CITY COUNCIL MEETING

MINUTES

MONDAY, AUGUST 24, 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 24, 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, 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; Celia McBride, Finance Analyst; LeAnn Lawlor, Aging Services Coordinator; Anna Slocum, Assistant Parks and Recreation Director; Shawnna Funderburk, Assistant to the City Administrator; Janet Pittman, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; and 4 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

V.        CITIZENS? PARTICIPATION

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

In response to Council?s questions, staff stated that the bylaws of Midwest Public Risk of Missouri are the same as those of MARCIT.  The Director of Human Resources, named as the member representative, will be responsible for ensuring the member obligations of the City are met.

 

Council Member King asked that the Regular Session Minutes of August 10, 2009 be removed and voted on separately.

 

A.                 STUDY SESSION SUMMARY OF AUGUST 3, 2009

 

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

 

B.                 Resolution approving execution of Midwest public risk of Missouri bylaws.

 

Council Member Moore moved to approve the bylaws.  Council Member Brenton seconded the motion, which carried unanimously.  It is inscribed in Resolution No. 2431.

 

 

C.                 APPOINTMENTS

 

Cemetery Advisory Committee

Sandy Bostian (term to expire 9-1-2010)

Gieselle Fest (term to expire 9-1-2010)

 

Council Member Moore moved to approve the appointments.  Council Member Brenton seconded the motion, which carried unanimously.

 

D.                 REGULAR SESSION MINUTES  OF AUGUST 10, 2009

 

Council Member King requested that comments he made during the meeting pertaining to the solicitation on public streets ordinance be incorporated into the minutes.  Mayor Canuteson stated the minutes would be corrected, and their consideration would be postponed until the September 14, 2009 meeting.

 

VIII.     PUBLIC HEARINGS

 

A.                 Ordinance establishing the 2009 ad valorem tax levies for city operations for budget year 2010

 

Mayor Canuteson opened the public hearing and asked if anyone wished to speak.   Staff stated that Council was provided with an ordinance in their packet that would set the combined levies at $.9868; however, as mentioned in staff?s report and placed before Council is a substitute ordinance that would set the combined levies at $.9715.  In light of the current economic times, establishing the combined levies at $.9715 would result in a revenue neutral approach when applied against existing assessed property values. Council discussed the implications of not raising the levy from the current amount of $.9358.  Mayor Canuteson asked if anyone else wished to speak.  Seeing no one, he closed the public hearing.

 

Document No. 7061 was read.  Mayor Canuteson stated that this ordinance, setting the levy at the highest allowable amount, was one that he didn?t think the Council would move to adopt, second or that he would approve.  Document No. 7050 was read.   The Mayor stated that this substitute ordinance, which would set the combined levies at $.9715 and be revenue neutral, would mean that taxpayers would not be paying an increased amount.

 

Council Member Brenton moved to waive the rules and consider the substitute ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.

 

Council Member Brenton moved to approve the substitute ordinance.  Council Member Jenness seconded the motion.

 

Council discussed the importance of balancing fiscal responsibility and service expectations during these difficult economic times.

 

Council Member King moved to amend the ordinance and leave the levies at the current combined level of $.9358, and use funds from the AT&T settlement to make up any revenue shortfall.  Council Member Foster seconded the motion, which failed to carry by a vote of 2-5-0.  Council Members Moore, Brenton, Jenness, Duncan and Watt voted in opposition.

 

The vote on the main motion, to approve the substitute ordinance setting the combined levies $.9715, passed by a vote of 5-2-0.  Council Members King and Foster voted in opposition.   It was approved by the Chair and is inscribed in Ordinance No. 9482.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JULY 31, 2009 THROUGH AUGUST 14, 2009 - ORDINANCE

 

In response to Council?s question, staff stated that the payment to Power Dry Inc. for emergency floor drying was an insurance requirement to remediate damage to the gym floor at the Community Center that was caused by the severe rainstorm that occurred in May.

 

1.                   EXCLUDING KCP&L PAYMENTS ? ORDINANCE

 

Document No. 7051 was read.  Council Member King moved to approve the vendor payments.  Council Member Watt seconded the motion.  Vote on the motion was as follows:   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. 9483.

 

2.                   KCP&L PAYMENTS ? ORDINANCE

 

Document No. 7052 was read.  Council Member Duncan moved to approve the vendor payments.  Council Member Watt seconded the motion.  Vote on the motion was as follows:  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 6-0-1; with Council Member Brenton abstaining, due to a potential conflict of interest.  It was approved by the Chair and inscribed in Ordinance No. 9483.

 

B.                 SHOPPES AT LIBERTY TRIANGLE

 

1.                   Ordinance disclaiming and abandoning a certain section of right-of-way along blue jay drive.

 

Document No. 7053 was read.  Council Member Jenness 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 Duncan seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9484.

 

2.                   Ordinance disclaiming and abandoning any current and future use of a certain utility easement along blue jay drive

 

Document No. 7054 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 Watt seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9485.

 

C.                 mid-america regional council senior services contracts

 

1.                   ordinance amending ordinance no. 9353 approving an agreement with the mid-america regional council pertaining to senior center administration

 

Document No. 7055 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 Watt seconded the motion, which carried unanimously.  It was not approved by the Chair, due to a potential conflict of interest, and is inscribed in Ordinance No. 9486.

 

2.         ordinance amending ordinance no. 9352 approving an agreement with the mid-america regional council pertaining to special transportation lift/ramp trips, special transportation reserved trips, schedule transportation persons

 

Document No. 7056 was read.  Council Member Jenness moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which carried unanimously.

 

Council Member Jenness moved to approve the ordinance.  Council Member Duncan seconded the motion, which carried unanimously.  It was not approved by the Chair, due to a potential conflict of interest, and is inscribed in Ordinance No. 9487.

 

D.                 ORDINANCE ACCEPTING AND APPROVING AN AUTOMATIC MUTUAL AID AGREEMENT BETWEEN THE CITY OF LIBERTY, MISSOURI FIRE DEPARTMENT AND THE KANSAS CITY, MISSOURI FIRE DEPARTMENT

 

In response to Council?s questions, staff stated that they would provide a status update to Council in six months.

 

Document No. 7057 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 King seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9488.

 

 

 

 

 

E.                  ORDINANCE AMENDING CHApter 20, ?motor vehicles & traffic,? of the code of the city of liberty, clay county, missouri

 

Document No. 7058 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. 9489.

 

F.                  2009 STREET RESTORATION PROJECT

 

1.                   ORDINANCE AMENDING ORDINANCE NO. 9444 APPROVING A CONTRACT WITH SUPERIOR BOWEN ASPHALT COMPANY LLC FOR THE 2009 OVERLAY PROJECT

 

Staff noted that the Citizen Sales Tax Oversight Committee found that this item was consistent with voter intent.

 

Document No. 7059 was read.  Council Member Jenness moved to waive the rules and consider the ordinance on first reading.  Council Member Moore seconded the motion, which carried unanimously.

 

Council Member Jenness moved to approve the ordinance.  Council Member Moore seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9490.

 

2.                   RESOLUTION ACCEPTING THE 2009 OVERLAY PROJECT

 

Council Member King moved to approve the resolution.  Council Member Duncan seconded the motion, which carried unanimously and is inscribed in Resolution No. 2432.

 

G.         Ordinance approving a settlement agreement and binding unilateral agreement with southwestern bell telephone company and related entities relating to payment of business license taxes (second reading)

 

Council Member Jenness 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. 9491.

 

H.                 AN ORDINANCE AMENDING ORDINANCE NO. 9390 ? ADOPTION OF THE 2009 BUDGET FOR THE CITY OF LIBERTY, MISSOURI

 

Staff noted that the Citizen Sales Tax Oversight Committee found that this item was consistent with voter intent.

 

Document No. 7060 was read.  Council Member Moore 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 Moore seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9492.

 

I.                    BLANKET PURCHASE ORDER FOR ROAD SALT

 

Council Member Foster moved to approve the purchase.  Council Member Jenness seconded the motion, which carried 6-0-1.  Council Member King abstained, due to a potential conflict of interest.

 

X.         OTHER BUSINESS

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member King thanked Assistant to the City Administrator Shawnna Funderburk for her work on the AT&T settlement.

 

Mayor Canuteson thanked the City?s State Representative, Senator and City staff for their assistance in facilitating the contact with the Missouri Dept. of Natural Resources regarding the Federal economic stimulus funds grant to assist with the rehabilitation of the City?s aging sanitary sewer collection system.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 7:55 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk