MINUTES

CITY COUNCIL MEETING

GLADSTONE, MISSOURI

MONDAY, NOVEMBER 12, 2007

REGULAR CITY COUNCIL MEETING

7:30 PM

PRESENT: Mayor Les Smith

Mayor Pro Tem Mark Revenaugh

Councilman Carol Rudi

Councilman Wayne Beer

Councilmember Carol Suter

City Manager Kirk Davis

Assistant City Manager Scott Wingerson

City Counselor David Ramsay

City Clerk Cathy Swenson

Mayor Les Smith opened the Regular November 12, 2007, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers.

Item 2. on the Agenda. ROLL CALL

Mayor Smith noted that all Council members were present.

Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.

Mayor Les Smith led the Pledge of Allegiance, in which all joined.

Item 4. on the Agenda. APPROVAL OF THE REGULAR OCTOBER 22, 2007, CITY COUNCIL MEETING MINUTES.

Councilman Carol Rudi moved to approve the Regular October 22, 2007, City Council Meeting Minutes as presented. Councilman Wayne Beer seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

Item 5. 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 Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0).

Councilman Wayne Beer moved to adopt RESOLUTION R-07-80, adopting the 2008 State Legislative Program for the City of Gladstone, Missouri. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

Councilman Wayne Beer moved to adopt RESOLUTION R-07-81, authorizing the Mayor, City Council members, City Manager, Director of Parks and Recreation, and Chairman of the Parks and Recreation Advisory Board to execute all necessary applications and other documents to seek a Grant-in-Aid under the Missouri Department of Natural Resources Land & Water Conservation Fund for City of Gladstone Park Improvements. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

Councilman Wayne Beer moved to adopt RESOLUTION R-07-82, authorizing acceptance of a proposal from American Equipment Company for the purchase of a Snowplow and Salt Spreader in the net purchase amount of $18,456. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

Councilman Wayne Beer moved to adopt RESOLUTION R-07-83, authorizing execution of a contract with Daktronics Engineering in the total amount not to exceed $83,163.00 for the Electric Components for the Video Display Board in the Natatorium in the Gladstone Community Center. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

Councilman Wayne Beer moved to adopt RESOLUTION R-07-84, authorizing acceptance of work under contract with Ideker, Incorporated, for the 2007 Mill and Overlay Program; and authorizing final payment in the amount of $50,753.07. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

Councilman Wayne Beer moved to adopt RESOLUTION R-07-85, authorizing acceptance of work under contract with American Marking and Paving, Incorporated, for the 2007 Curb and Sidewalk Program; and authorizing final payment in the amount of $34,782.00. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

Councilman Wayne Beer moved to adopt RESOLUTION R-07-86, authorizing execution of a contract with the Wilson Group, Incorporated, in the total amount not to exceed $78,970.00 for the Atkins Johnson Farm Roof/Front Porch Renovation Project. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

Councilman Wayne Beer moved to adopt RESOLUTION R-07-87, authorizing acceptance of a proposal from Hersey Meter Company for the purchase of 750 standard 3/4” x 5/8” Water Meters for the net purchase amount of $24,225. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

Councilman Wayne Beer moved to approve a CLASS A&B LIQUOR BY THE DRINK LICENSE for Applebee’s Restaurants, Inc. dba Applebee’s Neighborhood Grill & Bar, 6069 North Antioch Road. Managing Officer: Rex Wright. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

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

Item 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 had no comments at this time.

Councilman Wayne Beer had no comments at this time.

Councilman Carol Rudi expressed thanks and congratulations to the Parks and Recreation Department. Councilman Rudi said she heard indirectly that there was a request from a parent of a visually impaired child for assistance at one of the City’s playgrounds. The child could not see the steps well enough to climb up onto a play feature. The Parks and Recreation Department painted the steps in such a way that the child can now use the playground. Councilman Rudi said the mother is ecstatic and she thinks the Parks and Recreation Department should be recognized for their fast response to a need. Councilman Rudi wished Councilman Beer a happy birthday this week, which was followed by applause.

Mayor Pro Tem Mark Revenaugh had no comments at this time.

Mayor Les Smith commended the Parks and Recreation Department on the Friday Fright Night event at Oak Grove Park. It was another resounding success. Mayor Smith reported that he and Councilman Beer attended the Northland Health Center ribbon cutting. The Health Center is very proud of that facility, as well they should be.

Mayor Smith said an item that came from the Council Goal Setting Session was the establishment of a North Oak Business Council. Mayor Smith said he would like City Council and Staff to consider some recommendations for this Council - perhaps five to seven members from the North Oak corridor, who you might think would be good additions to the North Oak Business Council, which will be established.

Mayor Smith asked City Manager Kirk Davis when the information on the Transient Guest Tax on hotels and motels ballot initiative would be coming forward to Council.

City Manager Davis said he did not recall the date discussed, but if agreeable with Council, he would suggest bringing information to the City Council at the first Council meeting in December.

Mayor Smith replied he caught City Manager Davis off guard, and that date would be great.

Mayor Smith reported that Blue Springs has target traffic enforcement zones. Their Ordinance allows for them in traffic areas with high incidence of accidents, or a lot of violations, to post signs and for fines to be doubled for any citations issued in those targeted traffic enforcement zones. Mayor Smith said he would like this looked into as we have problem areas in our City.

Mayor Smith said there was a decline of over 60 percent in trips made in the Fall Brush Disposal Event. In combining the weekly drop offs since July, we realized a 42 percent drop off in usage. Mayor Smith apologized for catching City Manager Davis off guard and asked what his thoughts were on this.

City Manager Davis said it will be a very uneducated opinion, but he believes it stems from the fact that the center was open for about four or five months between the two drop offs, whereas before we just had the spring and fall drop offs, so there was a convenience factor there. The other part of that is perhaps we could have advertised the event a little better and promoted it more. There is probably a factor, not an overriding factor, but there are fees, and in this case it was half of what the cost would have been had brush been dropped off through the summer. There are probably three factors that come into play.

Mayor Smith said he was opposed to charging a fee, but we did agree as a group to charge a fee and he supports that, but he would like some analysis on this. Mayor Smith said he believes there is a lot of conversation around the fee structure and of it being revenue neutral. If one takes the July, August, and September fees that were generated against the number of loads, and adds in the fall brush disposal weekend, we far exceed that revenue neutral projection. Mayor Smith said he would like for Public Works to look at that and see where we ended up. Mayor Smith said both he and City Hall heard from some residents, and some residents called the Sun Tribune reporter, after he wrote an article. One of the comments was that we sneaked these fees in on them, and the reporter did a good job of assuring them that we most certainly did not. It was done up front and above board. Mayor Smith said he would like to look at this so we can analyze whether or not we are revenue neutral or we went way over projections. Mayor Smith said he is concerned with a 67 percent decrease in drop offs. Three people apparently left that day and he suspects we may be cleaning their brush out of a ditch or a storm drain at some point.

Item 7a. on the Agenda. GLADSTONE NEIGHBORHOOD COMMISSION APPOINTMENTS.

Mayor Smith pointed out a document provided to City Council members this evening, which is something that Assistant City Manager Scott Wingerson and he came up with as a possible direction to take on the Neighborhood Commission. Council approved a nine member Commission, which includes the Mayor or the Mayor’s designee, the GEBC Chair (Gladstone Economic Betterment Council), and the Neighbors Helping Neighbors Executive Director. Mayor Smith said in trying to go across the City and have all of the neighborhoods represented by both a geographical standpoint and a socio-economic standpoint, what they determined is the six listed neighborhoods accomplished that. Assistant City Manager Wingerson had the idea that they should look at where there were established homeowners associations and consider appointing the current Vice Presidents of those associations. That would, in theory, give us the Vice President, the next year’s President, and, in theory again, in the following year, the past President of that organization, which would provide the continuity.

Mayor Smith said there are some neighborhoods that do not have organized homeowners associations; one for sure is Meadowbrook, and his recommendation for that area is David Pieronet, who has expressed a strong interest in neighborhood issues, and another one is William Reed from the Rosewood area, who was recommended by folks in that area as someone who is involved. Two or three years ago they had a Special Use Permit issue that came up in that neighborhood and Mr. Reed was one of the folks that got involved at that time. Mayor Smith said this would be a recommendation for the initial terms of the Neighborhood Commission, and if Council agrees, a motion is needed to make these appointments.

Councilman Carol Rudi moved to approve the following appointments to the Neighborhood Commission:

Mayor Les Smith or designee

GEBC Chair - Mark Tankesley

Gladstone Neighbors Helping Neighbors Executive Director - Art Hammen

The initial terms for neighborhood representatives are staggered as follows:

12/31/2009 expiration - Winnie Estep - Bolling Heights

12/31/2009 expiration - Linda Blocker - Hickory Hills

12/31/2010 expiration - David Pieronet - Meadowbrook

12/31/2010 expiration - Cynthia Hoeffecker - Carriage Hills

12/31/2011 expiration - William Reed - Rosewood

12/31/2011 expiration - Chris Spurgeon - Evanston Place

Councilmember Carol Suter seconded.

Mayor Smith said there is a place on this Commission for three advisory members. The thought is to let the Commission get together, and allow them to determine what resources they may need; for example, Carolyn Vellar might be someone they might be interested in or someone from within our organization, and let them suggest some resource positions as advisors. Mayor Smith said if it is determined that the City needs wider representation, we could also bring back some more neighborhood representatives. Mayor Smith stated if that becomes the case, he will again present that to Council for their recommendations from specific neighborhoods.

The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh, and Mayor Les Smith. (5-0)

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

City Manager Kirk Davis wished everyone a happy Thanksgiving. This group will not be getting together again until after that holiday. City Manager Davis stated the Mayor has an event next week that he may want to announce.

Mayor Smith reported the Mayor’s Christmas Tree Lighting Ceremony will be held Tuesday, November 20, at First Bank of Missouri, located at 59^th and Antioch Road, at 6:00 PM. Contributions to the Mayor’s Christmas Tree Fund will be split between the Northland Christmas Store, Gladstone Neighbors Helping Neighbors, and the Gladstone Parks and Recreation Youth Scholarship Fund. Mayor Smith invited all to attend, and said many in the room would be receiving a letter from him asking for a donation.

Mayor Smith stated he appreciated the support of some members of the community, City Manager Davis, Assistant City Manager Wingerson, and City Planner Chris Helmer with the Climate Protection Workshop that was held at Rockhurst University last week. We are the 724^th city to sign the Mayors’ Climate Protection Agreement, and we were duly recognized at the Mayors main conference in Seattle that day as having more than 20 mayors simultaneously execute the agreement. Mayor Smith extended thanks to the folks mentioned, and thanked them for their support, and thanked Executive Assistant Diane Whitaker and City Clerk Cathy Swenson for their work in helping to pull our end together.

Item 9. on the Agenda. PUBLIC HEARING: for consideration of a Special Use Permit subject to certain conditions to T-Mobile Central LLC to operate a Communications Tower Facility on property located at 2711 Northeast Brooktree Lane. Applicant: T-Mobile Central, LLC. Owner: Curry Investment Company. File No. 1304

Mayor Smith stated the Public Hearing will be conducted with Assistant City Manager Wingerson first giving his presentation, and then we will gladly hear from the applicant, and then ask for public input. Mayor Smith opened the Public Hearing.

Note: This portion of the City Council meeting was transcribed by Cross Reporting Services. Please see the attached transcript.

Item 9a. on the Agenda. FIRST READING BILL 07-34, granting a Special Use Permit to T-Mobile to operate a Communications Tower Facility at 2711 NE Brooktree Lane. Applicant: T-Mobile Central, LLC. Owner: Curry Investment Company. File No. 1304

Councilman Wayne Beer moved to place Bill 07-34 on First Reading with the addition of Item 21, which is restoration of the site, subject to the lease conditions.

Mayor Pro Tem Mark Revenaugh asked if we don’t need to see the lease, but will assume this is tied up?

Councilmember Carol Suter stated only on the assumption that the lease contains a provision that when abandoned, the property will be restored. Her concern is if technology changes and these towers are abandoned long before 20 years.

Mayor Smith said Council is “putting that ball” in Mr. Wingerson’s court to determine that the lease states what the Council wishes for it to state.

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

Councilman Wayne Beer moved to accept the First Reading of Bill 07-34, Waive the Rule and place the Bill on Second and Final Reading. Councilmember Carol Suter seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0). The Clerk read the Bill.

Councilman Wayne Beer moved to accept the Second and Final Reading of Bill 07-34 and enact the Bill as Ordinance 4.052. Councilmember Carol Suter seconded.

Roll Call Vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0).

Item 10. on the Agenda. PUBLIC HEARING: for consideration of a Special Use Permit subject to certain conditions to Robert Bledsoe and Dennis Foutch for operation of Cripple Creek Rock Company, Incorporated, on property located at 5618 North Antioch Road. Applicant: Cripple Creek Rock Company, Incorporated. Owner: Byers Enterprises. File No. 1301

Mayor Smith stated this Public Hearing will be held much like the last, except that City Planner Chris Helmer will be making the presentation for the City.

Mayor Smith opened the Public Hearing.

Staff Presentation.

Mr. Helmer began by saying on April 22, 2002, the applicant was granted a Special Use Permit for the operation of a landscape and materials business. At the beginning stages of this Special Use Permit request, it was originally under the condition of a one-year trial Special Use Permit application. With no foreseen problems from that Special Use Permit request, the applicant has currently been operating under a five-year Special Use Permit application. Mr. Helmer said at this time, Staff is recommending that the applicant continue operating under that 5-year renewal. A couple of things to keep in mind as to why this application is operating under a Special Use Permit request really centers on the zoning of the area. Currently the fronting properties on Antioch Road are commercially zoned, and the back portion of this business is zoned residential. The main reason behind operating under this Special Use Permit, is to secure that zoning.

Mr. Helmer said during the Planning Commission meeting, there didn’t seem to be any significant opposition to the five-year renewal of the Special Use Permit. There was one question from Commissioner West that specifically addressed one of the conditions that is in the Staff Report on the hours of operation. At that time, Mr. Wingerson mentioned that historically there haven’t been any issues of operation of 7:00 AM to sunset. Mr. Helmer said obviously at different times of the year that will fluctuate a little bit, but he would like for Council to keep in mind that some of that operation is office, and there is some business held that would not be outside on the typical landscaping side of the operation of that business. Mr. Helmer reported that Staff is recommending that the Special Use Permit be issued for the five-year duration, with the applicant continuing to meet the conditions set forth in the Ordinance and the Staff Report.

Applicant Presentation.

Jeff Arrington, 5618 NE Antioch Road, stated he is one of the owners of Cripple Creek Rock Company and does not have anything to add to Mr. Helmer’s remarks.

Councilman Rudi said she knows the business is expanding to Platte County, and asked if that will be a second location or will we be losing this company in our city.

Mr. Arrington replied that will be a second location, and the Gladstone location is “home base”. Mr. Arrington said eventually they also would like to be located on the I-35 corridor, around Liberty or Kearney. The Platte County location will not open until spring, probably February or March.

Mayor Smith asked if the “no operations after sunset” condition bothers Mr. Arrington. For example, this time of year, that is pretty early.

Mr. Arrington said they have tried to stay open later, but they do not stay open after dark. In the summer, they could stay open until after 9:00 PM, but they don’t, because there is a certain time, they have found, that customers just stop coming. This is not a problem at all.

Mayor Smith said the office is probably used later than that, and he is trying to help Mr. Arrington, as this seems very “black and white”. Mayor Smith said he would not like to see the business technically in violation, although not in violation of the spirit, which is not outdoor operations. Mayor Smith asked Council if they believe “outdoor” should be included so the condition would read “the hours of outdoor operations shall be 7:00 AM until sunset”. Mayor Smith said a lot of business people work a lot of office hours late at night or early in the morning.

Mr. Arrington asked, for clarification, if Mayor Smith is talking about just the office.

Mayor Smith said the condition currently reads “the hours of operation shall be 7:00 AM to sunset”.

Mr. Arrington stated if that meant the rock yard and the office, then he would agree the addition of the word “outdoor” would be beneficial to the business.

Councilman Beer said the addition of “outdoor” to operations would be an appropriate addition, and he knows that office hours go beyond sunset, and the City needs to assure that the office is permitted to do that.

Mayor Smith said when Mr. Bledsoe first came to this Council, he had some rather grandiose plans, and Council was rather skeptical; hence, the one year trial. Mayor Smith stated that Mr. Bledsoe has exceeded the expectations and said to Mr. Arrington that he is personally glad to have this business in the City, and he loves seeing Gladstone, Missouri advertised all over the metropolitan area.

Mr. Arrington thanked Mayor Smith.

There was no one to speak in Favor or Opposition to the application.

Mayor Smith closed the Public Hearing.

Item 10a. on the Agenda. FIRST READING BILL 07-35, granting a Special Use Permit subject to certain conditions to Robert Bledsoe and Dennis Foutch for operation of Cripple Creek Rock Company, Incorporated on property at 5618 North Antioch Road. Applicant: Cripple Creek Rock Company, Incorporated. Owner: Byers Enterprises. File No. 1301

Councilman Carol Rudi moved to place Bill 07-35 on First Reading with the addition in Condition Number six so that it now reads: “The hours of outdoor operations shall be 7:00 AM until sunset”. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0). The Clerk read the Bill.

Councilman Carol Rudi moved to accept the First Reading of Bill 07-35, Waive the Rule and place the Bill on Second and Final Reading. Mayor Pro Tem Mark Revenaugh seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0). The Clerk read the Bill.

Councilman Carol Rudi moved to accept the Second and Final Reading of Bill 07-35 and enact the Bill as Ordinance 4.053. Mayor Pro Tem Mark Revenaugh seconded.

Roll Call Vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0).

Item 11. on the Agenda. FIRST READING BILL 07-36, approving the Litigation Settlement Agreement with Verizon Wireless for payment of Business License Taxes.

Mayor Pro Tem Mark Revenaugh moved to place Bill 07-36 on First Reading. Councilman Wayne Beer seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0). The Clerk read the Bill.

Mayor Pro Tem Mark Revenaugh moved to accept the First Reading of Bill 07-36, Waive the Rule and place the Bill on Second and Final Reading. Councilman Wayne Beer seconded. The vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0). The Clerk read the Bill.

Mayor Pro Tem Mark Revenaugh moved to accept the Second and Final Reading of Bill 07-36 and enact the Bill as Ordinance 4.054. Councilman Wayne Beer seconded.

Councilman Rudi said she only had one comment to make, “one down and how many to go”?

Roll Call Vote: All “aye” – Councilmember Carol Suter, Councilman Wayne Beer, Councilman Carol Rudi, Mayor Pro Tem Mark Revenaugh and Mayor Les Smith. (5-0).

Item 12. on the Agenda. OTHER BUSINESS.

There was no other business.

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 November 12, 2007, 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