MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

MONDAY, AUGUST 23, 2010


ADJOURNMENT TO CLOSED EXECUTIVE SESSION

6:45 PM


Mayor Pro Tem Barry McCullough opened the City Council Meeting to adjourn to a Closed Executive Session on August 23, 2010, at 6:45 PM. Mayor Pro Tem 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” – Councilmember Carol Suter, Councilman Mark Revenaugh and Mayor Pro Tem Barry McCullough. (3-0)


Mayor Les Smith and Councilman Carol Rudi were absent from the vote, but were present at the Closed Executive Session.


Mayor Les Smith recessed the Closed Executive Session to go into the Regular City Council meeting.


REGULAR CITY COUNCIL MEETING

7:30 PM


PRESENT: Mayor Les Smith

Mayor Pro Tem Barry McCullough

Councilman Carol Rudi

Councilman Mark Revenaugh

Councilmember Carol Suter

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson




Item 2. on the Agenda. ROLL CALL


Mayor Les Smith opened the Regular August 23, 2010, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers, and 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 AUGUST 9, 2010, CITY COUNCIL MEETING MINUTES.


Mayor Pro Tem Barry McCullough moved to approve the Regular August 9, 2010, City Council Meeting Minutes as presented. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).


Item 5. on the Agenda. SPECIAL PRESENTATION BY THE MAYOR AND CITY COUNCIL.


Mayor Smith announced that there were some very special people in the audience who recently assisted with two election campaigns, and the Council would like to recognize them for their efforts. One election campaign was the ¼ cent Public Safety Sales Tax election that garnered a 78 percent “yes” vote; and the other election was for two Bond issues for roads, sewers and water. Those garnered 86 and 88 percent “yes” votes. Mayor Smith said these folks did a lot of work. Mayor Smith invited the City Council to join him in front of the Council dais to present certificates of appreciation to the honorees.


Mayor Smith introduced Jean Moore, Co-Chairman of the Public Safety Sales Tax Committee. Mayor Smith read, and along with the City Council, presented a framed certificate to Ms. Moore and thanked her for her service to the City.


Ms. Moore said it had been a privilege and an honor to be involved with the Public Safety Sales Tax campaign, and said she had a tiny role compared to the heavy lifting others carried. Ms. Moore thanked Pete Hall, saying he was a most able-bodied Treasurer, and David Velasquez, who was the Co-Chair, and who did tons of work, and managed to get 500 campaign signs installed. Ms. Moore said there were many in the audience who were instrumental in the success of the campaign, and the City staff did lots of work. The Mayor was fully involved in the campaign, as well as the rest of the City Council. Ms. Moore said the Public Safety Department did unbelievable work – the men and women of that department did a fine job. Ms Moore said she believed the success of the campaign was in large part due to the fact that in Gladstone we give people trust about the government, and when we go to people, and give our message, they believe our message, they trust in our message, and they know that we are not going to them “willy nilly”. Ms. Moore said the citizens know the City is going to them with a cause they truly believe in and that is really needed, which was certainly the case with the Public Safety Sales Tax. The citizens of Gladstone deserve a big “hurrah” for their efforts and support of this campaign.


Following applause from the audience, Mayor Smith said that Jean Moore has spearheaded a couple of other big issues for the City, for example the Community Center, and she is a behind the scenes supporter, as is Dave Velasquez and others, such as Everett Jones, who put up lots of signs. This success is due to the team effort of the community, which is just great. Mayor Smith told Jean Moore she was the best! Mayor Smith said Co-Chair David Velasquez could not be here this evening, and his award will be given to him at a later date.


Mayor Smith invited Pete Hall to step forward, saying he served as Treasurer for both the Public Safety Sales Tax election and the Bonds election. Mayor Smith and the City Council presented to Mr. Hall a framed certificate and thanked him for his service to the City, which was followed by applause from the audience.


Mr. Hall said that many people in Gladstone worked very diligently on these elections. Mr. Hall said he does not work to get plaques or accolades, but Gladstone is a great place to live and raise children. Mr. Hall said it has been his privilege to do both for about 50 years, and he will continue to support our City, and thanks to the “new blood”, Jean and others, bring to the community, we have a great future ahead of us.


Mayor Smith invited Art Hammen, Co-Chairman of the Bonds Election Campaign Committee, to step forward, saying Mr. Hammen is a former Mayor and Councilman, sits on the Neighborhood Commission, serves with the Gladstone Neighbors Helping Neighbors, and has been a constant supporter of Gladstone for many years. Mayor Smith said he thought that Mr. Hammen would agree that it was kind of nice to get back in the saddle and help out again with this campaign, and the City Council certainly appreciates him and were happy to present him with a certificate of appreciation for his hard work. This was followed by applause from the audience.


Mr. Hammen stated that when an 86 percent and 88 percent approval rating is received, the citizens are not just saying yes to these bond issues, they are saying they recognize that the members of the City Council, City Manager Davis and City staff are doing an excellent job of managing the finances of this City, and they know the City is not asking for something they should not. Mr. Hammen said he believed that is what this vote was about - supporting not only the City Council, but also the City staff.


Mayor Smith stated that John Houlihan, Co-Chairman of the Bonds Election Campaign Committee could not be present at this meeting, and his presentation will be made at a later date.


Mayor Smith invited Bill Garnos, a member of the Bonds Election Campaign Committee, to join him and the City Council. Mayor Smith said that Mr. Garnos sits on the Planning Commission and acted as a de facto Co-Chair; he and John Houlihan worked very closely on this campaign. Mayor Smith thanked Mr. Garnos, and said he and the City Council wished to express their thanks with a certificate of appreciation. Mr. Garnos thanked the Mayor and City Council, which was followed by applause from the audience.


Item 6. on the Agenda. CONSENT AGENDA


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


Councilman Carol Rudi moved to adopt RESOLUTION R-10-44, accepting Permanent and Temporary Construction Easements from certain property owners in conjunction with the Northeast 76th Terrace and North Lydia Drainage Project. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).


Councilman Carol Rudi moved to adopt RESOLUTION R-10-45, authorizing the City Manager of the City of Gladstone, Missouri to execute an agreement with the City of Pleasant Valley, Missouri for the purpose of providing emergency Animal Control Services to the City of Pleasant Valley by Gladstone Animal Control Officers. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).


Councilman Carol Rudi moved to adopt RESOLUTION R-10-46, authorizing acceptance of work under contract with Musselman and Hall, LLC, for the 2010 Intermediate Maintenance Program Project; and authorizing final payment in the amount of $14,317.26. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).


Councilman Carol Rudi moved to adopt RESOLUTION R-10-47, authorizing acceptance of a proposal from Vellar Consulting in the amount of $25,000.00 for Neighborhood Development Consulting Services for Northaven-1 and Shoalbrook Addition neighborhoods. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).


Councilman Carol Rudi moved to adopt RESOLUTION R-10-48, authorizing the City Manager to execute an agreement with Linden Neighborhood Connection, in the form of a sign use agreement, for the use of existing street signs within the Linden Neighborhood Connection neighborhood; and authorizing the execution of all necessary requirements by the City of Gladstone to be carried out in conjunction with the sign use agreement. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).


Councilman Carol Rudi moved to adopt RESOLUTION R-10-49, authorizing execution of a contract with Kissick Construction Company, Incorporated, of Kansas City, Missouri, for the emergency installation of a parallel water main under Highway 9, in the total amount not to exceed $144,530.00, for the Briarcliff 24-Inch Raw Water Main Project. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).


Councilman Carol Rudi moved to approve the JULY 2010 FINANCIAL REPORT. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0).


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.


Councilmember Carol Suter stated this has been an exciting week for the City of Gladstone, as we have been in the news for a variety of reasons. Councilmember Suter said she wished to express her thanks to the individuals and organizations, like Neighbors Helping Neighbors, and to all the folks who stepped up to help our residents whose house is sliding down the slope. It is amazing how many offered help, the extent of the help that has been offered, and it is indicative of the kind of community that we have, and it is why people trust each other, because we really do step up to help each other. Councilmember Suter expressed her appreciation to all those involved.


Councilman Mark Revenaugh had no comments at this time.


Councilman Carol Rudi reported that the days of operation have changed with the Farmers Market, and asked Economic Development Administrator Melinda Mehaffy to share that information.


Ms. Mehaffy said the dates for the Farmers Market have been changed, and the final Saturday event will be on Saturday, September 4, and then there will not be a Saturday Farmers Market. There will just be the Wednesday Farmers Market events. One of the vendors is leaving Saturdays after September 4, which has made it prohibitive to offer anything to our customer base on Saturdays. The Wednesday event continues to grow in number and continues to grow in recruitment of potential vendors for the remainder of the season. There is still a lot of interest in the Farmers Market, which will continue through October 27, on Wednesdays, from 3:00 PM to 7:00 PM.


Councilman Rudi said she had a sign-up sheet for Gladfest volunteers to work in the information booth, and she has about nine spots to fill. Councilman Rudi invited folks to see her after the meeting.


Mayor Pro Tem Barry McCullough had no comments at this time.


Mayor Les Smith expressed appreciation from the community to the staff members who participated in both campaigns, not just from a standpoint of providing information during the work day, but also a lot of personal time after hours, which is very much appreciated.


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


City Manager Kirk Davis reported that City Hall would be closed on Labor Day, Monday, September 6. City Manager Davis also reported that there is not a Council meeting scheduled for September 13, due to the Missouri Municipal League Conference. The next City Council meeting will be September 27.


Item 10. on the Agenda. PUBLIC HEARING: on setting the annual rate of levy for the 2010 Real Estate and Personal Property Taxes within the corporate limits of the City of Gladstone, Missouri.


Mayor Smith said first staff would make a presentation, and then anyone in the audience will be invited to speak in favor or in opposition, or to ask any questions.


Mayor Smith opened the Public Hearing.


Staff Presentation

Finance Director Debra Daily began by saying that on receipt of the City of Gladstone assessed property valuation from Clay County, the 2010 tax levy was calculated to set a levy for each class of Real and Personal property, based on current Missouri law. The method of calculation and the results of the calculation are set for discussion at this Public Hearing, as required by State Statute. At this Public Hearing, any questions regarding how the levy was calculated can be addressed.


Director Daily reported that 2010 is a non-reassessment year. The City’s 2010 property valuation is just over $353 million. This is the valuation used to set the 2010 levy. Almost $560,000 was new construction; half of it was residential and just about one half was commercial construction. Compared to 2009, the City experienced a 1.77 percent decrease in total valuation or approximately $6,350,000. The bulk of this came from personal property tax. This drop in valuation is directly attributable to the current economic downturn, and also the accelerated method of depreciation adopted by the County several years ago. Article X, Section 22 and Section 137.073, of the Missouri Constitution, governs how tax levies are to be set. In setting the levy, the City is limited to the lesser of three different categories: actual growth, which this year was zero percent; the consumer price index, which was 2.7 percent; or 5 percent. Actual growth of zero percent was therefore used to set this levy. As a result, the maximum property tax rates committed for 2010 are set at $0.9290 per $100 property valuation for all property classes. Based on this levy, the City’s property tax revenue for fiscal year 2011 is projected to be $3,102.562. This represents a $42,614 revenue decrease from the projected budget. Bill Number 10-32, which sets the property tax levy at $0.9290 for all classes of property is presented for the Council’s consideration and approval following this Public Hearing.


As there were no questions or comments from the City Council, Mayor Smith asked if there was anyone in the audience who wished to address the Council with any comments on this issue. As there were no comments from the audience, Mayor Smith closed the Public Hearing.


Item 11. on the Agenda. FIRST READING BILL 10-32, enacted pursuant to Missouri Revised Statutes Section 94.030 fixing the annual rate of levy for the 2010 Real Estate and Personal Property Taxes within the corporate limits of the City of Gladstone, Missouri.


Councilman Mark Revenaugh moved to place Bill 10-32 on its First Reading. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0). The Clerk read the Bill.


Councilman Mark Revenaugh moved to accept the First Reading of Bill 10-32, Waive the Rule and place the Bill on its Second and Final Reading. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0). The Clerk read the Bill.


Councilman Mark Revenaugh moved to accept the Second and Final Reading of Bill 10-32 and to enact the Bill as Ordinance 4.161. Councilmember Carol Suter seconded.


Roll call vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0)


Item 12. on the Agenda. FIRST READING BILL 10-33, approving the Final Plat of Northhaven South, commonly known as 6811 North Flora, in the County of Clay, City of Gladstone, Missouri, and directing the appropriate officials to affix their signatures to said plat for recording. Applicant/Owner: Gladstone Community Church.


Councilmember Carol Suter moved to place Bill 10-33 on its First Reading. Mayor Pro Tem Barry McCullough seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0). The Clerk read the Bill.


Councilmember Carol Suter moved to accept the First Reading of Bill 10-33, Waive the Rule and place the Bill on its Second and Final Reading. Mayor Pro Tem Barry McCullough seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0). The Clerk read the Bill.


Councilmember Carol Suter moved to accept the Second and Final Reading of Bill 10-33 and to enact the Bill as Ordinance 4.162. Mayor Pro Tem Barry McCullough seconded.


Roll call vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0)


Item 13. on the Agenda. FIRST READING BILL 10-34, approving the final settlement agreement with T-Mobile to recover business license taxes and authorizing the City Manager to execute the agreement on behalf of the City.


Mayor Pro Tem Barry McCullough moved to place Bill 10-34 on its First Reading. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0). The Clerk read the Bill.


Mayor Pro Tem Barry McCullough moved to accept the First Reading of Bill 10-34, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Carol Rudi seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0). The Clerk read the Bill.


Mayor Pro Tem Barry McCullough moved to accept the Second and Final Reading of Bill 10-34 and to enact the Bill as Ordinance 4.163. Councilman Carol Rudi seconded.


Roll call vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0)


Item 14. on the Agenda. FIRST READING BILL 10-35, approving the final settlement agreement with Cricket Communications, Inc., to recover business license taxes and authorizing the City Manager to execute the agreement on behalf of the City.


Councilman Carol Rudi moved to place Bill 10-35 on its First Reading. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0). The Clerk read the Bill.


Councilman Carol Rudi moved to accept the First Reading of Bill 10-35, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Mark Revenaugh seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0). The Clerk read the Bill.


Councilman Carol Rudi moved to accept the Second and Final Reading of Bill 10-35 and to enact the Bill as Ordinance 4.164. Councilman Mark Revenaugh seconded.


Roll call vote: All “aye” – Councilmember Carol Suter, Councilman Mark Revenaugh, Councilman Carol Rudi, Mayor Pro Tem Barry McCullough and Mayor Les Smith. (5-0)


Item 15. on the Agenda. Other Business.


  1. Discussion of the Art Springs in Gladstone Event, by Chris Yannitelli, Chairman of the Arts Commission.


Chris Yannitelli, Chairman of the Arts Commission, began by saying it gave her great pleasure to tell the City Council that Art Springs in Gladstone is coming back as promised - Friday evening, Saturday and Sunday, May 20, 21 and 22, 2011. It will be bigger, better, and it will be different. It will be outside of the Community Center in a large tent on North Holmes. It will feature a cultural corner, and there will be activities for kids and for adults. There will be food vendors and a variety of entertainment. There will be lots happening.


Ms. Yannitelli reported that the committee would be pursuing some very interesting sponsors. Ms. Yannitelli said that Councilman Rudi and Lee Hinderliter, who has been with the committee for the last two years and who is with the Northland Art League and present at this meeting, and she have been meeting for several weeks as an executive committee to put together the plans. People are in place for the steering committee, and they are ready to go forward. The committee has met with Parks and Recreation Director Sheila Lillis and the Community Center Rental Coordinator Linda Borders to make sure that they are doing everything that the City would like them to do and they are communicating very well.


Ms. Yannitelli said they are anticipating a wonderful event, and that they are anticipating and need the $7,000 that is in the City’s budget for this activity, because it is going to be bigger, better and different.


Mayor Smith inquired into how many artists would be participating in the event.


Ms. Yannitelli said they do not know, but they can anticipate as many as 100, but it will probably be between 60 and 70 artists. It depends on the response, as to how large the tent becomes.


Councilmember Suter asked if there were any hints as to the interesting sponsors.


Ms. Yannitelli said she was not at liberty to say, but the Council will love it.


Councilman Revenaugh asked if there would be music.


Ms. Yannitelli replied that there will be wonderful music; they don’t know what it is, but it will be wonderful.


Mayor Smith said this is exciting, and he believes it was the right decision to step back, take a look at it and bring it back bigger and better.


Councilman Rudi said she had a question for the Council regarding the $7,000, which has been allocated for this organization in the past. It is not strictly budgeted for this year, but she was told we would be able to find it somewhere. Councilman Rudi said she would like for the City Council to direct staff to find the money.


Mayor Smith asked City Manager Davis if any official action was needed by the City Council regarding the budgeted amount.


City Manager Davis asked if staff might have an opportunity to take a look at this and bring it back to the City Council.


Mayor Smith agreed that would be fine.


Item 16. on the Agenda. Questions from the News Media.


There were no News Media present.


Item 17. on the Agenda. Adjournment.


There being no further business to come before the August 23, 2010, Gladstone Regular City Council Meeting, Mayor Les Smith adjourned the regular meeting.


Respectfully submitted:



______________________________

Cathy Swenson, City Clerk

Approved as submitted: ___

Approved as corrected/amended: ___


______________________________

Mayor Les Smith