CITY COUNCIL MEETING
MINUTES
MONDAY, AUGUST 10, 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 August 10, 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 Fred Foster, 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 Anderson,
Development Director; Craig Knouse, Police Chief; Dennis Dovel, Parks and
Recreation Director; Diana Adams, Assistant Finance Director; Amy Brusven,
Human Resources Director; Brian Hess, Assistant Public Works Director; Denny
Persall, Parks and Open Space Manager; Tony Sage, Information Services
Director; Shawnna Funderburk, Assistant to the City Administrator; Janet
Pittman, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; and 22 members
of the public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT
AGENDA)
V. CITIZENS? PARTICIPATION
A.
INFRASTRUCTURE TASK FORCE REPORT
Juarenne Hester, Task Force Chair, introduced Task
Force members Steve Hawkins, Kyle Geiger, Kevin Graham, Joey Dugdale, Randy Eggleston
and Jeff Moore. Kevin Graham presented the report which focused on streets/roads,
sanitary sewer, water system and facility needs. The report stated the City?s
infrastructure is old, inefficient and not maintained as it needs to be. The
result is there is approximately $170 million in infrastructure needs. The
Task Force noted the importance of minimizing inflow to reduce the amount of
water that is needlessly treated; reduce the amount of water the City is losing
from the current 23% to 10-15%; focus on maintenance of roads; and continue to
work with Clay County with respect to space needs. The Task Force stated
they are also in favor of reinstating neighborhood improvement projects, which
is a proactive approach to replacing aging infrastructure.
The Mayor and Council thanked the Task Force for their
efforts, and noted that all Task Force reports would be available on the City?s
website.
VI. MEETING SCHEDULE
Council Member Moore requested that Council receive a
copy of the bylaws prior to considering the resolution. Staff will provide
Council with a copy of the bylaws and the resolution will be considered at the August 24, 2009 meeting.
In response to Council?s questions, Mary Margaret
Parish, Soroptomists International, stated that no one under the age of 21
would be allowed into the Beer Garden area. There will be security at the entrance to
check identification. Ms. Parish noted that the Liberty Area Chamber of
Commerce would not be participating or endorsing the event.
Council Member Jenness moved to approve the
resolution. Council Member Brenton seconded the motion, which carried 7-1-0. Council
Member Foster voted in opposition. It is inscribed in Resolution No. 2428.
In response to Council?s questions, Steve Karol,
speaking on behalf of the Martha Lafite Thompson Nature Sanctuary, stated this
would be an artist?s reception, award ceremony and fundraising event. Mr.
Karol noted there may be some individuals under 21 in attendance; however, they
would be willing to restrict attendance if Council directed.
Council Member Phillips moved to approve the
resolution. Council Member Moore seconded the motion, which carried 7-1-0. Council
Member King voted in opposition. It is inscribed in Resolution No. 2429.
Jay Lemmons (term to expire 9-1-2012)
Mary Cravens (term to expire 9-1-2012)
LeRoy Coe (term to expire 9-1-2012)
Robert Corum (term to expire 9-1-2011)
Coni Hadden (term to expire 9-1-2011)
VIII. PUBLIC HEARINGS
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JULY 17, 2009 THROUGH
JULY 31, 2009 - ORDINANCE
In response to Council?s questions regarding the
number of Sam?s Club memberships; multiple charges for the community center
diving board; LEED webinar reimbursement; and charges for pothole repair, staff
stated they would follow up and respond to Council. In response to Council?s
questions regarding the Flintlock Flyover, the Mayor stated that it is a
Federal requirement that the required easements be acquired prior to a project
going to bid.
Document No. 7043 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. 9476.
B. APPROVE AN ORDINANCE AUTHORIZING
RE-ESTABLISHMENT OF PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND
SUBSTANTIAL INTERESTS FOR CERTAIN MUNICIPAL OFFICIALS AND EMPLOYEES
Document No. 7044 was read. Council Member Phillips
moved to waive the rules and consider the ordinance on first reading. Council
Member King seconded the motion, which carried unanimously.
Council Member King moved to approve the ordinance.
Council Member Watt seconded the motion, which carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9477.
C.
APPROVE A RESOLUTION AUTHORIZING
THE FILING OF A GRANT APPLICATION WITH THE MISSOURI DEPARTMENT OF NATURAL
RESOURCES FOR RESTORATION OF RECREATION TRAILS WITHIN THE CITY OF LIBERTY, MISSOURI
Council Member Phillips moved to approve the
resolution. Council Member Jenness seconded the motion, which carried
unanimously and is inscribed in Resolution No. 2430.
D.
APPROVE AN ORDINANCE APPROVING AN
INTERLOCAL AGREEMENT WITH THE CITIES OF BELTON AND RAYTOWN FOR
IMPLEMENTATION OF NEIGHBORHOOD STABILIZATION PROGRAM TIER 1 GRANT
In response to Council?s questions, staff stated the
administration of the grant will be managed by the Mid-America Regional Council
(MARC) Small Cities Program, and that a community development corporation would
manage the real estate transactions and rehabilitation activities. Staff is
trying to determine if there will be an opportunity to act in an advisory
capacity in determining qualifying properties.
Document No. 7045 was read. Council Member Phillips
moved to waive the rules and consider the ordinance on first reading. Council
Member Brenton 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. 9478.
E.
SOLICITATION ON PUBLIC STREETS
In response to Council?s questions, staff stated the Kansas Street corridor,
between 291 Hwy. to the Interstate 35 overpass, were excluded from the proposed
ordinance. The corridor is the slowest in the City and 40% of all accidents
and traffic citations occur in that area. If solicitation was allowed traffic
would be slowed even further.
Louie
Wright, 6320 Manchester Avenue, Kansas City, spoke on behalf of the International Association of
Fire Fighters Local 42. He encouraged Council to adopt the ordinance as it
would then allow the fire fighters to participate in the annual ?Fill the Boot?
campaign in support of the Muscular Dystrophy Association.
Darrell
Smith, 1412 SW. 25th Street, Blue Springs, Regional Director of the Muscular Dystrophy
Association (MDA), stated that the association is completely funded by private
contributions and fire fighters have been participating for over 50 years.
There are a number of individuals in Liberty that receive assistance from the MDA, and donations
fund research as well as treatment.
Leann
Smallcheck, 1501 N. Withers, stated the MDA is a great association, and though
it may be an inconvenience to be stopped with a boot it is more of an
inconvenience to have muscular dystrophy, she urged Council to support the
Ordinance.
1. APPROVE AN ORDINANCE AMENDING CHAPTER 24,
?SOLICITORS AND CANVASSERS,? OF THE CITY CODE OF THE CITY OF LIBERTY, CLAY COUNTY, MISSOURI
Document No. 7046 was read. Council Member King moved
to waive the rules and consider the ordinance on first reading. Council Member
Jenness seconded the motion, which carried unanimously.
Council Member Brenton stated that he would be voting
in opposition to the ordinance because although he supports the MDA he was
concerned about the liability and danger of having pedestrians in the roadway,
and he would like them to solicit in a more pedestrian friendly environment
similar to the Salvation Army bell ringing campaign.
Council Member King stated he would be voting in favor
of the ordinance. He noted he has personal experience with the MDA; and these
fire fighters, well prepared and trained because of the work that they do,
would do a careful and excellent job in providing this valuable service to the
community.
Council Member King moved to approve the ordinance.
Council Member Foster seconded the motion, which carried 7-1-0. Council
Member Brenton voted in opposition. It was approved by the Chair and is
inscribed in Ordinance No. 9479.
2. APPROVE AN ORDINANCE AMENDING CHAPTER 20,
?MOTOR VEHICLES AND TRAFFIC?, SECTION 20-111, ?PEDESTRIAN TRAVEL ON ROADWAYS?
OF THE CITY CODE OF THE CITY OF LIBERTY, CLAY COUNTY, MISSOURI
Document No. 7047 was read. Council Member King moved
to waive the rules and consider the ordinance on first reading. Council Member
Jenness 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. 9480.
F.
APPROVE AN ORDINANCE GRANTING A
RIGHT OF ACCESS EASEMENT
Document No. 7048 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 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. 9481.
G.
ORDINANCE APPROVING A SETTLEMENT
AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE
COMPANY AND RELATED ENTTITES RELATING TO PAYMENT OF BUSINESS LICENSE TAXES
Staff stated the City is part of an ongoing
independent negotiation group of 25 cities in Missouri relating to telephone
tax litigation filed by class action attorneys against various telephone
companies. The back tax payment to the City is estimated to be $360,228.65,
but that number is subject to possible adjustment, with a final estimate amount
to be received on August 24, 2009. In response to Council?s questions, staff stated
that legal expenses for the lawsuit are billed as a group. Staff will seek
clarification on whether or not accepting the settlement will subject the City
to future litigation.
Document No. 7049 was read. The Mayor stated the
Ordinance will be on second reading on August 24, 2009.
X. OTHER BUSINESS
XI.
MISCELLANEOUS MATTERS FROM CITY
ADMINISTRATOR
XII.
MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Moore expressed concern about the water leak on Jewell Street.
Staff will follow up on the matter.
Council
Member Brenton thanked the Infrastructure Task Force and expressed the
importance of referring back to the report on an ongoing basis when the annual
budget is developed.
Council
Member Foster asked about the fire at a compost business on Sunday. Staff
stated that the Liberty Fire Dept., as well as others, responded to the fire
and the Department of Natural Resources will be contacted to examine the
business.
Council
Member King, as well as other Council Members, thanked the Infrastructure Task
Force Committee for their efforts. Council Member King also thanked Jay
Lemmons for his assistance with recent repairs at Fairview Cemetery.
XIII. ADJOURNMENT
The meeting adjourned at 8:20
p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk