MONDAY, JUNE 25, 2007



7:30 PM



PRESENT:          Mayor Les Smith

Mayor Pro Tem Mark Revenaugh

Councilman Carol Rudi

Councilman Wayne Beer


City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson


Mayor Les Smith opened the Regular June 25, 2007, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.


Item 2. on the Agenda.             ROLL CALL


Mayor Smith noted that all four Council members were present this evening.


Item 3. on the Agenda.             PLEDGE OF ALLEGIANCE.


Mayor Smith recognized Boy Scout Tim Parnacott, who is working on his Communication Badge, and invited him to lead the Pledge of Allegiance, in which all joined.


Mayor Smith thanked Mr. Parnacott and noted that his brother, Chris, has also led the Pledge of Allegiance at a City Council meeting.


Item 4. on the Agenda.             APPROVAL OF THE REGULAR JUNE 11, 2007, CITY COUNCIL MEETING MINUTES.


Councilman Carol Rudi moved to approve the Regular June 11, 2007, City Council Meeting Minutes as presented.  Councilman Wayne Beer seconded.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith.  (4-0).  


Item 5. on the Agenda.                 PROCLAMATION:  Celebrating the 20th Anniversary of the Gladstone Theatre in the Park.


Mayor Smith read a Proclamation celebrating the 20th Anniversary of the Gladstone Theatre in the Park.  Michelle Coon, Theatre in the Park Advisory Council member, was on hand to accept the Proclamation.


Ms. Coon reminded everyone that the Theatre in the Park 20th Anniversary celebration would be at Oak Grove Park on Saturday, July 7, at 7:30 PM, immediately prior to the “Cinderella” production.  Ms. Coon said the other Board members are in rehearsal for that performance, so they could not be here this evening.  Ms. Coon said she is in the second show.  Ms. Coon said they wished to extend their appreciation to the City and all involved for their continued support and generosity to Theatre in the Park.  Ms. Coon said hopefully there would be 20 more seasons to come, so her daughter who is 3 years old, can be in a musical.


Mayor Smith thanked Ms. Coon and said Theatre in the Park is a wonderful program.


Councilman Carol Rudi inquired into the second production.


Ms. Coon replied the second production would be “Beauty and the Beast”.  This will be shown for two weekends, which is a first for Theatre in the Park productions.


Item 6. on the Agenda.             PRESENTATION OF CERTIFICATES of recognition to the graduates of the Future Leaders Academy.  


Mayor Smith invited Sergeant Richard King, Public Information Officer, to provide a brief overview of the academy.


Sergeant King reported this academy has been an exciting experience for the City staff and the participants in the program.  This program was developed from the Gladstone on the Move initiative, in which they said the City needed to resurrect the Citizens Academy that had been previously held through Public Safety.  The new program has a different “twist” to it in that the entire City is involved, and an effort is made to seek and identify new leaders of our community.  There was a good number of folks who signed up for the first offering, and they were provided with an in depth look at the City of Gladstone, the many departments and their inner workings, and how the City functions from the beginning stages of City government, all the way down through the Fire Department.  The program has been very well received, and very positive.  Staff is excited that many of the folks who participated have expressed an interest in volunteer opportunities and ways to serve the City in the future. 


Staff is preparing for the second offering of the Future Leaders Academy that will begin in August.  Sergeant King reported that the graduates of the academy have attended sessions and classes for about six months, 2 ˝ hours in the evening - one night a month, and have spent a couple of Saturdays touring different facilities within the City.  The graduates have been introduced to the City budget, planning and development, and actually had an evening of interaction where they took maps and paperwork to put together their own development plan for a very specific area of the City.  The graduates of the Academy have seen the tools of Public Safety, from the Police Department to the Fire Department.  Sergeant King, said for him the best part was meeting more folks who call Gladstone home, and learning why they make this their home and why they continue to say, “this is the best city in the Northland”.


Councilman Beer said Sergeant King mentioned the Leadership Academy graduates did a planning project exercise, and asked if that is something City Council members should see.


Sergeant King replied the graduates would say Council members would definitely want to see their planning project, and he believes that Council members would be surprised at how close it is to some things that Staff has already shared with Council.  Economic Development Administrator Melinda Mehaffy led the planning exercise with the Academy participants, and she was very pleased with their ideas, as they ran very parallel with what Staff and Council believe.


Mayor Smith stated there was a reception in the City Hall conference room prior to the City Council meeting, and the thing that struck him was that folks really want to learn, and they understand now exactly how the City works, and they hold the City staff in very high regard.  The Leadership Academy graduates said the City staff is very well informed, very good at what they do, and seem happy at their job.  Mayor Smith said Sergeant King and City Manager Davis and Staff do a good job for the City.  Mayor Smith said he believes an informed citizenry is beneficial to everyone, because they understand the workings of the City.  Mayor Smith congratulated all the Leadership Academy graduates, and asked City Council members to join him in front of the dais to present Certificates of Recognition to the graduates.  Mayor Smith welcomed the graduates to stay for the balance of the meeting, but said Council would understand if they should need to leave.


Mayor Smith and City Council members presented Certificates of Recognition and City lapel pins to the graduates of the Future Leaders Academy as follows:


Carl Pacubas, Rachael Pacubas, Karen Simms, Chuck Weber, Carolyn Vellar, Arlene Segal, Robert Teel, Luellyn Teel, John Garner, Clarence Sapp, Larry Delmont, Joseph Parnacott, David Velasquez, Don Horton, and Jean Moore.


Note:  Beth Houlihan, Marialice Estopare, Melanie Driskell, Diana Snyder, and Carol Suter, were unable to attend.


Item 7. on the Agenda       CONSENT AGENDA


Following the Clerk’s reading, Councilman Wayne Beer moved to accept the Consent Agenda as presented.  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith.  (4-0).  


Councilman Wayne Beer moved to approve the Annual Liquor License Renewals as follows: 


·        Kwik Shoppe, 7603 North Oak Trafficway, 6 Day Package Liquor License.

·        KC Northland Elks, 7010 North Cherry, Class A&B Liquor by the Drink License.

·        Quik Trip #237, 6309 NE Antioch Road, 7 Day Package Liquor License.

·        Quik Trip #181; 2590 NE 72nd Street; 7 Day Package Liquor License.

·        Bubbles,7407 North Oak Trafficway, 7 Day Package Liquor License.

·        Price Chopper, 6475 N Prospect, 7 Day Package Liquor and Wine Tasting License.

·        Wasahi, LLC, 328 NE 72 Street, Class A&B Liquor by the Drink License.


Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith.  (4-0).  




Item 8. on the Agenda.             COMMUNICATIONS FROM THE AUDIENCE.


Kim Forslund, 3515 NE 61st Terrace, began by saying she attended a City Council meeting a few weeks ago and spoke about the Bull Terrier addition to the Gladstone Animal Control Ordinance.  Ms. Forslund asked if Council had an opportunity to review the information she provided, which is the third packet she has given to City Council members.  Ms. Forslund said she provided the first packet in June 2006, and she provided information in February of this year.  The cover letters asks that Council not just take her advice, but that Council members do their own research.  Ms. Forslund said she understands that most of what Gladstone adopted was from Liberty’s Ordinance, but she wasn’t sure how Gladstone went about verifying all of their information; what empirical data was used in making the decision, and if Council had a chance to look at the recommendations from the pet salon owners, the dog trainers, as well as the veterinarians in this area, urging that Bull Terriers be taken off the dangerous dog list, as it is not a Pit Bull.


Mayor Smith stated he does not know if his colleagues went through all of these steps; however, he is certainly not qualified in this area.  City Manager Davis and City Counselor Ramsay were asked to look into the issue, and he believed a recommendation was received from Animal Control.  Mayor Smith asked City Manager Kirk Davis to address this issue.


City Manager Davis stated that information was received from Ms. Forslund, our City’s Ordinance was reviewed, and Staff did their own research.  In regard to the dog that Ms. Forslund is talking about, the research is all over the place – it’s a 50/50 deal; which is what Mr. Davis understands from the City’s Animal Control officers.  City Manager Davis said, given our City’s Ordinance, they did not recommend removal from the dangerous dog listing that is currently in place.  City Manager Davis said if the Council would like to entertain this issue, Staff would be happy to bring back that research; however, at that time, the recommendation was to leave the Ordinance alone.


Ms. Forslund said when she met with Captain Clark and the Animal Control officer, that is not what they told her.  Ms. Forslund said she would like to know what data was used, because she wasn’t just looking for information that benefited her, when she chose this breed of dog.  Ms. Forslund said he has two small children, and she is curious to know what is the 50/50 – does it mean temperament?  American Temperament Tests Society rates them better than Beagles and Basset Hounds.


Mayor Smith said as he recalls in a memo, he believes what City Manager Davis is referring to is in the research done it was found that depending on how much research is done and how much you want to read, the results will come out 50/50, which is what the Animal Control officer found.  Mayor Smith said is that exactly 50 percent versus 50 percent – no, but what Council has been told is that for every argument “for”, there is an argument against.


Ms. Forslund asked for clarification, is this for the specific breed – the English Bull Terrier?


City Manager Davis stated that is his understanding.  City Manager Davis stated Staff would be happy to provide to City Council the memorandum and all the back-up documentation in their packets, to refresh everyone’s memory since it has been awhile.


Mayor Smith agreed that would be a good idea, and said Ms. Forslund deserves some final answer from the City Council.


Ms. Forslund said she would be happy to meet with Captain Clark again.


City Manager Davis said he is slightly distressed by this, because the information he received from the Public Safety Department was fairly straight forward, and perhaps we need to clarify that communication first, and give Ms. Forslund that courtesy, and then Council could address them again if they would so desire.


Mayor Pro Tem Mark Revenaugh said he did not recall who it was from, but a communication in the Council Packet stated it was not recommended to make an exception to the Ordinance, and he was curious if that was not in fact communicated to Ms. Forslund.


Ms. Forslund said what was communicated to her that Council was most likely not going to make a change in the Ordinance; it had nothing to do with facts.


Mayor Smith stated from his standpoint only, just to be perfectly clear, if our Staff is qualified to make that judgment, and recommends to him again as they did in the last memo that has been referenced, that this breed not be excluded, he will not support excluding it.  Mayor Smith said he is going with their call, and right now their call is to leave the Ordinance as it is.  Mayor Smith said he wished to be perfectly honest and candid, so Ms. Forslund will know where he stands.  Mayor Smith said he is going to rely on Staff to provide that information to him, and if it is that way or if it is decided to revisit this issue, that is fine, but if the recommendation comes back the same way, that is the direction he will go.


Ms. Forslund stated where Animal Control actually stands, if that is BSL (breed specific legislation) in general, is a bad idea, and they communicated that to City Council members.


Mayor Smith said the City has adopted an Ordinance and that is the Ordinance, unless Animal Control says that breed should be excluded, he is not wavering on this.


Ms. Forslund said she has a concern that maybe Mayor Smith’s personal fear of dogs had something to do with the way that he voted, as opposed to doing what’s best for the City, and the citizens.


Mayor Smith said there are 27,000 people in this City and 26,000 people are perfectly content with what City Council is doing, and the other 1,000 people have been heard from about five times.  Mayor Smith said he is rock solid as to where he stands on this issue, and he understands that there is as much argument for as against, and the City did everything it was asked to do for existing Pit Bull owners, and that is why they were given an opportunity to….


Ms. Forslund interrupted Mayor Smith and said her dog is not a Pit Bull.


Mayor Smith said his vote stands and he is not changing it, and it has nothing to do with his personal preference; it has to do with what he feels this community has asked for and the greater good, and those are the people he represents.  Mayor Smith said he is sorry Ms. Forslund’s breed of dog is included in the dangerous animal legislation.  Mayor Smith said he apologized for that; that is the professional opinion and recommendation that was given from Animal Control, Public Safety, and the City’s legal counsel, and that is what he has to follow.


Ms. Forslund said that is where she is confused, because that is not what was communicated to her, so she will be looking forward to that information.


John Garner, 111 Heatherton Court, stated since the curbs and sidewalks have been done, when do the gaps between them get filled, and whose responsibility is that?


Mayor Smith asked which streets Mr. Garner was referencing.


Mr. Garner said every place that it has been done on North Oak Trafficway.


Public Works Director Chuck Williams stated some curb and gutter work has recently been completed around several locations within the community, and there is in some places an average of about a two-inch gap between the exiting asphalt and the new curb.  In places where there are driveways, they have been filled in with some temporary asphalt.  There is a pre-construction meeting later this week with the contractor on the North Oak Mill and Overlay Project.  The contractor is anxious to get started.  Staff is waiting on the signatures on the contract from the second phase of the project, and as soon as Staff has those, a pre- construction meeting will be scheduled, and they will start, so they will be doing it.  Director Williams said if Mr. Garner has a particular location where he thinks there is a hazard created by a narrow gap, he would certainly address it in a temporary manner.


Mayor Smith said there is some economy in doing that work all at once throughout the City, and asked Director Williams if that was correct.


Director Williams stated that was correct.  Staff likes to do the curb and gutter work with a separate contract from the asphalt work, because it is concrete versus asphalt, and generally the same contractor does not do both. 


Councilman Rudi pointed out that Mr. Garner shook his head, “no”, in regard to there being a specific location that was dangerous.


Mr. Garner said he was just curious when it was going to be done, as the work has been done for six to eight weeks now.


Councilman Rudi said around her house there is the same thing.  It is a process, step 1, step 2, etc.


Mayor Smith said first the curb and gutter work is done, and the mill and overlay is done after that.  The contractor comes to town once, and there are not the mobilization fees and so forth, and the City gets more work done for the same cost.


Item 9. on the Agenda.             COMMUNICATIONS FROM THE CITY COUNCIL.


Councilman Wayne Beer stated the process for appointing a City Council person to complete the term of Councilman Cross was discussed during the Open Study Session prior to the City Council meeting.


Councilman Wayne Beer moved to approve the process as follows:  The City Council is seeking residents who are interested in serving on the City Council to fill the vacancy left at the passing of Councilman Bill Cross.  Under State of Missouri Revised Statutes, the City Council appoints a Gladstone resident, who meets the qualifications of Councilman to serve in the position of Councilman through April 2008.  The qualifications of a City Councilman are 21 years of age, a United States citizen, and an inhabitant of the City of Gladstone for one year prior to the appointment or election.  The successful candidate will be eligible to run for election for the remaining one-year portion of the unexpired term in April 2008.  The Council is encouraging interested, qualified individuals to submit their resume indicating their reasons for wanting to serve, experience in the municipal government process, civic involvement, and any other related experience.  Resumes will be accepted until 5:00 PM on July 16, 2007.  The City Council will conduct interviews to fill the position shortly after the closing date for resume submission.  Please submit the resumes to City Clerk Cathy Swenson and copied to Mayor Les Smith at 7010 North Holmes, Gladstone, Missouri  64118.  Mayor Pro Tem Mark Revenaugh seconded. 


Mayor Les Smith stated that State Statutes do not specify a plan or a process for the appointment of a replacement for Councilman Cross.  Hopefully by the first of August or shortly thereafter, Council will appoint someone to fill the remaining portion of Councilman Cross’s term up to the next regularly scheduled election, which is next April.  At that point in time, there will be an election held to fill the final one-year of the 3-year term, and at that point the seat would then go to the regular 3-year cycle.  Mayor Smith said this will be a very transparent process, and Council will do everything they can to encourage people who might be interested and meet the qualifications to submit their resumes to the City Council.  Mayor Smith said it is important that people know a bit about the process of municipal government, so they can catch up to speed and “hit the ground running”; whether that be experience from an elected position, an appointed position, or simply a volunteer position, City Council encourages anyone and everyone who is interested in serving to please have their resumes and letters of interest submitted to the City Clerk prior to the 16th of July at 5:00 PM.


The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith.  (4-0).  


Mayor Smith asked City Manager Davis to be certain that press releases are sent out first thing in the morning so local papers can carry this as well.


City Manager Davis said he would see that was done.


Councilman Carol Rudi stated in regard to all the street work, she drives quite a number of miles over Gladstone streets, and some of them are in need of great help, and the road blocks have gone up, and she has been traveling new streets, because the road blocks are up as work is being done on the streets.  Councilman Rudi expressed her thanks for the work being done.  Councilman Rudi asked Public Works Director Chuck Williams if the brush disposal has begun at the Public Works facility.


Public Works Director Williams replied the brush disposal has begun at the Public Works facility.  The drop-off facility is open for residents on Monday, Wednesday, and Friday, from 9:00 AM to 4:00 PM.  There has been on an average six or more people each day bringing brush and dropping it off, and it has received very positive feed-back so far.  It started about two weeks ago.


Councilman Rudi stated, for the audience, that this is a fee based drop-off, and if residents have brush, limbs, yard waste or that kind of thing, it will be accepted as Director Williams outlined.


Public Works Director Williams said that is correct; it is $1.00 per paper bag for yard waste and brush that can fit in the paper bag; a level pick-up bed load is $10.00, and if it is piled up it is $15.00 or $20.00.  Staff does use some judgment if someone brings in a lot of heavy wood product, where they have cut down a tree; that is an additional fee, because it generates a larger volume.


Councilman Rudi congratulated everyone who participated in the Future Leaders Academy.  It is a wonderful program.  Councilman Rudi said the Public Safety Academy was great, and she learned a lot, and she cannot imagine how much information the graduates of the Future Leaders Academy were given, because there is so much.  Councilman Rudi thanked City Staff; she has heard the graduates say they are very impressed with City staff, and they seem happy in their jobs.  Councilman Rudi said if they are not happy, they are doing a great job pretending and we are very glad, because the City is really blessed to have the Staff that we have, as they do really care and they really work hard. 


Mayor Pro Tem Mark Revenaugh said he did not believe he could add anything more to what Councilman Rudi just said.  Mayor Pro Tem Revenaugh offered congratulations to the Future Leaders Academy graduates and said, “great job”. 


Item 10. on the Agenda.           COMMUNICATIONS FROM THE CITY MANAGER.


City Manager Kirk Davis reminded everyone that on June 30th, from 8:00 AM to 12:00 Noon, there is a battery, oil, antifreeze and paint recycling effort going on at Public Works, and invited everyone to participate.  City Manager Davis invited everyone to attend the July 4th celebration at Oak Grove Park.  Fireworks will start at about 9:45 or 9:50 PM.  The North Star Community Band will perform, and there will be Council comments around 8:15 PM that evening.


Item 11. on the Agenda.               PUBLIC HEARING:  for consideration of a Special Use Permit subject to certain conditions to Selective Site Consultants for operation of a Communications Tower Facility on property located at 1500 Northeast Englewood Road.  Applicant:  Selective Site Consultants, Incorporated.  Owner:  F.R.A.H., Inc. (Knights of Columbus).  File No. 1291





         Note:  Following is a transcript of the Public Hearing, prepared by Midwest Litigation Services.

          Please follow this link to view the transcript of the Public Hearing.




Item 12. on the Agenda.           FIRST READING BILL 07-17, establishing an Automated Traffic Signal Enforcement System in the City of Gladstone, Missouri, prohibiting the violation of traffic signals as detected by the automated system, and setting forth the penalties for violations.


Mayor Pro Tem Mark Revenaugh moved to place Bill 07-17 on First Reading.  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith.  (4-0).  The Clerk read the Bill.


Mayor Pro Tem Mark Revenaugh moved to accept the First Reading of Bill 07-17, Waive the Rule and place the Bill on Second and Final Reading.  Councilman Carol Rudi seconded.  The vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith.  (4-0).  The Clerk read the Bill.


Mayor Pro Tem Mark Revenaugh moved to accept the Second and Final Reading of Bill 07-17 and enact the Bill as Ordinance 4.035.  Councilman Carol Rudi seconded. 


Roll Call Vote:  All “aye” – Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith.  (4-0).


Item 13. on the Agenda.           OTHER BUSINESS.


There was no other business.


Item 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 June 25, 2007, Gladstone Regular City Council Meeting, Mayor Les Smith adjourned the regular meeting.


Respectfully submitted:



Cathy Swenson, City Clerk

                                                                                       Approved as submitted:  ___


                                                                                Approved as corrected/amended: ___




                                                                                                 Mayor Les Smith