MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

MONDAY, JANUARY 12, 2009


Mayor Mark Revenaugh opened the City Council Meeting to adjourn to a Closed Executive Session on January 12, 2009, at 5:15 PM. Councilmember Carol Suter 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 610.021(3) for Personnel Discussion. Mayor Pro Tem Carol Rudi seconded.


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


Mayor Mark Revenaugh adjourned the Closed Executive Session to go into the Regular City Council Meeting.



REGULAR CITY COUNCIL MEETING

7:30 PM



PRESENT: Mayor Mark Revenaugh

Mayor Pro Tem Carol Rudi

Councilman Les Smith

Councilmember Carol Suter


City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson


ABSENT: Councilman Wayne Beer


Mayor Mark Revenaugh opened the Regular January 12, 2009, 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 City Council members were present, except for Councilman Wayne Beer, who could not attend, as he was ill.


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 REGULAR DECEMBER 8, 2008, CITY COUNCIL MEETING MINUTES.


Mayor Pro Tem Carol Rudi moved to approve the Regular December 8, 2008, City Council Meeting Minutes as presented. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh (4-0)


Item 5. on the Agenda. CONSENT AGENDA.


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


Councilmember Carol Suter moved to adopt RESOLUTION R-09-01, authorizing acceptance of work under contract with Miller Paving and Construction, Limited Liability Company, for the 2008 Residential Curb and Sidewalk Program; and authorizing final payment in the amount of $44,682.47. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh (4-0)


Councilmember Carol Suter moved to adopt RESOLUTION R-09-02, authorizing acceptance of work under contract with Wiedenmann & Godfrey Construction, Incorporated, for the 69th Terrace East of Euclid Drainage Improvements Project; and authorizing final payment in the amount of $11,942.65. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh (4-0)


Councilmember Carol Suter moved to adopt RESOLUTION R-09-03, authorizing execution of a Professional Services Agreement with Olsson Associates, in the total amount not to exceed $186,474.00 for Consultant Services relative to the Design of Improvements to NE 76th Street from North Olive to the City limits. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh

(4-0)


Councilmember Carol Suter moved to adopt RESOLUTION R-09-04, authorizing execution of a Professional Services Agreement with George Butler Associates, in the total amount not to exceed $227,572.00 for Consultant Services relative to the Design of Improvements to North Broadway from NW 76th Street to the City limits and to Old Pike Road from NW 52nd Terrace to NW 54th Terrace. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh (4-0)


Councilmember Carol Suter moved to adopt RESOLUTION R-09-05, authorizing acceptance of work under contract with Cornell Roofing and Sheet Metal Company, for the Roof Replacement Public Works Upper and Lower Storage Project; and authorizing final payment in the amount of $6,217.10. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh (4-0)


Councilmember Carol Suter moved to adopt APPROVAL OF A BUILDING PERMIT: to add three additional antennas to the existing platform on the communications tower located behind the NE 72nd Street Tennis Courts at 2013 NE 72nd Street. Applicant: Selective Site Consultants, Inc. Owner: Kansas City Power and Light. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh (4-0)


Councilmember Carol Suter moved to approve the NOVEMBER FINANCIAL REPORT. Mayor Pro Tem Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh (4-0)


REGULAR AGENDA


Item 6. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.


There were no communications from the audience.


Item 7. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.


Councilmember Carol Suter remarked that it seems some time since the Council has met, due to the Christmas break, and it is great to be back at City business. One of the items on the agenda this evening deals with Boards and Commissions appointments. Councilmember Suter said she would like to thank all who came to be interviewed or applied for the openings on the Boards and Commissions. There was a really great turnout, and it is so exciting to have that luxury of having more people who want to serve than we have openings. It is a rare city in this day and age, especially smaller cities, who have that kind of luxury to actually have citizens that interested in serving. In visiting with other cities, often their number one complaint is that they cannot get anybody to volunteer for anything. Councilmember Suter said Council members felt like they had an abundance of riches as they looked at making appointments this year. Councilmember Suter commended those people who are engaged, including those who are running for office, and said it is a great sign of a healthy city, and thanked them for their participation.


Councilman Les Smith said he read with great sadness that former Public Safety Officer Jerry Reilly passed away this morning, and for those who knew Jerry, they knew he was a good man and a very funny man at times, and he will be missed. Councilman Smith thanked City Clerk Swenson for sending flowers on behalf of the Council. Councilman Smith asked for an update on the 56th Terrace water line replacement project.


Public Works Director Chuck Williams stated this project has gone very well. The line is all in the ground. It has passed pressure tests, and this week staff is completing the bacteriological tests that need to be made of the water in the pipe, and then it will be flushed. There will then be a connection to make at one end, and staff will begin recapping the new line to the service lines for the residents. It is expected that within the next two to three weeks, weather permitting, that most of this job will be completed. There will still be the reseeding and regrading work that will need to be done later in the spring. The project was a 12-inch water line, and it has been expanded to a 16-inch water line, and the project has gone very smoothly.


Councilman Smith asked if the area would be returned to the previous condition, with the drainage swales and so forth.


Mr. Williams said absolutely.


Councilman Smith asked that the area be cleaned up really well for the folks so they don’t have to look at gravel piles and so forth for the rest of the winter.


Mr. Williams said that would be done prior to when the yards are prepared for the seedbeds. The contractor has been very cooperative in working with the residents.


Councilman Smith thanked Human Resources Administrator Charlene Leslie for responding to the question about the CVS Caremark prescription card program that Council learned about at the National League of Cities meetings in Orlando. Part of Ms. Leslie’s memo stated that it would be some duplication of services, as Clay County offers this as well. In reading the fine print, the requirement for any resident in Clay County to get this, is that they have to go to the Clay County Health Center in order to pick up their card. Councilman Smith said that as this is a free program, it only requires us to put brochures in City Hall and maybe the Community Center, and to have a contact person at City Hall. Once it is set up, there is very little manpower involved. Councilman Smith said he would like to see our City offer it as a Gladstone program, so our residents only have to go to Gladstone City Hall. It is a prescription card program that allows a 20 percent discount on prescriptions, and for those folks who don’t have insurance or for those prescriptions that are not covered by a health plan, a 20 percent discount can be a pretty hefty amount. Councilman Smith asked Council if they had an interest in moving forward with this and putting our name on the prescription drug program.


Mayor Pro Tem Carol Rudi said she would like to move forward with this.


Mayor Mark Revenaugh said he would like to see a staff presentation on the program, and he would be willing to consider this.


Councilmember Suter agreed and said she would like to hear a proposal from staff on how this might be implemented and the costs involved.


Councilman Smith said in the memo, Ms. Leslie said the soft costs in marketing and having a point person at City Hall would be the only costs. Part of the requirement in participating in the program is that it does have to be marketed through normal channels. That could be through our Cable channel or the Coming Home to Gladstone magazine, and some things of that sort. Councilman Smith asked City Manager Kirk Davis if Council desires a presentation, could that be done?


City Manager Davis replied that would be scheduled.


Councilman Smith asked that City Manager Davis look into a program that the City of Kansas City presently uses for Code Enforcement issues. Councilman Smith said that is a “hot button” topic in Gladstone, and that is probably the one issue he hears about more than anything else. Probably the first question would be if statutorily we are allowed to have such a program in our class of city. When Code Enforcement issues get down to non-compliance in our city, they are handled by being on the docket in our Municipal Court. If one fails to appear in the Municipal Court, a warrant is issued for the person’s arrest. This is all well and good, but if the person never gets stopped or arrested, they are never held accountable for the violation in our Municipal Court. In Kansas City, they issue an Administrative Citation, and there are no criminal penalties or jail time, but the owner has 20 days to pay their fine. The fine doubles, if they do not pay it. For more grievous violations, the penalty could be a daily penalty added on to the one doubled after 20 days. The appeals go before a Hearing Officer and not a Municipal Court judge, and if the fines are not paid, and if the violation is not abated, and continues to draw a fine, the city has the authority to place a lien on the property. They say where this is especially effective is with absentee owners who receive notice in the mail whether they might live in Arizona or wherever they live. They may not care what their property looks like here, and what it is doing to the neighborhood, but when they receive notification that there is going to be a tax lien filed on their property, then they may take notice. Kansas City is receiving checks from all over the country and they even received one from the UK last week. Councilman Smith asked that this issue be checked into, as it might be a tool from which we may benefit.


Mayor Pro Tem Carol Rudi wished everyone a good year, and said she hopes it is an excellent year for everyone, and that we see an upturn in everything from 2008. Mayor Pro Tem Rudi said she hoped everyone had great holidays, whatever they were!


Mayor Mark Revenaugh stated that shortly the Council would be appointing new members and reappointing members to the City’s Boards and Commissions. Mayor Revenaugh said he would like to congratulate the new appointments, and at the same time point out that great citizen involvement is one of the things that makes our city special. This is exhibited by the quality of the people who come to volunteer for these Boards and Commissions. It is an often time thankless job, but these folks take time away from their families to make their community a better place to live. Mayor Revenaugh said he wants them to know that the City and the Council appreciate it.


Mayor Revenaugh said he wanted to offer kudos to Parks and Recreation Director Sheila Lillis and the staff at the Community Center. Mayor Revenaugh said he has rejoined the Community Center effort to work out, and every time he is there, he watches how the staff interacts with all the people, and he has never seen anyone frowning, and has never heard a bad word. Everyone is smiling and they are helpful. Mayor Revenaugh said the atmosphere is unlike any gym he has visited in his life. It is an incredibly well run facility, and if we keep up the good work on that front, then our Community Center will continue to be successful and grow into the future.


Mayor Revenaugh said he has been bothered over the last several weeks with the state of the economy – not only in the United States, but the global economy as well. Mayor Revenaugh said he was struck with the headline in The Kansas City Star, that says, “Jobs keep draining away”, and underneath it says, “Biggest job loss since World War II”. Mayor Revenaugh said there was citizen input asking Council to consider some type of smoking ban in bars and restaurants in Gladstone. Public input was gathered, so that Council could consider some sort of Ordinance. Mayor Revenaugh said in light of the economy, he is growing increasingly uncomfortable with being a part of any kind of Ordinance that might put even one person out of work, which means they would also be without insurance benefits. There was also an article that talked about the COBRA (Consolidated Omnibus Budget Reconciliation Act) benefit, where if an employee is laid off work, they can continue their employer benefits, but they have to pay the premium. Mayor Revenaugh said if anyone has tried to do that, and he has, the cost is so prohibitive that the net result is that you go without insurance. Mayor Revenaugh said the issue isn’t whether he is for or against the smoking ban, but for him the issue is whether now is the right time to jeopardize any jobs or small businesses at a time that it seems to him local government and even the federal government is doing everything they can to help create or save jobs, not only in the auto industry, but everywhere. Mayor Revenaugh said he would not want it to be a situation where he was leading the charge on any kind of an Ordinance that might put even one young mother trying to raise her kids, in what’s already a generally low paying job, out of business. Mayor Revenaugh said he was hoping to discuss this issue with his fellow Council members under Other Business this evening, but it was mentioned that since the public had not been warned ahead of time that Council might be discussing this issue, it might not be appropriate. At the next City Council meeting, Staff is prepared to bring a model or rough draft Ordinance forward. Mayor Revenaugh asked City Manager Davis to include this in an Open Study Session item before the next City Council meeting, in the best interest of transparency so the public will know the issue is being discussed. Mayor Revenuagh said he just wants to know that the consensus from the Council is that they want to go forward with some kind of smoking ban, and if that is the case, that is great, but if the majority of the Council members feel, for whatever reason, that this is not the best time, then he would hope that Council would consider shelving it, which does not mean killing it, but putting in on a back burner to a point, to where if someone does get laid off, they have the opportunity to find another job. Whereas, in the economy now, he does not think that is the case. Mayor Revenaugh said he wanted to bring this issue up, and this will give the Council two weeks to consider the issue. Mayor Revenaugh asked City Manager Davis if he saw any problem in scheduling this as an Open Study issue for the next City Council meeting.


City Manager Davis said this item is scheduled for the next City Council’s Open Study Session, but asked as a point of clarification, if the Mayor wants it scheduled and to be prepared to discuss a proposed Ordinance in any detail, or is the Council going to discuss the issue before presentation.


Mayor Revenaugh said he would like to discuss the issue before the presentation, in the interest in saving time. The public may attend, and there has already been public input at three separate meetings. Mayor Revenaugh said he did not see a problem with discussing this issue this evening, but it was brought to his attention that it might be seen by some people that Council endeavored to kill the smoking ban at an evening the public had no idea it was going to be discussed. In the interest of transparency, he wants to bring this issue up, when everyone has the opportunity to fill the hall if they want to in a couple of weeks, and hear the Council’s viewpoints as to whether or not this is a perfect time to go forward with a smoking ban.


Councilman Smith commended Mayor Revenaugh for having the global outlook that he has. Councilman Smith said he is not sure he understands having that discussion this evening versus two weeks from now. The public has had their opportunity to speak and to participate in the process. What is it Council hopes to gain by the discussion on whether or not we even want to go forward with an Ordinance? Councilman Smith said as he recalled, the way it was left at the last public forum, when the presentation was made to the Council from One KC Voice, at some point in the future, City Council would make a decision on what to do with the smoking ban. That some point in the future could be this evening, as well as two weeks from now. What is it that we hope to gain by waiting for two weeks?


Councilmember Suter said if she were a person in the audience who had spent the time and energy to come and participate in the process previously, she would feel like Council is “putting one over on me” to have this kind of decision made without any notice. We have told people we have scheduled a Study Session for January 26, 2009, and she feels that is completely appropriate for us to move to that level of investigation of this issue, since we have already spent time and money in hiring outside folks to moderate an entire public process. Councilmember Suter said she was dismayed that Council would even consider having some conversation under Other Business, today, instead of following through with our commitment to the community to be actively engaged with our citizens in making a decision that is supported by a majority of our residents. This is contentious in our community, like it is in lots of communities. Councilmember Suter said there are folks who have been following it carefully, and for them to not have notice that Council is having conversation about it tonight, is basically unfair, and she does not support that at all. Councilmember Suter said she definitely wants staff to follow through with the instructions that Council had given them previously, which was to do the research and work and bring to the Council something that reflects what they have heard in the conversations so far in the way of some sort of proposed or model Ordinance or Ordinances for Council to consider.


Councilman Smith said he was not dismayed at all by the suggestion to take a broad approach and table this issue for awhile, and asked if there is some suggested process by which staff should notify our residents of a meeting on January 26, 2009, or is this discussion notice enough?


Mayor Revenaugh said, as far as he is concerned, it is, and the Council may choose to override that. Mayor Revenaugh noted we have one Councilman not in attendance this evening.


Councilman Smith said Staff has heard we want the public notified – what do we want them to do? Councilman Smith said he is fine with notifying all the people who participated in the public process, because 86.5 percent of those do not wish for there to be a city-wide smoking ban, so being an opponent of the ban, if we wish for staff to notify all those folks, he would like to give them direction to do so. Councilman Smith suggested that staff have a clear direction as to how to proceed.


Mayor Pro Tem Rudi asked City Manager Davis if the Study Session items are listed on the Cable channel?


City Manager Davis replied yes.


Mayor Pro Tem Rudi said as this issue would be a Study Session item, we need to be certain it is on there. We have Press here this evening, and it will be in our meeting minutes, so it appears we have done what we need to do. Mayor Pro Tem Rudi said she does not believe we need to make a specific point of contacting the people who attended those meetings.


Mayor Revenaugh agreed.


Councilmember Suter agreed and said the public notification process is adequate. If whatever Council does in the Open Study Session is part of the public posting, then people know what we are going to talk about in the Open Study Session, and that is all that is needed. Councilmember Suter said people who are following the conversation are watching for that posting, she is sure, so they will show up to listen to the conversation.


Item 7a. on the Agenda. BOARD AND COMMISSION APPOINTMENTS.

Mayor Pro Tem Carol Rudi moved to appoint and reappoint the people as listed (please see below) to the Boards and Commissions. Councilman Les Smith seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh (4-0)


PLANNING COMMISSION TERM EXPIRATION


Reappointment Brian Hill December 2012

Reappointment Barry McCullough December 2012


New Appointment David Velasquez December 2012



CAPITAL IMPROVEMENTS PROGRAM


Reappointment Pete Hall December 2011

Reappointment Beverly Johnson December 2011

Reappointment Bill Turnage December 2011



BOARD OF ZONING ADJUSTMENT


Reappointment Mark Bertholf December 2013

Reappointment Jerry Menefee December 2013



CODE BOARD OF APPEALS


Vacant (electrical)



GLADSTONE INDUSTRIAL DEVELOPMENT AUTHORITY


Reappointment Richard Conn December 2014



PARKS AND RECREATION ADVISORY BOARD


Reappointment Teresa Farley December 2011

Reappointment Donald Harper December 2011

Reappointment Scott Peper December 2011


TELECOMMUNICATIONS ADVISORY BOARD


Reappointment Paul Degenhardt December 2011


New Appointment John Garner December 2010



ENVIRONMENTAL MANAGEMENT ADVISORY COMMITTEE


Reappointment Donna Eisenbarth December 2011


New Appointment Richard Kirkpartick December 2011

New Appointment Pam Windsor December 2012

New Appointment Arlene Segal December 2013



TAX INCREMENT FINANCING (TIF)


Reappointment John Steuve December 2012


New Appointment Marie Young December 2012



ARTS COMMISSION


Reappointment Ceresa Jackson December 2011
Reappointment Chris Yannitelli December 2011



THEATRE IN THE PARK


Reappointment Becky Clark December 2010

Reappointment Julie Crawford December 2010

Reappointment Jennifer Kessler December 2010



CLAY COUNTY UNIVERSITY EXTENSION COUNCIL


New Appointment Wayne Beer February 2011


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


Mayor Revenaugh offered his thanks to the new appointees and reappointees.


Councilman Les Smith moved to appoint Mayor Pro Tem Carol Rudi as the Council Representative to the Friends of the Atkins-Johnson Farm. Councilmember Carol Suter seconded. The vote: “Aye” – Councilmember Carol Suter, Councilman Les Smith, and Mayor Mark Revenaugh. “Abstain” – Mayor Pro Tem Carol Rudi (3-0-1)


Mayor Pro Tem Rudi offered thanks to everyone who did apply for the Boards and Commissions, and if Council did not find a space for them at this time, they are still on the list.


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


City Manager Kirk Davis stated that Jerry Reilly was a long-term employee, who did a fine job in the Public Safety department. We are sorry to hear of his passing.


City Manager Davis reminded everyone that next Monday is the celebration of Martin Luther King’s birthday, and City Hall will be closed, and open again on Tuesday morning.


Item 9. on the Agenda. PRESENTATION OF THE FISCAL YEAR 2008 AUDIT REPORT.


Mayor Revenaugh invited Dave Cochran, Managing Partner, of Cochran Head Vick & Company to give the presentation.


Mr. Cochran thanked the City for using their firm for the annual audit, and said they take their job very seriously. Mr. Cochran thanked Finance Director Debra Daily on the fine job she has done, and said he believes this is the best year yet. The Gladstone staff has improved each year, and he is pleased that substantial progress has been made. Mr. Cochran thanked City Manager Davis for his assistance.


Mr. Cochran stated that the Comprehensive Annual Financial Report was given to City Council members and staff. Mr. Cochran provided a Power Point presentation, and said he would be happy to answer any questions. Mr. Cochran read the Power Point presentation as follows:


The Financial and Compliance Audit addresses three basic questions: Are the basic financial statements free of material misstatement? Are effective internal controls in place and do they work? Did the City of Gladstone, Missouri comply, in all material respects, with the finance-related laws and regulations? Mr. Cochran said these are the three questions his firm set out to answer.


The Audit Responsibilities are: Audit performed in accordance with generally accepted auditing standards and government auditing standards. The objective is to provide reasonable, not absolute, assurance that the basic financial statements are free of material misstatement. Report on internal control structure and compliance with laws and regulations. The Scope of the Audit is the Comprehensive Annual Financial Report. Mr. Cochran said Gladstone has received the Certificate of Achievement for Excellence in Financial Reporting for many, many years, and the City should be proud of that. It reflects very well on the City Administration in providing meaningful and timely information to its citizens.


Mr. Cochran continued by reading: The Auditing Standards Board of the American Institute of Certified Public Accountants recommended that we communicate the following matters to the Governing Board: Illegal Acts – None came to our attention as a result of performing our audit procedures. Changes in Accounting Policies – Adopted GASB 45 Postemployment Benefits other than Pensions. No Disagreements with Management. Cooperation – Full access to books and records.


Results – Financial Audit – Report is unqualified. Mr. Cochran said this is often referred to as a “clean” opinion. Internal control matter identified that is required to be reported under new Standards on Auditing Standards No. 112 – Communicating Internal Control Related Matters identified in an Audit. Management Letter Comments – contains suggestions for best practices and possible improvements in internal control noted in the conduct of the audit.


Summary – The answers to the basic questions: Yes, the basic financial statements are free of material misstatement. Internal control matter identified that is required to be reported under the new Statements on Auditing Standards No. 112. No material non-compliance was noted with finance-related laws and regulations that govern the City’s operations.


Mr. Cochran said, on behalf of Cochran Head Vick & Company, they appreciate the opportunity to serve the City of Gladstone, Missouri, an All America City.


There being no questions from Council, Mayor Revenaugh thanked Mr. Cochran.


Item 10. on the Agenda. PUBLIC HEARING: on an Ordinance proposed to regulate the placement, construction and modification of Telecommunication Towers, support structures and antennae.

Mayor Revenaugh opened the Public Hearing and immediately continued the Public Hearing to the January 26, 2009, City Council meeting, pending a recommendation from the Planning Commission.


Item 11. on the Agenda. RESOLUTION 09-06, approving the settlement agreement with Gladstone Special Road District No. 3, and the Commissioners of Clay County, Missouri, providing for additional disbursements of Road and Bridge taxes from the County for calendar years 2003 through 2007.


Mayor Pro Tem Carol Rudi said she gladly moved to adopt RESOLUTION 09-06, approving the settlement agreement with Gladstone Special Road District No. 3, and the Commissioners of Clay County, Missouri, providing for additional disbursements of Road and Bridge taxes from the County for calendar years 2003 through 2007. Councilmember Carol Suter seconded.


Mayor Pro Tem Rudi said it will be nice to have $1.2 million come back to our city that belongs here.


Councilman Smith said that will be nice. What is not nice is the fact that various municipalities had to file suit against the County to validate the money that they owed the Road Districts, and to some extent the cities. It is not nice to know that it was negotiated down to where they will be allowed to make payments on $1.2 million with no interest. It is not nice to know that going forward, the County still refuses to operate in a good faith manner, as validated by the courts, and we will once again have to litigate amounts for 2008, 2009 and most likely beyond. Councilman Smith said it is beyond him, although two of the three Commissioners are good friends of his, that we have had to jump through these hoops with the County to get the money that rightfully belongs to the citizens of Gladstone and other communities in the Northland. Councilman Smith said he does not understand it, and he is disappointed by it. That said, $1.2 million is a lot of money.


Councilmember Suter said she seconded that emotion. The frustration with elected officials is unbearable some days, when one thinks that people seek office to do the jobs, and then to fly in the face of the law, is very frustrating, when there is nothing we can do but resort to the courts again and again. This is the most expensive way to get government to work.


All “aye” – Councilmember Carol Suter, Councilman Les Smith, Mayor Pro Tem Carol Rudi, and Mayor Mark Revenaugh (4-0)


Item 12. on the Agenda. OTHER BUSINESS.


There was no other business to come before Council.


Item 13. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.


There were no questions from the News Media.


Item 14. on the Agenda. ADJOURNMENT.


There being no further business to come before the January 12, 2009, 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