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CITY COUNCIL MEETING

MINUTES

MONDAY, JUNE 22, 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 June 22, 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 Jeff Watt, 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; Gary Birch, Fire Chief; Dennis Dovel, Parks and Recreation Director; Tony Sage, Information Services Director; Amy Brusven, Human Resources Director; Mike Snider, Deputy Fire Chief; Jim Simpson, Deputy Police Chief; Jonna Wensel, Community Development Manager; Karan Johnson, Planning and Economic Development Manager;

Shawnna Funderburk, Assistant to the City Administrator; Janet Pittman, Deputy City Clerk; legal counsel Chris Williams; Angie Borgedalen, Liberty Tribune; and 12 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

V.        CITIZENS? PARTICIPATION

 

Mary Cravens, 300 Manor Lane, stated that she contacted the Police Department on Saturday, June 20 after discovering the cemetery had been vandalized.  She also tried to contact the Mayor and City Council to ensure that the damage was repaired in a timely manner.  Ms. Cravens and her uncle have contacted local churches and area organizations to gather volunteers to assist with the clean-up effort.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

            Council Member Foster requested that the Regular Session Minutes of June 8 be corrected to reflect the vendor payment question regarding repair of the City Hall steps was a check to Roger Powell Construction, not Johnson & Sons Monument.

 

A.                 REGULAR SESSION MINUTES OF JUNE 8, 2009

 

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

 

B.                 STUDY SESSION SUMMARY OF JUNE 8, 2009

 

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

 

C.                 ACKNOWLEDGE SETTLEMENT OF CLAIM AND AUTHORIZE PAYMENT OF DEDUCTIBLE ? RESOLUTION

 

Council Member King moved to approve the resolution.  Council Member Jenness seconded the motion, which carried unanimously and is inscribed in Resolution No. 2418.

 

D.                 APPOINTMENTS

 

Historic District Review Commission

Appoint Doug Wilson to a term expiring 7-1-2014

Appoint Kelley Wrenn Pozel  to a term expiring 7-1-2012

 

City Prosecutor

Reappoint Tom McGiffin to a term expiring 7-1-2013

 

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

 

VIII.     PUBLIC HEARINGS

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM MAY 29, 2009 THROUGH JUNE 12, 2009

 

In response to Council?s questions, staff stated that attendance at the floodplain conference was for certification training purposes. Staff noted that only the first couple of words appear in the payment authorization description, so in some instances there are more items included in a purchase than what is reflected on the report.  The utility benches purchased for the Community Center are to replace existing benches in the workout area for safety reasons.  The rabies shots were for the animal control staff , and   funds from the animal shelter donation account were used for this purchase.

 

1.                   EXCLUDING KCP&L PAYMENTS - ORDINANCE

 

Document No. 7030 was read.  Council Member King moved to approve the vendor payments.  Council Member Moore 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. 9464.

 

2.         KCP&L PAYMENTS - ORDINANCE

 

Document No. 7031 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. 9464.

 

B.                 RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A 42,621 SQUARE FOOT ADDITION TO LIBERTY HOSPITAL, IN LIBERTY, CLAY COUNTY, MISSOURI

 

Council Member Duncan moved to approve the resolution.  Council Member Jenness seconded the motion, which carried unanimously and is inscribed in Resolution No. 2419.

 

C.                 RESOLUTION GRANTING A CERTIFICATE OF APPROPRIATENESS FOR HDRC CASE NO. 09-004D

 

In response to Council?s questions, staff stated that the Historic District Review Committee (HDRC) design guidelines call for wood or aluminum clad wood windows.  The HDRC adopted guidelines do not go to Council for review and/or approval. Staff stated they utilize the water department?s new customer listing to gather names of those moving into the historic districts.  Information is then sent out to the residents notifying them of the guidelines.  In addition, the City sends a newsletter to residents of the historic districts and also hosts workshops. It was also noted that the installation of vinyl windows on the second floor of the home does not cause a noticeable difference in the streetscape. 

 

Diane Mead, 311 W. Kansas, stated that the second floor was originally an attic before being remodeled into a master suite.  She believes the windows that were replaced were not original to the home.  She stated that when she decided to replace the windows, she was not aware of the design guidelines that prohibit the use of vinyl windows within the historic districts.

 

Council stated that in this case the installation of the windows does not detract from the historical appearance of the home.  The Council noted that they did not wish to undermine HDRC decisions, nor did they want approval of this application to set a precedent in dealing with after the fact grievances.  It was further noted that a lack of awareness of the guidelines is not a valid excuse.

 

Council Member Jenness moved to approve the resolution.  Council Member Moore seconded the motion, which carried unanimously and is inscribed in Resolution No. 2420.

 

D.                 ORDINANCE APPROVING REDEVELOPMENT PROJECT B-1 OF THE LIBERTY TRIANGLE TAX INCREMENT FINANCING PLAN DATED MAY 24, 2007, AS A REDEVELOPMENT PROJECT AND ADOPTING TAX INCREMENT FINANCING THEREIN  (SECOND READING)

 

Council discussed the debt obligation for the project area.  Staff will work with legal and bond counsel to determine options on how to restructure the debt before payment comes due in 2010.

 

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. 9465.

 

E.                  ORDINANCE APPROVING AN AGREEMENT WITH CLAY COUNTY AND THE CLAY COUNTY SHERIFF?S DEPARTMENT FOR THE HOUSING OF MUNICIPAL PRISONERS AT THE CLAY COUNTY DETENTION CENTER

 

 

In response to Council?s questions, staff stated that the City does receive a $5.00 credit for transporting prisoners to/from the Clay County facility.  The agreement does include a maximum of eight inmates at a time; however, should the need arise, the City can ?borrow? space from other entities that also utilize the facility.

 

Document No. 7032 was read.  Council Member Watt moved to waive the rules and consider the ordinance on first reading.  Council Member Duncan seconded the motion, which carried unanimously.

 

Council Member King moved to approve the ordinance.  Council Member Foster seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9466.

 

F.                  ORDINANCE APPROVING AN AGREEMENT WITH MISSOURI DEPARTMENT OF CONSERVATION PERTAINING TO MANAGEMENT OF THE FOUNTAIN BLUFF SPORTS COMPLEX PONDS, LIBERTY, MISSOURI

 

In response to Council?s questions, staff noted that the agreement states that the public must have free access to the ponds.  The game wardens will be responsible for enforcement, including the catch and release pond.  Staff stated that there is sufficient parking at the complex for the complex participants as well as for those fishing.

 

Document No. 7033 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.

 

Council Member Brenton moved to approve the ordinance.  Council Member Foster seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9467.

 

G.                 ORDINANCE APPROVING A CONTRACT WITH AMERICAN EMERGENCY VEHICLES OF JEFFERSON, NORTH CAROLINA FOR THE PURCHASE OF AN AMBULANCE

 

Document No. 7034 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Phillips 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. 9468.

 

H.                 ORDINANCE APPROVING A CONTRACT WITH PATTI BANKS ASSOCIATES FOR NEIGHBORHOOD PLANNING SERVICES

 

In response to Council?s questions, staff stated that one neighborhood within the historic district would be chosen for the program. Upon completion, it is anticipated that staff would be able to replicate the neighborhood plan for other neighborhoods within the City.

 

Document No. 7035 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Duncan seconded the motion, which failed to carry unanimously. 

 

Mayor Canuteson stated that the ordinance would be on second reading at the Regular Session Council Meeting scheduled for July 13, 2009.

 

X.         OTHER BUSINESS

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Members Phillips and Jenness thanked staff and the Police Department for their initiatives concerning the truck traffic on Hwy. 33/Lightburne.

 

Council Member King stated that truck traffic is an issue on Lightburne, but it is also an issue in Ward IV and he would like to see Council establish quiet zones.  He noted there is an erosion repair project currently underway in Ward I and stated that Ward IV has many erosion issues too, and he would like to know if such projects would be carried out in other areas of the City.

 

Council expressed their concern regarding the vandalism done to the cemetery and offered their assistance in the clean-up effort.

 

Mayor Canuteson reminded everyone of the Liberty4thFest celebration to be held at Fountain Bluff Sports Complex at 6:00 p.m. on July 4.  Additionally, there would be a reading of the Declaration of Independence on the Liberty Square at 10:00 a.m. on July 4, in front of the old courthouse.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:30 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk