MINUTES
CITY COUNCIL MEETING
MONDAY, OCTOBER 22, 2007
REGULAR CITY COUNCIL MEETING
7:30 PM
PRESENT: Mayor
Les Smith
Mayor Pro Tem Mark Revenaugh
Councilman Carol Rudi
Councilman Wayne Beer
Councilmember Carol Suter
City Manager Kirk Davis
City Counselor David Ramsay
Mayor Les Smith opened the Regular October 22, 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 Council members were
present.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Les Smith led the Pledge of Allegiance, in
which all joined.
Item 4. on the Agenda. APPROVAL OF THE REGULAR SEPTEMBER 24, 2007, CITY COUNCIL
MEETING MINUTES.
Mayor Pro Tem Mark Revenaugh moved to approve the Regular September 24, 2007, City Council Meeting Minutes as presented. Councilmember Carol Suter seconded. The vote: Aye Councilmember Carol Suter, Councilman Wayne Beer, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. Abstain Councilman Carol Rudi. (4-0-1).
Mayor Smith invited two Boy Scouts who were present
in the audience to step forward and introduce themselves as follows: Mackenzie Melhauff, from Troop 354 and a
student at
Mayor Smith asked the Scouts what their favorite
activity is in Scouting. Mackenzie
Melhauff replied he enjoyed working on merit badges and Maitland Melhauff
replied he enjoyed all the activities.
Mayor Smith thanked the Scouts for attending the
City Council meeting and invited them back any time.
Item 5. on the Agenda. PROCLAMATION designating October 2007 as Northland AARP Chapter #2970 Month in
Mayor Smith invited members of the Northland AARP Chapter #2970 to step forward as follows: Winnie Estep, President; Lillian Haverland, Vice President; and Violet Elder, Secretary. Mayor Smith then read and presented the Proclamation to the three members of Chapter #2970. Ms. Estep thanked Mayor Smith on behalf of the members present and their entire Chapter.
Mayor Smith said he had the honor of attending the
AARP luncheon the other day, and as a bachelor, he can say it was the best meal
he has had in years. Mayor Smith said he
can only hope to run a meeting as well as the AARP meeting was run. It was very professional and Ms. Estep did a
very nice job.
Ms. Estep thanked Mayor Smith.
Mayor Smith said he has known Ms. Haverland since he
was a little boy.
Ms. Haverland said Gladstone Bowl still has the best
tacos!
Item 6. on
the Agenda CONSENT AGENDA
Following the Clerks reading, Councilman Wayne Beer moved to accept the Consent Agenda as presented. Councilman Carol Rudi seconded. The vote: All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0).
Councilman Wayne Beer moved to adopt RESOLUTION R-07-72, authorizing Change Order No. 1 in the amount of $226,554.00 to the contract with Smi-Co Construction, Incorporated for the 2006-2007 Water Main Replacements Project WP0692. Councilman Carol Rudi seconded. The vote: All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0).
Councilman Wayne Beer moved to adopt RESOLUTION R-07-73, authorizing execution of a contract with Transystems Corporation, in the total amount not to exceed $250,900 for the Parkway Alignment and Village Center Drainage Study; Project TP0818. Councilman Carol Rudi seconded. The vote: All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0).
Councilman Wayne Beer moved to adopt RESOLUTION R-07-74, accepting Temporary Construction Easements and Permanent Easements from certain property owners in conjunction with the 2200 Block of NE 67th Street Storm Sewer Improvement Project 035012. Councilman Carol Rudi seconded. The vote: All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0).
Councilman Wayne Beer moved to adopt RESOLUTION R-07-75, authorizing execution of a contract with Siemens Water Technologies Corporation, in the total amount not to exceed $33,481.00 for the Bearings Replacement on the Secondary Basins at the Water Treatment Plant, Project WP0792. Councilman Carol Rudi seconded. The vote: All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0).
Councilman Wayne Beer moved to adopt RESOLUTION R-07-76, authorizing acceptance of work under contract with Musselman & Hall Contractors, LLC, for the 2007 Intermediate Maintenance Program; and authorizing final payment in the amount of $9,583.91 for Project TP0703. Councilman Carol Rudi seconded. The vote: All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0).
Councilman Wayne Beer moved to adopt RESOLUTION
R-07-77, disclosing and ratifying the City Councils prior action in
purchasing four acres of land adjacent to
Councilman Wayne Beer moved to adopt RESOLUTION R-07-78, authorizing execution of a contract with various vendors, in the not to exceed totals listed respectively for each firm, in the total amount not to exceed $86,206.95, for the Furniture for the Gladstone Community CenterNatatorium, Project CB0663. Councilman Carol Rudi seconded. The vote: All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0).
Councilman Wayne Beer moved to approve a SEVEN DAY PACKAGE LIQUOR LICENSE for Wal-Mart #1120 at 7207 North M-1 Highway. Managing Officer: Lorene Samson. Councilman Carol Rudi seconded. The vote: All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0).
Item 7. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Anita Newsom, 7401 North Wabash, began by saying she was
present as Vice President of Special Events for the Gladstone Area Chamber of
Commerce, and would like to thank each Councilmember for their participation in
Gladfest this year. Several
Councilmembers took on leadership roles, as did some members of the Leadership
Team, which is truly appreciated. Ms.
Newsom said she knew this year presented some interesting challenges. Mr. Williamss department was out at the last
minute seeing that sod was down and staked, and that streets were paved, and
the lights were wired. Contract Manager
Lou Oesterle had a large portion to do with that work. The support from the Public Safety Department
was amazing. They helped in getting
vendors checked in and with whatever needed to be done, including on parade
day. If anyone should see whats going
on behind the church on parade day during staging, it can be pretty
chaotic. Public Safety was a huge
help. Ms. Newsom extended a special
thanks to Sergeant Richard King, the City liaison with the Chamber for
Gladfest. His help in getting things
organized was, like Ms. Mehaffy last year, outstanding. Sergeant King helped smooth a lot of bumps
and he was phenomenal.
Ms. Newsom said she did some preliminary
calculations on what it takes to put on the Gladfest. For just the parade volunteers, the
information booth volunteers, and the beer and drink stations, there were 394
hours of volunteer labor. This does not
include the 30+ co-chairs of different events and the planning and so forth
that took place there, which takes a tremendous amount of work to put on the
festival. It was a great community
event. Ms. Newsom jokingly said that
great care will be taken in choosing a theme next year, so folks will not again
be making a splash on Sunday afternoon at 3:00 PM. The Gladfest Committee met and did a recap,
and the theme decided upon for next year is Gladfest 29 a Step Back in
Time. Ms. Newsom concluded by thanking
the City Council, the Leadership Team, and all the departments in the City for
their support, and everything they did to ensure another successful Gladfest this
year.
Mayor Smith stated he wished to express appreciation
on behalf of the City to Ms. Newsom and Larry Janacaro the Gladfest Co-Chairs,
and asked that the wishes for a successful festival next year and
congratulations for this year be taken back to the entire Chamber.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilmember Carol Suter stated on two separate
occasions in the last week she had conversations with leaders in the community
of Kansas City and the metro area. On
both occasions when it came up in conversations that she was a Gladstone
Councilmember, the comments were that Gladstone is such a creative
community. Councilmember Suter said she
was really impressed that two different groups of people used the word
creative, and that they particularly thought that City government in
Gladstone is creative.
Councilman Wayne Beer had no comments at this
time.
Councilman Carol Rudi stated for the audience that
the reason she abstained from voting on acceptance of the September 24, 2007,
Regular City Council Minutes, is because she was not at that meeting, as she
was in St. Louis, along with Assistant City Manager Scott Wingerson, where they
were serving on a panel for First Suburbs Coalition. There is a group in St. Louis who would like
to know how it was that this came about in Kansas City, and what they need to
do to get started. Councilman Rudi said
serving on the panel was very interesting, and since she was not at the Council
meeting, she abstained from the vote.
Councilman Rudi stated there is an Award for Valor
luncheon in November. Sergeant Robert
Baer and Officer Ken Buck have been selected to receive an award at that
luncheon for commendable actions. Also
nominated were Jeffrey Bolin and Rich Lockhart.
Councilman Rudi congratulated all the officers nominated.
Councilman Rudi said she had available a magazine
article and reported that Mayor Smith, Councilman Beer, City Manager Kirk Davis
and Assistant City Manager Scott Wingerson attended the ICMA award ceremony to
receive the Program Excellence Award for Strategic Leadership and
Governance. Councilman Rudi said this is
a great international award and we are all very proud and she thanked everyone
who went to receive the award.
Councilman Rudi asked if Staff would step up the
notification to the Council as to when different committees meet. Although each City Council member is not a
liaison to every Board and Commission, it would help Council members to know
that a meeting is coming up, so if the liaison cannot attend, they can call
another Council member to fill in for them.
Councilman Rudi said she would appreciate that notification. Councilman Rudi asked if any meeting dates
have been set for the Neighborhood Commission.
Assistant City Manager Scott Wingerson replied that
it is hopeful that at the next City Council meeting a slate of members will be
presented to the Council by the Mayor to establish the individuals to serve on
the Neighborhood Commission. The idea is
to have a meeting in late November, but it may be the first Monday in December.
Councilman Rudi congratulated the Chamber on a great
Gladfest, and said she had a great time in spite of the rain. Councilman Rudi thanked the Chamber for their
good work.
Mayor Pro Tem Mark Revenaugh stated he would like to
pass on some remarks from friends who had never visited Gladstone before and
who live deep in Johnson County Leawood, and Overland Park. They were really pleasantly surprised in our
mature trees, the well-paved roadways that they traveled upon, and a couple of
them that went to Gladfest thought it was a really neat community event. Mayor Pro Tem Revenaugh said they thought
that Gladstone would be a really good place to live, and they had no idea a
community of our quality existed north of the river - once they got used to the
fact that we also wear shoes! Mayor Pro
Tem Revenaugh said these remarks in conjunction with what Councilmember Suter
said, gives one the overall impression that something good is going on in
Gladstone, and he believes the rest of the metropolitan area is taking notice.
Mayor Les Smith said he believes a lot of the positive
reaction to our City stems from our involvement in regional issues. There is a real awareness of Gladstone. There was one of the First Suburbs meetings
up here and there were a lot of folks from around the metro area here, and more
folks are coming to town now.
Mayor Smith said jokingly to Mayor Pro Tem Revenaugh
that Friday could be the day that he has been waiting for. Friday Fright Night is an event the City puts
on at the Gladstone Amphitheatre every year, and the local magician performing
has asked Mayor Smith to be a part of his performance, and will attempt to make
him disappear. Mayor Smith invited Mayor
Pro Tem Revenaugh to stop by and see this in person at 6:30 PM on Friday.
Mayor Pro Tem Revenaugh jokingly asked if the
magician will make Mayor Smith reappear?
Item 9. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Kirk Davis reported that tomorrow
night in the Council Chambers there will be a public meeting to discuss trails,
which was reported in the newspaper today.
The meeting is being held to primarily discuss the
trails around Happy Rock Park and along
M-1 Highway, for which we received a substantial
grant, well over one half million dollars, to construct. The meeting will be held from 5:00 PM to 7:00
PM, tomorrow night at City Hall.
City Manager Davis reported that the brush drop-off
event will be November 2-4 at the Public Works site, at 76th and
Antioch Road. City Manager Davis said to
City Council members that he truly enjoyed the trip to Pittsburgh,
Pennsylvania, where the City did receive the ICMA award. City Manager Davis said Mayor Smith,
Councilman Beer, Assistant City Manager Wingerson, and he were asked to go up
on the stage on Sunday. The place was
packed with approximately 4,000 people in attendance. To be one of the few cities to be recognized
with the award was very nice, and several people from across the country during
the course of the conference came up and said congratulations and remarked on
what good things are going on in our City.
City Manager Davis said there is a nice publication in PM Magazine
this month, and thanked Sergeant Richard King for the application, and thanked
the City Council and everyone on Gladstone on the Move, who was involved in the
project for which the award was given.
Mayor Smith offered kudos to City Manager Davis and
Assistant City Manager Wingerson.
Item 10. on the Agenda. RESOLUTION R-07-79, in support of the Mayors
Climate Protection Agreement and the Cities for Climate Protection Campaign.
Councilman Wayne Beer moved
to adopt RESOLUTION R-07-79, in
support of the Mayors Climate Protection Agreement and the Cities for Climate
Protection Campaign. Councilman
Carol Rudi seconded.
Councilman Beer said his comments to follow may be a
bit of surprise to a lot of folks, and he would like to preface his remarks by
saying he is a person who is very much a proponent of the Green Initiative, and
is very much a proponent of conservation initiatives. There cannot be a negative to sustainability,
to conservation and to being green.
Councilman Beer said to use himself as an example, when he built his
home, he built it with additional insulation in the walls and attic; he
purchased 95 percent efficient heating and cooling systems; he used a
significant amount of CFLs (Compact Fluorescent Lights) and other fluorescent
lights. Councilman Beer said he does use
a set-back thermostat, and his homes daytime temperature in the winter is kept
at 70 degrees, although it is recommended 68 degrees, with a set-back of 64
degrees. Cooling in the summer is 78
degrees as is recommended, 80 degrees at night.
Councilman Beer said he uses low water needs landscaping and
additionally, he tried to get the City to use geothermal heating and cooling in
the Community Center, but that did not work out after all. Councilman Beer said he mentions these things
because what he is about to say is going to sound a little bit in contravention
to what he has just said. Councilman
Beer read his prepared remarks as follows:
I am generally very much a proponent of conservation
and prudent use of the earths finite energy sources and other resources. I think it is clear that the earth is not
infinite and does not contain an infinite supply of most of its physical
resources that we use for our human activities.
I believe it is clear that we should also be seeking alternative
resources to sustain human activity as current resources are reduced in supply.
I am also generally in agreement with the conclusion
that the earth appears to be undergoing a general warming trend. However, I digress from the premise that this
warming phenomena is primarily caused by the actions of humans. While there is a large body of science that
believes in the human impact on climate, there likewise is a large scientific
body that believes that human activities are not nearly as significant and that
the current warming trend is only part of a naturally occurring cooling and
warming cycle.
Because it seems to me that the science is not
conclusive and because this Resolution before us is based upon the premise that human activity
is the predominant cause of the apparent current earths warming trend, I find
that I cannot be supportive of this Resolution.
Councilman Beer stated this concludes his remarks.
Councilman Rudi stated she is supportive of this
action, and furthermore, there is a conference that goes along with this
signing, and she would appreciate it if at least the members of the Environmental
Management Advisory Committee and Parks and Recreation Advisory Board would
receive information about this conference so if they are interested, they could
attend.
The vote: All aye Councilmember Carol Suter, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. Nay Councilman Wayne Beer. (4-1).
Mayor Smith stated the Resolution passes on a 4-1
vote, authorizing the Mayor to sign the Climate Protection Agreement, which
will be done on November 2, at a conference to be held at Rockhurst University,
and hopefully it will be the largest single day signing of this agreement in
North America.
Item 11. on
the Agenda. FIRST READING BILL 07-31, amending Ordinance Number 1.804 relating to the
failure to appear in Gladstone Municipal Court, and penalties for such
violations.
Councilman Wayne Beer moved to place Bill 07-31 on First
Reading. Councilman Carol Rudi
seconded. The vote: All aye Councilmember Carol Suter,
Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and
Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the First
Reading of Bill 07-31, Waive the Rule and place the Bill on Second and Final
Reading. Councilman Carol Rudi
seconded. The vote: All aye Councilmember Carol Suter,
Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and
Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Wayne Beer moved to accept the Second and
Final Reading of Bill 07-31 and enact the Bill as Ordinance 4.049. Councilman Carol Rudi seconded.
Roll Call Vote:
All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman
Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0).
Item 12. on the Agenda. FIRST READING BILL 07-32, repealing Ordinance
Number 1.114 governing the distribution of Campaign Literature.
Councilman Carol Rudi moved to place Bill 07-32 on First
Reading. Mayor Pro Tem Mark Revenaugh
seconded. The vote: All aye Councilmember Carol Suter,
Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and
Mayor Les Smith. (5-0). The Clerk read the Bill.
Councilman Carol Rudi moved to accept the First
Reading of Bill 07-32, Waive the Rule and place the Bill on Second and Final
Reading. Mayor Pro Tem Mark Revenaugh
seconded.
Mayor Smith asked City Counselor David Ramsay to
explain this Bill for the benefit of the audience.
Counselor Ramsay said the Ordinance 1.114 dates to
1962, which predates much of the state and federal activity and attention to
the content and primarily the source of campaign literature. The Bill originally required any campaign
literature copies to be filed with the City Clerks office. Counselor Ramsay said he was not around in
1962, but he would imagine that was for purposes of determining who was
publishing the information and to also possibly determine whether it was
libelous or untrue. The First Amendment
to the United States Constitution does not allow us to pre-censure materials
like that. In the 1970s, both the state
and federal governments enacted campaign reforms that required not pre-filing
or preview of literature, but identification on campaign or political
literature of the source organization and who paid for it. This is a way of identifying to the voters
what the source is and possibly, what the motivation or political position
might be as a background for the literature.
Those state and federal enactments preempt local regulation in this
area. This is an Ordinance that really
resurfaced as the City Clerk was putting together some of the election
literature this year. In order to clean
up our Municipal Code and be in compliance with state and federal enactments,
and in compliance with the United States Constitution, we are recommending that
this be enacted.
The vote: All
aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol
Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0).
The Clerk read the Bill.
Councilman Carol Rudi moved to accept the Second and
Final Reading of Bill 07-32 and enact the Bill as Ordinance 4.050. Mayor Pro Tem Mark Revenaugh seconded.
Roll Call Vote:
All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman
Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0).
Item 13. on the Agenda. FIRST READING BILL 07-33, amending Schedule V of the Model Traffic
Code (Gladstone Municipal Code Section 4.100.020), to establish a No Parking
zone for eastbound traffic on Northeast 62nd Street from the intersection of
North Virginia west 210 feet and east 55 feet.
Mayor Pro Tem Mark Revenaugh moved to place Bill 07-33 on
First Reading. Councilman Carol Rudi
seconded. The vote: All aye Councilmember Carol Suter,
Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and
Mayor Les Smith. (5-0). The Clerk read the Bill.
Mayor Pro Tem Mark Revenaugh moved to accept the
First Reading of Bill 07-33, Waive the Rule and place the Bill on Second and
Final Reading. Councilman Carol Rudi
seconded. The vote: All aye Councilmember Carol Suter,
Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and
Mayor Les Smith. (5-0). The Clerk read the Bill.
Mayor Pro Tem Mark Revenaugh moved to accept the Second
and Final Reading of Bill 07-33 and enact the Bill as Ordinance 4.051. Councilman8 Carol Rudi seconded.
Roll Call Vote:
All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman
Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0).
Item 14. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 15. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 16. on the Agenda. ADJOURNMENT.
There being no further business to come before the
October 22, 2007, Gladstone Regular City Council Meeting, Mayor Les Smith
adjourned the regular meeting.
Councilman Wayne Beer made a motion to adjourn to Closed Executive
Session pursuant to Missouri
Open Meeting Act Exemption 610.021(1) for Litigation and Confidential or
Privileged Communications with Legal Counsel, and 610.021(2) for Real Estate
Acquisition Discussion, and 610.21(3) for Personnel Discussion. Councilman Carol Rudi seconded.
Roll Call Vote:
All aye Councilmember Carol Suter, Councilman Wayne Beer, Councilman
Carol Rudi, Mayor Pro Tem Mark Revenaugh, Mayor Les Smith. (5-0).
Respectfully
submitted:
______________________________
Cathy
Swenson, City Clerk
Approved
as submitted: ___
Approved
as corrected/amended: ___
______________________________
Mayor Les Smith