATION: designating the month of July 2010, as ICE CREAM MONTH and July 18, 2010 as ICE CREAM DAY.
Mayor Smith invited Mike West, owner of Baskin Robbins, 7711 North Oak Trafficway, and Bridgett Koan, owner of Maggie Moo’s, 72nd and North Oak Trafficway, to join him at the front of the room, where Mayor Smith read and presented a copy of the Proclamation to each of them.
Ms. Koan thanked the Mayor and the Council, and said she has owned her store for over three years, and it has been a pleasure, and she is happy to be a part of Gladstone.
Mr. West thanked the Mayor, the Council and the community, of which he has been a part for 50 some years. Mr. West said he has invested a lot in the community, and has received a lot in return, and he appreciates having a business in the area, and seeing everyone at his business.
Mayor Smith said the City appreciates both Ms. Koan and Mr. West, and thanked them for attending this meeting.
Item 6. on the Agenda. PROCLAMATION: recognizing the month of July 2010, as “NATIONAL PARKS AND RECREATION MONTH”.
Mayor Smith read and presented the Proclamation to Parks and Recreation Advisory Board members John Houlihan and Freddie Nichols, and Parks and Recreation Director Sheila Lillis.
Mr. Houlihan thanked the Mayor and the City Council for their support of Gladstone Parks and Recreation, and Director Lillis for her untiring efforts to make Gladstone a better place to live.
Ms. Nichols agreed and said she believes our City has the best Parks per capita in the entire area and she touts them all the time.
Director Lillis said she wished to recognize the Parks and Recreation Department’s dedicated staff, and the dedication of the Parks and Recreation Advisory Board. The citizen participants certainly enjoy the services. Director Lillis thanked the Mayor and the City Council.
Item 7. on the Agenda. PROCLAMATION: recognizing the 50th Anniversary of MENSA.
Mayor Smith asked City Clerk Cathy Swenson to please read the Proclamation. There was no one present at the meeting to accept the Proclamation.
Following the Clerk’s reading, Councilman Carol Rudi moved to approve the Consent Agenda as presented. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, and Mayor Les Smith. (4-0).
Councilman Carol Rudi moved to approve the following LIQUOR LICENSE RENEWALS:
Tortilla Flats, 5716 North Antioch Road; Class AR Liquor by the Drink License.
Wasahi, 328 NE 72nd Street; Class AR&B Liquor by the Drink License.
Smokehouse BBQ, 104 NE 72nd Street; Class AR&B Liquor by the Drink License.
Senor Tequila, 6502 North Oak Trafficway; Class AR&B Liquor by the Drink License.
Buck’s Home of the Big Game, 5708 North Oak Trafficway, Class AR&B Liquor by the Drink License.
Big Stones, Inc., dba Stone Canyon Pizza Company, 6433 North Prospect; Class AR&B Liquor by the Drink License.
Margarita’s North, dba Margarita’s, 7013 North Oak Trafficway; Class AR&B Liquor by the Drink License.
Applebee’s Neighborhood Grill & Bar, 6069 Northeast Antioch Road; Class AR&B Liquor by the Drink License.
Hy-Vee Food & Drugstore, 7117 North Prospect Avenue; Class AR&B Liquor by the Drink License, and also approval of a new Managing Officer – Steve Bindseil.
Hy-Vee Gas, 7121 North Prospect Avenue; Seven-Day Package Liquor License.
ABC Management, LLC dba Big Baby’s Pizzeria, 6579 North Oak Trafficway; Class D Liquor by the Drink License.
Quick Trip #181, 2590 NE 72nd Street; Seven-Day Package Liquor License.
Quick Trip #237, 6309 NE Antioch Road; Seven-Day Package Liquor License.
Gasmart USA, 7303 North Oak Trafficway; Seven-Day Package Liquor License.
Archa, LLC, 7020 North Oak Trafficway; Seven-Day Package Liquor License.
Wal-Mart #1120, 7207 North M-1 Highway; Seven-Day Package Liquor License.
CVS Parmacy #8554, 6129 North Antioch Road; Seven-Day Package Liquor License.
CVS Pharmacy #5698, 7107 North Oak Trafficway; Seven-Day Package Liquor License.
Walgreens #1244, 6320 North Oak Trafficway; Seven-Day Package Liquor License.
Trex Mart #7, 5810 North Antioch Road; Seven-Day Package Liquor License.
Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, and Mayor Les Smith. (4-0).
Councilman Carol Rudi moved to approve a Temporary Liquor by the Drink License to St. Charles Borromeo Church for a Ladies Night and Bazaar to be held on November 12, 2010, from 5:00 PM to 10:00 PM. Managing Officer: Lori Creek. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, and Mayor Les Smith. (4-0).
Item 9. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
There were no comments from the audience.
Item 10. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilmember Carol Suter began by saying there have been a lot of great activities this summer, and recently there were great fireworks, great Theatre in the Park, and all kinds of things going on, but sometimes the most impressive or profound examples of the quality of our City and its cultures are the little things. Councilmember Suter said she wished to share one tiny experience she had last week that reminded her of that. As she was taking her early morning walk in Happy Rock Park, it was grass cutting day, and as she walked several times around the park, she had occasion to watch the mowers and people walking their dogs. Every time people walking with their dogs got near the mowers, the staff running the mowers turned off their blades, and waited until the dogs got past, and then turned their blades on again, and continued mowing. Councilmember Suter said she saw this happen three times as she walked, and she thought Kudos to City Manager Kirk Davis and to Director Sheila Lillis. It is one thing to articulate a commitment to excellence as part of the City philosophy. It is another thing to get that commitment to every avenue and every level of staff, so that the guys mowing the grass were so aware of the needs of those people and their dogs, and did not want to agitate or scare them. This is absolutely impressive. Councilmember Suter said she wished to extend her thanks to City Manager Davis and Director Lillis for that kind of leadership that they bring to the City that has so endowed this community with such customer service. It is no wonder people are so excited and pass sales tax levies so overwhelmingly, because that is a level of excellence that is rarely seen in America today.
Councilman Mark Revenaugh had no comments at this time.
Councilman Carol Rudi stated she thoroughly enjoyed Theatre in the Park. She went Sunday night, and parking was really easy that night, and she understands the fireworks were spectacular on Saturday; although, she could not get there for those, and she was sorry she had to miss them on the fourth of July. Councilman Rudi asked Director Lillis or City Manager Davis to report on other great upcoming events in the City.
Director Lillis thanked Councilmember Suter for her kind remarks, and said she would share her remarks with staff by e-mail before she left that evening. Director Lillis said she believes a lot of people do not realize the commitment of the Parks crew. They arrive in the morning and everything is taken care of, and people may not understand what it does on the other side of the customer service coin, meaning that everything is ready for those people who use the parks.
Director Lillis reported that Planet 51, the Movie in the Park, would be presented on July 23, at 9:00 PM. The Northland Neighborhoods Night out Against Crime will be held on July 31, and on that same night, there will be a Rock, Roll and Radio Disney Program at Happy Rock Park at 10:00 AM.
Mayor Les Smith said that Councilmember Suter is exactly right, that is the kind of human decency that would be nice if there were a bit more of. Another event that was recently held was the Kids Triathlon that was held on Saturday. This is an event that we almost lost, but Steve Bindseil from Hy-Vee stepped forward and provided some sponsors and it grew to where we have the sponsorship to be able to afford to do this again. More than anything else, it began here with the Parks and Recreation Department. The Parks and Recreation Department – Sheila and her folks, and especially Justin Merkey and his staff at the Community Center, absolutely would not let this go. They pulled it off; there were 185 participants. Mayor Smith said he was honored to hand out the awards to the winners. There was a family who drove all the way from Branson to participate in the event, because of the way it was organized and because of what they had heard about it. There was another family who cut their summer vacation short to get back and participate in this with their kids, because of what they had heard about it, and how well it was organized. Mayor Smith said we can talk about economic development all day long, but the fact of the matter is the Parks and Recreation Department brings more people to this community than any other department. They do it with class, honor, and dignity. The people at the event were gushing on and on. When you take care of people’s kids, and provide a good event, you’ve got the adults hook, line and sinker. Mayor Smith said it was absolutely a phenomenal event, and he asked Director Lillis to pass that on to her staff.
Mayor Smith welcomed Pam Smitka, the new Administrative Assistant in the General Administration Department. Mayor Smith addressed City Manager Davis, Assistant City Manager Scott Wingerson, Public Works Director Tim Nebergall, Building Official Alan Napoli and others by saying that the presentation that was made this evening to the Planning Commission and the Capital Improvements Program Committee and other Boards, and the one that will be held tomorrow evening, is greatly appreciated. We engage our citizens, and we start that by engaging our Boards and Commissions, and by giving them the knowledge and background of what we are doing and why we are doing it, speaks volumes as to our commitment to them. Mayor Smith said this was very well presented this evening, and he extended his appreciation. (Note: The informational presentation was regarding the August 3, 2010, Gladstone Special Election ballot issues).
Item 11. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis reported that the Health Fair would be held Wednesday, July 14, beginning at 9:30 AM for the public, at the Community Center, and he encouraged everyone to take advantage of this opportunity. City Manager Davis encouraged everyone to also take advantage of the Farmers Market every Wednesday evening and Saturday morning. The crowds are continuing to grow and Public Information Officer Richard King swears by the corn and tomatoes that are there now. City Manager Davis introduced Pam Smitka, and said that Pam is the Administrative Assistant in the General Administration Department, and works very closely with him and will also work closely with the City Council. She replaces Diane Whitaker, who has retired, and we welcome Pam. City Manager Davis said he believes she will be a great addition to the team, and he has found her very enjoyable to work with, and again said, “welcome, Pam”.
Mayor Smith commented that the City Council appreciates all the good news, because their last official act of business was to stand in front of 2,500 people, and tell them that the fireworks display was canceled on July 4th.
Item 12. on the Agenda. APPROVAL OF A LIQUOR LICENSE RENEWAL for Gladstone Bowl, Inc., 300 NW 72nd Street, for a Class AA&B Liquor by the Drink License.
Councilman Carol Rudi moved to approve a LIQUOR LICENSE RENEWAL for Gladstone Bowl, Inc., 300 NW 72nd Street, for a Class AA&B Liquor by the Drink License. Councilmember Carol Suter seconded.
Mayor Smith said he would be abstaining from the vote on this issue, as he is the proprietor of Gladstone Bowl.
Councilman Mark Revenaugh asked Public Safety Director Mike Hasty if there were any incidents on file at this location before the City Council approves this liquor license. Councilman Revenaugh said he knew there were problems with an establishment on 72nd Street, and he wanted to be sure it wasn’t this one.
Public Safety Director Hasty said he believed there was one minor incident that was taken care of in relatively short order, but there have been no problems at Gladstone Bowl, and he does not expect any problems in this next licensing period.
City Councilman Revenaugh jokingly asked if that incident involved the owner.
Director Hasty, replied no, it did not involve the owner.
Mayor Smith jokingly said one in 53 years, and look what you get! This was followed by laughter from the audience.
The vote: “Aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, and Councilman Carol Rudi. “Abstain” – Mayor Les Smith. (3-1-0).
Councilman Mark Revenaugh moved to place Bill 10-26 on its First Reading. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, and Mayor Les Smith. (4-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the First Reading of Bill 10-26, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, and Mayor Les Smith. (4-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the Second and Final Reading of Bill 10-26 and to enact the Bill as Ordinance 4.155. Councilman Carol Rudi seconded.
Mayor Smith asked Counselor David Ramsay to explain what the City Council has been asked to approve this evening.
City Counselor Ramsay began by saying that the original Ordinance was challenged in two respects recently; one with a lawsuit from a business called RED, which suggested that some of the provisions were vague, and another was by a Managing Officer who took issue with the requirements of essentially having an on-site Managing Officer. Because of these two challenges, there was an opportunity to carefully review the Ordinance and some clarifications have been made, and there has been added another category and definition for Entertainment Place being essentially more of an adult forum where persons under 21 years of age were not allowed to patronize, work or entertain at those locations. City Clerk Cathy Swenson suggested to include a fraternal/charitable/religious/service or veterans organization category, of which we have one right now, which is the Elks Club, just to clarify that is a separate category and that we have different rules for that. The persons under 21 years of age provision was not completely stated in the prior Ordinance, which was a clerical error, so under this Ordinance, if approved, there is a Class AA License for an Amusement Place; a Class AE License for an Entertainment Place; a Class AF License for the fraternal/charitable organizations, and a Class AR License for a Restaurant/Bar. The Class B License has also been clarified, which is a Sunday only Liquor by the Drink License, and is actually appended to an A License for those establishments who want to also be open on Sunday. That was clarified to make clear which of the Class A subclasses were under that provision. In Section 5.110.215, under Managing Officer qualifications, at the suggestion of Mayor Smith, a provision was added where when a business utilizes an attorney agent or other person as their Managing Officer who is not directly employed at the licensed premises, then they also have to designate a Deputy Managing Officer so that Public Safety and other City departments have a direct on-site contact if necessary. The 50 percent rule was also modified to add these other categories and to make it read more clearly, so there is no question as to which categories of license that 50 percent rule applies.
Councilmember Carol Suter said she appreciated the extra work put into this revision. It is clearly a better Ordinance than the one with which we started.
Roll call vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, and Mayor Les Smith. (4-0)
Item 14. on the Agenda. APPROVAL OF AMENDMENTS TO THE CLASSIFICATIONS FOR THE FOLLOWING LIQUOR LICENSES:
Councilmember Carol Suter moved to approve the AMENDMENTS TO THE CLASSIFICATIONS FOR THE FOLLOWING LIQUOR LICENSES:
The Lost Bar Family dba The Lost Bar, 7632 North Oak Trafficway; Class
A-E Liquor by the Drink License.
Mark & Michelle’s Bar & Grill, 7102 North Oak Trafficway, Class A-E Liquor by the Drink License.
RNB, LLC, dba Red Night Club, 316 Northeast 72nd Street; Class A-E Liquor by the Drink License.
End Zone II, LLC, 6420 North Prospect Avenue; Class A-E Liquor by the Drink License.
Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, and Mayor Les Smith.
Item 15. on the Agenda. Other Business.
There was no other business to come before the City Council.
Item 16. on the Agenda. Questions from the News Media.
There were no News Media present.
Item 17. on the Agenda. Adjournment.
There being no further business to come before the July 12, 2010, Gladstone Regular City Council Meeting, Mayor Les Smith adjourned the regular meeting.
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Les Smith