CITY COUNCIL MEETING
MINUTES
MONDAY, AUGUST 23, 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 August 23, 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; Mike Snider, Interim Fire Chief; Dennis Dovel, Parks and Recreation Director; Tony Sage, Information Services Director; Shawnna Funderburk, Assistant to the City Administrator; Katherine Sharp, Planner; Brian Hess, Assistant Public Works Director; James Simpson, Deputy Police Chief, Jonna Wensel, Community Development Manager; Leann Lawlor, Aging Services Coordinator; Karan Johnson, Economic and Business Development Manager; Janet Pittman, Deputy City Clerk; legal counsel George Kapke, Angie Borgedalen, Liberty Tribune; and 50 members of the public.
IV. APPROVE MINUTES AND SUMMARIES
A. STUDY SESSION SUMMARY OF JULY 19, 2010
B. STUDY SESSION SUMMARY OF AUGUST 2, 2010
C. SPECIAL SESSION MINUTES OF AUGUST 9, 2010
D. EXECUTIVE SESSION MINUTES OF AUGUST 9, 2010
E. REGULAR SESSION MINUTES OF AUGUST 9, 2010
V. CITIZENS' PARTICIPATION
Fay Bedinger, 232 W. Franklin, stated that she is concerned about fluoride in the City's water and noted that studies have proven that there is a correlation between fluoride and the increased absorption of aluminum, which has been linked to Alzheimer's disease. She requested that Council stop adding fluoride to the water.
VI. MEETING SCHEDULE
A. RESOLUTION OF SUPPORT FOR THE M-291-I-35 INTERCHANGE IMPROVEMENT PROJECT AND REQUEST FOR FUNDING FROM KANSAS CITY, MO
VIII. PUBLIC HEARINGS
A. RECONSIDERATION OF A MONOPOLE CELL TOWER SPECIAL USE PERMIT AT 401 SKYLINE DRIVE (Cont'd from July 26)
Staff noted that an application for a special use permit (SUP) to allow a 150 foot monopole cell tower at 401 Skyline Drive failed to obtain sufficient votes for approval on April 26, 2010. However, such denial was not made final under the procedures for special use permits set forth in the City's Unified Development Ordinance, which requires an affirmative vote on a resolution for denial.
On June 14, 2010, the City Council instructed staff to prepare the resolution for denial in accordance with the City Code while also authorizing a hearing to take additional evidence regarding the SUP application. This hearing was initially set for July 26, 2010 and thereafter continued to August 23, 2010 by request of the applicants and the City.
The applicants have agreed to reduce the height of the proposed monopole to a maximum height of one hundred feet (100'), reducing the negative impacts on the surrounding neighborhood. Staff noted that the applicants have verbally agreed to the settlement agreement and this action is being approved by mutual agreement.
Mayor Canuteson re-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.
1. A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF LIBERTY, NEW CINGULAR WIRELESS PCS, LLC AND TOWER DEVELOPMENT CORPORATION
Council Member Jenness moved to approve the resolution. Council Member Watt seconded the motion, which carried unanimously and is inscribed in Resolution No. 2471.
2. A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A MONOPOLE CELL TOWER NOT TO EXCEED ONE HUNDRED FEET IN HEIGHT AT 401 SKYLINE DRIVE AND AUTHORIZING ACTION RELATED THERETO
Council Member King moved to approve the resolution. Council Member Phillips seconded the motion, which carried unanimously and is inscribed in Resolution No. 2472.
B. LIBERTY CORNERS (Cont'd from August 9)
1. ORDINANCE APPROVING A PETITION TO ESTABLISH THE FORMATION OF THE LIBERTY CORNERS COMMUNITY IMPROVEMENT DISTRICT AND DECLARING THE AREA WITHIN THE DISTRICT A BLIGHTED AREA
Staff noted that an amended petition had been received. The CID would impose a 1 cent sales tax levy on receipts from sales within the CID area (Price Chopper side of the center only) for 30 years. Staff reviewed the proposed construction improvements and services within the District that would be reimbursable.
Mayor Canuteson re-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.
Ethel Brown, 609 Butternut Lane, stated she shops at the shopping center as does her mother, who resides in Parkview Gardens. Ms. Brown feels this is an unjust tax that is not voted upon by the City's residents. There are already numerous taxes levied on the residents and this particular one only benefits the property owner. She noted there are numerous CID districts within the City and that tax rates should be posted so that the public is aware.
Alicia Stephens, Partnership for Community Growth and Development, stated that the CID is about business retention and recruitment; and this revitalization will entice new businesses to fill vacant store fronts. These businesses would provide additional choices to the consumer as well as increasing sales tax revenue to the City.
Seeing no one else wishing to speak, the Mayor closed the public hearing.
Council Members noted their concern about the length of the right turn lane and requested that staff provide a cost estimate to include this as part of the project.
Document No. 7196 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 Jenness seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9616.
2. ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF LIBERTY, MISSOURI, LIBERTY CORNERS COMMUNITY IMPROVEMENT DISTRICT, AND CENTRO BRADLEY SPE 5, LLC
Document No. 7197 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 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. 9617.
C. ORDINANCE ESTABLISHING THE 2010 AD VALOREM TAX LEVIES FOR CITY OPERATIONS FOR 2011 BUDGET YEAR
Staff stated that State law specifies a calculation process to establish a maximum authorized levy and taxing jurisdictions have the option of adopting a lower levy value. Staff reviewed the two ordinances for Council's consideration. The first one would set the levy at the maximum authorized amount and the other would decrease the levy, essentially resulting in a revenue neutral position for the City. Council discussed the proposed levy rates, and the implication of future levy rates if Council chose to adopt a lower levy rate this year.
Mayor Canuteson opened the public hearing and asked if anyone wished to speak. Seeing no one, he closed the public hearing.
Document No. 7208 was read, setting the levy at a total rate of $1.0171. 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 Jenness seconded the motion, which failed by a vote of 1-7-0. Council Members King, Watt, Jenness, Duncan, Foster, Brenton and Moore voted in opposition.
Document No. 7198 was read, setting the levy at a total rate of $0.9957. 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 Brenton 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. 9618.
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT OF VENDOR PAYMENTS FOR THE PERIOD OF JULY 30 TO AUGUST 13, 2010
1. EXCLUDING KCP&L PAYMENTS - ORDINANCE
Document No. 7199 was read. Council Member King moved to approve the vendor payments. Council Member Jenness 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. 9619.
2. KCP&L PAYMENTS - ORDINANCE
Document No. 7200 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 - 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. 9619
B. ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED PRINCIPAL AMOUNT OF $2,450,000 SPECIAL OBLIGATION REFUNDING BONDS (CLAY COUNTY HEALTH CENTER RELOCATION PROJECT) SERIES 2010 OF THE CITY OF LIBERTY MISSOURI, AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH
Staff stated that the issuance of $2,450,000 Special Obligation Bonds is to refund existing Series 2007 Bonds and eliminate the necessity of a balloon payment on November 1, 2010. It is anticipated that revenue generated from the CCHC site (TIF and CID) will be sufficient to pay debt service on the bonds. Staff noted this would refinance a City guaranteed type obligation and it is not the City's policy to guarantee TIF debt or pledge additional revenues. Council reiterated that these are not new monies being spent. These funds were expended in 2007, for decisions made in 2005, and this action would restructure the debt into special obligations of the City payable solely from amounts pledged or appropriated from revenue on an annual basis. The bonds do not constitute general obligation indebtedness of the City and the City does not pledge its full faith and credit.
Document No.7201 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 approved by the Chair and is inscribed in Ordinance No. 9620.
C. AMENDMENT TO CHAPTER 2, ARTICLE V - CITY BOARDS AND COMMISSIONS OF THE CODE OF THE CITY OF LIBERTY (LIBERTY COMMUNITY CHRISTMAS TREE COMMISSION)
Document No. 7202 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 Jenness 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. 9621.
D. MID-AMERICA (MARC) CONTRACTS FOR SENIOR SERVICES
1. ORDINANCE APPROVING AN AGREEMENT WITH THE MID-AMERICA REGIONAL COUNCIL PERTAINING TO SPECIAL TRANSPORTATION LIFT/RAMP TRIPS, SPECIAL TRANSPORTATION RESERVED TRIPS, SCHEDULED TRANSPORTATION PERSONS - NOT TO EXCEED $70,514.20 WITH MARC
Document No. 7203 was read. Council Member King moved to waive the rules and consider the ordinance on first reading. Council Member Moore seconded the motion, which carried unanimously.
Council Member Foster 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. 9622.
2. ORDINANCE APPROVING AN AGREEMENT WITH THE MID-AMERICA REGIONAL COUNCIL PERTAINING TO SENIOR CENTER ADMINISTRATION AND MEALS ON WHEELS ADMINISTRATION
Document No. 7204 was read. Council Member Watt 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 Foster seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9623.
E. RESOLUTION GRANTING A CERTIFICATE OF APPROPRIATENESS FOR HDRC CASE NO. 10-006LS FOR VINYL REPLACEMENT WINDOWS AS 22 N. MAIN
Staff stated the Secretary of Interior Guidelines is considered best practices for preservation of historic buildings, and the Historic District Review Commision's (HDRC) guidelines are based on those standards. It was noted that the Secretary of Interior Guidelines do not specifically address vinyl windows; however, the HDRC guidelines prohibit them.
Kelly McClelland, speaking on behalf of the property owners, stated that in 1991 HDRC approved modifications to the building that included vinyl clad windows. He noted that guidelines change over time; however, since these are not original wood windows being replaced the same standard should not be applied.
Vernon Reid, Architect and former HDRC Chairperson, stated that the original intentions of HDRC members were to encourage preservation of our historic heritage and to use the Secretary of the Interior Guidelines as recommendations not prohibitions.
Ann Waterman, 215 N. Ridge and adjacent property owner, stated her business is just down the hill from 22 N. Main and noted that the beautiful building brings ambiance to the area. She noted that she was unaware that the existing windows were vinyl.
Mario Usera, President of Clay County Savings Bank, stated his bank has the lien on the property as well as others on the square. It is the property owner's intention to improve the property, and having a business willing to lease it increases comparable property values. The City should welcome new businesses.
Barnie Height, business owner in the Liberty Industrial Park, stated he supports the use of vinyl products in the Historic Districts.
Harry Boggess, 1901 H. Highway and building owner on the square, stated that he felt it is wrong for HDRC guidelines to prohibit petroleum based products and he is in support of the owner's request to replace vinyl clad windows with vinyl windows.
Roger Burnett, 19 N. Water, stated he lives and works on the square and he adhered to the HDRC guidelines when making improvements to his property. He noted that if HDRC guidelines are not going to be enforced then they should be done away with.
Blake Thomas, 308 S. Leonard, stated he was critical of Council approving a case earlier this year that allowed vinyl replacement windows in a home in one of the historic districts. He stated that if Council over rules HDRC's decision yet again then Council should take down the Historic Liberty signs.
Craig Evans, 431 E. Mississippi, stated that he would like to see a CID for the square. These independent business owners receive no assistance from the City. If Council chooses to ignore the useful advice of their professional advisors then they should disband the HDRC.
Josiah James, 417 E. Franklin, stated he is a steward of his historic home and he is trying his best to preserve history. He noted that although he is technologically savvy he was drawn to a historic home. If Council allows this request there will be more that follow.
Jim Snead, 44 E. Kansas, stated he would like to see guidelines/standards to maintain the historic integrity of the City's architecture.
Council Member Jenness moved to approve the resolution. Council Member King seconded the motion, which carried 5-3-0 and is inscribed in Resolution No. 2473. Council Members Duncan, Brenton and Phillips voted in opposition.
F. ORDINANCE AMENDING CHAPTER 20, ARTICLE XIX "TOW SERVICE", OF THE CODE OF THE CITY OF LIBERTY, CLAY COUNTY, MISSOURI
Document No.7205 was read. The ordinance will be heard on second reading at the September 13, 2010 meeting.
G. ORDINANCE APPROVING AN AGREEMENT WITH UTILITY SERVICES CO, INC. FOR WATER TANK MAINTENANCE OF THE NASHUA WATER TOWER - NOT TO EXCEED $139,357.
Staff noted that bids were received from three contractors and included costs for renovation and repairs including: painting of the Nashua Tower; maintenance and various repairs to the Gordon Water Tower, renovation including painting of the water tower and a design for communications equipment mounting on the Nashua Water Tower. The lowest and best bid was submitted by Utility Services Co, Inc. but was above the allocated budget for the project. Staff recommended rejection of all bids because they were well above the available budget. Staff stated an agreement was negotiated with Utility Services Co. Inc. for a revised scope of work.
Council Member King moved to reject the bids. Council Member Phillips seconded the motion, which carried unanimously.
Document No. 7206 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 Duncan seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9624.
H. ORDINANCE APPROVING THAT CERTAIN REAL ESTATE EXCHANGE AGREEMENT WITH HALLMARK CARDS, INCORPORATED FOR THE ACQUISITION OF 42.69 ACRES OF UNDEVELOPED REAL PROPERTY LOCATED NORTH OF SHEPHERD ROAD BETWEEN U.S. ROUTE 69 AND HEARTLAND DRIVE IN LIBERTY, MO (Postponed to September 13, 2010)
I. ORDINANCE AUTHORIZING THE CITY COUNCIL TO APPOINT SEVEN DIRECTORS OF THE LIBERTY ENHANCED ENTERPRISE ZONE BOARD; DEFINING THE PURPOSE AND DUTIES OF THE BOARD; AND PROVIDING FOR ITS ORGANIZATION AND PLAN OF OPERATION
Document No. 7207 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 Watt 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. 9625.
X. OTHER BUSINESS
A. AUTHORIZATION FOR PAYMENT IN THE AMOUNT OF $22,000 TO LIQUID ENGINEERING CORPORATION FOR INSPECTION AND CLEANING OF WATER TREATMENT PLANT CLEARWELLS.
Council Member Phillips moved to authorize the payment. Council Member Watt seconded the motion, which carried unanimously.
XI. MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR
XII. MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
XIII. ADJOURNMENT
The meeting adjourned at 11:50 p.m.
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Mayor
Attest:
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Deputy City Clerk