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CITY COUNCIL MEETING

MINUTES

MONDAY, APRIL 27, 2009

 

I.                    CALL TO ORDER

 

A regular meeting of the City Council of the City of Liberty, Missouri was held in the Council Chambers at City Hall on April 27, 2009 with Mayor Greg Canuteson presiding.  Mayor Canuteson called the meeting to order at 7:00 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

 

            The invocation was given by Lyndell Brenton, who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Paul Jenness and Harold Phillips, Ward I; Greg Duncan and Jeff Moore, Ward II; Lyndell Brenton and Jeff Watt, Ward III; and Fred Foster and Nick King, Ward IV.  Also in attendance were Curt Wenson, City Administrator; Dan Estes, Assistant City Administrator; Steve Hansen, Public Works Director; Steve Anderson, Development Director; Linda Tyree, Finance Director; Craig Knouse, Police Chief; Mike Snider, Deputy Fire Chief; Dennis Dovel, Parks and Recreation Director; Tony Sage, Information Services Director; Jonna Wensel, Community Development Manager; Kathy Goode, Account Manager; Duane Davidson, Police Lieutenant; JoAnne Mudge, Police Lieutenant; Martha Marks, Animal Control Shelter Attendant; Lindsay Horne, Animal Control Officer, Nicole Miller, Animal Control Officer; Shawnna Funderburk, Assistant to the City Administrator; Janet Pittman, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; and 30 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Canuteson recognized 15 Boy Scouts with Troop 374, who are currently working on their communications and citizenship in the community merit badge.

 

Police Chief Craig Knouse presented Citizen Service Awards to Celeste, Allison and Dillon for their donation of $1,121.00 to the Liberty Animal Shelter.  The department honored these young ladies for their selfless generosity in requesting donations for the shelter, in lieu of birthday gifts.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 SPLIT REGULAR SESSION MINUTES  OF APRIL 13, 2009

 

Council Member King moved to approve the minutes as distributed.  Council Member Jenness seconded the motion, which carried unanimously.

 

B.                 SPECIAL SESSION MINUTES OF APRIL 20 , 2009

 

Council Member King moved to approve the minutes as distributed.  Council Member Jenness seconded the motion, which carried unanimously.

 

C.                 EXECUTIVE SESSION MINUTES OF APRIL 20, 2009

 

Council Member King moved to approve the minutes as distributed.  Council Member Jenness seconded the motion, which carried unanimously.

 

D.                 APPOINTMENTS

 

Liberty Parks & Recreation Charitable Fund Advisory Committee

Appoint Anna Marie Martin to a term expiring 1-1-2010

 

Council Member King moved to approve the appointment.  Council Member Jenness seconded the motion, which carried unanimously.

 

E.                  AUTHORIZE EXECUTIVE SESSION TO BE HELD APRIL 27, 2009 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS LITIGATION MATTERS AS AUTHORIZED BY 610.021(1) RSMo; REAL ESTATE MATTERS AS AUTHORIZED BY 610.021(2) RSMo; AND CONTRACT NEGOTIATIONS AS AUTHORIZED BY 610.021(12) RSMo – MOTION

 

Council Member King moved to authorize the executive session.  Council Member Jenness seconded the motion, which carried unanimously

 

F.                  AUTHORIZE EXECUTIVE SESSION TO BE HELD MAY 4, 2009 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE STUDY SESSION TO DISCUSS LITIGATION MATTERS AS AUTHORIZED BY 610.021(1) RSMo; REAL ESTATE MATTERS AS AUTHORIZED BY 610.021(2) RSMo; AND CONTRACT NEGOTIATIONS AS AUTHORIZED BY 610.021(12) RSMo – MOTION

 

Council Member King moved to authorize the executive session.  Council Member Jenness seconded the motion, which carried unanimously

 

VIII.     PUBLIC HEARINGS

 

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM APRIL 3, 2009 THROUGH APRIL 17, 2009

 

1.         EXCLUDING KCP&L PAYMENTS – ORDINANCE

 

Document No. 7009 was read.  Council Member King moved to approve the vendor payments.  Council Member Brenton seconded the motion.  Vote on the motion was as follows:  Council Member Phillips – yes; Council Member Moore – yes; Council Member Brenton – yes; Council Member Foster – yes; Council Member Jenness – yes; Council Member Duncan – yes; Council Member Watt – yes; Council Member King – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 9447.

 

2.         KCP&L PAYMENTS – ORDINANCE

 

Document No. 7010 was read.  Council Member King moved to approve the vendor payments.  Council Member Jenness seconded the motion.  Vote on the motion was as follows:  Council Member Phillips – yes; Council Member Moore – yes; Council Member Brenton – abstain; Council Member Foster – yes; Council Member Jenness – yes; Council Member Duncan – yes; Council Member Watt – yes; Council Member King – yes.  The motion carried 7-0-1; with Council Member Brenton abstaining, due to a potential conflict of interest.  It was approved by the Chair and inscribed in Ordinance No. 9447.

 

B.                 ELECTION OF MAYOR PRO TEM

 

1.       Council Member Jenness moved to elect Greg Duncan as Mayor Pro Tem for a term ending April 12, 2010.    Council Member Phillips seconded the motion, which carried unanimously.

 

2.       Council Member King moved to elect Paul Jenness as Mayor Pro Tem for the term April 12, 2010 to April 11, 2011.    Council Member Duncan seconded the motion, which carried unanimously.

 

C.         AMENDMENT TO CHAPTER 21, ARTICLE II ‘ABATEMENT – WEEDS’ OF THE CODE OF THE CITY OF LIBERTY - ORDINANCE

 

            In response to Council’s questions, staff stated that when weeds exceed six inches in a developed area, or 12 inches in an undeveloped area, notice is sent to the property owner and/or resident to abate the nuisance within 10 days.  Following the 10 days notice, the resident has an additional five days to comply.  If the weeds are not abated within the 15 days, the City may mow the weeds and charge the cost to the owner.  The owner may directly reimburse the costs to the City, or the City may place a lien upon the property.  The fee for mowing charged to the owner is $175 per hour, which includes the City’s costs of labor, fuel, and equipment.  An administrative fee of $25 is included to cover the cost of staff time.  Currently, the City is required to send a notice for each occurrence.  The proposed amendment would allow the City to cause the abatement of the second and subsequent violations without further notice. The proposed amendment does not increase the mowing cost from what is currently being charged.  Last year approximately 80 notification letters were sent out with 51 forced mows of 35 different properties.

 

Mayor Canuteson offered an opportunity for public comment. 

 

Thomas Beakley, 1071 Maple Woods Court, asked if the City was responsible for maintenance of the median along South Liberty Parkway because the weeds there exceed the allowable height.  In response, staff stated that the medians contain natural grasses which require low maintenance; however, sometimes these are mistaken as weeds.

 

Document No. 7011 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Watt seconded the motion, which carried unanimously.

 

Council Member Phillips moved to approve the ordinance.  Council Member Jenness seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9448.

 

D.        AMENDMENT TO CHAPTER 20, ARTICLE I, ‘IN GENERAL’ AND ARTICLE XIII. ‘STOPPING, STANDING AND PARKING’ OF THE CODE OF THE CITY OF LIBERTY - ORDINANCE

 

Mayor Canuteson offered an opportunity for public comment.   No one wished to speak.

 

Document No. 7012 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which failed to carry unanimously.

 

Mayor Canuteson stated this item will come before Council on second reading at the May 11, 2009 regular session.

 

E.                  ORDINANCE AMENDING ORDINANCE NO. 9240 – ADOPTION OF THE 2008 BUDGET FOR THE CITY OF LIBERTY- ORDINANCE

 

In response to Council’s questions, staff stated that historically final updates to the prior year budget have been done after the close-out of the applicable fiscal year.  In the future, Council will see a change in this procedure as a result of enhancements made to the budget development and review process.  Council discussed street lights, and how the system is operated and maintained.  There was also discussion related to the compensation payout and insurance deductible accounts that are comprised of funds that are placed in a reserve for future costs and are designed to provide some level of protection to City budgets from unplanned associated expenses.

 

Document No. 7013 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which failed to carry unanimously.

 

Mayor Canuteson stated this item will come before Council on second reading at the May 11, 2009 regular session.

 

F.         ORDINANCE AMENDING ORDINANCE NO. 9390 – ADOPTION OF THE 2009 BUDGET FOR THE CITY OF LIBERTY - ORDINANCE

 

            In response to Council’s questions, staff stated that encumbrances result from an approved 2008 purchase which due to the timing of the receipt of the good or service cannot be paid by the end of the 2008 fiscal year, but will be paid in 2009 when the goods are received or the service completed.  To ensure proper budgetary treatment of all encumbrances, open amounts are totaled by fund and reservation on fund balances are made during the 2008 year-end close.

 

Document No. 7014 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which failed to carry unanimously.

 

Mayor Canuteson stated this item will come before Council on second reading at the May 11, 2009 regular session.

 

            Council Member King moved to add discussion of these two ordinances to the May 4 study session agenda.  Council Member Foster seconded the motion, which carried unanimously.

 

G.         CONTRACT FOR SERVICES WITH THE KANSAS CITY METROPOLITAN CRIME COMMISSION FOR THE CRIME STOPPERS TIPS HOTLINE - ORDINANCE

 

Document No. 7015 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Moore seconded the motion, which carried unanimously.

 

Council Member King moved to approve the ordinance.  Council Member Jenness seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9449.

 

H.                 SECOND AMENDMENT TO THE COOPERATIVE AGREEMENT FOR SEWER SERVICE BETWEEN THE CITY OF KANSAS CITY AND THE CITY OF LIBERTY – ORDINANCE

 

Mayor Canuteson offered an opportunity for public comment.   Fay Bedinger, 232 W. Franklin, asked what it would take for Liberty to have its own sewer system and if anyone has given it some thought.  Staff stated that a study was completed and there would be significant expense to building a sewer treatment plant.  In the event funding was available, there is no guarantee that the City would be granted a permit for this operation and funds would be better spent in addressing inflow and infiltration issues associated with the current system.  Thomas Beakley, 1071 Maple Woods Court, questioned the urgency of approving this contract with Kansas City.  He stated that Kansas City can’t just stop our service and questioned how the City got into this situation.

 

Staff will continue to work with Kansas City regarding opportunities to reduce escalating treatment costs. 

 

Document No. 7016 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Duncan seconded the motion, which carried unanimously.

 

Council Member Duncan  moved to approve the ordinance.  Council Member Jenness seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9450.

 

I.          APPLICATION WITH THE MISSOURI DIVISION OF HIGHWAY SAFETY FOR A HIGHWAY SAFETY LAW ENFORCEMENT GRANT - RESOLUTION

 

Council Member King moved to approve the resolution.  Council Member Foster seconded the motion, which carried unanimously and is inscribed in Resolution No. 2410.

 

X.         OTHER BUSINESS

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

City Administrator Curt Wenson stated that staff will add the 2008 and 2009 budget amendment items to the May 4 study session for further discussion.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Moore requested that staff look at a natural spring that is causing issues on Franklin Street.

 

Council Member King stated that there is still pooling occurring along the Kansas Street bump outs.  He noted, as part of economic stimulus efforts, it was announced at the Clay County Economic Development meeting that sales tax on new vehicles can be written off.

 

Mayor Canuteson announced that the Science and Technology Task Force will be comprised of: Kevin Prine (Chair), Greg Whittaker, Jeff Watt, Blane Baker and Craig Swanson; and the Green Task Force will be comprised of:  Kim-Marie Graham (co-Chair), Rich Job (co-Chair), Greg Duncan, Kenan Rader, Kris Nardini, Dawn McKinney Maxwell and Pat Miller.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:40 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk