MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

MONDAY, AUGUST 24, 2009


ADJOURNMENT TO CLOSED EXECUTIVE SESSION

6:00 PM

Councilman Mark Revenaugh opened the City Council Meeting to adjourn to a Closed Executive Session on August 24, 2009, at 6:00 PM. Councilman Barry McCullough 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. Councilmember Carol Suter seconded.


Roll Call Vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, and Councilman Mark Revenaugh. (3-0).


Note: Mayor Pro Tem Les Smith was present at the meeting.


Mayor Pro Tem Les Smith adjourned the Closed Executive Session to go into the Regular City Council meeting at 7:30 PM.


REGULAR CITY COUNCIL MEETING

7:30 PM


PRESENT: Mayor Pro Tem Les Smith

Councilman Mark Revenaugh

Councilmember Carol Suter

Councilman Barry McCullough

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson


ABSENT: Mayor Carol Rudi


Item 2. on the Agenda. ROLL CALL


Mayor Pro Tem Les Smith opened the Regular August 24, 2009, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers, and noted Mayor Carol Rudi was not present at this meeting, as she was not feeling well.


Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.


Mayor Pro Tem Smith introduced Boy Scout Jacob Weyrauch, of Troop 992, sponsored by the International Odd Fellows, who led the Pledge of Allegiance, in which all joined.


Mr. Weyrauch said his father and sister were with him, and he attends New Mark Middle School, where he is in 7th grade.


Mayor Pro Tem Smith thanked Mr. Weyrauch for attending the meeting and for leading the Pledge of Allegiance.


Item 4. on the Agenda. SPECIAL PRESENATION TO RETIRING BOARD MEMBER ANITA NEWSOM.


Mayor Pro Tem Smith, along with City Council members, joined Ms. Newsom in front of the Council dais, where Mayor Pro Tem Smith read and presented a plaque to Ms. Newsom thanking her for her service on the Planning Commission and the Capital Improvements Program Committee. Mayor Pro Tem Smith said Ms. Newsom’s service on the Planning Commission and the Capital Improvements Program Committee does not even touch what Ms. Newsom has done for our community. Ms. Newsom is a former Council member and Mayor. Mayor Pro Tem Smith said Ms. Newsom is retiring from these positions, because she has moved to the Plaza. Mayor Pro Tem Smith thanked Ms. Newsom for all her service to Gladstone.


Ms. Newsom jokingly said she would be taking bids for Thanksgiving dinner. Ms. Newsom said it has been a heck of a ride being involved with the City of Gladstone. She moved into Gladstone after getting a teaching job, and everything just fell into place, and she became involved. Ms. Newsom said her father always said if you have a question or a problem about something, don’t complain about it, do what you can to see if you can fix it or make it better, and along with her mother’s community involvement, this is how she was raised. Ms. Newsom said she has not gone away; she will still be Chairing Gladfest this year, and said her move has brought a different life, and she is really enjoying it. Ms. Newsom invited everyone to visit her once she has her boxes all unpacked.


Mayor Pro Tem Smith said, to him, what really matters is if one “leaves it better than they found it”, and, although, Ms. Newsom is not leaving us, with her service and the many things she has done, she has definitely “left it better than she found it”. Mayor Pro Tem Smith thanked Ms. Newsom.


Ms. Newsom said it was because everyone worked together, and no one person can do it alone.


Ms. Newsom’s remarks were followed by a standing ovation.


Item 5. on the Agenda. APPROVAL OF THE REGULAR AUGUST 10, 2009, CITY COUNCIL MEETING MINUTES.


Councilmember Carol Suter moved to approve the Regular August 10, 2009, City Council Meeting Minutes as presented. Councilman Barry McCullough seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0).


Item 6. on the Agenda. CONSENT AGENDA


Councilman Mark Revenaugh moved to approve the Consent Agenda as presented. Councilmember Carol Suter seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0).


Councilman Mark Revenaugh moved to adopt RESOLUTION R-09-65, authorizing the City Manager to execute a Mutual Aid Agreement with the City of Kansas City, Missouri, for Intergovernmental Fire Service and Assistance. Councilmember Carol Suter seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0).


Councilman Mark Revenaugh moved to adopt RESOLUTION R-09-66, authorizing the City Manager to execute on behalf of the City of Gladstone, Missouri the bylaws of Midwest Public Risk (MPR), which were adopted by the members of Midwest Public Risk on May 6, 2009. Councilmember Carol Suter seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0).


Councilman Mark Revenaugh moved to adopt RESOLUTION R-09-67, ratifying agreements for Fire and Emergency Medical Services between the City of Gladstone and Villages of Oakwood, Oakwood Park and the Oaks. Councilmember Carol Suter seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0).


Councilman Mark Revenaugh moved to approve the ANNUAL LIQUOR LICENSE RENEWAL for:


Gasmart USA, dba Phillips 66, 7303 North Oak Trafficway, Seven-Day Package Liquor License. Councilmember Carol Suter seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0).


Councilman Mark Revenaugh moved to approve the JULY 2009 FINANCIAL REPORT. Councilmember Carol Suter seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0).


REGULAR AGENDA


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


There were no communications from the audience.


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


Councilman Barry McCullough stated the sidewalks going in along M-1 Highway look great and he looks forward to seeing them completed.


Councilmember Carol Suter agreed that the M-1 Highway sidewalks project is an exciting project, and she was glad to find out that they are installing pedestrian crossings. Councilmember Suter said since the last Council meeting, our City now has a Census 2010 committee, and the City is working with the Census 2010 staff to begin the process for the Gladstone community to work towards a complete census for Gladstone.


Councilman Mark Revenaugh said he is pleased with the work that City staff has done to bring the City up to date on the sustainability effort. The work the City has begun is something that not only our children, but also our grandchildren and future generations are going to appreciate.


Mayor Pro Tem Les Smith had no comments at this time.


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


City Manager Kirk Davis had no comments at this time.


Item 10. on the Agenda. RESOLUTION R-09-68, granting the provisional renewal of a Class A Liquor License to RNB, LLC, doing business as “Red,” with special conditions. Councilman Barry McCullough seconded.


Councilman Mark Revenaugh moved to adopt RESOLUTION R-09-68, granting the provisional renewal of a Class A Liquor License to RNB, LLC, doing business as “Red,” with special conditions. Councilman Barry McCullough seconded.


Councilmember Carol Suter said this is an unusual situation for the City and for the City Council, and she wanted to reiterate from the last meeting that as a Council, we are going above and beyond the call of duty to try to work with businesses in our community. The Public Safety Department has recommended non-renewal of this license, so the action Council is considering marks some extraordinary willingness by Council members to try to make businesses successful, both for the business and for our community. Councilmember Suter said for that reason, she would be supporting this Resolution.


The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0).


Item 11. on the Agenda. FIRST READING BILL 09-25, revising Water and Sewer Utility Regulations for the City of Gladstone, Missouri and amending all prior Ordinances inconsistent therewith.


Councilmember Carol Suter moved to place Bill 09-25 on its First Reading. Councilman Barry McCullough seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith . (4-0). The Clerk read the Bill.


Councilmember Carol Suter moved to accept the First Reading of Bill 09-25, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Barry McCullough seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0). The Clerk read the Bill.


Councilmember Carol Suter moved to accept the Second and Final Reading of Bill 09-25 and to enact the Bill as Ordinance 4.116. Councilman Barry McCullough seconded.


Roll call vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0).


Item 12. on the Agenda. PUBLIC HEARING: on setting the annual rate of levy for the 2009 Real Estate and Personal Property Taxes within the corporate limits of the City of Gladstone, Missouri.


Mayor Pro Tem Les Smith opened the Public Hearing and stated a report will be heard first from City Manager Davis, and then from anyone in the audience who would like to speak in favor or in opposition.


City Manager Davis stated that Finance Director Debra Daily would present the assessment of this year’s Property Tax Levy.


Finance Director Daily began by saying that upon receipt of the City of Gladstone’s assessed property valuation from Clay County, the 2009 tax levy was calculated to set a levy for each class of real property and personal property pursuant to Missouri Statute Section 137.115. The method of calculation and results of the calculation are set for discussion at this Public Hearing as required by State Statute, where any questions regarding the levy calculation may be addressed.


Director Daily reported that the City’s 2009 property valuation in this reassessment year is just over $359,000,000. This is the valuation used to set the 2009 levy. This valuation includes $709,000 in new residential construction and $411,000 in new commercial construction. Compared to 2008, this is a 4.7 percent decrease in total valuation or $17,844,000. This drop in valuation is directly attributed to the current economic downturn. Article X and Section 22 of the Missouri Constitution, and Section 137.073 of the Missouri Statutes govern how tax levies are set. In setting the levy rate, the City is limited to a lesser of three criteria: actual growth, which this year was zero percent; or the Consumer Price Index, set at one percent; or five percent. Actual growth was therefore used to set this levy, and as a result, the maximum property tax rates permitted for the tax year 2009, which is fiscal year 2010, are .9290 per 100 dollars assessed valuation for all property classes, which includes Real Estate - Residential, Agriculture, and Commercial – and Personal Property.


Director Daily said based on this levy, the City’s property tax revenue for fiscal year 2010 is projected at $3,179,010, after factoring in uncollectibles. This represents a $167,500 revenue decrease from the previous year that was projected and budgeted accordingly in the fiscal year 2010 budget. Director Daily concluded by saying that Bill Number 09-26, which sets the Property Tax Levy at .9290 for all classes of property, is recommended for Council’s consideration and approval following this Public Hearing.


There were no comments from the public in Favor or in Opposition to the issue.


Mayor Pro Tem Smith closed the Public Hearing.


Item 13. on the Agenda. FIRST READING BILL 09-26, setting the annual rate of levy for the 2009 Real Estate and Personal Property Taxes within the corporate limits of Gladstone, Missouri.

Councilman Barry McCullough moved to place Bill 09-26 on its First Reading. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith . (4-0). The Clerk read the Bill.


Councilman Barry McCullough moved to accept the First Reading of Bill 09-26, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0). The Clerk read the Bill.


Councilman Barry McCullough moved to accept the Second and Final Reading of Bill 09-26, and to enact the Bill as Ordinance 4.117. Councilman Mark Revenaugh seconded.


Roll call vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Councilman Mark Revenaugh, and Mayor Pro Tem Les Smith. (4-0).


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 August 24, 2009, Regular City Council meeting, Mayor Pro Tem Les Smith adjourned the Regular meeting.


Respectfully submitted:


______________________________

Cathy Swenson, City Clerk


Approved as submitted: ___

Approved as corrected/amended: ___

______________________________

Mayor Pro Tem Les Smith