CITY COUNCIL MEETING
MINUTES
MONDAY, DECEMBER 14, 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 December 14, 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 Paul Jenness, 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; Amy Brusven, Human Resources Director; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Dennis Dovel, Parks and Recreation Director; Brad Boone, Information Specialist III; Diana Adams, Assistant Finance Director; Karan Johnson, Economic and Business Development Manager; Brian Hess, Assistant Public Works Director; Jonna Wensel, Community Development Manager; Anna Slocum, Assistant Parks and Recreation Director; Shawnna Funderburk, Assistant to the City Administrator; Janet Pittman, Deputy City Clerk; George Kapke, legal counsel; Angie Borgedalen, Liberty Tribune; and 25 members of the public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS' PARTICIPATION
Mayor Canuteson read and presented Proclamations to Liberty High School KLHS Broadcasting Students, Anna McKee and Todd Swetnam.
VI. MEETING SCHEDULE
Council Member King moved to approve the resolution. Council Member Moore seconded the motion, which carried unanimously and is inscribed in Resolution No. 2444.
Council Member King moved to approve the resolution. Council Member Moore seconded the motion, which carried unanimously and is inscribed in Resolution No. 2445.
Council Member King moved to acknowledge the election. Council Member Moore seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A. ORDINANCE ACKNOWLEDGING VENDOR PAYMENTS FOR THE PERIOD OF NOVEMBER 13, 2009 TO DECEMBER 4, 2009
In response to Council's questions, staff stated the payment to Dean Machinery was for repairs to the front-end loader. Staff will follow-up on the payment made to Williams & Campo.
1. EXCLUDING KCP&L PAYMENTS - ORDINANCE
Document No. 7091 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 - 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. 9521.
2. KCP&L PAYMENTS - ORDINANCE
Document No. 7092 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 - 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. 9521.
B. ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF LIBERTY, CLAY COUNTY, MISSOURI FOR THE FISCAL YEAR 2010
In response to Council's questions, staff stated there is no capacity in the budget to undertake special service requests such as added enforcement or special events requiring overtime. The Fire Department bills a flat fee for service with the only additional fees being limited to mileage, oxygen, and medications. The City's rates are slightly above the metropolitan average. Medicare and Medicaid generally pay 80% of the rate. If a patient has Medicaid, the portion of the bill not covered by Medicaid must be written off. If a Medicare patient has supplemental insurance, the supplemental insurance can only be charged the remaining 20% of the balance allowed by Medicare. If the Medicare patient does not have supplemental insurance, the patient is personally billed the remaining 20% portion. Council also discussed the 2010 proposed funding level for the Partnership for Community Growth and Development. The $55,000.00 amount proposed for 2010 is a $5,000.00 increase over the 2009 contract amount.
Council Member King moved that the funding for the Partnership for Community Growth and Development be reduced to $50,000. Greg Duncan seconded the motion, which resulted in a vote of 4-4-0. Council Members Jenness, Moore, Brenton and Watt voted in opposition. Mayor Canuteson voted in opposition and the motion failed.
Document No. 7093 was read. Council Member King moved to waive the rules and consider the ordinance on first reading. Council Member Watt 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. 9522.
C. PUBLIC FACILITIES AUTHORITY LEASES
1. ORDINANCE AUTHORIZING THE RENEWAL OF THE LEASE AGREEMENT BETWEEN THE CITY OF LIBERTY, MISSOURI AND THE LIBERTY, MISSOURI PUBLIC FACILITIES AUTHORITY FOR THE LEASE OF THE LIBERTY COMMUNITY CENTER
Document No. 7094 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 Watt seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9523.
2. ORDINANCE AUTHORIZING THE RENEWAL OF THE LEASE AGREEMENT BETWEEN THE CITY OF LIBERTY, MISSOURI AND THE LIBERTY, MISSOURI PUBLIC FACILITIES AUTHORITY FOR THE LEASE OF THE FOUNTAIN BLUFF SPORTS COMPLEX
Document No. 7095 was read. Council Member Watt moved to waive the rules and consider the ordinance on first reading. Council Member Jenness 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. 9524.
D. AMENDMENT TO CITY CODE CHAPTER 29 PERTAINING TO WATER AND SEWER RATES
Council discussed the state of the utility funds. Water and sewer fund revenues have shown distress and as a result operating income has not been sufficient to meet bond requirements. As a requirement of not meeting bond covenants, Burns and McDonnell were hired in 2009 to conduct a rate study. Based on substantial discussion and analysis by staff, the Budget Committee established goals and action steps for these funds. System, billing and operating efficiencies were implemented in 2009. To assist those in the community most vulnerable to cost increases, allowances have been made to implement an income-based senior citizens/disabled individual water/sewer utility bill credit program. For those who qualify, the 2010 credit level would reflect a 15% reduction in utility rates.
1. ORDINANCE AMENDING SECTION 29-25 (A) ?WATER RATES? OF THE CODE OF ORDINANCES OF THE CITY OF LIBERTY, MISSOURI
Document No. 7096 was read. Council Member Brenton 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 Watt seconded the motion, which carried 7-1-0. Council Member Foster voted in opposition. It was approved by the Chair and is inscribed in Ordinance No. 9525.
2. ORDINANCE AMENDING SECTION 29-49.1 "SANITARY SEWER RATES" OF THE CODE OF ORDINANCES OF THE CITY OF LIBERTY, MISSOURI
Document No. 7097 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 Phillips seconded the motion, which carried 7-1-0. Council Member Foster voted in opposition. It was approved by the Chair and is inscribed in Ordinance No. 9526.
3. ORDINANCE ESTABLISHING A $2.00 MONTHLY UTILITY INFRASTRUCTURE REPAIR AND MAINTENANCE FEE TO BE USED FOR REHABILITATING THE WATER AND SEWERAGE SYSTEMS OF THE CITY OF LIBERTY AND ADDING THE USER FEE TO THE SCHEDULE OF FEES
Council discussed implementation of a $2.00/month utility repair and maintenance fee. The proposed fee would be annually reviewed and approved by Council.
Document No. 7098 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 Phillips moved to approve the ordinance. Council Member Moore seconded the motion, which carried 7-1-0. Council Member Foster voted in opposition. It was approved by the Chair and is inscribed in Ordinance No. 9527.
E. ORDINANCE APPROVING A FEE FOR SERVICES AGREEMENT WITH HISTORIC DOWNTOWN LIBERTY, INC. IN THE AMOUNT OF $25,000.
Document No. 7099 was read. Council Member Watt moved to waive the rules and consider the ordinance on first reading. Council Member Jenness seconded the motion, which carried unanimously.
Council Member Phillips 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. 9528.
F. ORDINANCE APPROVING A FEE FOR SERVICES AGREEMENT WITH THE PARTNERSHIP FOR COMMUNITY GROWTH AND DEVELOPMENT IN THE AMOUNT OF $55,000.
Document No. 7100 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 Jenness 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. 9529.
G. ORDINANCE APPROVING THE 2010 KANSAS CITY AREA TRANSPORTATION AUTHORITY CONTRACT FOR THE LIBERTY EXPRESS BUS SERVICE FOR THE 2010 CONTRACT YEAR, IN THE AMOUNT OF $48,521, EFFECTIVE JANUARY 1, 2010 THROUGH DECEMBER 31, 2010
Document No.7101 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 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. 9530.
H. ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT IN THE AMOUNT OF $28,733.92 WITH THE MID-AMERICA REGIONAL COUNCIL SOLID WASTE MANAGEMENT DISTRICT FOR PARTICIPATION IN THE REGIONAL HOUSEHOLD HAZARDOUS WASTE PROGRAM
Document No. 7102 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 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. 9531.
I. RESOLUTION MODIFYING AMBULANCE USER FEES AND SERVICE CHARGES
Council Member Phillips moved to approve the resolution. Council Member Jenness seconded the motion, which carried unanimously and is inscribed in Resolution No. 2446.
J. ORDINANCE APPROVING AN AGREEMENT WITH LIBERTY SPORTS OFFICIALS ASSOCIATION PERTAINING TO OFFICIATING SERVICES FOR BASEBALL/SOFTBALL, BASKETBALL, FLAG FOOTBALL, ADULT KICKBALL AND SOCCER FOR THE LIBERTY PARKS AND RECREATION DEPARTMENT
Document No. 7103 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 Phillips 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. 9532.
K. RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY GRANTS PROGRAM DIRECTORATE
Council Member King moved to approve the resolution. Council Member Watt seconded the motion, which carried unanimously and is inscribed in Resolution No. 2447.
L. SANITARY SEWER REHABILITATION - AARA GRANT
1. ORDINANCE APPROVING A CONTRACT WITH WIEDENMANN & GODFREY CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $928,000 FOR THE SANITARY SEWER REHABILITATION PROJECT - PHASE 1
Document No. 7104 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 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. 9533.
2. ORDINANCE APPROVING A CONTRACT WITH HAVENS CONSTRUCTION COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $1,637,145 FOR THE SANITARY SEWER REHABILITATION PROJECT - PHASE 2
Document No. 7105 was read. Council Member King moved to waive the rules and consider the ordinance on first reading. Council Member Watt seconded the motion, which carried unanimously.
Council Member Watt 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. 9534.
M. ORDINANCE DISCLAIMING AND ABANDONING A CERTAIN SECTION OF RIGHT-OF-WAY ALONG WEST FRANKLIN STREET
Document No. 7106 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 Watt seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9535.
A recess was called at 8:40 p.m. The Mayor reconvened the meeting at 8:55 p.m.
N. RESOLUTION GRANTING A CERTIFICATE OF APPROPRIATENESS FOR HDRC CASE NO. 09-013D
Tim Flook, Mr. Staton's attorney, stated the applicant purchased the home with the intention of repairing it and reselling it as a single family residence. The applicant was seeking a certificate of appropriateness to replace approximately 28 to 39 wood windows with more cost and energy efficient vinyl windows. Mr. Flook stated that Council had previously approved an after the fact application for vinyl replacement windows.
Council discussed the application, merits and concerns of vinyl window products, and whether or not prior approvals set a precedent. Council stated they would like to have a joint meeting with the Historic District Review Committee to review the historic district design guidelines pertaining to allowable types of replacement windows.
Mayor Canuteson stated this was not a public hearing but asked if anyone wished to comment. Barbara Lozier, 438 Moss Avenue, stated she was an owner of a historic property and was concerned about the message approving of this appeal would send to individuals who have adhered to the design guidelines. She discussed the merits of repairing and conserving original wood windows, and their long term sustainability.
Council Member King moved to approve the resolution. Council Member Foster seconded the motion, which carried 5-3-0. Council Members Phillips, Brenton and Duncan voted in opposition. It is inscribed in Resolution No. 2448.
X. OTHER BUSINESS
A. REIMBURSEMENT TO MISSOURI DEPARTMENT OF NATURAL RESOURCES (MDNR) IN THE AMOUNT OF $21,537.21 FOR ANNUAL COSTS ASSOCIATED WITH LEE CHEMICAL SITE
In response to Council's questions, staff stated the amount payable to MDNR fluctuates from year to year. Staff has been in discussions with MDNR, but at this time there is no specified date as to when the remediation effort will be considered complete.
Council Member Moore moved to approve the payment. Council Member Phillips seconded the motion, which carried unanimously.
B. ADOPTION OF LEGISLATIVE PROGRAM
Council Member Moore moved to adopt the legislative program. Council Member Jenness seconded the motion, which carried unanimously.
XI. MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR
XII. MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council thanked staff and residents for making the Winter Carnival a great success.
XIII. ADJOURNMENT
The meeting adjourned at 10:25 p.m.
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Mayor
Attest:
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Deputy City Clerk