MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

 

MONDAY, SEPTEMBER 8, 2003

 

 

PRESENT:          Mayor Les Smith

Mayor Pro Tem Wayne Beer

Councilman Bill Cross

Councilman Carol Rudi

Councilman Joe Evans

 

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson

 

Mayor Les Smith opened the Regular September 8, 2003 City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.

 

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 AUGUST 25, 2003, CITY COUNCIL MEETING MINUTES.

 

Councilman Bill Cross moved to approve the Regular August 25, 2003, City Council Meeting Minutes as presented.  Councilman Carol Rudi seconded the motion.  The vote:  All “aye”  Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)

 

Item 5. on the Agenda.               CONSENT AGENDA.

 

Councilman Carol Rudi asked for removal of Resolution No. R-03-59 from the Consent Agenda.

Mayor Les Smith stated that Resolution No. R-03-59 would be moved to Item 5a. on the Regular Agenda.

 

Councilman Carol Rudi moved to approve the Consent Agenda as amended.  Mayor Pro Tem Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)

 

CONSENT AGENDA DETAIL

 

Councilman Carol Rudi moved to approve RESOLUTION R-03-58, authorizing execution of a contract with Shaughnessy Fickel and Scott Architects, Inc. in the amount of $150,000.00 for Architectural and Engineering Services in connection with the design of the Public Works Master Plan Implementation Project (016030).  Mayor Pro Tem Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)

 

Councilman Carol Rudi moved to approve the ANNUAL LIQUOR LICENSE renewal for Gladstone Mart & Liquor, 7020 North Oak Trafficway.  Mayor Pro Tem Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)

 

REGULAR AGENDA

 

Item 5a. on the Agenda.         RESOLUTION R-03-59, accepting Temporary Construction Easements and Standard Easements from property owners in conjunction with the 59th Terrace Drainage Improvements Project (0209).

 

Councilman Carol Rudi moved to approve RESOLUTION R-03-59, accepting Temporary Construction Easements and Standard Easements from property owners in conjunction with the 59th Terrace Drainage Improvements Project (0209).  Mayor Pro Tem Wayne Beer seconded. 

 

Councilman Rudi stated she asked this item to be removed from the Consent Agenda, as she had some questions regarding the project.  Councilman Rudi stated, she has been made aware there have been some home sales in the area, and asked how an easement is affected if it is granted by a previous owner rather than a current owner. 

 

Public Works Director Andy Noll replied that not all necessary easements for this project have been obtained, but the ones that have been obtained have been brought to City Council for approval, as there are some properties for sale in the area of this project.  As long as the easement is recorded before the transfer of ownership or closing of the property, the easement is in force, otherwise, the easement would need to be negotiated with the new property owner.

 

Councilman Rudi asked when the project would begin.

Director Noll replied there has been a delay due to acquiring some of the necessary easements in the area, and the utility relocations.  The majority of the necessary utility relocations have just been completed.  A pre-construction conference will now be scheduled prior to work beginning.  A few easements still need to be acquired.  It is expected for construction to begin in about three weeks.

 

Councilman Rudi asked that the affected residents be notified as to the status of this project.  Many have been waiting to do lawn work due to the project, and are trying very hard to cooperate. 

 

Director Noll stated he would send out a progress update to the residents.

 

Councilman Rudi suggested in the future, if projects are delayed, such updates be provided to the affected residents.

 

Director Noll, agreed, and stated that will be included in the project process in the future.

 

City Manager Kirk Davis commented that as Council recalls, this is the project where there are some property owners upstream that affect this project, who have been a little more difficult to deal with in terms of getting easements and understanding the project.  For the downstream residents that are directly impacted by the project, it may seem like the project has taken a long time, but it has been largely due to easement acquisition.

 

Mayor Les Smith agreed with Councilman Rudi’s idea of regular updates to the residents.  With the 72nd Street Project, regular newsletters were sent to the residents.  If a project is delayed, updates to the residents should be provided.

 

Councilman Bill Cross asked if there are still residents who have slowed down the project by not providing necessary easements.

 

City Manager Davis replied City staff is still in negotiations for easements with some of the residents.

 

The vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)

 

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

 

Bob Box, Commander of the Bennett and Dennis Herrick Memorial Post 626, began by saying he came to the City Council meeting prepared to deliver a lengthy dissertation, but he was informed by a wise lady it is not the length but the substance of the message that is important.  Mr. Box commented the wise lady, his wife, told him the Sermon on the Mount and the Gettysburg Address only took three minutes, and he is nowhere in that league.  Mr. Box stated members of his Post have all served their country in uniform and are here to serve the nation, the state, and particularly the community.  Mr. Box continued by saying the Post is available for assistance in anything the City Council or the City needs.  Mr. Box said his wife also told him to know when to shut-up and sit-down.  Mr. Box thanked the City Council.

 

Mayor Smith thanked Mr. Box for his generous offer.

 

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

 

Councilman Joe Evans asked if anything has been done with the City’s entryway signage.

 

City Manager Davis replied a proposal has been received for six signs.  At one time it was planned to have stone signs with engraving, but those bids came in substantially higher than the funds allocated in the budget.  City staff has been in negotiations to slightly change the design of the signs and reduce the costs to bring them back in line with the budget.  City Manager Davis stated a resolution should be coming before City Council in a short time, to move forward with the entryway signs.

 

Councilman Carol Rudi had no comments at this time.

 

Councilman Bill Cross stated that at the last City Council meeting it was mentioned the Public Safety portable vehicle speed detector was not working.  It is now working in Councilman Cross’s neighborhood, and he appreciates the Public Safety staff getting the speed detector operable again. 

 

Councilman Cross informed the audience City Council members have attended the Missouri Municipal League Conference, which is currently being held in Kansas City, and the meetings have been very educational.

 

Mayor Pro Tem Wayne Beer, had no comments at this time.

 

Mayor Les Smith asked if there were significant storm drainage issues following the last storm.

 

City Manager Davis replied there were three sewer back-ups, two of which were caused by laterals, one of which the origination is still to be determined.  Given the amount of rain and the dry surface conditions, there was not a great deal of run-off. 

 

Mayor Smith remarked he drove around Gladstone following a heavy rain, and water seemed to be contained in the banks, including the new detention basin.  There was water over the road on 76th Street in the Renaissance North project, so it appears drainage problems were moved down stream.

 

Mayor Smith stated he attended an Emergency Preparedness Seminar at the Missouri Municipal League Conference where two different communities, Stockton and Parsons, Kansas, had presenters on what happened when tornadoes struck their communities.  Mayor Smith reported that Gladstone is far ahead of the curve compared to what happened with those folks.  The presenters talked about an emergency plan they had not dusted off in 10 or 20 years, and they discussed lessons they learned that were already in our Emergency Preparedness book. 

 

Mayor Smith stated he wanted to commend City Manager Davis and Staff for being so well prepared when the tornado struck Gladstone.   Mayor Smith shared some information with the Emergency Preparedness panel and he became part of the panel, when he had answers for so many questions from the audience based on what City Manager Davis and Staff were able to accomplish following the May 4, 2003 tornado.

 

Mayor Smith offered congratulations to Bill and Mary Cross on the birth of their grandchild, and also to Amy Harlin, Executive Director of the Gladstone Area Chamber of Commerce, and her husband on the birth of their son.

 

Mayor Smith stated he understands there is a property on Antioch Road that the City has determined has dangerous buildings on site, and the process is underway to get those remedied or demolished.  Mayor Smith asked City Manager Davis if that was correct.

 

City Manager Davis replied that is correct.

 

Item 8. on the Agenda.        COMMUNICATIONS FROM THE CITY MANAGER.

 

City Manager Kirk Davis remarked he is pleased to be making a presentation to the American Society of Public Administrators in October. 

 

City Manager Davis reported the Gladstone Veterans of Foreign Wars, Post 10906 and their Ladies Auxiliary will be conducting a flag dedication ceremony on Thursday, September 11th at 2:00 PM.  President Bush has declared September 11th as Patriot Day, 2003, and flags will be flown at half-staff at his request. 

 

City Manager Davis offered his congratulations to Grandpa Cross.

 

Item 9. on the Agenda.        PUBLIC HEARING on a request for a Site Plan Revision on property located at 4901 Old Pike Road.  Applicant:  Suter-Sambol, LLC.  Owner:  Credit Suisse Leasing, c/o the Home Depot.  (File #1200).

 

Mayor Smith opened the Public Hearing and explained the hearing process that City Staff will make their presentation, followed by a presentation by the Applicant and finally comments from those in Favor and those Opposed.

 

Staff Presentation

 

City Counselor David Ramsay began by saying in the absence of Assistant City Manager Scott Wingerson, he will be making the City Staff presentation.  Counselor Ramsay stated the original Site Plan for the convenience center and gasoline station was approved about three months ago and is located just south of the Home Depot on Old Pike Road.  The applicant has returned to request an amendment to add a single bay automatic car wash to the rear of their building.  This request was presented to the Planning Commission last Monday night, where there was little discussion, as it does not change the Site Plan in terms of building location, setbacks, or even landscaping.  The Planning Commission approved for recommendation to City Council the amendment to the Site Plan with a vote of 8-0. 

 

Counselor Ramsay referenced the proposed Ordinance in the City Council’s packet that lists the same conditions as were listed in the previous Ordinance that approved the site development, so it is just a restatement of those conditions with the addition of approving this extra wing on the previously approved building for a drive-through car wash.

 

Mayor Pro Tem Wayne Beer asked if an increase in the traffic count is anticipated.

 

Counselor Ramsay replied no, and in fact that question was asked at the Planning Commission meeting, and it was indicated by Assistant City Manager Wingerson that it was not anticipated there would be any change in the traffic count.

 

Applicant Presentation

 

Brian Suter, 12838 Palmer Road, Kansas City, Kansas, stated he was the developer for this project, and basically all that is changed in this Site Plan is the car wash.  Mr. Suter remarked as far as traffic, the car wash just adds an extra service to what is currently being offered.

 

Mayor Smith asked what the car wash building will look like on the back side.

 

Mr. Suter replied it will match the store, which is a mix of cultured stone and maybe a little bit of stucco type dry-vit. 

 

Councilman Cross asked if it will look like the facility at 112th Street.

 

Mr. Suter replied it will look very similar, but actually better.

 

There was no one who spoke in Favor or Opposition.

 

Item 9a. on the Agenda.         FIRST READING BILL 03-28, approving a Site Plan at 4901 Old Pike Road.  (File #1200)

 

Councilman Bill Cross moved to place Bill 03-28 on its first reading.  Mayor Pro Tem Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)  The Clerk read the Bill.

 

Councilman Bill Cross moved to accept the First Reading of Bill 03-28, Waive the Rule and place the Bill on Second and Final Reading.  Mayor Pro Tem Wayne Beer seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)  The Clerk read the Bill.

 

Councilman Bill Cross moved to accept the Second and Final Reading of Bill 03-28 and enact the Bill as Ordinance 3.881.  Mayor Pro Tem Wayne Beer seconded. 

 

Roll Call Vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)

 

Mayor Smith stated the bill has been approved and wished good luck to Mr. Suter on this project.

 

Councilman Cross asked how soon the project will be completed.

 

Mr. Suter replied he is awaiting approval from Kansas City for the small portion that is located in Kansas City.

 

Item 10. on the Agenda.         FIRST READING BILL 03-29, repealing Ordinance No. 3.845 (Section 29-6 of the City Code) and enacting a new ordinance establishing water service rates for the City of Gladstone, Missouri.

 

Councilman Bill Cross moved to place Bill 03-29 on its first reading. Councilman Carol Rudi seconded. 

 

Mayor Smith asked City Manager Davis to discuss this Bill.

 

City Manager Davis began by saying as Council recalls from the budget process, there was discussion about a ten-cent water increase, and this is following through on that issue, and is consistent with the budget.  This increase will generate about $85,000 annually and is broken down between three different programs.  One program is the Capital Maintenance Program at the Water Plant.  A bond issue was done a couple of years ago for $1.1 million because improvements were needed at the Water Plant.  This money will help to stay on top of those improvements, and to replace equipment in a more efficient and consistent fashion. 

 

The second program is the Meter Replacement Program.  City Manager Davis stated meters are slowing down and there is water loss as a result of worn out or stuck meters.  Funds in the amount of $20,000 would be set aside to replace meters annually.  City Manager Davis stated the third issue is the fact the City’s insurance coverage changed substantially, going from a deductible of $1,000 to $25,000 beginning in fiscal year 2004.  The water rate is going from $2.69 to $2.79 per 1,000 gallons, which is an increase of about $7.20 annually for the average water bill.

 

Mayor Smith stated this water rate would keep Gladstone in about the middle range of the other cities in the metropolitan area, and yet Gladstone has as high of an aggressive maintenance plan as any community.

 

The vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)  The Clerk read the Bill.

 

Councilman Bill Cross moved to accept the First Reading of Bill 03-29, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)  The Clerk read the Bill.

 

Councilman Bill Cross moved to accept the Second and Final Reading of Bill 03-29 and enact the Bill as Ordinance 3.882.  Councilman Carol Rudi seconded. 

 

Roll Call Vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)

 

Item 11. on the Agenda.         FIRST READING BILL 03-30, an Ordinance repealing portions of Ordinance Number 3.406 codified as Section 3-3 of the Gladstone City Code, and enacting in lieu thereof new provisions establishing the hours during which packaged liquor, malt liquor, and non-intoxicating beer may be sold on Sundays.

 

City Counselor Ramsay reported Gladstone’s alcoholic beverage ordinance has been amended several times, the most recent amendment in 1994.  The City’s current ordinance allows the sale of liquor by the drink and package sales from 6:00 AM through 1:30 AM the following morning, Monday through Saturday.  With respect to consumption, the ordinance states it shall be unlawful to permit the drinking or consumption of intoxicating liquor, malt liquor, and intoxicating beer by any person between the hours of 1:30 AM and 6:00 AM, Monday through Saturday, and between the hours of 1:30 AM Sunday, and & 6:00 AM, Monday, the exception being certain Sunday sales. 

 

Mayor Pro Tem Beer expressed surprise that liquor by the drink sales may begin as early as 6:00 AM, and stated this may be an issue addressed at a later date.

 

Mayor Pro Tem Wayne Beer moved to place Bill 03-30 on its first reading. Councilman Joe Evans seconded. 

 

Counselor David Ramsay stated he did not believe there are any businesses in Gladstone selling liquor by the drink as early as 6:00 AM.

 

Mayor Smith replied there might be businesses selling liquor by the drink that early, but no one knows of it.

 

Mayor Pro Tem Wayne Beer remarked the question might arise if in fact there are businesses that sell liquor by the drink as early as 6:00 AM, and if there are, how are they identified.  This issue should be discussed at a later date.

 

Counselor Ramsay commented that a survey could be conducted of the Liquor License holders to determine their hours of operation.

 

Mayor Pro Tem Beer mentioned that the existing ordinance could be taking into account night workers who, when getting off work, stop to have a drink like anyone else might after work at 5:00 PM.

 

Counselor Ramsay stated the proposed ordinance simply adopts the extended Sunday hours for package liquor.

 

The vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)  The Clerk read the Bill.

 

Mayor Pro Tem Wayne Beer moved to accept the First Reading of Bill 03-30, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Joe Evans seconded.  The vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)  The Clerk read the Bill.

 

Mayor Pro Tem Wayne Beer moved to accept the Second and Final Reading of Bill 03-30 and enact the Bill as Ordinance 3.883.  Councilman Joe Evans seconded. 

 

Mayor Smith stated, for clarification, because the State has allowed the sale of package liquor at an earlier hour on Sunday, the City of Gladstone is doing the same.  This does not apply to liquor by the drink; one could not purchase a drink at a bar or restaurant at an earlier hour on Sunday.

 

Roll Call Vote:  All “aye” – Councilman Joe Evans, Councilman Carol Rudi, Councilman Bill Cross, Mayor Pro Tem Wayne Beer, Mayor Les Smith.  (5-0)

 

Item 12. on the Agenda.         OTHER BUSINESS.        

 

There was no further 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 September 8, 2003, Gladstone City Council Meeting, Mayor Les Smith adjourned the Regular Meeting.

 

Respectfully submitted:

 

 

__________________________

   Cathy Swenson, City Clerk            

                                                  

 

                                                                  Approved as submitted:  ___

                                                                   Approved as corrected/amended: ___

 

                                                                         ______________________________

                                                                                       Mayor Les Smith