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CITY COUNCIL MEETING

MINUTES

MONDAY, OCTOBER 12, 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 October 12, 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, Planning and Development Director; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Dennis Dovel, Parks and Recreation Director; Amy Brusven, Human Resources Director; Donna Kay Taylor, Community Center Manager; Anna Slocum, Assistant Parks and Recreation Director; Jonna Wensel, Community Development Manager; Dave Tedesco, Police Captain; Tony Sage, Information Services Director; Shawnna Funderburk, Assistant to the City Administrator; Janet Pittman, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; and 8 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.        STUDY SESSION SUMMARY OF SEPTEMBER 8, 2009

 

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

 

B.         REGULAR SESSION MINUTES OF SEPTEMBER 14, 2009

 

Council Member King moved to approve the minutes as distributed.  Council Member Moore seconded the motion, which carried 7-0-1.  Council Member Phillips abstained due to absence.

 

C.         SPECIAL SESSION MINUTES OF SEPTEMBER 21, 2009

 

Council Member King moved to approve the minutes as distributed.  Council Member Foster seconded the motion, which carried 7-0-1.  Council Member Phillips abstained due to absence.

 

D.        EXECUTIVE SESSION MINUTES OF SEPTEMBER 21, 2009

 

Council Member King moved to approve the minutes as distributed.  Council Member Moore seconded the motion, which carried 7-0-1.  Council Member Phillips abstained due to absence.

 

E.         SPECIAL REGULAR SESSION MINUTES OF SEPTEMBER 21, 2009

 

Council Member Duncan moved to approve the minutes as distributed.  Council Member King seconded the motion, which carried 7-0-1.  Council Member Phillips abstained due to absence.

 

F.         STUDY SESSION SUMMARY OF SEPTEMBER 21, 2009

 

Council Member Watt moved to approve the meeting summary as distributed.  Council Member King seconded the motion, which carried 7-0-1.  Council Member Phillips abstained due to absence.

 

V.        CITIZENS? PARTICIPATION

 

Sheriff Bob Boydston spoke regarding the extension of Clay County?s law enforcement sales tax.  On the November 3 election ballot, voters will be asked to extend the one-eighth of one percent tax for a period of twelve years for the purpose of providing law enforcement services for the County, including maintenance of current law enforcement facilities and all operational costs to provide for the incarceration of inmates.   A citizen oversight committee will be named to provide oversight of the funds.  Sheriff Boydston requested that Council consider the value of the detention center and, if appropriate, to provide an endorsement of the sales tax extension.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 APPOINTMENTS

 

Liberty Parks & Recreation Board

Appoint Jackie Kennedy to a term expiring 6-1-2012

Appoint Vern Windsor to a term expiring 6-1-2011

 

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

 

VIII.     PUBLIC HEARINGS

 

A.        SANITARY SEWER SYSTEM

 

Staff stated design was initiated on two projects to rehabilitate the City?s aging sanitary sewer collection system.  These projects were submitted to MDNR as ?shovel ready? in an effort to receive Federal economic stimulus funding to maintain the system.  The funding was approved in June 2009 subject to local match identification.  One project will concentrate efforts in the Cantebury, Wilshire, Westboro, Liberty Manor West, Liberty Manor East, Liberty Heights and Southview Estates areas, and the other project will concentrate in the areas around downtown Liberty between the square and William Jewell College.  The combined project costs are estimated to be $3 million.  Staff stated Capital Sales Tax (Liberty 2010) funds have been designated as the funding source for the City?s match of $1.5 million. The Citizen Sales Tax Oversight Committee reviewed this request and stated this is a good infrastructure project in order to take advantage of $1.5 million in grant funding.  While this grant project will not require an adjustment to sewer rates, the MDNR grant compliance submittal does require a public hearing be held in accordance with State law.  The Council will discuss future utility rate adjustments pertaining to operation of the system at a later date.

 

Mayor Canuteson opened the public hearing at 7:11 p.m. and asked if anyone wished to speak. 

 

Thomas Bakely, 1071 Maplewood Court, stated he was concerned that sales tax funds, not intended for that purpose, are going to be used for the sanitary sewer system.  The obligations of the sewer system have not been met for the past two years and he wanted to know if the system was now to be supported by sales tax funds.

 

 Mayor Canuteson asked if anyone else wished to speak.  Seeing no one, he closed the public hearing at 7:15 p.m.

 

Council stated that the intention is not to utilize sales taxes to fund sanitary sewer fund improvements; however, the sewer enterprise fund does not currently have sufficient funds necessary for the grant match.  It was noted that the Infrastructure Task Force determined there is $170 million in infrastructure needs, with approximately $25 million of that in sanitary sewer needs.  If the Citizen Sales Tax Oversight Committee had not approved use of Liberty 2010 funds, the City would not have been able to take advantage of this grant opportunity.  Staff noted that Council could, in the future, choose to issue bonds from the enterprise fund to reimburse the capital sales tax fund.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        A RESOLUTION OF APPRECIATION FOR ROBERT BURKS FOR HIS DEDICATED SERVICE TO THE CITY OF LIBERTY

 

Council Member Phillips moved to approve the resolution.  Council Member Jenness seconded the motion, which carried unanimously and is inscribed in Resolution No.2436.

 

Mayor Canuteson presented the Resolution to Mr. Burks.  Mr. Burks thanked staff for their assistance throughout his tenure on the Parks and Recreation Board and the Parks and Recreation Charitable Fund Advisory Committee.

 

B.         ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM SEPTEMBER 11, 2009 THROUGH OCTOBER 2, 2009 - ORDINANCE

 

Document No. 7071 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. 9501.

 

C.                 AN ORDINANCE AMENDING CHAPTER 4, ?ANIMALS AND FOWL?, OF THE CODE OF THE CITY OF LIBERTY, CLAY COUNTY, MISSOURI  (SECOND READING)

 

Council discussed the proposed ordinance amendment.  Staff noted that they are looking at a ?grandfather? list for residents that, if the ordinance passes, will have more cats than the total combination of dogs and cats allowed.  

 

Document No. 7063 was read.  Council Member Phillips moved to approve the ordinance.  Council Member Brenton seconded the motion, which carried 5-3-0.  Council Members Foster, Jenness and King voted in opposition.  It was not approved by the Chair and is inscribed in Ordinance No. 9502.

 

D.        A RESOLUTION APPROVING A TEMPORARY EVENT LIQUOR LICENSE FOR ST. JAMES SCHOOL EVENT AT 309 SOUTH STEWART ROAD ON NOVEMBER 7, 2009

 

Council Member Moore moved to approve the resolution.  Council Member Jenness seconded the motion, which carried 7-1-0.  Council Member King voted in opposition and is inscribed in Resolution No. 2437.

 

E.         A RESOLUTION IN SUPPORT OF A FOURTH OF JULY CELEBRATION THROUGHOUT THE CITY OF LIBERTY

 

Council Member Phillips moved to approve the resolution.  Council Member Watt seconded the motion, which carried unanimously and is inscribed in Resolution No. 2438.

 

F.         DONIPHAN STREET WATER MAIN REPLACEMENT PROJECT

 

1.         AN ORDINANCE AMENDING ORDINANCE NO. 9471 APPROVING A CONTRACT WITH CLAY COUNTY SANITARY AND DITCHING SERVICES, INC. FOR THE DONIPHAN STREET WATER PROJECT

 

Document No. 7072 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. 9503.

 

            2.         A RESOLUTION ACCEPTING THE DONIPHAN STREET WATER PROJECT

 

Council Member Watt moved to approve the resolution.  Council Member King seconded the motion, which carried unanimously and is inscribed in Resolution No. 2439.

 

G.         AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT FOR IMPLEMENTATION OF NEIGHBORHOOD STABILIZATION PROGRAM CATEGORY 3 GRANT

 

Document No. 7073 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 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. 9504.

 

H.        AN ORDINANCE APPROVING A CONTRACT WITH SUPERIOR BOWEN ASPHALT COMPANY, LLC FOR THE PRINCIPAL ARTERIAL STREET REHABILITATION PROJECT

 

            Council discussed the scope of the project, and the additional $30,000 in City funds that will be required in addition to the grant funding.

 

Document No. 7074 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Duncan seconded the motion, which carried unanimously.

 

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. 9505.

 

X.         OTHER BUSINESS

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips congratulated the Planning and Development Department on the recent Home Fair that was held.  He noted that contractors will be working with Liberty residents and Rebuilding Together Liberty, in regards to the Kansas City weatherization program that provides assistance to lower income homeowners.

 

Council Member Moore thanked Public Works? staff for responding to the sump pump issue on Nashua, and requested similar facilitation on an issue on Franklin Street.

 

Council Member Watt and Mayor Canuteson will be participating in the Rockin? Readers program, sponsored by Cracker Barrel, by reading to children at Manor Hill Elementary later this week.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:07 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk