MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

MONDAY, JUNE 9, 2008


REGULAR CITY COUNCIL MEETING

7:30 PM


PRESENT: Mayor Mark Revenaugh

Mayor Pro Tem Carol Rudi

Councilman Les Smith

Councilman Wayne Beer

Councilmember Carol Suter

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson




Mayor Mark Revenaugh opened the Regular June 9, 2008, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.


Item 2. on the Agenda. ROLL CALL


Mayor Mark Revenaugh noted that all Council members were present.


Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.


Mayor Mark Revenaugh led the Pledge of Allegiance, in which all joined.


Item 4. on the Agenda. APPROVAL OF THE MAY 27, 2008, CITY COUNCIL MEETING MINUTES.


Councilmember Carol Suter moved to approve the Regular May 27, 2008, City Council Meeting Minutes as presented. Councilman Wayne Beer seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)


Mayor Revenaugh stated to the audience that they might soon be hearing or reading about a trip that the City Council, Senior Staff, and approximately 20+ citizens took for the All-America City presentation. Our City was one of 16 finalists of all the cities who applied for the All-America City Award from throughout the country. Out of the 16 finalists, each city gave a 10-minute presentation before a panel of 10 to 12 judges, and then 10 minutes for a question and answer session that revolved around a rather lengthy application process that was spearheaded by Sergeant Richard King. Last Thursday our City was the first group to present after the lunch break. Our group was outside a large room, where all the city representatives were gathered in their groups and ready to give their presentations. As we began to march into the room, we got about halfway up the ramp to the stage, and former City Clerk Marilyn Ahnefeld tripped on the ramp and fell and broke her arm, which had the effect of stopping our performance early. After the doctor, paramedics and ambulance came to take Marilyn to the hospital, we were already 30 minutes late in the presentation, and we had the option of starting over again or wait until 4:00 PM to give our presentation. Unfortunately, Assistant City Manager Scott Wingerson and at least one other volunteer had to be on a plane around 4:00 PM that day, so there wasn’t a lot of choice but to go ahead and give the presentation.


Mayor Revenaugh said that most everyone felt at the end of the presentation that it was our best one out of so many rehearsals. The last week we were here in town there were two rehearsals, three hours per night, two nights in a row, and there was at least four weeks of rehearsals. The City and all the volunteers gave a lot of their time and effort towards the All-America City Award presentation. Mayor Revenaugh said he gives a lot of credit to the volunteers who gave so much of their time towards this effort. We did not find out until Friday evening at the awards presentation that Gladstone was in fact not only awarded the All-America City Award, but we understand we were the unanimous first ballot, so there was not any consideration amongst the judges as to whether or not we would be in the running. We were there. Mayor Revenaugh displayed the framed certificate, saying it shows that Gladstone is in fact an All-America City, and they will be sending an engraved plaque in the near future. Mayor Revenaugh stated that in our acceptance speech we made sure we thanked all of the residents who were supporting the team that was there in Tampa for the presentation, and we do appreciate the support that the residents provided the City that allowed us the opportunity to compete for this award.


Mayor Revenaugh stated that he and City Council members had a Proclamation to present to the people who spearheaded the All-America City Award project. Mayor Revenaugh invited Richard King, Jean Moore, and Melinda Mehaffy to join him in front of the Council dais where he read and presented to them a Proclamation from the City Council thanking them for all their hard work and outstanding efforts in ensuring the City’s success in receiving the All-America City Award.


Following applause from the audience, Ms. Moore thanked Mayor Revenaugh and City Council members and said she was so honored for the City to entrust her with the responsibility of being a Co-Chair of this event. Ms. Moore said it was an unbelievable experience, and she wouldn’t take anything for the experience. One of the greatest joys was getting to know and work with Richard (King), day to day to day, and with Melinda (Mehaffy), Scott (Wingerson), Kirk (Davis), Sheila (Lillis), and Cathy (Swenson) and everyone. The staff of this City is amazing, and everyone should know that over and over again. The citizens of this City are truly amazing. To see the dedication and the spirit and the energy that these people put forth for many, many weeks to make this happen was just amazing. The story that we had to tell was not just a story for Tampa, but it is a story for every day for this City, and this City shows every day that it is an All-America City. Ms. Moore said she knows that we will continue to do that every day.


Ms. Mehaffy said we had wonderful volunteers in our community who they were very fortunate to work with on this project – very much so Richard and Jeanie as our Co-Chairs, but the volunteers who went with us stuck it out and worked very hard to make it successful. One of the comments from the judges was “most well-written application and best performance”. There is a lot to be said for the volunteers who worked very, very hard.


Mr. King stated to the very last person, they worked very hard and were dedicated to the cause and dedicated to the City. Mr. King thanked City Manager Davis for his support, and to the Mayor and City Council for their support. Mr. King said, most importantly, his thanks go to the people of Gladstone.


Item 5. on the Agenda. PROCLAMATION: of appreciation to the cities, public entities, and volunteers who provided invaluable assistance to the City of Gladstone in the aftermath of the tornadoes of May 2, 2008.


Mayor Revenaugh read the Proclamation and presented it to City Manager Kirk Davis, who thanked the Mayor and City Council members.


Item 6. on the Agenda. CONSENT AGENDA.


Following the Clerk’s reading, Councilman Wayne Beer moved to accept the Consent Agenda as presented. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)


Councilman Wayne Beer moved to adopt RESOLUTION R-08-31, authorizing execution of a contract with Ideker, Inc., in the total amount not to exceed $908,843.08, which includes Bid Alternate Number Two, for the 2008 Mill and Overlay Program, Project TP0901. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)


Councilman Wayne Beer moved to adopt RESOLUTION R-08-32, accepting temporary Construction and Permanent Easements from certain property owners in conjunction with the NE 69th Terrace, East of Euclid Storm Sewer Improvements Project (CP0827). Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)


Councilman Wayne Beer moved to approve a LIMITED ONE-DAY LIQUOR BY THE DRINK LICENSE to St. Charles Borromeo Church, 804 Shady Lane Drive, for the Annual Auction on October 18, 2008. Hours: 6:00 PM - 12:00 Midnight. Managing Officer: Lori Creek. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)


Councilman Wayne Beer moved to approve a LIQUOR LICENSE RENEWAL for Bubbles Wine and Spirits, 7407 N. Oak Trafficway, 7 day Package Liquor License. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh. (5-0)


REGULAR AGENDA


Item 7. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.


Kirk Forslund, 3515 NE 61 Terrace, stated he is a non-smoker, but he is opposed to a smoking ban. Mr. Forslund says he knows there has been some discussion about this and he believes it will be up for further discussion, so he wants to let everyone know that there are non-smokers opposed to a smoking ban. Mr. Forslund said he believes the business owners kind of get forgotten in the whole discussion on this issue, and he believes if the business owners are left to decide, then ultimately the market will decide whether or not customers want smoking or non-smoking. There are restaurants and bars that he does not go to, because of the smoke, and he goes somewhere else, which is his choice. Mr. Forslund said there was a comment at the last meeting from a citizen who wanted to go so far as to ban smoking outside, and he does not feel that is necessary either. One of the concerns was that there are cigarette butts outside the Community Center. If that is the case, that is a littering issue not a second hand smoke issue, and there are already laws against that. Mr. Forslund said he feels we do not need another unnecessary Ordinance.


John Garner, 111 Heatherton Court, began by saying he is the President of the Stormy Acres Neighborhood Association. Mr. Garner presented to City Council, City Manager Davis, and Assistant City Manager Wingerson copies of information he had brought to the meeting. Mr. Garner said they are trying to get a few projects done in his area and the major project was first discussed 125 days ago with a City Department Head, and since being promised to be fixed, it has been 70 days with no action being taken. Mr. Garner stated there were pictures of the project included in the information he distributed. The other two things that are mentioned in his letter have been discussed since last September, and he was assured by e-mails, copies of which were in his packet, that these would be taken care of, and so far, no action has been taken on any one of the three areas that are mentioned in his letter.


Mr. Garner asked that someone get back to him at their convenience on these issues. Yesterday, he and Mayor Pro Tem Carol Rudi toured a couple of the areas. They could not find one area, but he was assured today by the residents behind the area, that it had not been addressed. Mr. Garner suggested that if anyone had any questions, they were welcome to call him.


Mayor Revenaugh said he had not had the opportunity to read the information Mr. Garner provided, and asked that City Manager Davis follow up on the matter and get back to City Council members.


Pete Hall, 5621 North Clinton Place, began by saying he is once again present to ask Council for a motion to reconsider the May 12, 2008, second reading of the Bill for a Site Plan revision for Lot 1, Tower Plaza. Mr. Hall said he is very pleased to announce that there is substantially new information, very positive information about the aesthetic changes and screening and exterior finish of the roofline of this project. Mr. Hall said he would love to discuss this, and said if they were granted a reconsideration, he would be happy to wait until the Other Business item on the agenda, so as to not delay any of the regular agenda items. Mr. Hall said he could address most everything that has been asked thus far.


Mayor Revenaugh asked City Counselor Ramsay, if there were to be a reconsideration, when would be the appropriate time for someone to make that motion – now or under Other Business?


Counselor Ramsay replied a motion under Other Business would be appropriate.


Councilmember Carol Suter stated for clarification for the audience that the only Council member who can move for reconsideration are those who were in the prevailing side on the issue.


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


Councilman Wayne Beer had no comments at this time.


Councilman Les Smith offered condolences to Counselor Ramsay who recently lost his mother, and to Marilyn Ahnefeld, who lost her Father-in-Law, and also to the family of former City Counselor John Dods. Councilman Smith said many of us have known Mr. Dods for many years, and Mr. Dods first tried to set him straight as a 20 something year old Council person and probably shared with him the greatest words of wisdom he has ever heard when he said “what you learn after you know it all is what counts, young man”. Councilman Smith said he has tried to live with those words to the best of his ability. We are going to miss John Dods. He was a great servant to this community, and served his profession well.


Councilman Smith said Jeanie Moore and Richard King and others were present at this meeting who assisted with the All-America City Award initiative, and he thanked them for all of their hard work on behalf of the citizens. We did do good! Councilman Smith said what was so exciting to him was that if you think back to the Gladstone on the Move process, the passion for a community center that came out of that group, and then we moved on to trying to negotiate a partnership with the School District, and the passion from the swim community, which he had never seen before in this town. Then you move on to last Thursday afternoon; it was matched equally by the passion of the 25 people on that stage. We practiced and practiced, and didn’t do all that well, and poor Jeanie yelled “stop” in the middle of the practices enough times to be hoarse. It all came together about 2:00 PM, last Thursday afternoon in Tampa, Florida. The passion of the group, which included a lot of new people never before involved in the process in this community, was just unbelievable. It validated what we know, and that is that Gladstone is an All-America City, has been an All-America City, and it’s a community that has to identify their problems and develop a plan to correct their problems, which the National Civic League views as most prominent. We have done all the above. Councilman Smith said he had never been more proud to be a Gladstonian than he was at 2:00 PM on Thursday and again on Friday evening. Councilman Smith offered congratulations and thanks to everyone who was a part of this.


Councilmember Carol Suter stated there was not much left to say after Councilman Smith’s remarks, except “amen”. It was a great experience. It was inspiring to be in this whole group of cities from across the country. There are a lot of exciting things going on in city and county governments all across the country. Other areas have some really significant social issues to deal with that we may not have in Gladstone. What we have that really set us apart is our process for citizen engagement, and that is what makes us unique in Gladstone. The National Civic League is actually now touting to all the cities who were there that Gladstone should be a national model for citizen engagement. Councilmember Suter said she is excited about the impact that we will be able to have as a city not just here in our local region, but all across the country and beyond.


Mayor Pro Tem Carol Rudi stated the All-America City Award process was an amazing experience, and the number of people who were in Tampa representing other cities just floored her, because some of them had at least 50 people in their group. When we rehearsed, there was a group present who had won the award last year, who were assisting, and when we finished our rehearsal, they applauded. Mayor Pro Tem Rudi said she was told afterwards that they had not applauded for anyone, and that was just practice, and they kept repeating over and over again how good our presentation and projects were. The citizens talking with City staff and the Council, and everyone working together made this happen. Mayor Pro Tem Rudi said we owe you all a big thank you!


Mayor Pro Tem Rudi asked Parks and Recreation Director Sheila Lillis to discuss some events coming up at the Gladstone Amphitheatre.


Parks and Recreation Director Sheila Lillis reported that this coming Friday night we have the Shrek the Third Movie in the Park performance. The movie will be shown at 9:00 PM, and it is rated PG13. The Hershey Track and Field event is the following Saturday. Gladstone has had finalists from this event that have won national awards, and the event is for children from age 7 to 17, so it is a great event for our youth.


Mayor Pro Tem Rudi asked Assistant City Manager Wingerson to provide an update on Bluesfest, because Council was not able to attend.


Assistant City Manager Wingerson reported that Friday night was fantastic. The entertainment was great. There was a small announcement that was made at some point during the night about the things Council members have been talking about (the City of Gladstone receiving the All-America City Award). People actually “got it”; they know what All-America Cities is about, and even when they don’t,= they know it is “cool”. Mr. Wingerson thanked City Manager Davis for the opportunity to be able to make that announcement to about 5,000 people who were at Bluesfest. In terms of Bluesfest itself, it was very well attended Friday night. Mr. Wingerson said he asked about the “take” from the event, and he received a big smile, so he is assuming it is a good thing. Saturday night was a little bit more mellow in terms of the entertainment. It was a little bit better attended early, and a little bit less attended late. Overall a great, successful Bluesfest, and he believes everyone had a good time, and no incidents of which he is aware.


Mayor Mark Revenaugh stated he was back in town in time for the Bluesfest Saturday night, as was Councilman Beer. It was a great crowd Saturday night, and a beautiful evening. Mayor Revenaugh said the crowd seemed to be enjoying the acts, and “his hat is off’ to Assistant City Manager Wingerson, who is Chairman of the Gladstone Area Chamber of Commerce, and all the volunteers who put on another successful Bluesfest. The crowd Saturday night also got to hear about the All-America City Award. Mayor Revenaugh said in addition to what the other Council members have already said, it occurred to him that the take away for him from the All-America City Award event was that the hallmark of most successful organizations anywhere is their ability to identify new leadership and create leadership opportunities for people to serve. When you do that, you unleash the creativity of not just a small group of people, but of an entire area of people; whether it is a microcosm in our City, in our region, in the United States, or globally. It’s what has made America what it is today, and is why we are called the melting pot, because we had influences and creativity of people from all around the world. Mayor Revenaugh said he was on the KPA (Key Performance Area) that came up with the Citizens Leadership Academy, and he would encourage that folks let their neighbors know that there is such a thing. We take it seriously as was pointed out in the presentation. Councilmember Suter was one of the first graduates of the Leadership Academy. It does a tremendous job of making a person familiar with the different departments of the City, how they operate, and gives a person a great background. We hope by involving more citizens we will unleash more of that creativity, and continue to push Gladstone to even greater heights in the future.


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


City Manager Kirk Davis offered congratulations to the Gladstone Area Chamber of Commerce on the Bluesfest, and offered congratulations to everyone involved with the All-America City Award effort. They did an outstanding job.


Item 10. on the Agenda. FIRST READING BILL 08-18, an annual Ordinance establishing a procedure for certain Gladstone Municipal Officials to disclose potential conflicts of interest and comply with the personal financial disclosure requirements pursuant to the State of Missouri “Ethics Law”.


Councilman Les Smith moved to place Bill 08-18 on First Reading. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. (5-0). The Clerk read the Bill.


Councilman Les Smith moved to accept the First Reading of Bill 08-18, 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 Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. (5-0). The Clerk read the Bill.


Councilman Les Smith moved to accept the Second and Final Reading of Bill 08-18 and enact the Bill as Ordinance 4.075. Councilman Carol Rudi seconded.


Roll Call Vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh.

(5-0).


Item 11. on the Agenda. RESOLUTION R-08-33, authorizing the execution of a Cooperative Agreement with the Village of Oakview for resurfacing a portion of Shady Lane at an estimated cost of approximately $118,000. of which 100% of the project costs will be reimbursed to the City of Gladstone 30 days after completion of the project.


Councilman Carol Rudi moved to adopt RESOLUTION R-08-33, authorizing the execution of a Cooperative Agreement with the Village of Oakview for resurfacing a portion of Shady Lane at an estimated cost of approximately $118,000. of which 100% of the project costs will be reimbursed to the City of Gladstone 30 days after completion of the project. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. (5-0


Item 12. on the Agenda. RESOLUTION R-08-34, adopting the 2009 Annual Operating Budget for the City of Gladstone, Missouri, for the Fiscal Year beginning July 1, 2008 and ending June 30, 2009.


Councilmember Carol Suter moved to adopt RESOLUTION R-08-34, adopting the 2009 Annual Operating Budget for the City of Gladstone, Missouri, for the Fiscal Year beginning July 1, 2008 and ending June 30, 2009. Councilman Wayne Beer seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Les Smith, Mayor Pro Tem Carol Rudi and Mayor Mark Revenaugh. (5-0

Item 13. on the Agenda. OTHER BUSINESS.


Mayor Revenaugh asked Counselor Ramsay if it was proper for him to make the motion to reconsider the second reading of the Bill for a Site Plan revision for Lot 1, Tower Plaza.


Counselor Ramsay replied yes.


Mayor Mark Revenaugh moved to reconsider the second reading of the Bill for a Site Plan revision for Lot 1, Tower Plaza.


Councilmember Suter asked if the motion could be seconded by someone not in the prevailing party.


Counselor Ramsay replied it does not require a second by a prevailing party; it requires a motion by a prevailing party.


Councilmember Carol Suter seconded the motion.


Councilman Smith said he is not adverse to reconsidering portions of the proposal, and he believes Mayor Revenaugh’s motion was in response to Mr. Hall’s request to reconsider the second reading of the Site Plan revision. Councilman Smith said the question he has from a point of order standpoint would be that particular reading deals with the Site Plan, and is there significant amount of new information regarding the Site Plan, which is different than the Building Permit. Councilman Smith said he is not opposed to reconsider this issue, but if they have significant new information, he would like to see what we are being asked to reconsider before we technically reconsider. Rather than just reopening a can of worms, if they have something that we can visit without going straight to the second reading of the Site Plan revision, that would be preferable, especially if it pertains to the Building Permit side. We don’t want to reconsider a Site Plan revision if it is mostly a building issue. We might need a little direction on the most appropriate way to do this.


Mayor Revenaugh asked Counselor Ramsay for any guidance he might offer.


Counselor Ramsay replied that Mr. Hall could be invited to make a presentation this evening about reasons why this should be reconsidered or Council could table the motion until the next City Council meeting and formally place it on the agenda.


Councilman Beer said that would be the position that he would have to take. He would have to have much more time to consider than just a presentation this evening. Councilman Beer said he also is not necessarily opposed to reconsideration; he just believes that the method by which the reconsideration is being asked this evening probably needs to be changed a bit so that we have some time to look at the new significant proposals being brought to us, and that should be in the form of a package that should be a part of our agenda for our next City Council meeting.


Mayor Revenaugh stated he was not opposed to this suggestion, and tabled the motion until the next City Council meeting.


Councilman Smith asked if the reason for the reconsideration versus a re-submittal is a time issue, since a Site Plan revision requires a six-month wait period? The reason to reconsider versus them resubmitting is they have a six-month waiting period before they could actually resubmit a new application. Councilman Smith said he is not opposed to this, and would be willing to reconsider the issue of the use, although he still does not believe in it, but he would be willing to reconsider it, but he wants to be sure that there is new information, because we rejected a Site Plan, which had Site Plan issues, and we had not really gotten to the Building Permit. Councilman Smith said he would be looking for substantial changes in order to gain that reconsideration, but he would be willing to do so out of respect for the developer and representatives.


Councilman Beer said re-submittal might be asking for a pretty big sacrifice on the part of the developer, and he believes a reconsideration would be appropriate, but he cannot do that tonight.


Mayor Revenaugh asked Mr. Hall if he understood.



Mr. Hall asked for help in understanding, and said he would be more than happy to show what he brought with him this evening and what changes there are both aesthetically and in the Site Plan. If that is not going to be acted on tonight and needs to be part of the agenda, then he believes they have another issue, according to his understanding, in that a re-submittal requires a six-month waiting period. This has already gone almost that long.


Councilmember Suter explained to Mr. Hall that the motion to reconsider would be on the next City Council meeting agenda, and she assumes the parties of interest would be welcomed to submit any materials that the Council would need to see prior to that, so that means that if he submits what he brought tonight to City staff, Council can have it before they entertain a motion at our next meeting.


Councilman Beer said to Mr. Hall that re-submittal would mean to start the process all over again, and that is the six-month period, and Council does not want to subject you folks to another six months.


Mr. Hall stated as he understands it, he will submit the information that he has to City staff who will pass it on to City Council members, and in two weeks it will be reconsidered.


Councilman Smith said not necessarily, the motion to reconsider will be brought forward.


Councilmember Suter said if the motion to reconsider passes, then Council will reconsider it.


Mayor Revenaugh said if upon receiving the new information, if the Council feels that it wants to vote to reconsider, then that would happen in two weeks.


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 9, 2008, Gladstone Regular City Council Meeting, Mayor Mark Revenaugh adjourned the regular meeting.






Respectfully submitted:



______________________________

Cathy Swenson, City Clerk



Approved as submitted: ___


Approved as corrected/amended: ___



______________________________

Mayor Mark S. Revenaugh