MINUTES
CITY COUNCIL MEETING
REGULAR MEETING
MONDAY FEBRUARY 14, 2005
PRESENT: Mayor
Wayne Beer
Mayor
Pro Tem Carol Rudi
Councilman
Bill Cross
Councilman
Les Smith
Councilman
Joe Evans
City Manager Kirk Davis
City Counselor David Ramsay
City Clerk Cathy Swenson
Mayor Wayne Beer opened the Regular February 14,
2005, City Council Meeting at
7:30 PM in the
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Wayne Beer led the Pledge of Allegiance, in
which all joined.
Item 4. on the Agenda. APPROVAL OF THE REGULAR JANUARY 24, 2005 CITY COUNCIL
MEETING MINUTES.
Councilman Bill Cross moved to approve the Regular January 24, 2005, City Council Meeting Minutes as presented. Mayor Pro Tem Carol Rudi seconded the motion.
The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi and Mayor Wayne Beer.
Mayor Wayne Beer announced there would be an item added to the agenda as Item 4d., which is a presentation to the Northland Christmas Store.
Item 4a. on the Agenda. Mayor Beer read a PROCLAMATION recognizing
Dr. Stephen Pelkey as a recipient of the
Mayor Beer stated that Dr. Pelkey is the strings and
orchestra teacher at
Mayor Beer introduced Robert Russell who is the
principal of
Item 4b. on the Agenda. PRESENTATION OF
Mayor Beer began by saying the City enjoyed a nice
success in regard to the passage of the ¼ Cent Sales Tax and the Property Tax
increase. This effort began about 18
months ago with the formation of a group of approximately 100
Mayor Beer read and presented an appreciation plaque to Nancy Thompson, and thanked her for her hard work on this effort.
Nancy Thompson thanked Mayor Beer and City Council
members and stated that this effort began approximately 18 months ago with 250
post-it notes, through which it was identified that a community identity was
one of the major issues for
Ms. Thompson thanked all who supported the community
center at last Tuesday’s election, as well as the public improvements, such as
streetlights and neighborhood preservation, which were part of the Property Tax
initiative. The group believed another
issue that really stood out in the City of
Mayor Beer stated this was a community based and
community driven effort that brought forward recommendations identified by the
citizens of
Item 4c. on the Agenda. PRESENTATION OF
Mayor Beer introduced Jean Moore as the Co-Chairman for the tax campaign committee. Once Gladstone on the Move strategic planning took place, it was then handed-off by Gladstone on the Move/Citizens Making a Difference Chairmen Nancy Thompson and Dick Davis, to Gladstone on the Move Campaign Committee Chairmen Jean Moore and Don Horton. Ms. Moore and Mr. Horton were responsible for putting together the tax campaign and making it all come together. Without these two people we would not be celebrating this successful election tonight.
Mayor Beer read and presented an appreciation plaque to Jean Moore, and thanked her for her hard work on the tax campaign.
Ms. Moore stated it was an honor and privilege to serve
in this role. Ms. Moore said thanks are
not due to Mr. Horton and her, but thanks should go to all the citizens who
were involved with
Item 4d. on the Agenda. PRESENTATION OF MAYOR HOLIDAY TREE LIGHTING CHECK TO THE
NORTHLAND CHRISTMAS STORE.
Mayor Wayne Beer presented to Mrs. Ikey Harris, Chairman of The Northland Christmas Store, a check for $7,237.81. Mayor Beer stated the money was raised through the Mayor’s Holiday Tree Lighting Fund, and through the fund raising efforts of the Gladstone Rotary. Mayor Beer said he was pleased to present this check to a group of individuals that does outstanding, wonderful things during the holiday season for those in need in the Northland.
Mrs. Harris thanked Mayor Beer and City Council members.
Item 5. on the Agenda. CONSENT AGENDA
CONSENT AGENDA DETAIL
Following the Clerk’s reading, Councilman Les Smith asked that Resolution R-05-18 be removed from the Consent Agenda to be considered as Item 5a. under the Regular Agenda.
Councilman Bill Cross moved to accept the Consent Agenda as amended. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-05-13, authorizing acceptance of work under contract with Dennis Johnson Construction for the Old Maid’s Creek, Cave Creek, and East Creek Sanitary Sewer Pipeline Replacements; and authorizing final payment in the amount of $16,111.60 for Project 034093. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-05-14, authorizing acceptance of work under contract with Insituform Technologies USA for the Old Maid’s Creek, Cave Creek, and East Creek Sanitary Sewer Pipeline Rehabilitation; and authorizing final payment in the amount of $22,818.50 for Project 034094. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-05-15, authorizing execution of a contract with Mega Industries Corporation in the total amount not to exceed $178,710.00 for the Broadway and NW 58th Street Improvements; Project 035034. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-05-16, authorizing the City Manager to enter into an agreement with Kansas City Power and Light Company to provide and install a transformer and other related equipment for the purpose of providing electrical service to Happy Rock Park, at a cost not to exceed $21,694.57. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to adopt RESOLUTION R-05-17, accepting a Road Right of Way Warranty Deed and Water Line Easement from Larry and Connie Myers concerning property located at 6110 North Oak Trafficway. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve a NEW CLASS “A” LIQUOR BY THE DRINK LICENSE for The Hide Out Bar & Grill, 6948 North Oak Trafficway. Managing Officer: Frank J. Gabel. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve a LIMITED ONE DAY BEER & WINE LICENSE to St. Charles Borromeo Church, 804 Shady Lane Drive, for February 19, March 5 and March 19, 2005 for three fundraisers for a new school gym floor. Hours: 6:00 PM - 12:00 Midnight. Managing Officer: Mr. Paul G. Danaher. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
Councilman Bill Cross moved to approve the FINANCIAL REPORTS FOR DECEMBER 2004. Councilman Joe Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. (5-0)
REGULAR AGENDA
Item 5a. on the Agenda. RESOLUTION R-05-18, accepting a Standard Utility Easement from Eagle River Investments, LLC concerning property located at Old Pike Villas, 5510 North Broadway.
Councilman Les Smith moved to adopt RESOLUTION R-05-18, accepting a Standard Utility Easement from Eagle River Investments, LLC concerning property located at Old Pike Villas, 5510 North Broadway. Councilman Joe Evans seconded.
Councilman Smith explained he would be abstaining from voting on this resolution as he has ownership interest in the project.
The vote: “Aye” – Councilman Joe Evans, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, and Mayor Wayne Beer. “Abstain” – Councilman Les Smith (4-0-1)
Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE
Elizabeth Murtagh-Yaw, 5928 North Liston Court, Kansas City, Missouri, stated a letter was sent in December 2004 by the President of Kansas City Siamese Rescue to the City Council, the Mayor’s office, and the City Manager’s office. Ms. Murtagh-Yaw stated the letter requested the return to the policy of being able to transfer specific breeds of cats from the Gladstone Animal Shelter to their animal shelter. There has been no response to this letter, which is why she came to the City Council meeting. Ms. Murtagh-Yaw said she wished to point out their animal shelter is licensed by the State of Missouri and are a 501(c)3 not for profit, private animal shelter. There are shelter-to-shelter transfer arrangements with other local animal shelters, such as the Humane Society of Greater Kansas City, Independence Animal Shelter, Lee’s Summit Animal Shelter, and others. There is an infirmary at their shelter for nursing sick cats back to health, and there are several local veterinarians that work with them to vaccinate and spay or neuter all cats before they are adopted out of their shelter.
Ms. Murtagh-Yaw stated it would benefit the City of Gladstone to work with them to transfer Siamese cats and other breeds of cats from the Gladstone Animal Shelter to their shelter by reducing the cost of euthanitizing sick and over crowded cats. Her organization would take sick Siamese and other specific breeds of cats that would otherwise be euthanitized, thereby freeing up space in the City’s shelter. Ms. Murtagh-Yaw said she would appreciate a response from the City, and said her organization has references from the Missouri Department of Agriculture Inspector who annually inspects their shelter, as well as a number of veterinarians who work with them.
Mayor Beer thanked Ms. Murtagh-Yaw, and said he did recall receiving her letter and forwarded it on to the City Manager. Mayor Beer said he believed a response has not been formulated yet, so he cannot answer at this time.
Merry Drew, 3609 NE 76th Terrace, Gladstone, stated she does volunteer work at the shelter and helps socialize the cats. Ms. Drew said she sees the need for working with the rescue groups. It is a matter that she holds very dear to her heart and she saw a number of kittens this past year that came down with upper respiratory illnesses and had to be euthanitized. These are kittens that could have been nursed back to health by her rescue group and given a lovely home. Ms. Drew said it is heartbreaking to see kittens become ill, knowing you can help; yet knowing your hands are tied. Ms. Drew said she would very much appreciate City Council’s consideration of this request.
Mayor Pro Tem Carol Rudi said she received the letter and spoke with City Manager Davis very briefly. As can be noted tonight, the City has been in the midst of a tax campaign for the last month or so, and has been pre-occupied with that campaign. This may not be a good reason, when talking about saving lives, especially as Councilman Rudi is a cat person. Mayor Pro Tem Rudi said this issue will be investigated and contact will be made before the next City Council meeting in two weeks, and asked Ms. Murtagh-Yaw to leave her telephone number with City Manager Davis this evening.
City Manager Davis said he would like to have the opportunity to follow up on some internal discussions on this issue and two weeks will be an adequate time for that follow-up, but a response will be made as quickly as possible.
Mayor Pro Tem Carol Rudi provided her home telephone number to Ms. Murtagh-Yaw for follow-up if necessary, and thanked her for attending tonight’s meeting.
Rodney Robinson said his address this evening is 6118 North Oak Trafficway, but he actually lives by Raytown. Mr. Robinson said he was in attendance at the meeting on behalf of the brothers and sisters of the International Association of Fire Fighters Local 3228, who want to thank the Mayor and City Council members for having the courage to put the tax issues on the ballot. Mr. Robinson said in his hometown, this is called political suicide. The tax issues were passed in Gladstone particularly because of the efforts of Gladstone on the Move and Nancy Thompson and Dick Davis for their planning. Mr. Robinson said he would like to particularly honor the campaign workers headed by Jean Moore and Don Horton. They worked tirelessly and got in touch with the Fire Fighter’s Local 3228 who got in touch with the bigger Local in town, the AFL-CIO. The fire fighters helped with yard signs and made phone calls along with other assistance. The campaign committee, however, did the majority of the work and they worked very hard. The brothers and sisters of the International Association of Fire Fighters Local 3228 wish to thank Jean Moore, Don Horton and the campaign committee for their efforts.
Mayor Beer thanked Mr. Robinson and the fire fighters and paramedics for their assistance at a critical time for the City.
Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY
COUNCIL
Councilman Joe Evans thanked and congratulated
the Gladstone on the Move Committee and the Campaign Committee and the Chairmen
for the successful election. They put in
a tremendous amount of time to ensure the successful outcome of the
election.
Councilman Evans asked for an update on the property
at 6615 NE Antioch Road.
Assistant City Manager Scott Wingerson replied there
was a marginally productive meeting with the owner and the lawyer last
Friday. The owner continues to assert
that this address is primarily a residence and the business activity that is
occurring there is a home based business similar to many others in town. City staff has continued to document the
activities on the property over the past month or five weeks. Staff should receive this week a letter
detailing the business activity and its compliance with the local Ordinances,
and Staff requested the ability to make an inspection of the property when we
receive the letter. Hopefully, very soon
we will have a reading one way or the other on what direction we should go.
Councilman Les Smith mentioned the passing of Mr.
Paul Groseclose, who was an avid supporter of our community and of the
Gladstone Area Chamber of Commerce. His
funeral was today. He was a great
American and a great supporter of Gladstone.
He will be missed. Councilman
Smith said he passed along the condolences of all the Council at today’s
service.
Councilman Smith congratulated the citizens who have
been involved in the Gladstone on the Move process that was started a couple of
years ago. Councilman Smith said through
the persistence of City Manager Davis this actually got onto a Council agenda
and was approved by this City Council.
The work is not over. The issues
on the ballot last Tuesday are just a first phase of a very multi-tiered,
long-termed initiative for years to come.
It is our responsibility, as a City Council and City staff to see to it,
as has happened in the past, that we stay on track, on budget, and fulfill the
promises that we made to the citizens of Gladstone.
Councilman Smith said he felt very strongly that the
professionalism and the integrity shown by the leaders of not only the Gladstone
on the Move Group, but the Campaign Committee were very much why this was a
successful effort. It is important that
every member of our City team know that every time we answer a phone call, go
to someone’s home or business, or every policy decision that is made is part of
the reason that people trust us, and they believe we will do what we tell
them. The bottom line is Gladstone is
on the move and the citizens are making a difference. Councilman Smith expressed his thanks and
congratulations to those who made this election successful.
Councilman Bill Cross stated he would like to echo
Councilman Smith’s remarks; City Council members very much appreciate the work
of the entire team that made the election successful. Councilman Cross said he is looking forward
to meeting with some of the State and Federal Senators and Representatives at
Council’s next few meetings coming up in Jefferson City and Washington,
D.C. Councilman Cross stated he hoped if
there are issues with which the citizens of Gladstone have concern and wish
City Council members to share with some of these people, to be sure to let
Council members know and they would carry forward those concerns at the
meetings. Councilman Cross said he is
looking forward to the City projects that will be coming forward as a result of
the successful election.
Mayor Pro Tem Carol Rudi thanked the Gladstone on the Move/Citizens Making a Difference committee and the Gladstone on the Move Campaign Committee. Councilman Rudi said the citizen group thanked City Council members for putting the issues on the ballot last Tuesday, but when 100 people come forward to say they want their taxes raised, they made it really easy to do that. Councilman Rudi thanked the committees and Chairmen for all their hard work and said it is very much appreciated.
Mayor Wayne Beer stated even though 100 citizens did request that taxes be raised, it was not an easy task and it took a lot of courage on the part of the citizens who made the request and the citizens who passed the initiatives by their “yes” vote. There was a much larger turnout of voters than was anticipated. It was expected to have 1,700 to 1,800 voters, and approximately 3,100 voters turned out to vote, which is remarkable. This says the residents of Gladstone have faith in the City government. Mayor Beer said Gladstone officials and Staff would do everything possible to continue to earn that faith as the City moves forward on the projects. Mayor Beer offered his thanks to all who made the election successful.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER
City Manager Kirk Davis stated he would like to echo some of the words that were made about the election and the whole process, and thanked Councilman Smith for his comments. City Manager Davis said, on behalf of Staff, it was a pleasure to work with the Chairmen through both efforts. Their leadership went a long way towards ensuring the City had a successful election. City Manager Davis offered appreciation to them on behalf of himself and City staff.
City Manager Davis said he has received several phone calls as to what is next, and he has tried to respond to those questions, especially to the media. Staff is currently putting together a plan. There are some areas in the plan still being considered, such as financing. City staff is currently in the process of researching information that will dictate how soon some items may be moved forward. A memorandum regarding this whole issue will probably be coming forward either as an Open Study Session item or as a fairly lengthy item in City Council’s newsletter in the next week to ten days, so Council members understand what the issues are and what direction is being considered in terms of Staff making a recommendation to City Council on the process.
City Manager Davis mentioned that Mr. Jack Dickson, a former Gladstone Councilman, passed away last week. Our thoughts are with his family.
City Manager Davis reported that City Hall would be closed on Monday, President’s Day, February 21st.
Item 9. on the Agenda. FIRST READING BILL 05-06, declaring the results of the Special Election held in the City of Gladstone, Missouri on Tuesday, February 8, 2005, at which election the following proposition was submitted to the qualified voters of said City as Question 1, to wit: “Shall the City of Gladstone, Missouri, impose a Sales Tax of one-fourth of one percent for the purpose of providing funding for a community center and City parks, commencing on July 1, 2006, upon the termination of the existing one-fourth of one percent City sales tax?”.
Councilman Bill Cross moved to place Bill No. 05-06
on First Reading. Mayor Pro Tem Carol
Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0). The Clerk read the Bill.
Councilman Bill Cross moved to accept the First
Reading of Bill 05-06, Waive the Rule and place the Bill on Second and Final
Reading. Mayor Pro Tem Carol Rudi
seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0). The Clerk read the Bill.
Councilman Bill Cross
moved to accept the Second and Final Reading of Bill 05-06 and enact the Bill as
Ordinance 3.944. Mayor Pro Tem Carol Rudi seconded.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0).
Item 10. on the Agenda. FIRST READING BILL 05-07, declaring the results of the Special Election held in the City of Gladstone, Missouri on Tuesday, February 8, 2005, at which election the following proposition was submitted to the qualified voters of said City as Question 2, to wit: “Shall the City of Gladstone, Missouri, be authorized to increase the property tax levy by up to 39 cents per one hundred dollars of assessed valuation to provide funds for emergency ambulance service, infrastructure improvements, and neighborhood services”.
Mayor Pro Tem Carol Rudi moved to place Bill No.
05-07 on First Reading. Councilman Joe
Evans seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0). The Clerk read the Bill.
Mayor Pro Tem Carol Rudi moved to accept the First
Reading of Bill 05-07, Waive the Rule and place the Bill on Second and Final
Reading. Councilman Joe Evans
seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0). The Clerk read the Bill.
Mayor Pro Tem Carol Rudi
moved to accept the Second and Final Reading of Bill 05-07 and enact the Bill
as Ordinance 3.945. Councilman Joe Evans seconded.
Mayor Pro Tem Carol Rudi expressed her
appreciation for the passage of this election initiative.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0).
Item 11. on the Agenda. FIRST READING BILL 05-08, approving the Final Plat, of
Gladstone Plaza 2nd Plat (Rod’s Hallmark), a subdivision in the County of Clay,
City of Gladstone, Missouri, and directing the appropriate officials to affix
their signatures to said plat for recording.
Councilman Les Smith moved to place Bill No. 05-08
on First Reading. Councilman Joe Evans
seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the First
Reading of Bill 05-08, Waive the Rule and place the Bill on Second and Final
Reading. Councilman Joe Evans
seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved
to accept the Second and Final Reading of Bill 05-08 and enact the Bill as Ordinance 3.946. Councilman Joe Evans seconded.
Councilman Smith asked City Manager Davis to
explain for the audience what passage of this Bill means.
City Manager Davis replied the owner of this
business, Mr. Rod Henning, who was in the audience, has been working with Mrs.
Wolfe, the owner of Gladstone Plaza, to acquire the parcel where his business
sits. City Manager Davis said Mr.
Henning is very supportive of the renovation of Gladstone Plaza and would like
to see some improvements made, but is interested in controlling his own destiny
at that location. City Manager Davis
said he did not wish to speak for Mr. Henning, and welcomed comment from
him. City Manager Davis said the passage
of this Bill would create a plat on Mr. Henning’s site, and believes Mr.
Henning is interested in participating in some of the funding scenarios, but
would do so as the owner of the parcel on which his building sits.
Mr. Rod Henning said he appreciates what the City Council and the Planning Commission has
done so far. Mr. Henning said he does
want to own his own building and does want to be a part of the total plan for
Gladstone Plaza and be very progressive and helpful with the total renovation
of Gladstone Plaza.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0).
Item 12. on the Agenda. FIRST READING BILL 05-09, amending Chapter 34 and
various other chapters of the City Code by repealing certain provisions
contained therein and enacting in lieu thereof new City Code provisions
designated as Chapter 34 relating to the construction and maintenance of
structures and property within the City and designated as the “Building and
Construction Ordinance” of the City of Gladstone, Missouri.
Councilman Joe Evans moved to place Bill No. 05-09
on First Reading. Mayor Pro Tem Carol
Rudi seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0). The Clerk read the Bill.
Councilman Joe Evans moved to accept the First
Reading of Bill 05-09, Waive the Rule and place the Bill on Second and Final
Reading. Mayor Pro Tem Carol Rudi
seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0). The Clerk read the Bill.
Councilman Bill Cross
moved to accept the Second and Final Reading of Bill 05-09 and enact the Bill
as Ordinance 3.947. Mayor Pro Tem Carol Rudi seconded.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0).
Item 13. on the Agenda. FIRST READING BILL 05-10, revising certain fees and
charges for services and activities provided by the City of Gladstone,
Missouri, and amending all prior ordinances inconsistent therewith particularly
Ordinance Nos. 2.082, 2.615, 2.858, 3.082, 3.555, and 3.755.
Councilman Les Smith moved to place Bill No. 05-10
on First Reading. Councilman Bill Cross
seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved to accept the First
Reading of Bill 05-10, Waive the Rule and place the Bill on Second and Final
Reading. Councilman Bill Cross
seconded. The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0). The Clerk read the Bill.
Councilman Les Smith moved
to accept the Second and Final Reading of Bill 05-10 and enact the Bill as Ordinance 3.948. Councilman Bill Cross
seconded.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0).
Item 14. on the Agenda. RESOLUTION NO. R-05-19, amending the 2005 Annual General Fund,
Combined Water and Sewerage System Fund, and Municipal Pool Fund for the City
of Gladstone, Missouri, and authorizing expenditures of funds.
Councilman Bill
Cross moved to adopt Resolution R-05-19.
Councilman Joe Evans seconded.
The vote: All “aye” – Councilman
Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol
Rudi, Mayor Wayne Beer. (5-0).
Item 15. on the Agenda. RESOLUTION NO. R-05-20, expressing City Council opposition to HB209
and similar legislation that will reduce municipalities’ revenues from
telecommunications business licenses, gross receipts taxes, and other funding
sources.
Mayor Pro Tem Carol Rudi moved to adopt Resolution No. R-05-20. Councilman Les Smith seconded.
Mayor Pro Tem Rudi asked City Counselor David Ramsay to briefly explain for the audience the importance of this Resolution.
City Counselor David Ramsay began by saying the reason this item was added late to the agenda was the work in the State Legislature on House Bill 209 developed late Friday afternoon, and Counselor Ramsay received notice from the Missouri Municipal League late Friday afternoon that there would be a hearing this coming Wednesday in Jefferson City on this Bill.
Counselor Ramsay said the Bill is an effort somewhat similar to the one last year in the General Assembly under which the various segments of the telecommunications industry, being the traditional land lines, principally Southwestern Bell, the cellular telephone companies, such as Verizon and Cingular, and the cable television companies, principally Time Warner, are seeking from the State Legislature the enactment of a uniform and reduced telecommunications tax.
Counselor Ramsay explained the City of Gladstone has for most of its existence levied a tax on telephone service of seven percent of the gross receipts. This has been a standard, typical municipal tax that’s been in existence in the State of Missouri for most of the 20th century. The issues began to immerge attacking this tax when the cellular telephone companies refused to pay the city tax, both to Gladstone and most of the other cities in the State of Missouri. Cellular telephone companies claimed they were not actually telephone companies, but rather wireless communication companies. As a result there was a lawsuit filed by some 22 Missouri municipalities, joined in by some 40 others seeking to enforce this tax. In response to those actions by the municipalities, the telecommunications industry has sought to have the individual city gross receipts taxes on telephone service terminated or annulled by the State Legislature and in its place enact a state wide tax that would be at a reduced level. Mr. Ramsay said several of those provisions would affect Gladstone, as they would reduce our revenues from telephone telecommunications. It has always been interesting to note that these are taxes that are collected by the telephone companies but are actually paid for by the consumers, similar to the sales tax. Despite the fact that some of these taxes have been collected and placed in escrow by some of the companies since 2002, there have been virtually no complaints from citizens.
Counselor Ramsay continued by saying our citizens probably realize that this is a tax that is available for the City and helps to generate upwards of $500,000 for the City General Fund. There are various provisions of House Bill 209 that would remove not only the City’s authority to impose the tax as it exists, but reduce that tax from the current seven percent to a maximum of one percent in the year 2010. It also would require the collection by the Missouri Director of Revenue Office, which would be of no benefit to the City, because we already collect the tax ourselves.
Counselor Ramsay stated the combination of the two percent collection fee imposed by the Director of Revenue, and the inevitable delays in reimbursing the cities for taxes that have been collected, and the loss of investment interest, makes collection by the Director of Revenue’s office disadvantageous to the cities. For these reasons, the Missouri Municipal League has opposed this Bill and has asked its member cities to take whatever action they deem appropriate to indicate to the State Legislature and to their individual legislative delegations that they oppose this Bill, so Resolution No. R-05-20, opposing House Bill 209 was prepared and City Council members are asked to consider its approval.
Mayor Beer stated our citizens approved this tax as a method by which to help fund the operation of this City. This Bill would remove our authority for collecting that tax, and $500,000 is a very significant part of our budget. It is awfully important to us that House Bill 209 be defeated or significantly amended in such a way that it wouldn’t have such a negative impact on cities such as Gladstone.
The vote: All “aye” – Councilman Joe Evans, Councilman
Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne
Beer. (5-0).
Mayor Beer asked if this Resolution would be sent to our representatives.
Counselor Ramsay replied he plans to send copies of the Resolution to Senator Ridgeway, Representative Nolte and to the Missouri Municipal League, and will inquire of the Missouri Municipal League any other recipients they would like us to contact.
Mayor Beer suggested that while Representative Skaggs does not have representation for Gladstone, he might be a good person to receive a copy of the Resolution, as he does have an interest in Gladstone affairs. Gladstone does not have a 38th District Representative at this point. Mayor Beer asked that a cover letter be attached to the Resolution with the Mayor and City Council members signatures attached.
Councilman Cross said he hopes the information will be received by Senator Ridgeway and Representative Nolte before City Council members meet with them next week.
Counselor Ramsay stated he would at least have time to send facsimile copies tomorrow before the hearing on the Bill on Wednesday.
Mayor Beer agreed that facsimile copies is what he intended.
Mayor Pro Tem Carol Rudi asked if the Telecommunication Advisory Board has been notified of this.
Counselor Ramsay replied he has not discussed this House Bill 209 with the Telecommunications Advisory Board, as he just learned of the Bill, but he will make that communication.
Mayor Pro Tem Rudi asked if we have all of the Board’s e-mail addresses.
Counselor Ramsay replied he believed we do have those e-mail addresses. The Board has discussed these issues in a more general fashion, and he believes they are aware there was at least the possibility of State Legislators considering these issues. However, Counselor Ramsay said, he does not know that they are aware it has been identified as a particular House Bill at this point.
Mayor Pro Tem Rudi asked if Counselor Ramsay would communicate with them about this House Bill and possibly get a Resolution from the Board to go along with this communication. Councilman Rudi suggested perhaps telephoning the Board members would facilitate the process.
Counselor Ramsay explained the Board could not conduct a formal vote by telephone, and it would require a 24 hour posted notice to meet the Sunshine Law requirements. Counselor Ramsay suggested he could ask the Telecommunications Advisory Board members to directly send letters.
Item 16. on the Agenda. OTHER BUSINESS
Councilman Smith commended Rodney Robinson of
International Association of Fire Fighters Local 3228 for his leadership and
the other people of his Local who worked so hard on the recent election
campaign. They are an example of folks
of whom we are so proud. Councilman
Smith asked City Manager Davis what the plans are to fill the Finance
Director’s position.
City Manager Davis replied an advertisement has been
placed in various publications and the closing date to receive applications
occurred today. Applications will be
reviewed over the next couple of weeks and the process of phone screening will
begin along with setting up an assessment center similar to what has been done
in the past.
Item 17. on the Agenda. QUESTIONS FROM THE NEWS MEDIA
There were no questions from the News Media.
Item 18. on the Agenda. ADJOURNMENT
There being no further business to come before the February 14, 2005, Gladstone City Council Meeting, Mayor Wayne Beer adjourned the Regular Meeting.
Mayor Pro Tem Carol Rudi made a motion to adjourn to Closed Executive Session pursuant to the Missouri Open Meeting Act exemption 610.021(1) for Litigation and Confidential or Privileged Communications with Legal Counsel, 610.021(2) for Real Estate Acquisition Discussion, and 610.021(3) for Personnel Discussion. Councilman Joe Evans seconded the motion.
Roll Call Vote: All “aye” – Councilman Joe Evans, Councilman Les Smith, Councilman Bill Cross, Mayor Pro Tem Carol Rudi, Mayor Wayne Beer. (5-0).
Respectfully submitted:
___________________________
Cathy Swenson, City Clerk
Approved as
submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Wayne Beer