MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

MONDAY SEPTEMBER 25, 2006

PRESENT: Mayor Bill Cross

Mayor Pro Tem Les Smith

Councilman Carol Rudi

Councilman Wayne Beer

Councilman Mark Revenaugh

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson

Mayor Bill Cross opened the Regular September 25, 2006, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.

Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.

Mayor Bill Cross led the Pledge of Allegiance, in which all joined.

Item 4. on the Agenda. APPROVAL OF THE REGULAR SEPTEMBER 11, 2006, CITY COUNCIL MEETING MINUTES.

Councilman Wayne Beer moved to approve the Regular September 11, 2006, City Council Meeting Minutes as presented. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (5-0).

Item 4a. on the Agenda. PROCLAMATION: designating October 2006, as NATIONAL CODE COMPLIANCE MONTH in Gladstone, Missouri, in recognition of the many contributions Code Compliance Officers have made to improve communities throughout the United States.

Mayor Bill Cross read and presented the Proclamation to Building Official Alan Napoli. Mayor Cross thanked Mr. Napoli and his staff for the excellent work they do for the City.

Mr. Napoli thanked Mayor Cross and City Council members.

Item 5. on the Agenda. CONSENT AGENDA

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

Councilman Wayne Beer moved to adopt RESOLUTION R-06-56, authorizing acceptance of work under contract with Musselman & Hall Contractors, LLC, for the 2006 Intermediate Maintenance Program, and authorizing final payment in the amount of $108,425.08 for Project TP0603. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (5-0).

Councilman Wayne Beer moved to adopt RESOLUTION R-06-57, authorizing execution of a contract with Automated Lifestyles, in the total amount not to exceed $224,763.80 for the Community Center-Natatorium Audio-Visual and Security Systems; Project CB0664. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (5-0).

Councilman Wayne Beer moved to adopt RESOLUTION R-06-58, authorizing the City Manager to execute an agreement for Telephone Services for the City of Gladstone, Missouri with AT&T Global Services. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (5-0).

Councilman Wayne Beer moved to adopt RESOLUTION R-06-59, authorizing execution of contracts with each of the four contractors selected, in the total amount not to exceed $6,516,538.00 for the Gladstone Community Center-Natatorium Project CB0662. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (5-0).

Councilman Wayne Beer moved to approve the FINANCIAL REPORTS FOR AUGUST 2006. Councilman Carol Rudi seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith, and Mayor Bill Cross. (5-0).

REGULAR AGENDA

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

Mr. Charles Carmack, 1505 Northeast 77^th Street, stated on behalf of Linden Baptist Church, he wished to thank the City for the playground equipment and the shelter house that was donated to the church. The church is planning to set up a playground on the south side of the church, which will be an improvement for church activities. Mr. Carmack said that during the construction of the Community Center-Natatorium, if there is any way the church may provide assistance to the City by providing a meeting location, all the City has to do is call the church, and church staff will schedule it on the church’s calendar.

Mayor Cross thanked Mr. Carmack and the church for the kind offer, and the kind remarks.

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

Councilman Mark Revenaugh had no comments at this time.

Councilman Wayne Beer reminded everyone of the Gladfest festival the weekend of September 29, 30 and October 1, and encouraged all to attend.

Councilman Carol Rudi had no comments at this time.

Mayor Pro Tem Les Smith offered his and fellow City Council members’ condolences to the family of Jim Corum, who was employed by the City for 25 years and served as the Superintendent of the Water Treatment Plant.

Mayor Pro Tem Smith stated he read an article in the San Antonio Express News regarding red light cameras. Mayor Pro Tem Smith reminded the audience that our City Council has decided to move forward with red light cameras, and stated he heard a statistic that was enlightening that said Sugar Creek installed a red light camera at one intersection. In the first 24 hours of operation, there were 150 violations. The City of Sugar Creek is issuing warnings only for the first 30 days of installation of the red light camera. Mayor Pro Tem Smith encouraged City staff to bring documentation forward for installation of red light cameras in our City.

Mayor Pro Tem Smith thanked City staff for all the work they did for the Community Center-Natatorium groundbreaking, and also for the farewell to an old friend, the old Community Building. Mayor Pro Tem Smith said it was possible to say thank you to a lot of people who deserved to be thanked for the progress made so far with the new Community Center-Natatorium, and despite the weather, it was a very nice event. Mayor Pro Tem Smith asked Parks and Recreation Director Sheila Lillis and City Manager Kirk Davis to pass along his thanks.

Mayor Bill Cross stated that even though there was rain, there was a large group of people who participated in the Community Center-Natatorium groundbreaking. Most people got out of the rain under the shelter that Director Lillis and her staff provided. Mayor Cross said he appreciates all the efforts of Director Lillis in making this event so nice. There was a good response from the entire Northland community. The North Kansas City Board of Education members were present.

Mayor Cross said there was also a great turnout for the farewell coffee for the old Community Building. There were a lot of people who shared their memories of the Community Building, and a lot was learned about its history. Many people have very fond memories associated with the Community Building.

Mayor Cross invited all to attend the Scarecrow 5K Walk/Run event on Sunday, October 1, with a starting time of 7:30 AM. Mayor Cross said HyVee does an excellent job in sponsoring this event. Mayor Cross reminded past Gladfest Parade Marshals and City Council members of the reception at First Bank of Missouri on Friday evening. This event will kick-off Gladfest. Mayor Cross said he hoped the weather will be wonderful for Gladfest, and according to the weather forecast, it should be a nice weekend. Mayor Cross encouraged everyone to attend the Gladfest parade on September 30^th, and all the events over Gladfest weekend.

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

City Manager Kirk Davis invited everyone to attend Gladfest the upcoming Friday, Saturday and Sunday, and said there are a lot of activities for everyone. City Manager Davis said the grounds are going to change a little bit, due to construction being under way in Central Park. Events will be staged around City Hall, and the stage will be behind City Hall in the Public Safety entrance, as will be the Beer Garden. The carnival will be in its usual location, and vendors will be along Northeast 70^th Street, North Cherry, and North Holmes for everyone to enjoy.

City Manager Davis said the City has recently lost two people who have been involved with the City. City Manager Davis said Jim Corum, who operated the Water Treatment Plant for 25 years, passed away recently, and he will be missed an awfully lot. He was a very active retiree and a great guy, as many people know. City Manager Davis said Ken Karns recently passed away. Mr. Karns served on the City Council in the early 1980’s and has been involved with the City off and on for the past 25 to 30 years, and he too will be missed.

Mayor Cross said these two people dedicated a lot of their lives to the City of Gladstone.

Item 9. on the Agenda. PUBLIC HEARING: for consideration of a Special Use Permit subject to certain conditions to Terry R. Day for operation of a Montessori School on residential property at 405 Northeast 73 Terrace. Applicant: Laura Gerdes and Terry R. Day. Owner: Terry Day. (File No. 1284).

Mayor Bill Cross opened the Public Hearing and explained the hearing process that the applicant would make their presentation, followed by a presentation by the Staff and finally comments from those in Favor and those Opposed.

Applicant Presentation

Laura Gerdes, 6402 North Wayne, stated she is requesting a Special Use Permit for a five-year period. Ms. Gerdes said she had a very successful first year at her school, and she did everything that was asked of her last year by City Council. Ms. Gerdes said she had a full enrollment last year with 18 students. Six students were in Kindergarten/First Grade over the summer, so more students were added. Ms. Gerdes said operation of the school is going very well, and offered to answer any questions City Council members might have.

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

Staff Presentation

Assistant City Manager Scott Wingerson reported that the applicant has applied for a renewal for a Special Use Permit to operate a Montessori School. In 2005, a Special Use Permit was granted by the City Council for a period of one year, expiring in August 2006. Mr. Wingerson stated since that time, the applicant has improved the parking area as directed in the conditions of the Special Use Permit, as well as installed a fence around the perimeter of the play areas. Mr. Wingerson reported that to date, there have been no concerns registered with the City about the school. Staff recommended approval to the Planning Commission of the renewal for a period of five years. The Planning Commission held their Public Hearing, and on September 5, 2006, voted to recommend approval to the City Council by a vote of 9 to 1.

Mayor Bill Cross asked for clarification if the term for this application is five years.

Mr. Wingerson replied that was correct – a term of five years for this application, and there was a one year term for the first application, presented last year. This is typically what Staff recommends, and City Council has approved in the past – a one year term the first year, followed by a five year term the second term.

Mayor Cross closed the Public Hearing.

Item 9a. on the Agenda. FIRST READING BILL NO. 06-30, approving a Special Use Permit subject to certain conditions to Terry R. Day for operation of a Montessori School on Residential property at 405 Northeast 73 Terrace. Applicant: Laura Gerdes and Terry R. Day. Owner: Terry Day. (File No. 1284).

Mayor Pro Tem Les Smith moved to place Bill 06-30 on First Reading. Councilman Wayne Beer seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (5-0). The Clerk read the Bill.

Mayor Pro Tem Les Smith moved to accept the First Reading of Bill 06-30, Waive the Rule and place the Bill on Second and Final Reading. Councilman Wayne Beer seconded.

Councilman Mark Revenaugh stated he noticed that the one Planning Commission member who voted against the renewal of this application did so based on the fact that the applicant does not reside in the home. Councilman Revenaugh asked why the applicant does not reside in the home, and is the City in the habit of granting Special Use Permits to people who don’t live in the homes for which they are requesting the Special Use Permit.

Assistant City Manager Wingerson replied although it is not a habit, there are approximately one half dozen instances where the business owner operates a business from a single family home without a resident. Mr. Wingerson said there are not many instances, and he may be overestimating the number, but there are a few instances. This particular Special Use Permit was discussed at length last year, and it has done very well, and has had no neighborhood impact, based on what the neighborhood has explained to Staff.

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

Mayor Pro Tem Les Smith moved to accept the Second and Final Reading of Bill 06-30 and enact the Bill as Ordinance 4.009. Councilman Wayne Beer seconded.

Mayor Pro Tem Smith said when this application came before Council a year ago, he was somewhat skeptical and wanted to only approve a one year Special Use Permit, and hoped that they would prove themselves. Mayor Pro Tem Smith said, apparently, they have done very well.

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

Item 10. on the Agenda. FIRST READING BILL NO. 06-31, authorizing the City of Gladstone, Missouri, to enter into a base lease with First Bank of Missouri, as Trustee, whereby the City will lease certain property to said Trustee, a Lease Purchase Agreement with said Trustee with respect to the acquisition, construction, furnishing, equipping and installing of certain capital improvements and prepaying certain outstanding Certificates of Participation and certain related documents; approving a Declaration of Trust made by the Trustee pursuant to which certain Certificates of Participation will be executed and delivered; and approving certain other documents necessary to deliver the Certificates of Participation.

City Manager Kirk Davis invited Greg Bricker of George K. Baum, the City’s financial advisor and underwriter, to provide to City Council members an update on the final sale of the bonds and report how the City did financially.

Mr. Bricker stated at the August 25^th City Council meeting the Council adopted a “Go to Market” Resolution, authorizing George K. Baum and Company, the City’s investment banking firm, and Gilmore and Bell, the City’s Bond counsel firm, to proceed forward with the necessary paperwork to bring a financing into the market place to provide approximately $22 million dollars for certain improvements related to the Community Center-Natatorium, and to provide approximately $800,000 for a Computer Aided Dispatch system. Mr. Bricker said since that point in time, several steps have been completed. Mr. Bricker paused in his report to introduce Randy Irey, of Gilmore and Bell, and Michael Short, with the investment banking firm of Oppenheimer and Company, who worked in conjunction with George K. Baum and Company in the marketing of the Certificates of Participation.

Mr. Bricker reported that since the August meeting, they have completed the preparation of a preliminary official statement that City Council members received in their Council packets. This statement is basically the prospectus that is used to market the Certificates. Mr. Bricker said they made application to a bond insurance company. These Certificates are Triple A rated by virtue of the bond insurance premium. Mr. Bricker said they made application to the Moody’s Investors Service for a bond rating, and they were successful in getting an A-2 rating on this Certificate of Participation financing. Mr. Bricker said they began marketing the Certificates last Wednesday afternoon, and completed the marketing of the Certificates on Thursday morning. All of the Certificates are sold. The final average interest rate on this financing is 4.48 percent. There is a closing schedule for October 13^th, where the proceeds of this financing will be deposited into an account at First Bank of Missouri that can be drawn upon by the City to reimburse those funds that have been advanced to date on this project. Mr. Bricker said there are some invoices that will be forthcoming in the near future for this project; there were two expenditures approved in tonight’s Consent Agenda. The money is arriving just in time.

Mr. Bricker reported the bond market over the last month has been going in our direction, the price of oil has come down, and there have been certain inflationary data on a national level that has been favorable to the bond market. Mr. Bricker said, overall, this financing has come together exceptionally well. The action item tonight is to basically approve the final interest rates to this transaction, and to authorize the Mayor to execute certain documents in connection therewith.

Mr. Bricker stated as part of this financing is a re-financing of the Certificate of Participation the City entered into in 2000. That financing was primarily to fund certain stormwater improvements, but it also refinanced a portion of the improvements that were made to this building in 1997. Mr. Bricker said the net effect of that refinancing was to save about $450,000 on the remaining payments on that Series 2000 Certificates of Participation financing. Mr. Bricker continued by saying this overall financing is in the amount of $27.8 million dollars, of which $21.7 million will be going to the Community Center-Natatorium, and roughly $800,000 will be going to the Computer Aided Dispatch system, and about $5.2 million dollars to refinance the Series 2000 financing.

Mayor Cross asked Mr. Bricker if the success of bringing this all together at the correct time is due to the very worthwhile planning of the City Manager and Assistant City Manager.

Mr. Bricker replied, “Yes, without a doubt”.

Mayor Cross commended City Manager Davis and Assistant City Manager Wingerson on a “job well done”.

Mr. Bricker said this project has been complicated from the beginning, and all of the lines are beginning to intersect now.

Mayor Cross thanked Mr. Bricker, Mr. Short, and Mr. Irey for their efforts on behalf of the City.

Councilman Wayne Beer moved to place Bill 06-31 on First Reading. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (5-0). The Clerk read the Bill.

Councilman Wayne Beer moved to accept the First Reading of Bill 06-31, Waive the Rule and place the Bill on Second and Final Reading. Councilman Mark Revenaugh seconded.

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

Councilman Wayne Beer moved to accept the Second and Final Reading of Bill 06-31 and enact the Bill as Ordinance 4.010. Mark Revenaugh seconded.

Councilman Wayne Beer said he was anxious to go to work, and said, “Let’s get it done”!

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

Item 11. on the Agenda. FIRST READING BILL NO. 06-32, repealing Ordinance No. 3.984 (Section 6.110.100 of the City Code) and enacting a new Ordinance establishing Water Service Rates for the City of Gladstone, Missouri.

Councilman Carol Rudi moved to place Bill 06-32 on First Reading. Councilman Wayne Beer seconded. The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (5-0). The Clerk read the Bill.

Councilman Carol Rudi moved to accept the First Reading of Bill 06-32, Waive the Rule and place the Bill on Second and Final Reading. Councilman Wayne Beer seconded. The vote: The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (5-0). The Clerk read the Bill.

Councilman Carol Rudi moved to accept the Second and Final Reading of Bill 06-32 and enact the Bill as Ordinance 4.011. Councilman Wayne Beer seconded.

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

Item 12. on the Agenda. FIRST READING BILL NO. 06-33, prohibiting dogs on the grounds of the Gladfest Festival in the City of Gladstone, Missouri, and establishing the inclusive dates during which the Ordinance will be in effect.

Councilman Wayne Beer moved to place Bill 06-33 on First Reading. Councilman Mark Revenaugh seconded.

Councilman Mark Revenaugh inquired into why this action is being considered.

City Manager Davis said this was a request from the Gladstone Area Chamber of Commerce, and said it is his understanding that in the past some dogs have nipped people, and with 25,000 people attending Gladfest, and with recent dangerous animal concerns, there is belief there could be a public safety problem with potentially dangerous animals and people congregating in the same area. City Manager Davis invited Anita Newsom, Vice President of Education for the Gladstone Area Chamber of Commerce to provide some historical insight into this request.

Anita Newsom reported that for many years signs were posted at Gladfest, which read “No Dogs”. There were no tools to enforce the signs, other than to ask people to leave with their dogs. Ms. Newsom said the Chamber does not want dogs on the festival grounds for the reasons Mr. Davis stated. Ms. Newsom said if you watch interaction of people, they will bring their dogs to the festival as an outing with their dog. People with dogs may be conversing with other people, with the dog on a leash, as required by City Ordinance, but young children, with candy or other treats may approach the dog and suddenly there is a dog trying to get the child’s food, and the owner of the pet is not being vigilant. This can cause nips and bites by the dog.

Ms. Newsom said if people are not going to be prudent in looking after their dog or children, there needs to be a system in place by which that can be managed. In the past, posting the signs had “no teethe” in it. By having an Ordinance, Public Safety personnel can provide enforcement. The signs will have the Ordinance number on them to help reference this action, and to help make for a safer and happier festival for everyone. Ms. Newsom said, regretfully, someone may have to take their dog home, but it will be safer and more pleasant for everyone in the long run. The festival is for families and children, and there are other events for dogs like the City’s Walk and Wag event.

Mayor Cross asked if Animal Control Officers will be present at the festival.

City Manager Davis replied law enforcement officers will be present at the festival and will enforce the Ordinance.

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

Councilman Wayne Beer moved to accept the First Reading of Bill 06-33, Waive the Rule and place the Bill on Second and Final Reading. Councilman Mark Revenaugh seconded. The vote: The vote: All “aye” – Councilman Mark Revenaugh, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Les Smith and Mayor Bill Cross. (5-0). The Clerk read the Bill.

Councilman Wayne Beer moved to accept the Second and Final Reading of Bill 06-33 and enact the Bill as Ordinance 4.012. Councilman Mark Revenaugh seconded.

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

Item 13. on the Agenda. OTHER BUSINESS.

There was no other business.

tem 14. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.

There were no questions from the News Media.

Item 15. on the Agenda. ADJOURNMENT.

There being no further business to come before the September 25, 2006, Gladstone Regular City Council Meeting, Mayor Bill Cross adjourned the regular meeting.

Respectfully submitted:

___________________________

Cathy Swenson, City Clerk

Approved as submitted: ___

Approved as corrected/amended: ___

______________________________

Mayor Bill Cross