MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

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

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson

 

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 Antioch Middle School; and Maitland Melhauff, from Troop 354 and a student at Antioch Middle School.

 

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 Gladstone, Missouri.

 

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 Clerk’s 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 Council’s prior action in purchasing four acres of land adjacent to Happy Rock West Park.  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-07-78, 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 Center–Natatorium, 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. Williams’s 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 what’s 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 home’s 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 earth’s 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 earth’s 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 Clerk’s 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 1970’s, 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