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CITY COUNCIL MEETING
MINUTES
TUESDAY, MAY 26, 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 May 26, 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 Harold Phillips, 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; Craig Knouse, Police Chief; Mike Snider, Deputy Fire Chief; Dennis Dovel, Parks and Recreation Director; Anna Slocum, Assistant Parks and Recreation Director; Karan Johnson, Planning and Economic Development Manager; LeAnn Lawlor, Aging Services Coordinator; Jonna Wensel, Community Development Manager; Shawnna Funderburk, Assistant to the City Administrator; Janet Pittman, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; and 25 members of the public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS’ PARTICIPATION
Fay Bedinger, 232 W. Franklin spoke regarding personal freedoms. She stated that good causes are wrapped up in very bad laws, and it is eroding businesses’ ability to operate as they see fit. Eventually regulation will result in small business disappearing because they will no longer be viable, and asked Council to take this into consideration as they review items brought before them for approval.
VI. MEETING SCHEDULE
VII. CONSENT AGENDA
A. EXECUTIVE SESSION MINUTES OF MAY 4, 2009
Council Member King moved to approve the minutes as distributed. Council Member Duncan seconded the motion, which carried unanimously.
B. STUDY SESSION SUMMARY OF MAY 4, 2009
Council Member King moved to approve the meeting summary as distributed. Council Member Duncan seconded the motion, which carried unanimously.
C. REGULAR SESSION MINUTES OF MAY 11, 2009
Council Member King moved to approve the minutes as distributed. Council Member Duncan seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
A. RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW THE TEMPORARY SALE OF FIREWORKS BY GARRETT’S WORLDWIDE ENTERPRISES, LLC, FROM JUNE 20 TO JULY 5, 2009, AT 101 N. FOREST AVENUE, LIBERTY, MISSOURI
In response to Council’s questions, staff stated that there is no limit to the number of firework stands that can operate within the City. Special use permits allow for more flexibility regarding signage, and each is reviewed on a case by case basis. The temporary firework stands do collect/remit sales tax. Once the special use permit is approved, the businesses must obtain an occupation license from the Deputy City Clerk’s office. With the occupation license they are provided a flyer that they are required to copy and distribute with every sale. The flyer outlines the dates and times that fireworks are permitted within the City.
Mayor Canuteson opened the public hearing and asked if anyone wished to speak in favor of the application. Mayor Canuteson asked if anyone wished to speak in opposition to the application. Seeing no one, he closed the public hearing.
Council Member King moved to approve the resolution. Council Member Moore seconded the motion, which carried unanimously and is inscribed in Resolution No. 2413.
B. RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW THE TEMPORARY SALE OF FIREWORKS BY COMPTON’S FIREWORKS, FROM JUNE 20 TO JULY 5, 2009, AT 1760 NORTH CHURCH ROAD, ROGER’S PLAZA LOT 3, LIBERTY, MISSOURI
Mayor Canuteson opened the public hearing and asked if anyone wished to speak in favor of the application. Mayor Canuteson asked if anyone wished to speak in opposition to the application. Seeing no one, he closed the public hearing.
Council Member King moved to approve the resolution. Council Member Jenness seconded the motion, which carried unanimously and is inscribed in Resolution No. 2414.
C. RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW THE TEMPORARY SALE OF FIREWORKS BY ANGEL’S FIREWORKS, FROM JUNE 20 TO JULY 5, 2009, AT STEWART COURT, LOT 2, SHOPPES AT LIBERTY TRIANGLE, LIBERTY, MISSOURI
Mayor Canuteson opened the public hearing and asked if anyone wished to speak in favor of the application. Mayor Canuteson asked if anyone wished to speak in opposition to the application. Seeing no one, he closed the public hearing.
Council Member Watt moved to approve the resolution. Council Member Duncan seconded the motion, which carried unanimously and is inscribed in Resolution No. 2415.
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM MAY 1, 2009 THROUGH MAY 15, 2009 - ORDINANCE
In response to Council’s question, staff stated that check #113216 for $5,991.72 to Midway Ford was for repairs to one of the Aging Services buses. The bus is approximately 8 years old.
Document No. 7021 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 – 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. 9458.
B. ORDINANCE ACCEPTING A FINAL PLAT OF WESTOVER COMMONS, SECOND PLAT, REPLAT OF LOT 3 INTO 13, A SUBDIVISION OF LAND IN LIBERTY, CLAY COUNTY, MISSOURI
In response to Council’s questions, staff stated that construction has begun and it is now time for the applicant to set the lot lines. This will provide legal descriptions that are required for the future sale of the properties. The home owners association will be responsible for maintaining the common area within the development. In response to Council’s concern that the buildings do not appear to look like the renderings that were approved, staff stated that there hasn’t been any changes made to the materials to be used. Inspectors do go out frequently to ensure that what was approved is included in the project.
Mayor Canuteson offered an opportunity for public comment. No one wished to speak.
Document No. 7022 was read. Council Member Brenton 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. 9459.
C. RESOLUTION APPROVING A TEMPORARY EVENT LIQUOR LICENSE FOR HISTORIC DOWNTOWN LIBERTY, INC. ON WATER STREET (BETWEEN KANSAS AND FRANKLIN) ON SATURDAY, JUNE 13, 2009
In response to Council’s questions, event organizer David Bradley stated there will be minors in attendance at the event. Council Member King stated he would vote against the Resolution because there would be minors present. Council Member Foster stated he was opposed to allowing alcohol at public events when it was first proposed, and he too would vote in opposition. Council Member Brenton stated this event is similar to going to a Royal’s game where alcohol is available, and he had confidence that the organizers would ensure that the liquor would be dispensed appropriately.
Council Member Jenness moved to approve the resolution. Council Member Phillips seconded the motion, which carried 6-2-0 and is inscribed in Resolution No. 2416. Council Members King and Foster voted in opposition.
D. RESOLUTION IN SUPPORT OF A GRANT APPLICATION TO THE MISSOURI NEIGHBORHOOD STABILIZATION PROGRAM, CATEGORY 3
In response to Council’s questions, staff stated that the City was successful in a previous grant application under the program. The proceeds from that grant will be disbursed shortly, and a cooperative agreement with the other participating communities will be brought to Council for consideration.
Council Member King moved to approve the resolution. Council Member Watt seconded the motion, which carried unanimously, and is inscribed in Resolution No. 2417.
E. ORDINANCE ACCEPTING A UTILITY EASEMENT FOR POLE RELOCATION TO ALLOW FOR CONSTRUCTION OF THE SAFE ROUTES TO SCHOOLS PROJECT
Document No. 7023 was read. Council Member King moved to waive the rules and consider the ordinance on first reading. Council Member Foster seconded the motion, which carried unanimously.
Council Member Watt moved to approve the ordinance. Council Member Brenton seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9460.
F. ORDINANCE APPROVING AN AGREEMENT WITH THE KANSAS CITY AREA TRANSPORTATION AUTHORITY FOR TRANSPORTATION ASSISTANCE FOR THE LIBERTY ACCESS BUS SERVICE
In response to Council’s questions, staff stated this is not a bid for service. These funds come from a federal program that encourages special transportation for the elderly and handicapped.
Document No. 7024 was read. Council Member King moved to waive the rules and consider the ordinance on first reading. Council Member Brenton seconded the motion, which carried unanimously.
Council Member Brenton moved to approve the ordinance. Council Member Phillips seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9461.
G. SMOKING PETTION
In response to Council’s questions, legal counsel George Kapke reviewed the requirements as set forth in State Statute that state Council shall pass the petitioners’ ordinance without alteration within 20 days after attachment of the Clerk’s certification accompanying the petition; or submit the question without alteration to the vote of the voters. Council discussed the issue.
Mayor Canuteson offered an opportunity for public comment. Teresa Ruiz, Director of Government Relations for the American Cancer Society, stated that the Missouri Clean Air Act is a guideline not a mandate. She noted that metro-area communities whose smoking ordinances have been challenged have been struck down. Kathy Bedinger, 650 N. Lightburne, stated she was at the polls when the petition was being circulated and the impression being given was that the petition was to support the issue being put on a ballot so that the voters could decide. Margie Stambersky, owner of Retro Bowl, stated that the individuals that signed the petition are not her customers. She noted that bowling centers in cities that have banned smoking are closing because the bowlers are going to other cities where smoking isn’t prohibited. She requested that the issue be put on a ballot. Clay Losier, 438 Moss Avenue, stated that he spent the day at the election polls holding a clip board that said ‘Smoke Free Liberty’ on it and people would flock to him to sign the petition. He requested that the Council adopt the petitioners’ ordinance as he believes it would be passed by the voters, and this way it would save the City the cost of an election.
Council Member Phillips moved to consider the ordinances in reverse order. He stated that since the City only has two options it would be prudent to consider the Ordinance that would be no cost to the City first. Council Member Brenton seconded the motion, which failed 3-5-0. Council Members King, Watt, Duncan, Foster and Moore voted in opposition.
1) AN ORDINANCE CALLING AN ELECTION IN THE CITY OF LIBERTY, MISSOURI ON THE QUESTION OF WHETHER TO REPEAL SECTION 22-66, “SMOKING PROHIBITED IN CERTAIN PLACES IN THE CITY OF LIBERTY, MISSOURI”, CONSISTING OF SECTIONS 22-66.1 THROUGH 22-66.13 AND ENACTING IN LIEU THEREOF A NEW SECTION 22-66, ENTITLED “PROHIBITIONS ON SMOKING IN ENCLOSED PLACES OF EMPLOYMENT AND PUBLIC PLACES”, CONSISTING OF SECTIONS 22-66.1 THROUGH 22-66.10, PROHIBITING SMOKING IN ENCLOSED PLACES OF EMPLOYMENT, ENCLOSED PUBLIC PLACES AND ESTABLISHING PENALTIES FOR NON-COMPLIANCE
Document No. 7025 was read. Council Member Jenness moved to waive the rules and consider the ordinance on first reading. Council Member Watt seconded the motion, which failed to carry unanimously.
Mayor Canuteson stated that the ordinance would be on second reading at a Special Session Council Meeting scheduled for Wednesday, May 27 at 7:30 p.m.
Council discussed the need to handle this issue expeditiously, and that delaying action for another week would serve no useful purpose. Council Members noted concern that a Special Session meeting was called when not all Council Members may be able to be present, and the precedent that this might set.
Council Member Phillips made a motion to have a second reading of the ordinance on June 1 at 7:00 p.m. Council Member Brenton seconded the motion, which failed 3-5-0. Council Members King, Watt, Jenness, Foster and Moore voted in opposition.
2) AN ORDINANCE AMENDING CHAPTER 22, “OFFENSES – MISCELLANEOUS”, OF THE CODE OF ORDINANCES, BY REPEALING SECTION 22-66, “SMOKING PROHIBITED IN CERTAIN PLACES IN THE CITY OF LIBERTY, MISSOURI”, CONSISTING OF SECTIONS 22-66.1 THROUGH 22-66.13 AND ENACTING IN LIEU THEREOF A NEW SECTION 22-66, ENTITLED “PROHIBITIONS ON SMOKING IN ENCLOSED PLACES OF EMPLOYMENT AND PUBLIC PLACES”, CONSISTING OF SECTION 22-66.1 THROUGH 22-66.10, PROHIBITING SMOKING IN ENCLOSED PLACES OF EMPLOYMENT, ENCLOSED PUBLIC PLACES AND ESTABLISHING PENALTIES FOR NON-COMPLIANCE
Document No. 7026 was read. There was no motion to waive the rules and consider the ordinance on first reading.
Mayor Canuteson stated that the ordinance would be on second reading at a Special Session Council Meeting that was scheduled for Wednesday, May 27 at 7:30 p.m.
X. OTHER BUSINESS
XI. MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR
City Administrator Curt Wenson stated there would be no Study Session on June 1.
XII. MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council Member Phillips encouraged the new Council Members to attend the Missouri Municipal League’s Newly Elected Official training session. He noted that he was disappointed that when a Council Member expresses a point of personal privilege the Council does not take it into consideration.
Council Member Watt stated that he had attended a legislative wrap up meeting last week. He also attended an open house at Immacolata Manor, and noted that they had applied for, and received, a grant to make a number of necessary repairs to the building.
Council Member King thanked the Police Officers responsible for patrolling the Claybrooke area and assisting the neighbors with the challenges they face down there. He, along with Council Member Foster, thanked Steve Hansen and the Public Works staff for their efforts to pick up trash from three Ward IV neighborhoods that Allied Waste skipped picking up on Friday.
XIII. ADJOURNMENT
The meeting adjourned at 8:40 p.m.
__________________________________
Mayor
Attest:
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Deputy City Clerk
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