CITY COUNCIL MEETING

MINUTES

MONDAY, APRIL 26, 2010

 

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 April 26, 2010 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 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; Tony Sage, Information Services Director; Shawnna Funderburk, Assistant to the City Administrator; Diana Adams, Assistant Finance Director; Katherine Sharp, Planner; Karan Johnson, Economic and Business Development Manager; Janet Pittman, Deputy City Clerk and 25 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

V.        CITIZENS' PARTICIPATION

           

            Mayor Canuteson congratulated Megan Day, winner of Liberty's Salute to Freedom poster contest, and Michael Scheible, winner of Liberty's Salute to Freedom logo contest.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 REGULAR SESSION MINUTES OF APRIL 12, 2010

 

Council Member Watt moved to approve the minutes as distributed.  Council Member King seconded the motion, which carried unanimously.

 

B.                 SPECIAL SESSION MINUTES OF APRIL 19, 2010

 

Council Member Watt moved to approve the special session minutes as distributed.  Council Member King seconded the motion, which carried unanimously.

 

C.                 EXECUTIVE SESSION MINUTES OF APRIL 19, 2010

 

Council Member Watt moved to approve the executive session minutes as distributed.  Council Member King seconded the motion, which carried unanimously.

 

D.                 AUTHORIZE EXECUTIVE SESSION TO BE HELD APRIL 26, 2010 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS PERSONNEL MATTERS AS AUTHORIZED BY 610.021(3) RSMo AND CONTRACT NEGOTIATIONS AS AUTHORIZED BY 610.021(12) RSMo - MOTION

 

Council Member Watt moved to authorize the executive session.  Council Member King seconded the motion, which carried unanimously.

 

E.                  APPOINTMENTS

 

                        Citizen Sales Tax Oversight Committee

·         Reappoint Patrice Clark to a term expiring 5/15/2013

 

                        Liberty Arts Commission

·         Reappoint Carol Kariotis to a term expiring 5/15/2013

·         Reappoint Sara Peterson-Davis to a term expiring 5/15/2013

·         Reappoint Philip Young to a term expiring 5/15/2013

·         Reappoint Greg Duncan to a term expiring 5/15/2013

 

Liberty Community Christmas Tree

·         Reappoint Amy Abbiatti to a term expiring 5/1/2013

·         Reappoint Charlie Carpenter to a term expiring 5/1/2013

 

Planning and Zoning Commission

·         Appoint Ann Waterman to a term expiring  01/01/2011

 

Council Member Watt moved to approve the appointment.  Council Member King seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.     RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW THE TEMPORARY SALE OF FIREWORKS BY UNCLE SAM'S FIREWORKS, FROM JUNE 20 TO JULY 5, 2010, AT 300 NORTH CHURCH ROAD, PURCELL CONSTRUCTION, LIBERTY, MISSOURI [P&Z 10-003SUP]

 

Mayor Canuteson opened the public hearing and asked if anyone wished to speak in favor of the application.   Mayor Canuteson asked if anyone wished to speak in opposition to the application.  Seeing no one, he closed the public hearing.

 

Council Member Jenness moved to approve the resolution.  Council Member Phillips seconded the motion, which carried unanimously and is inscribed in Resolution No. 2455.

 

B.     RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW THE TEMPORARY SALE OF FIREWORKS BY COMPTON'S FIREWORKS, FROM JUNE 20 TO JULY 5, 2010, AT 1760 NORTH CHURCH ROAD, ROGER'S PLAZA LOT 3, LIBERTY, MISSOURI [P&Z 10-004SUP]

 

Mayor Canuteson opened the public hearing and asked if anyone wished to speak in favor of the application.   Mayor Canuteson 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 Jenness seconded the motion, which carried unanimously and is inscribed in Resolution No. 2456.

 

C.         RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A ONE HUNDRED  FIFTY FOOT MONOPOLE CELL TOWER AT 401 SKYLINE DRIVE [P&Z 10-005SUP]

 

Curtis Holland, Polsinelli & Shughart, spoke on behalf of the applicant.  Mr. Holland noted that the proposed 150 ft. monopole location and size are needed to enhance AT&T's mobility service in downtown Liberty.  Currently, there is an 80 ft. monopole on the same site; however, that belongs to another service provider and there are no plans to remove it or co-locate services on the proposed monopole at this time.  Staff noted that because the Unified Development Ordinance states that all six findings must be satisfied, and the application does not satisfy finding four (R-6 zoning district does not allow exposed monopoles), staff recommended denial.  The Planning and Zoning Commission voted to recommend approval of the application with guidance for staff to look into making amendments to the Wireless Facilities Ordinance. 

 

Council discussed the application and noted concerns about the height of the tower in a zoning district that doesn't currently allow exposed monopoles.

 

Mayor Canuteson opened the public hearing and asked if anyone wished to speak in favor of the application.   Mayor Canuteson asked if anyone wished to speak in opposition to the application.  Seeing no one, he closed the public hearing.

 

Council Member King moved to approve the resolution.  Council Member Jenness seconded the motion, which failed to carry by a vote of 3-5-0.  Council Members Watt, Jenness, Phillips, Brenton and Moore voted in opposition.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ORDINANCE ACKNOWLEDGING VENDOR PAYMENTS FOR THE PERIOD OF  APRIL 2 TO APRIL 16, 2010

 

1.       EXCLUDING KCP&L PAYMENTS

 

Document No. 7157 was read.  Council Member King moved to approve the vendor payments.  Council Member Brenton 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. 9582.

 

2.       KCP&L PAYMENTS - ORDINANCE

 

Document No. 7158 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 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. 9582

 

B.                 ORDINANCE AMENDING ORDINANCE NO. 9390 - WHICH IS THE ADOPTED BUDGET OF 2009 FOR THE CITY OF LIBERTY, MISSOURI

 

Document No. 7159 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 Moore seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No.9583.

 

C.                 ORDINANCE AUTHORIZING THE ISSUANCE OF TAX INCREMENT REVENUE BONDS (ROGERS PLAZA PROJECT) SERIES 2010 IN A MAXIMUM PRINCIPAL AMOUNT OF $6,000,000 OF THE CITY OF LIBERTY, MISSOURI AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE BONDS

 

Document No. 7160 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 King seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9584.

 

D.                 ORDINANCE APPROVING THE THIRD AMENDMENT TO THE TAX INCREMENT FINANCING REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY AND ROGERS SPORTING GOODS AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE THE THIRD AMENDMENT

 

Document No. 7161 was read.  Council Member Jenness moved to waive the rules and consider the ordinance on first reading.  Council Member King seconded the motion, which carried unanimously.

 

Council Member Watt 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. 9585.

 

E.                  ORDINANCE APPROVING A CONTRACT WITH THE KANSAS CITY METROPOLITAN CRIME COMMISSION PERTAINING TO THE CRIME STOPPERS' TIPS HOTLINE PROGRAM IN THE GREATER KANSAS CITY AREA IN THE AMOUNT OF $1,000.

 

Document No. 7162 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 Jenness seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9586.

 

F.                  ORDINANCE APPROVING A CONTRACT WITH MUSSELMAN & HALL CONTRACTORS LLC FOR STREET MAINTENANCE - CRACK SEALING IN AN AMOUNT NOT TO EXCEED $100,280.

 

Document No. 7163 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 Moore moved to approve the ordinance.  Council Member Phillips seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9587.

 

G.                 RESOLUTION APPROVING COST SHARING RATES FOR MEDICAL MONTHLY PREMIUMS

 

Council Member Phillips moved to approve the resolution.  Council Member Jenness seconded the motion, which carried unanimously and is inscribed in Resolution No. 2457.

 

X.         OTHER BUSINESS

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:10 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

_____________________________________

Deputy City Clerk