MINUTES
CITY COUNCIL MEETING
GLADSTONE, MISSOURI
MONDAY, MAY 10, 2010
REGULAR CITY COUNCIL MEETING
7:30 PM
PRESENT: Mayor Les Smith
Mayor Pro Tem Barry McCullough
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
Item 2. on the Agenda. ROLL CALL
Mayor Les Smith opened the Regular May 10, 2010, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers, and noted that all Council members were present.
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 APRIL 26, 2010, CITY COUNCIL MEETING MINUTES.
Councilmember Carol Suter moved to approve the Regular April 26, 2010, City Council Meeting Minutes as presented. Councilman Barry McCullough seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough, and Mayor Les Smith. (5-0).
Item 5. on the Agenda. PROCLAMATION: recognizing the week of May 16 - 22, 2010, as EMERGENCY MEDICAL SERVICES WEEK in Gladstone, Missouri.
Following the Clerk’s reading, Mayor Smith presented the Proclamation to Public Safety Fire Division Chief Kenneth Potter, who was joined by other members of his Division.
Chief Potter thanked the Mayor and the City Council on behalf of the “B” shift members, many of whom were with him at this meeting.
Item 6. on the Agenda. PROCLAMATION: recognizing the week of May 9 -15, 2010, as POLICE WEEK, and May 15, 2010 as PEACE OFFICERS MEMORIAL DAY in Gladstone, Missouri.
Following the Clerk’s reading, Mayor Smith presented the Proclamation to Public Safety Captain Bob Baer, who thanked the Mayor and the City Council.
Item 7. on the Agenda. PROCLAMATION: recognizing the week of May 16 - 22, 2010, as NATIONAL PUBLIC WORKS WEEK in Gladstone, Missouri.
Following the Clerk’s reading, Mayor Smith presented the Proclamation to Acting Public Works Director Tim Nebergall, who thanked the Mayor and the City Council.
Mayor Smith said our City is truly blessed to have such fine public servants, and we are never short in giving praise, because they are never short in earning it and deserving it, and the City Council is proud and appreciative of all of them.
Following the Clerk’s reading, Councilmember Carol Suter moved to adopt the Consent Agenda as presented. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-10-24, adopting the Regional Multi-Hazard Mitigation Plan. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-10-25, authorizing the City Manager to accept a Bill of Sale from Northlander Properties LLC and R.L. Snow Construction Incorporated, conveying to the City a water main built in conjunction with construction of Tower Plaza at 6400 North Prospect Avenue Trafficway. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).
REGULAR AGENDA.
Item 8. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
There were no comments from the audience.
Item 9. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilmember Carol Suter commended City staff on the update of the City’s website, and for the exciting new development of the newsletter that is provided to the citizens. Councilmember Suter said her neighbors asked her about it, because they have heard of it through word of mouth, and they are very excited and appreciative of this new service. Councilmember Suter said she believes this is very futuristic of our City, and believes our City is really leading the pack in taking responsibility as a City in keeping citizens informed in this era of the demise of print media. It was ironic this morning to see in the Kansas City Star an article smashing our City for not having enough information about a sales tax issue, which is on our website, and that criticism is premature, because people do not pay attention to what is coming up until it gets closer to the time, since the election is not until June. Councilmember Suter said she feels for the citizens who have volunteered their time and energy. The City has such a wonderful group of citizens who have organized a campaign and are doing a great job in putting together materials to explain the issue. The City will be sending a mailing to all of the residents. Councilmember Suter said this was unfair criticism and ironic, given that our City is doing a wonderful job in communication, and certainly a leap above most of the cities in this area. Councilmember Suter offered kudos to City staff and to the City Council for their vision in making communication an important priority.
Councilman Mark Revenaugh had no comments at this time.
Councilman Carol Rudi informed everyone that the Gladstone Farmers Market is open Wednesdays, 3:00 PM to 7:00 PM, and Saturdays, 7:00 AM to 12:00 Noon, at 70th and North Locust, by the clock tower. On May 15, the Atkins Johnson Farm is hosting an event at Happy Rock West from 10:00 AM to 6:00 PM. There is no charge for this event and lots of fun things to do. The Hansel and Gretel opera, sponsored by UMKC, will be held on May 15, at 6:00 PM at the Gladstone Amphitheatre.
Mayor Pro Tem Barry McCullough thanked the City staff for taking the time and energy and resources in putting together a very good community emergency response team training program that Fire Inspector Charles Duddy led. Mayor Pro Tem McCullough said that he and Everett Jones, who was present at the City Council meeting, were among those who participated in this training, and obtained quite a bit of benefit for our City’s citizens, and it is expected that several people will become GEMA (Gladstone Emergency Management Agency) members as a result of the training.
Mayor Les Smith had no comments at this time.
Item 10. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis stated he wished to pass along kudos to the Public Works Department, particularly the Water and Sewer Divisions. The City had a major water main issue on 9 Highway about one week ago, and they spent at least two nights all night working a series of breaks that occurred. They also worked with Kansas City, and did their best to maintain service without interruption from the citizens’ standpoint; it was pretty seamless. Acting Public Works Director Tim Nebergall and his staff worked very hard to make it seamless and to make sure that our City did not have any problems with water production and water capacity. City Manager Davis gave special thanks to those crews, who were literally out for 48 hours, off and on, taking care of water main breaks down in some holes that were dug off of 9 Highway. City Manager Davis said he appreciated Acting Director Nebergall’s efforts in communication and for staying on top of the issue, and making sure there was no interruption in service.
City Manager Davis announced that Mr. Nebergall will now be the permanent Public Works Director; a tentative agreement has been agreed upon, and he is looking forward to working with him. He did a great job in the interim. He did a nice job with the budget, and a good job with the water line breaks, and passed all the tests in the interim, and he is deserving and will do a great job for the City. City Manager Davis congratulated Director Nebergall, which was followed by applause.
Item 11. on the Agenda. PUBLIC HEARING: for consideration of a Special Use Permit subject to certain conditions to Mike Pursell for operation of Gladstone Gardens, LLC on property located at 5616 North Antioch Road. Applicant: Mike Pursell, Gladstone Gardens, LLC. Owner: Byers Enterprises, LLC. File #1346.
Mayor Smith explained the process for the Public Hearing in that first there would be comments from City Staff, then comments from the applicant if he so desires, and then comments from the public in favor of the application and then comments from those opposed to the application.
Mayor Smith opened the Public Hearing.
Planning Specialist Chris Helmer began by saying that this Public Hearing application is simply for a transfer of an existing Special Use Permit application that was formerly for Cripple Creek Rock Company. On May 3, the Planning Commission held a Public Hearing on this matter, and did unanimously vote in favor of the Special Use Permit request.
Mr. Helmer said he wished to point out a few areas where there is additional language and clarification in the Bill that Council would consider this evening. Under Section 1, Conditions Number 1, and 5, there is some additional language that included Byers Enterprises, LLC, as well as David Brinton, along with the language for Gladstone Gardens. There was some discussion at the Planning Commission level addressing existing signage. Staff has drafted language in Condition Number 3 that states that existing signage may not be modified except to change sign copy. Condition Number 12 is an entirely new Condition that states that all installed landscaping and fencing shall be maintained throughout the permit term and shall not be removed upon expiration of the permit. These are all additions that resulted from the discussion by the Planning Commission, and that staff has added for the City Council’s consideration.
Mr. Helmer said in addition to the previous Conditions that have been set forth, staff is suggesting that the City Council consider a five year duration for this Special Use Permit; largely that centers on the fact that staff is proposing that the Special Use Permit application be carried over to the applicant in this particular case.
Councilman Carol Rudi asked Mr. Helmer why a five-year rather than a one year time period is proposed, since generally, that is what happens with a Special Use Permit. Councilman Rudi said her second question was regarding the use of the word “transfer”. She does not want to get in the habit of transferring Special Use Permits, because they should be issued as new permits, which is how she views this application, that it is a new Special Use Permit, but when “transfer” is used, it does not lay out in quite the same way in her mind. Councilman Rudi asked if this is a transfer or a new Special Use Permit.
Mr. Helmer said Councilman Rudi was correct, and he should have been wiser in his choice of words. This application is for issuance of a new Special Use Permit. Like any of the City’s Special Use Permit applications, upon change of property owner or nature of the business operation, it does need to come back before the City Council for approval. This would be for the issuance of a new Special Use Permit application. Mr. Helmer said to further address the concern of the time duration of this Special Use Permit, typically, City staff does come the City Council and recommend a one-year duration; however, when this was presented to staff, the applicant was unaware of the process that needed to occur. The request was essentially to consider looking at the exact business operation and duration of time of the Special Use Permit application from the previous business operator, and that is why staff carried that over for the City Council to consider.
Councilman Rudi stated she wished to be certain the applicant was aware of Condition Number 11 – “Upon expiration of this Special Use Permit, Applicant shall restore storage areas as near as practicable to their original condition, free and clear of all storage bins, materials and equipment”. Councilman Rudi said she would like to insert the word “pre-improvement” before the words “original condition”, so that the applicant understands that the City is not saying that just because they came in at this time, and all of this space is set up the way it is, that does not mean that when this was originally issued, that the City did not expect the area to go back to a more open field and landscaped location. Councilman Rudi said when the Bill is considered, she would be making a motion to amend that particular item, and asked if there was any reason not to do that.
Mr. Helmer replied that he would be more than happy to make that change, and the applicant agrees to that language.
Councilmember Suter asked if this business is very similar in nature to the business that was there, with the big open containers of product.
Mr. Helmer replied yes.
Pete Hall, 5621 North Clinton Place, said he was representing the principle owner of the property, David Brinton. He is the principle of Byers Enterprises. Mr. Hall said he wished to convey Mike Pursell’s apology that he could not attend this meeting. He is a little under the weather and was unable to be here this evening. He was at the Planning Commission meeting, but could not be here this evening. Mr. Hall asked that the City Council consider the timing. One of the reasons that the applicant tried to expedite this is because there is a very short window of time. Some of our citizens are going to Platte County, and our City needs to hold them here. These folks have indicated they will provide generally the same services that Cripple Creek did. That speaks well of them, and this is a wonderful use for this interestingly shaped piece of property along Antioch Road. The Conditions are no problem, including the ones that have been discussed this evening. Mr. Hall asked the City Council to consider that this month, beginning ten days ago, is the beginning of the season, so they would like to expedite getting the new business open, so the owners will not lose any more business than necessary this season, and to provide more services next year.
There was no one to speak in FAVOR or in OPPOSITION to this application.
Mayor Smith closed the Public Hearing.
Item 11a. on the Agenda. FIRST READING BILL 10-17, granting a Special Use Permit subject to certain conditions to Mike Pursell for operation of Gladstone Gardens, LLC on property located at 5616 North Antioch Road. Applicant: Mike Pursell, Gladstone Gardens, LLC. Owner: Byers Enterprises, LLC. File #1346.
Councilman Carol Rudi moved to place Bill 10-17 on its First Reading, with the amendment to insert the word “pre-improvement” before “original condition” in Condition Number 11. Councilman Barry McCullough seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough, and Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the First Reading of Bill 10-17 as amended, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Barry McCullough seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough, and Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the Second and Final Reading of amended Bill 10-17 and to enact the Bill as Ordinance 4.146. Councilman Barry McCullough seconded.
Roll call vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough, and Mayor Les Smith. (5-0).
Mayor Smith asked Mr. Hall to pass on the City Council’s best wishes to his client.
Councilman Mark Revenaugh moved to place Bill 10-18 on its First Reading. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough, and Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the First Reading of Bill 10-18, Waive the Rule and place the Bill on its Second and Final Reading. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough, and Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Mark Revenaugh moved to accept the Second and Final Reading of Bill 10-18 and to enact the Bill as Ordinance 4.147. Councilmember Carol Suter seconded.
Roll call vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough, and Mayor Les Smith. (5-0).
Item 13. on the Agenda. FIRST READING BILL 10-19, authorizing the City Manager to execute a Cooperative Agreement with the Village of the Oaks for asphalt surface patching and asphalt resurfacing on Wilson Road from Englewood Road to Barnes Avenue.
Councilman Carol Rudi moved to place Bill 10-19 on its First Reading. Councilman Barry McCullough seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough, and Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the First Reading of Bill 10-19, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Barry McCullough seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough, and Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the Second and Final Reading of Bill 10-19 and to enact the Bill as Ordinance 4.148. Councilman Barry McCullough seconded.
Roll call vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough, and Mayor Les Smith. (5-0).
Item 14. on the Agenda. Other Business.
There was no other business to come before the City Council.
Item 15. on the Agenda. Questions from the News Media.
There were no News Media present.
Item 16. on the Agenda. Adjournment.
There being no further business to come before the May 10, 2010, Gladstone Regular 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