MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

REGULAR MEETING

MONDAY, FEBRUARY 26, 2007

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 February 26, 2007, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.

Following is a transcript of the meeting as provided by Action Court Reporters, Inc.

CITY OF GLADSTONE, MISSOURI

CITY COUNCIL MEETING

TRANSCRIPT OF MEETING

February 26, 2007

City Hall

Gladstone, Missouri

Attendance:

City Council Members:

Mr. Bill Cross, Mayor

Mr. Les Smith, Mayor Pro Tem

Ms. Carol Rudi, Councilman

Mr. Mark Revenaugh, Councilman

Mr. Wayne Beer, Councilman

Staff:

Mr. Scott Wingerson, Director

Mr. Dave Ramsay, City Attorney

Ms. Cathy Swenson, Clerk

Mr. Kirk Davis, City Manager

Mr. Chris Helmer, City Planner

Ms. Janet Wimer

Certified Court Reporter

INDEX

Hearing Begins.....page 3

Item 1.....page 3

Item 2.....page 3

Item 3.....page 3

Item 4.....page 3

Item 4a.....page 4

Item 4b.....page 8

Item 4c.....page 15

Item 5.....page 11

Item 6.....page 18

Item 7.....page 24

Item 8.....page 26

Item 9.....page 26

Item 10.....page 30

Item 11.....page 34

Item 12.....page 39

Item 13.....page 39

Item 14.....page 39

End of Meeting.....page 39

Reporter's Certificate.....page 40

PUBLIC HEARING

ITEM 1:

MAYOR CROSS: The meeting is called to order of the Monday, February 26th meeting.

ITEM 2:

MAYOR CROSS: Please note that all members are present this evening, and in fact, I think we have a few extra in attendance, which to all we welcome and we’re glad to see people join and understand what’s happening here in the City.

ITEM 3:

MAYOR CROSS: I would like, if it is at all possible, and I know it’s not on the agenda, but I would like to add something on the agenda. Mr. Rose, where is Mr. Rose? Ryan, do you suppose it would be possible that we could get your two Boy Scouts to lead the Pledge of Allegiance?

MR. ROSE: Sure.

MAYOR CROSS: We’d love to have them, and can you get the flags for them and get us set up and we’ll let these two Scouts introduce us and lead us in the Pledge of Allegiance. If I could have all of you stand, and we’ll all participate.

(Wherein the Pledge of Allegiance was said.)

ITEM 4:

MAYOR CROSS: Item number 4 on the agenda is Approval of the February 12th City Council Meeting Minutes. Do I hear a motion for the approval of the minutes?

COUNCILMAN REVENAUGH: Mayor Cross, motion to approve.

COUNCILMAN BEER: Second.

MAYOR CROSS: The move has been seconded that we approve the February 12th, 2007 City Council Meeting Minutes. Any discussion?

(No response.)

MAYOR CROSS: All those in favor, say aye.

(All said aye.)

MAYOR CROSS: Opposed?

(No response.)

MAYOR CROSS: The minutes of the February 12th is adopted, and I see here on my agenda, there’s another change here that Mr. Davis or somebody has something to do with, special 4A.

ITEM 4A:

MAYOR PRO TEM SMITH: Mayor Cross, if I may, we’re going to take that one away from you, and we would like to ask that you join the entire Council down in front of the desk. We have a presentation with you, actually. I went to St. Charles, so I do know how to read. This evening, the City Council would like to offer the Mayor a couple of special presentations, if you will. Mayor Cross has been a great ambassador for our community and a friend to all of us. He was recently named Northlander of the Year by the Northland Regional Chamber of Commerce, and we believe it’s the first time that a City Mayor or Councilmember has ever been bestowed the awards that Mayor Cross has received, so the Council has a couple of things for you this evening from us. If I may, for once, you don’t have to read one.

MAYOR CROSS: Good. You’ll do a better job.

MAYOR PRO TEM SMITH: Proclamation of the City Council, whereas Dr. Bill Cross, Mayor of the City of Gladstone, Missouri, has received many honors and special awards from organizations on the County, Regional and State levels, including the outstanding Missouri award from the 93rd General Assembly of the Missouri House of Representatives, and whereas Mayor Bill Cross was recently honored by the Northland Regional Chamber of Commerce for his service to the Northland community, as the recipient of the 2006 Northlander of the Year award, and whereas Mayor Bill Cross has served on the Gladstone City Council since 2000, with two terms as Mayor, and who served as the first Gladstone Municipal Pool Manager, and retained that position for 17 years, has served the community as a teacher, coach and administrator for 52 years, serving as a mentor and role model for over 25,000 high school students and 10,000 teachers in graduate programs. Has brought distinction to himself in the City through the exceptional public service he provides, which has earned him the greatest respect of Gladstone residents, officials, employees, Clay County, City, State officials, the business community and his many friends, neighbors and students in the Northland area and beyond. And whereas, Mayor Bill Cross serves as President of the Missouri Municipal League, Westgate Division, and is a Board member of the Missouri Municipal League, past President and Board member of the Clay County Coordinating Committee, a Westminster College Lifetime Achievement award recipient, past North Kansas City School Board member from 1992 to 1995, a member of both the Gladstone Area Chamber of Commerce and the Northland Chamber of Commerce, President of the Native Sons of Kansas City, Board member of the Mid-America Regional Council, and has served his community in countless other capacities. And now, therefore, the City Council members of the City of Gladstone, Missouri, proudly convey the heartfelt congratulations from the Gladstone City Council and all the Gladstone residents, to Dr. Bill Cross, Mayor, City of Gladstone, in tribute to his many contributions to our City and the community and his selection as Northlander of the Year for 2006. Mayor Cross.

(Applause.)

MAYOR PRO TEM SMITH: We just happen to have one other thing. Presented to Dr. Bill Cross, Mayor. In grateful appreciation of his dedication and outstanding service to the City of Gladstone, Missouri, presented this 12th day of February, 2007 - you missed the last meeting, we were ready for you then - by the Gladstone City Council, Les Smith, Mayor Pro Tem, Councilmembers Carol Rudi, Wayne Beer, and Mark Revenaugh, we’d like to present you with the key to the City.

(Applause.)

MAYOR CROSS: You have no idea how much I appreciate this. In 52 years of teaching, I have never seen so many wonderful gifts, tokens, things from the people in the community. This is a wonderful place to live. We back it as much as we can, the five of us work as hard as we can. We have support of all of you here by showing up tonight, by showing an interest. I know we’re going to be imposing again on certain things, but on behalf of myself, my family and even a couple of my grandchildren here tonight, we appreciate this very, very much. This is a big surprise to me, and I thank you so much. He taught with me for 30 years, so he did get to know me.

MAYOR PRO TEM SMITH: Dr. Cross, congratulations and thank you for being such a good friend of our community. We appreciate it.

MAYOR CROSS: Thank you all.

(Applause.)

ITEM 4B:

MAYOR PRO TEM SMITH: Next, we have a presentation by Clay County Field Representative Shawn Graybill, on behalf of Congressman Sam Graves, of a Congressional Record to Mayor Bill Cross.

MR. SHAWN GRAYBILL: Mayor, this is a speech that Congressman Graves made on the House floor, Thursday, February 8th, 2007. Madame Speaker, I proudly pause to recognize William C. Cross, constituent of the 6th District of Missouri, for recently adding another profuse award to his resume, as he was named the Northlander of the Year by the Northland Chamber of Commerce at their annual banquet held January the 27th, 2007. Dr. Cross has lived one of the most admiral and distinguished lives that any of us could hope for as he is a teacher, a coach, and an administrator for 52 years. Bill Cross earned his Bachelor’s Degree at Westminster College in Fulton, Missouri, obtained his Ph.D. at Kansas State University. Dr. Cross has been a mentor and a role model for over 25,000 high school students and an additional 10,000 teachers in graduate programs. He has written and published multiple articles and authored books in the area of education. Dr. Cross has served as sponsor to over 100 college students in the classroom practical portion of the education major. He is frequently engaged as a speaker on the topics of business and education. But that’s not all, Madame Speaker, Dr. Cross has earned two terms as a Mayor of the great City of Gladstone, Missouri. He has served on the Board of Directors at the Mid-America Regional Council, Missouri Municipal League, Missouri Municipal League of Westgate Division, Headstart, Teaching and Reaching Youth, Clay County Core Main Committee, Shepherd Center of Kansas City, and as a committee member of the National League of Cities. Dr. Cross was a properly elected member of the North Kansas City School District. One special recognition I would like to address is that Dr. Cross is a fellow Eagle Scout with the Tribe of Micosay. There is so much more that this great person has done for his fellow man. If there ever was an example of a great person with the most distinguished recognition in this United States House of Representative, it is truly Dr. William C. Cross, teacher, civic leader, husband to Mary and father of three daughters and several grandchildren, active member of the North Cross United Methodist Church, valued friend and advisor to so many, Madame Speaker, I proudly ask you to join me in honoring Dr. William C. Cross, whose dedication and service to the people in the 6th District of Missouri, as exceptional.

MAYOR CROSS: Thank you so much. The thing about this is, State Representative Graves is never too busy to see anybody from this area of the State. You tell him where you’re from, you’re from the Gladstone area, and he’ll make an appointment and he will come see and visit with you. We are very fortunate to have so many outstanding Senators and Representatives from this area, and again, on behalf of all of my friends and everybody that had something to do with this, I thank you so, so much. You have no idea what this really means to me. I appreciate it.

(Applause.)

ITEM 4C:

MAYOR CROSS: There’s certain things that we do that are very traditional and as some of these people have told you, several of us have been on the Council five years or longer, we thank that we can work together, we thank that we are in a progressive community, and so what I have tried to do is to change things just a little bit and do something that hasn’t been done before, we are going to have some presentations made to other people, and they’ve been just as noteworthy, and they’ve been just as much - they’re just not quite as old as I am. Someday, when they get to be my age, they’ll be receiving all these wonderful tokens here. So at this time, I would like for some of my colleagues here is to give to gentlemen and ladies who have served on committees here in the City of Gladstone. When we’re up here on one Monday night, they’re up here on the next Monday night, and then the information we get from them, we pass on, we learn, and as a result, we try and make worthwhile decisions. So at this time, I’m going to ask the liaisons for each of these Councilmembers here representing a group, to present to, not an organization, a person, a person in this situation, something that they can be remembered by for their dedicated hours that they have spent working with the City of Gladstone. Ms. Rudi, you can go first.

COUNCILMAN RUDI: Dave Reynolds, would you please come forward?

MAYOR CROSS: I might mention while he’s coming up here, you won’t believe this because he looks a heck of a lot younger than I did, but David was my student over 40 years ago.

MR. DAVE REYNOLDS: It was about that, yes. Somewhere between 20 and 50.

COUNCILMAN RUDI: Mr. Reynold has served on our Planning Commission and he’s finished his term, and because of that, we’re giving him a plaque in our appreciation. Certificate of Service presented to Dave Reynolds, in recognition of his service and achievement in the betterment of our City, and his outstanding contribution as a member of the Planning Commission, January, 2004 through December, 2006, presented by the Mayor and the City Council of the City of Gladstone, Bill Cross, Mayor, thank you.

(Applause.)

COUNCILMAN RUDI: I might tell you that he’s finished his term on the Planning Commission, but he’s still a member of our Atkins-Johnson Farm Task Force, so we’ll keep him busy doing that, and if you have any questions about that - can I do my--

MAYOR PRO TEM SMITH: We’re not going to be able to stop you.

COUNCILMAN RUDI: I know it. Okay. Atkins-Johnson is our log cabin that was built in the early 1800s and we are attempting to restore it, maintain it, so if anybody has money they want to give, contact Mr. Reynolds.

COUNCILMAN BEER: Ed Stanley, if you would come forward, please. This is Edwin Stanley, and likewise, this is also a plaque, as a Certificate of Service presented to Edwin Stanley, in recognition of his service and achievements in the betterment of our City as a member, and his contributions, outstanding contribution as a member of the Planning Commission, from December, 2004 to December, 2006, and this is presented by the Mayor and the City Council of the City of Gladstone, Bill Cross, Mayor.

MR. EDWIN STANLEY: Thank you very much. I really enjoyed it.

(Applause.)

MAYOR PRO TEM SMITH: Don McLaughlin. I’ll tell you a Don McLaughlin story when I finish. Certificate of Service presented to Don McLaughlin, in recognition of his service and achievements in the betterment of our City and his outstanding contribution as a member of the Capital Improvements Program Committee, January, 2001 to December, 2006, presented by the Mayor and City Council, Bill Cross, Mayor. Classic photo op right there. This is actually a real honor for me, because Don and I haven’t always seen eye to eye, and we kind of came together a few years ago and I think we have a renewed respect for each other, and I can tell you that Don was instrumental in many of the things that we have going on right now, including bringing economic development activities back into City Hall. We somewhat disagreed on the methods, but it was very effective, nonetheless, and we owe a debt of gratitude to Mr. McLaughlin, and it’s a pleasure now that we see eye to eye a bit more often. You’re a good man and a good citizen, Don.

MR. DON McLAUGHLIN: Thank you. You can put your signs in my yard.

COUNCILMAN REVENAUGH: LaVonne Boor, is she in the audience this evening? How about Mary Jo Payton? Okay, well, for the record, both of those folks have served on the Recycling and Solid Waste Committee, and for the record, we appreciate their service to our City, and we’ll see that they get their plaques. Thank you.

ITEM 5:

MAYOR CROSS: Thank you very much, and from all my Councilmembers here, I think you very much for doing this for me. Now, I’ll impose again and we’ll break precedent just a little bit, and we’ll do something just a little bit different. I hope, Mr. Smith, you have your glasses on and a fresh drink of water so that you may take over and handle this Consent Agenda.

MAYOR PRO TEM SMITH: Yes, sir, thank you. The next item on the agenda in the Consent Agenda. Madame Clerk, will you please explain and read the Consent Agenda?

MS. SWENSON: The Consent Agenda allows the City Council to consider and approve routine items of business without discussion. Any member of the City Council, the City staff of the public may request to remove any item from the Consent Agenda and request it be considered under the regular agenda, if discussion or debate of the item is desired. Items not removed from the Consent Agenda will stand approved by motion, by any Councilmember’s second and a unanimous vote to approve the Consent Agenda as published and modified.

The Consent Agenda is as follows: Resolution R-07-14, accepting Temporary Construction Easements and Permanent Easements from property owners in conjunction with the Gladstone Community Center-Natatorium Project, (CB0662).

Resolution R-07-15, authorizing acceptance of work under contract with Linaweaver Construction Incorporated, for the Northeast 76th Street and North Woodland Street Improvements, and authorizing final payment in the amount of $18,998.44.

Resolution R-07-16, authorizing the City Manager to execute a lease agreement by and between the City of Gladstone, Missouri and the Conservation Commission of the State of Missouri for lease of the Maple Woods Nature Preserve.

Resolution R-07-17, authorizing the City Manager of the City of Gladstone, Missouri to execute a contract with Woodfin Utility Services LLC for Meter Reading Services.

Resolution R-07-18, authorizing the City Manager to execute on behalf of the City of Gladstone, Missouri, the Bylaws of Mid-America Regional Council’s Insurance Trust (MARCIT) which were adopted by the members of MARCIT on November 3rd, 2006.

Approval of a Class A&B Liquor by the Drink License for Multiple Investments, LLC, d/b/a Show Me’s, 6300 North Oak Trafficway. Managing Officer: Stephanie Hazelton.

And approval of the financial reports for January, 2007.

MAYOR PRO TEM SMITH: Thank you. Provisions of the Consent Agenda allow for any member of the audience to have an item removed for discussion. Does anyone wish to remove an item this evening? Any Staff member?

MR. KIRK DAVIS: No, sir.

COUNCILMAN RUDI: Mayor Pro Tem?

MAYOR PRO TEM SMITH: Councilman Rudi?

COUNCILMAN RUDI: I move to approve the Consent Agenda as presented.

COUNCILMAN BEER: Second.

MAYOR PRO TEM SMITH: There’s a motion and a second. All in favor, please say aye.

(All said aye.)

MAYOR PRO TEM SMITH: Opposed, same sign?

(No response.)

ITEM 6:

MAYOR PRO TEM SMITH: Item 6 is communications from the audience. If there is anyone in the audience who would like to address the Council on any item that’s not on our agenda this evening, you may do so at this time. We ask that you step forward and state your name and address for the record, please.

MS. KATHY RODRIGUEZ: Good evening Mayor Cross and City Councilmembers. My name is Kathy Rodriguez, and I am from Lee’s Summit, Missouri. Thank you for this opportunity to speak. I am with No More Homeless Pets, Kansas City. Shirley Oberkirk is passing out some information we have for you. We are the Co-Directors of the Feral Friends Program. We are here tonight to suggest a humane, effective solution for the feral and stray cat problem in Gladstone. No More Homeless Pets is dedicated to stopping the killing of homeless animals through spay and neuter of pets free-roaming, and feral cats. In the past year, we have helped caretakers fix nearly 2,000 feral and free-roaming cats. As you may know, we’re working with the City of Riverside, Missouri, in this effort. A feral cat is an unsocialized cat. Compared to a stray cat, a feral cat is not tame and cannot be touched. It most likely has never had human contact. Either it was born outside or has lived outside long enough to resort back to being wild. Feral and stray cats live together in a group called a colony. These cats come from cats that are abandoned by their owners, lost cats or kittens that are born in the wild. How do we humanely deal with these cats? Well, the proven answer is trap, neuter, return, or TNR. TNR is a non-lethal way to reduce the population of homeless pets. TNR stabilizes the number of cats through spay and neutering. Exactly what does that mean? Trap means to humanely trap all the cats in a colony. Neuter means to take the cats in their traps to a veterinarian to be spayed, neutered, vaccinated and ear-tipped, and treated as needed. Return means to take the cats back to their established outdoor area, which is their home. What is an ear-tip? An ear-tip is, when a cat is fixed and vaccinated, as part of the TNR effort, each cat’s left ear is tipped. It is a universal sign that a cat has been fixed and vaccinated and is being maintained in a colony. How does TNR work? On the grassroots level, all the caretakers who practice TNR report the same result, the colony size decreases. Shirley and I can share caretaking a colony, when we started five years ago, we fed about 30 unaltered cats. We started trapping and fixing the cats and now the colony size is down to seven. All are fixed and vaccinated and the colony hasn’t produced any kittens in the last three years. Other caretakers all over our City that I’ve worked with over the last several years reported the same results. Colony by colony, the number of feral and free-roaming cats is declining, and it has been done humanely. On a community level, a number of communities have adopted TNR because it is effective. It is cost effective because it’s far less expensive to fix and vaccinate a cat than it is to trap it, house it for four days and then to kill it. In the packet we’ve prepared for you, there’s a handout titled TNR for Animal Control. The handout was with several agencies that have instituted TNR and the significant cost in savings that they have experienced. TNR is also effective at controlling population. Free-roaming cat numbers gradually decline. Finally, TNR effectively reduces the complaint calls, and refer again to the handout for animal control agencies to read in this information. Why trap and kill doesn’t work. Eradication is expensive. It strains municipal budgets. Moreover, once the cats are removed, more cats move in and take advantage of the newly available space and resources. They breed quickly to form a new colony. The eradication process is never ending, and it is never effective. Communities concerned about their civic reputations find that TNR shows a progressive mindset and that most of its citizens find TNR preferable to killing. Who are your caretakers? As in other communities, many of your residents feed and care for feral and free-roaming cats every day. Many are helping the cats and they are already emotionally invested in these cats, even though they cannot touch most of them. If given permission by the City to trap and fix the cats, many of your residents will carry out your TNR. In some communities, TNR is supported by the city’s animal control division. Animal control works with the caretakers. We have several handouts in your packet discussing this option. Some of the myths that you may have heard is that feral and free-roaming cats tend to carry disease. On the contrary, they are quite healthy. Studies show that the occurrence of feline leukemia and FIV among feral cats is virtually identical to that of household cats, less than five percent. Trapping and removing the cats does not work. Not only do you have to continue to remove the cats, but it’s extremely costly. Removal creates a vacuum whereby all the other will move into that vacated space. Feral cats and stray cats deplete wildlife. Studies show that the overwhelming cause of wildlife depletion is the destruction of our natural habitat, due to manmade structures, chemical pollution, pesticides and drought. Every time we tear up our fields, fell a strand of trees, we destroy the habitat for songbirds and other wildlife. The last myth is that by feeding the cats, caretakers create your colonies. Feral cats naturally congregate and live in groups. They will not go away because someone stops feeding them. Moreover, these cats are outside because of irresponsible people who have failed to spay or neuter and chose to abandon their cats. The caretakers are not the bad guys. Our research has shown that how many cats live in the Gladstone area, based on the population and the number of households, we estimate there’s over 3,000 cats in the Gladstone area. We’ve received many calls from Gladstone residents asking for assistance in dealing with feral and free-roaming cats. We are here because trap, neuter, return does work. It’s less expensive and more effective than killing the cats. If Gladstone sees that TNR, as a solution for its feral and stray cat problem, we are ready to work with the City in an advisory capacity. We will train your caretakers to trap and to help establish the neuter and vaccination procedures. We are ready to work together in a humane way and an effective way to control the number of homeless pets in Gladstone. If you have any questions, we’d be happy to answer.

MAYOR PRO TEM SMITH: Ms. Rodriguez, your comment is very timely. The Council has committed to addressing the feral cat issue with our budget process which will be around April or May, June, and I would assume that you will be asked for some feedback then.

MS. KATHY RODRIGUEZ: We’d be happy to help in any way.

MAYOR PRO TEM SMITH: Thank you. If anyone else would like to address the Council this evening on any item that is not on our agenda?

ITEM 7:

MAYOR PRO TEM SMITH: Item 7 is the communications from the City Council. Mayor Cross, would you like to be first this evening?

MAYOR CROSS: No comment this evening. I think I’ve said enough.

MAYOR PRO TEM SMITH: Councilman Rudi?

COUNCILMAN RUDI: Congratulations to Mayor Cross. You are deserving of everything that you’ve received.

MAYOR CROSS: Thank you.

MAYOR PRO TEM SMITH: Councilman Revenaugh?

COUNCILMAN REVENAUGH: I’d like to add to those congratulations and also mention that Councilman Rudi and I had any opportunity to go to Jeff City Wednesday as part of the Missouri Municipal League meeting with the legislative conference. I’ll just say it’s gratifying to see folks participate in government by your presence here tonight. I want to emphasize that it’s equally important to keep an eye - well, to monitor our legislators in Jefferson City. I think they need the feedback just as we need the feedback, and it was nice to be able to develop a relationship with officials from Liberty and North Kansas City, where in Gladstone, the three of us got together with three legislators and the State Senator for dinner last Wednesday night, specifically to point out those issues that we felt were important to our communities, and by doing that, it showed them that we were paying attention to what they’re doing in Jeff City and hopefully, somehow that will at least enter their stream of consciousness when they have to take a vote on the issue. So I thank you all for being here tonight and thank you also for the opportunity to participate in that conference Wednesday.

MAYOR PRO TEM SMITH: Councilman Beer?

COUNCILMAN BEER: Only to say congratulations to Bill, long time friend, colleague, and thank you very much for your service for the City and to the school district, and I appreciate it.

MAYOR PRO TEM SMITH: Likewise, the accolades keep coming up and you’re just a great man. We’re all proud to be here associated with you, and Mary, your children and your grandchildren should be pretty proud of Papa; he’s a good man. Thank you for all that you’ve done for us, Mayor.

ITEM 8:

MAYOR PRO TEM SMITH: Communication from the City Manager.

MR. DAVIS: Only kudos, Mayor. I have nothing else.

MAYOR PRO TEM SMITH: That was a record.

ITEM 9:

MAYOR PRO TEM SMITH: Item 9 is the second reading of Bill 07-03, amending Title II, Chapter 105 of the City Code of Ordinances regulating the care, keeping and licensing of animals within the City of Gladstone.

COUNCILMAN BEER: Mayor Pro Tem Smith?

MAYOR PRO TEM SMITH: Councilman Beer?

COUNCILMAN BEER: Motion to place Bill 07-03 on its second reading, and amended by the following two provisions, which don’t cause any substantial change in the Bill, so we don’t have to go through the whole hearing process again on it, with the two amended provisions. Basically, one is to summarize a contents list and the second provision of the amendment is a new numbering, sequencing system that reflects the provisions in the amendment.

COUNCILMAN RUDI: Second.

MAYOR PRO TEM SMITH: We have a motion and a second for an amended second reading of the Bill. Is there any discussion?

COUNCILMAN RUDI: Mayor Pro Tem Smith?

MAYOR PRO TEM SMITH: Councilman Rudi?

COUNCILMAN RUDI: I will keep this short. I stated my opinions in the past. I just would like to emphasize one more time that I believe that breed specific ordinances would be more costly to the City than if we just strengthen, which is what we are doing. Strengthen our dangerous animal ordinance. We just went through our mid-year budget adjustment and I believe that this cost will make this breed specific ordinance less desirable. Thank you.

MAYOR PRO TEM SMITH: Councilman Revenaugh?

COUNCILMAN REVENAUGH: Mayor Pro Tem Smith. I’m not going to debate it again because we’ve had plenty of public debate on this issue. And unfortunately, there’s no gray area between breed specific and non-breed specific legislation. Our surrounding cities have decided to go with non-breed specific and if it’s the will of this Council, then I heartily support the ordinance that ends up being enacted either way.

MAYOR PRO TEM SMITH: Thank you. Any discussion? I’d just like to add, and Councilman Rudi, I appreciate you saying this, it’s kind of been lost in the pit bull discussions, the fact that we are, we are overhauling our dangerous animal ordinance and I think with the exception of that specific legislation, and I’m going to emphasize because we’ve got some e-mails relative to bans, but we are not banning. But I think that what’s getting lost is the hard work that we’ve done in getting a good dangerous animal control ordinance. I’m on the boat. It’s a major upgrade to what we’ve had before, and this Council is in full agreement on all of the other provisions except one, so that kind of gets lost in the other issue, but I think that we have done good work. Any other discussion?

(No response.)

MAYOR PRO TEM SMITH: All in favor, please say aye?

(Mayor Cross, Mayor Pro Tem Smith, and Councilman Beer said aye.)

MAYOR PRO TEM SMITH: Opposed, same sign?

(Councilman Revenaugh and Councilman Rudi said nay.)

MAYOR PRO TEM SMITH: Would you read the Bill, please?

MS. SWENSON: I’m sorry, sir. May I ask who voted no?

MAYOR PRO TEM SMITH: Councilmen Rudi and Revenaugh.

MS. SWENSON: Second reading Bill 07-03, amending Title II, Chapter 105 of the City Code of Ordinances regulating the care, keeping and licensing of animals within the City of Gladstone.

MAYOR PRO TEM SMITH: Councilman Beer?

COUNCILMAN BEER: Motion to approve the second reading of Bill 07-03, and to enact it was Ordinance 4.022.

COUNCILMAN RUDI: Second.

MAYOR PRO TEM SMITH: We’ve got a motion and a second. Any discussion?

(No response.)

MAYOR PRO TEM SMITH: Call the role, please?

MS. SWENSON: Councilman Mark Revenaugh?

COUNCILMAN REVENAUGH: No.

MS. SWENSON: Councilman Wayne Beer?

COUNCILMAN BEER: Yes.

MS. SWENSON: Councilman Carol Rudi?

COUNCILMAN RUDI: No.

MS. SWENSON: Mayor Pro Tem Les Smith?

MAYOR PRO TEM SMITH: Yes.

MS. SWENSON: Mayor Bill Cross?

MAYOR CROSS: Yes.

MAYOR PRO TEM SMITH: Bill 07-03 has been enacted as Ordinance Number 4.022, as of this date.

ITEM 10:

MAYOR PRO TEM SMITH: Item 10 is the first reading of Bill 07-05, amending City Code Section 1.110.010 to change the name of the Recycling and Solid Waste Management Committee to the Environmental Management Advisory Committee.

COUNCILMAN BEER: Mayor Pro Tem Smith?

MAYOR PRO TEM SMITH: Councilman Beer?

COUNCILMAN BEER: Motion to place Bill 07-05 on its first reading.

COUNCILMAN REVENAUGH: Second.

MAYOR PRO TEM SMITH: Motion and a second. Any discussion?

COUNCILMAN RUDI: Mayor Pro Tem Smith, I just have one question for counsel. In this ordinance, it lists the boards authorized and it lists the Arts Council, which is the Arts Commission. Is that the reason that it’s changing? And if we change that one, we authorize the Arts Commission? I was going to ask you this earlier and I didn’t get to it in time.

COUNCILMAN BEER: The motion I said earlier would propose that, and to the Bill be made which specifies Arts Commission as opposed to Arts Council.

COUNCILMAN RUDI: I just wanted to be sure that that’s how it’s supposed to be.

MR. RAMSAY: Yes, that’s fine. You had previously changed the name and we didn’t pick it up in this, and I’m sorry.

COUNCILMAN RUDI: I didn’t know if there was something that overlapped.

MAYOR PRO TEM SMITH: Motion and a second. Is there any discussion?

(No response.)

MAYOR PRO TEM SMITH: All in favor, please say aye?

(All said aye.)

MAYOR PRO TEM SMITH: Opposed, same sign?

(No response.)

MS. SWENSON: First reading Bill 07-05, amending City Code Section 1.110.010 to change the name of the Recycling and Solid Waste Management Committee to the Environmental Management Advisory Committee.

MAYOR PRO TEM SMITH: Councilman Beer?

COUNCILMAN BEER: Motion to approve Bill 07-05's first reading and to place the Bill on a second and final reading.

COUNCILMAN REVENAUGH: Second.

MAYOR PRO TEM SMITH: Does that motion include to--

COUNCILMAN BEER: In fact, it ought to include changing that.

MAYOR PRO TEM SMITH: Does the second concur?

COUNCILMAN REVENAUGH: Yes.

MAYOR PRO TEM SMITH: Any discussion?

(No response.)

MAYOR PRO TEM SMITH: All in favor, please say aye?

(All said aye.)

MAYOR PRO TEM SMITH: Opposed, the same sign?

(No response.)

MS. SWENSON: Second reading Bill 07-05, amending City Code Section 1.110.010 to change the name of the Recycling and Solid Waste Management Committee to the Enviromental Management Advisory Committee.

COUNCILMAN BEER: Mayor Pro Tem Smith?

MAYOR PRO TEM SMITH: Councilman Beer?

COUNCILMAN BEER: I move to place Bill 07-05 to accept a second and final reading, and to enact it as Ordinance 4.023.

COUNCILMAN REVENAUGH: Second.

MAYOR PRO TEM SMITH: Motion and a second. Any discussion?

(No response.)

MAYOR PRO TEM SMITH: Would you take the roll, please?

MS. SWENSON: Councilman Mark Revenaugh?

COUNCILMAN REVENAUGH: Yes.

MS. SWENSON: Councilman Wayne Beer?

COUNCILMAN BEER: Yes.

MS. SWENSON: Councilman Carol Rudi?

COUNCILMAN RUDI: Yes.

MS. SWENSON: Mayor Pro Tem Les Smith?

MAYOR PRO TEM SMITH: Yes.

MS. SWENSON: Mayor Bill Cross?

MAYOR CROSS: Yes.

MAYOR PRO TEM SMITH: Very Good.

ITEM 11:

MAYOR PRO TEM SMITH: Item 11 is a public hearing on an appeal of dangerous building order pursuant to Title IX, Chapter 200, Article 4, of the Gladstone City Code on property located at 3707 Northeast 56 Terrace. Property Owner: Avalon Thompson. We will open that public hearing. I believe Dave Ramsay, please proceed, and we’ll go over what we have. This is a bit different than some public hearings we have. It’s treated more like a court case, if you will, so please proceed.

MR. RAMSAY: First of all, I’d like to determine who, if anyone, is here on behalf of either Ms. Thompson or anyone here who might want to--

MS. CINDY BENNETT: I’m Avalon Thompson’s daughter.

MR. RAMSAY: Okay. What is your name?

MS. CINDY BENNETT: Cindy Bennett.

MR. RAMSAY: Ms. Bennett, you have the right to participate in this hearing and to call witnesses and to provide documents or evidence, materials, to cross examine the witnesses, if you would like, and as well, to be represented by an attorney, if that’s your preference.

MS. CINDY BENNETT: I finally got a hold of an attorney that would take the case. Her name is Frankie, and I can’t pronounce her last name, but she’s out of town, and she asked me to go ahead and ask for a continuance. The power company is supposed to come over there and turn the power on, if that’s all it takes to keep you from tearing down my basement. I don’t really have a clue why you all want to tear down the property. It’s identical to every other property on that street. It looks the same as it did when I was a kid.

MR. RAMSAY: Mayor Pro Tem, there isn’t a specific provision for a continuance. However, State statute and our City ordinances do provide that the homeowner is entitled to be represented by counsel, so it wouldn’t be inappropriate for the City Council to reschedule this matter. It’s at your discretion.

MAYOR PRO TEM SMITH: Councilmen discussion on it?

COUNCILMAN RUDI: I believe we should reschedule this, as counsel has a right to be here.

MAYOR PRO TEM SMITH: I agree with that. I think that--

MS. CINDY BENNETT: The letter I got said the reason you all wanted to tear it down is because there’s no electricity, no gas, no water. So if the electricity is on and I don’t have any plumbing set up inside the building at the time, so I don’t need water. I don’t have anything gas except a hot water tank. But I don’t have water so I don’t use the hot water tank. So I’ve got power on over there. Why then would you feel you still want to tear it down? It looks the same as it did when I was a kid. The roof is less than 10 years old on this basement.

COUNCILMAN REVENAUGH: Mr. Ramsay, are we going to debate this case now then? Is that what--

MS. CINDY BENNETT: Well, I just didn’t want it going out today.

MR. RAMSAY: Pardon me?

MS. CINDY BENNETT: They said, you know, that someone was just making me come up here to say my say, that’s got power.

MR. RAMSAY: Okay. I think since you’ve asked for a continuance, I think that’s what the City Council is going to do.

MAYOR PRO TEM SMITH: We want to give you an opportunity to have a fair hearing, okay, which means that we have the City Attorney and the Building Inspector who have evidence, if you will, to present, and so I think it’s in your best interest, if you wish to be represented by an attorney, that we go that route, rather than trying to piecemeal it this evening. Whether to continue or not to continue, and I think we want to give you the benefit of the doubt, and continue. That would be my recommendation and I think it would be in your best interest. Counselor, what do we need to do, as far as action, to continue this to the next meeting?

MR. RAMSAY: I think just the Chair can do that. Now, there was a suggestion, Director Wingerson suggested a 60 day continuance because of what is building up on the agendas for the next few weeks.

MR. WINGERSON: It’s certainly the best suggestion.

MAYOR PRO TEM SMITH: And this does not impede her ability to use the property in the meantime?

MR. RAMSAY: No. As a matter of fact, it probably would give her an opportunity to get together with the Building Inspector and see if something could be resolved, so that possibly a hearing won’t be necessary.

COUNCILMAN BEER: Mayor Pro Tem Smith, motion to continue for 60 days.

COUNCILMAN RUDI: Second.

MAYOR PRO TEM SMITH: Motion and a second. All in favor, please say aye?

(All said aye.)

COUNCILMAN REVENAUGH: Mayor Pro Tem Smith, I believe that would be approximately the 23rd.

MAYOR PRO TEM SMITH: Councilman Revenaugh, I’m sorry.

COUNCILMAN REVENAUGH: That’s okay. I just thought there might be discussion in between the motion and the vote.

MAYOR PRO TEM SMITH: I apologize, sir.

COUNCILMAN REVENAUGH: Not a problem. We’ll let it go.

MAYOR PRO TEM SMITH: Was there any discussion?

COUNCILMAN REVENAUGH: I guess not.

MR. RAMSAY: And we will give written notification to the owners for the next scheduled hearing date.

MAYOR PRO TEM SMITH: Councilman Rudi?

COUNCILMAN RUDI: Mr. Napoli(ph), will you meet with them, please?

MR. NAPOLI: Yes, I will.

COUNCILMAN RUDI: Thank you.

ITEM 12:

MAYOR PRO TEM SMITH: Item 12. Is there any other business to come before the Council this evening?

(No response.)

ITEM 13:

MAYOR PRO TEM SMITH: Questions from the news media, but there is none.

ITEM 14:

MAYOR PRO TEM SMITH: Item 14 is adjournment. We’re adjourned.

(Meeting Adjourned.)

REPORTER’S CERTIFICATE

I, JANET H. WIMER, Certified Court Reporter, Certified Shorthand Reporter, Certified Verbatim Reporter, do hereby certify that I personally appeared at the taking of the proceeding as set forth in the caption sheet hereof; that I then and there took down by use of the Stenomask closed microphone, the proceedings had at said time and that the foregoing is a full, true and correct transcript of such proceeding.

Janet H. Wimer, CCR-CSR

Action Court Reporters, Inc.

P.O. Box 11066

Kansas City, MO 64119

(816) 454-4224

Item 12. on the Agenda. OTHER BUSINESS.

There was no other 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 February 26, 2007, Gladstone Regular City Council Meeting, Mayor Pro Tem Les Smith adjourned the regular meeting.

Respectfully submitted:

___________________________

Cathy Swenson, City Clerk

Approved as submitted: ___

Approved as corrected/amended: ___

______________________________

Mayor Bill Cross