CITY COUNCIL MEETING
MINUTES
MONDAY, OCTOBER 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 October 26, 2009
with Mayor Pro Tem Greg Duncan presiding. Mayor Pro Tem Duncan called the
meeting to order at 7:00 p.m.
II. INVOCATION AND PLEDGE OF
ALLEGIANCE
The invocation
was given by Nick King, who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by 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; Karan Johnson, Planning and
Economic Development Manager; Steve Anderson, Planning Director; Craig Knouse,
Police Chief; Gary Birch, Fire Chief; Dennis Dovel, Parks and Recreation
Director; Tony Sage, Information Services Director; Brad Boone, Information
Specialist III; Laurie Sutton, Information Specialist II; Shawnna Funderburk,
Assistant to the City Administrator; Janet Pittman, Deputy City Clerk; Legal
Counsel George Kapke; Angie Borgedalen, Liberty Tribune; and 13 members of the
public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT
AGENDA)
V. CITIZENS?
PARTICIPATION
Craig
Porter, Clay County Commissioner, presented Council with a copy of the November
3rd ballot language regarding the extension of the 1/8 cent law
enforcement tax. He noted how important passage of the tax is to the ongoing
operation of the Clay County Detention Center, and requested City Council?s support.
Marty
and Linda Martin, 241 W. Franklin, spoke regarding the Tour of Missouri, a professional
cycling race. They participated this year as volunteers and said the race
draws thousands of spectators, resulting in an economic impact of approximately
$38 million. They urged the City of Liberty, because of the economic impact and exposure for the
City, to explore being a host City for the 2011 race.
Mayor
Pro Tem Duncan read and presented proclamations to Rachel Lindsay and Kristen
Wright, congratulating them on being named Commended Students by the National
Merit Scholar Program.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
Council
Member Brenton stated he would recuse himself from the next item on the agenda
due to a potential conflict of interest and left the meeting at this time.
A. AN ORDINANCE AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF LIBERTY, MISSOURI BY REZONING 8.14 ACRES LOCATED AT 2250 NORTH CHURCH FROM
R-1A, SUBURBAN RESIDENTIAL DISTRICT TO BP, BUSINESS PARK DISTRICT
Mayor Pro Tem Duncan opened the public hearing and
asked if anyone wished to speak in favor of the application. Mayor Pro Tem
Duncan asked if anyone wished to speak in opposition to the application.
William Sieker, 2280
N. Church Road, stated his property is
adjacent to the property being rezoned and is concerned that the legal
description may be incorrect. He noted he is supportive of the application;
however, he would like assurance that the survey is correct prior to Council
approval of the rezoning. Staff stated that there was previously an error in
the legal description, but that it had been corrected and verified.
Seeing no one else wishing to speak, Mayor Pro Tem
Duncan closed the public hearing.
Document No. 7075 was read. Mayor Pro Tem Duncan
stated that this item would be on second reading at the November 9, 2009
meeting and requested that staff provide Mr. Sieker with a copy of the survey
for his review.
Council Member
Brenton returned to the meeting at this time.
B.
A RESOLUTION APPROVING A SPECIAL
USE PERMIT TO ALLOW A COMMERCIAL KITCHEN IN A HOME BASED BUSINESS AT 1553
CHAUNCEY AVENUE
Staff presented Council with a petition signed by the
applicant?s neighbors, noting their support of the application. Staff stated
that the application does not meet the standards of review for a special use
permit and recommended denial. Though building code allows, commercial
kitchens in home based businesses such as this are prohibited in the City?s
Uniform Development Ordinance (UDO). The Planning and Zoning Commission voted
to recommend approval with a vote of 8-0 with the stipulation that the approved
special use permit shall sunset two years after the opening of the business, at
which time the applicant could reapply for the special use permit to ensure
that if the use is found to be not compatible, it can be reevaluated. The
Planning Commission further requested that the UDO be amended to allow for
commercial kitchens in home based businesses.
Larry Madson, 1553
Chauncey Avenue, stated he is
requesting the commercial kitchen so that he may obtain certification from the
Clay County Health Department which would allow him to sell his breads at the
local farmers markets.
Mayor Pro Tem Duncan opened the public hearing and
asked if anyone wished to speak in favor of the application. Mayor Pro Tem
Duncan asked if anyone wished to speak in opposition to the application.
Seeing no one, he closed the public hearing.
Council Member Phillips moved to approve the resolution.
Council Member Brenton seconded the motion, which carried unanimously and is
inscribed in Resolution No. 2440.
C. SPECIAL USE PERMIT TO ALLOW A BUSINESS USE
IN THE FORM OF OFFICES AT 202 W. FRANKLIN
Staff stated that the applicant had withdrawn his
application. Mayor Pro Tem Duncan opened the public hearing and asked if
anyone wished to speak. Seeing no one, he closed the public hearing.
Council Member Brenton moved to dismiss the case.
Council Member King seconded the motion, which carried unanimously.
D. AMENDMENTS
TO THE UNIFIED DEVELOPMENT ORDINANCE
Staff requested that the case be dismissed to allow
for further review. Mayor Pro Tem Duncan opened the public hearing and asked if
anyone wished to speak. Seeing no one, he closed the public hearing.
Council Member Phillips moved to dismiss. Council
Member Moore seconded the motion, which carried unanimously.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A.
ACKNOWLEDGEMENT OF VENDOR PAYMENTS
FROM OCTOBER 2, 2009 THROUGH OCTOBER 16, 2009
1.
EXCLUDING KCP&L
PAYMENTS ? ORDINANCE
Document No. 7076 was read. Council Member King moved
to approve the vendor payments. Council Member Foster 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
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. 9506.
2.
KCP&L PAYMENTS ? ORDINANCE
Document No. 7077 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 Phillips ? yes; Council Member Moore ? yes;
Council Member Brenton ? abstain; Council Member Foster ? 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. 9506.
B. AN ORDINANCE DISCLAIMING AND
ABANDONING SANITARY SEWER EASEMENTS - OAKWOOD BUSINESS PARK, TRACT 11
Document No. 7078 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 Moore seconded the motion, which carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9507.
C.
CITY OF LIBERTY TELECOMMUNICATION SYSTEM
Council discussed issues related to the
installation of a replacement phone system. Staff noted that the current
service provider had been unable to fulfill the terms of the contract as
promised, resulting in negative and reduced service delivery to residents.
1.
AN ORDINANCE APPROVING
A LEASE PURCHASE AGREEMENT WITH KEY GOVERNMENT FINANCE, INC. OF SUPERIOR, COLORADO IN AN AMOUNT NOT TO EXCEED $284,550.72 FOR
TELEPHONE EQUIPMENT AND NETWORK EQUIPMENT RELATED TO THE INSTALLATION OF THE
PHONE SYSTEM
Document No. 7079 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 Watt seconded the motion, which carried
unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9508.
2.
AN ORDINANCE APPROVING
AN AGREEMENT WITH ALEXANDER OPEN SYSTEMS OF OVERLAND PARK,
KANSAS IN AN AMOUNT NOT TO EXCEED $45,000 FOR
INSTALLATION AND CONFIGURATION SERVICES RELATED TO THE PHONE SYSTEM
Document No. 7080 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 Brenton seconded the motion, which carried
unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9509.
3.
AN ORDINANCE APPROVING
AN AGREEMENT WITH UNITE PRIVATE NETWORKS OF KEARNEY, MISSOURI FOR
AUTHORIZATION OF A MASTER TELECOMMUNICATIONS SERVICE AGREEMENT AND PRICING
SCHEDULES FOR SERVICES RELATED TO THE VOICE AND DATA TELECOMMUNICATIONS
Document No. 7081 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 Brenton 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. 9510.
X. OTHER BUSINESS
XI.
MISCELLANEOUS MATTERS FROM CITY
ADMINISTRATOR
XII.
MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
City
Council thanked the members of the Citizen Sales Tax Oversight Committee for
their diligent work.
Council
Member Phillips noted that on November 3,
2009 Liberty residents will have the opportunity to vote for a
smoke-free Liberty. He also noted that the Jewell neighborhood recently
completed a neighborhood planning process, and if successful, is hopeful that
the process can be duplicated in other neighborhoods.
Council
Member Moore requested that staff obtain further information regarding the Tour
of Missouri.
Council
Member Duncan expressed concern regarding the Westover Commons project. He
noted that the project seems different from what was presented to Council for
approval. He asked for clarification of what can transpire with developments
from the time they are approved until they are built out. Staff stated they
are compiling a report that will be provided to Council next week.
XIII. ADJOURNMENT
The meeting adjourned at 8:40
p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk