CITY COUNCIL MEETING
MINUTES
MONDAY, DECEMBER 13, 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 December 13, 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 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 Nick King, Ward IV. Also in attendance were Curt Wenson, City Administrator; Dan Estes, Assistant City Administrator; Steve Hansen, Public Works Director; Amy Brusven, Human Resources Director; Craig Knouse, Police Chief; Mike Snider, Acting Fire Chief; Dennis Dovel, Parks and Recreation Director; Tony Sage, Information Services Director; Karan Johnson, Economic and Business Development Manager; Brian Hess, Assistant Public Works Director; Katherine Sharp, Planner; Kathy Goode, Accounting Manager; Celia McBride, Finance Analyst; Anna Slocum, Assistant Parks and Recreation Director; BJ Staab, Sports Complex Manager; Jo Ann Mudge, Police Lieutenant; Shawnna Funderburk, Assistant to the City Administrator; Janet Pittman, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; and 50 members of the public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS' PARTICIPATION
Mayor Canuteson read and presented a Proclamation to the Liberty High School Varsity Cheerleaders, congratulating them on their third State Championship.
Helene Miller, President of Tree Liberty, provided an update of what the group has done within the City in 2010. The group has completed tree pruning, held a pruning clinic, and stated they are willing to help with other tree related issues. Ms. Miller encouraged Council to allocate funds for tree planting, when the budget allows.
Mayor Canuteson recognized Boy Scouts with Troop 374, who are currently working on their communications merit badge.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
A. RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW OFFICE USE AT 139 NORTH WATER STREET [Case No. 10-34 SUP].
Mayor Canuteson opened the public hearing and asked if anyone wished to speak in favor or in opposition of the application. Seeing no one, he closed the public hearing.
Council Member King moved to approve the resolution. Council Member Phillips seconded the motion, which carried unanimously and is inscribed in Resolution No. 2482.
B. ORDINANCE ACCEPTING AND APPROVING A FINAL PLAT OF THE SHOPPES AT LIBERTY TRIANGLE, SIXTH PLAT, A REPLAT OF ALL OF LOT 1 IN LIBERTY, CLAY COUNTY, MISSOURI [Case No. 10-37FP] (not a public hearing)
Document No. 7234 was read. Council Member Watt moved to waive the rules and consider the ordinance on first reading. Council Member Moore 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. 9648.
C. RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A 45,000 SQUARE FOOT DICK'S SPORTING GOODS BUILDING ON LOT C SHOPPES AT LIBERTY TRIANGLE SIXTH PLAT IN LIBERTY, CLAY COUNTY, MISSOURI [Case No. 10-39FDP]
Mayor Canuteson opened the public hearing and asked if anyone wished to speak in favor of the application. John Davis, Star Development Ltd., noted that this would be a very prominent sign and it is intended to be so. These types of signs are demanded by retailers, and this sign is a contingent part of the deal with Dick's. He stated that the developer is trying to keep in touch with the commercial atmosphere and architecture of the development, and noted that only two signs are proposed for the entire development.
Mr. Davis stated that this type and size of signage was first incepted when the Hy-Vee was built and the developer reserved an easement to allow for such a monument sign; however, this sign was not a contingency in the Hy-Vee lease. The developer stated that the proposed sign has been instrumental in marketing to other national retailers.
Mayor Canuteson asked if anyone wished to speak in opposition to the application. Seeing no one, he closed the public hearing.
Council discussed the application and review process, including the requested sign variance. In response to Council's questions, staff noted that the City of Merriam has a process similar to Liberty's; the Dick's in Olathe did not require any variances and Zona Rosa does not allow any monument signs (directional flags are used). Several Council members noted concerns regarding the signage variance requested. The developer stated that they have until February 15th to obtain all necessary government approvals, and he couldn't say if a delay in considering the sign variance would impact the lease agreement or not.
Council Member Foster entered the meeting at 8:00 p.m.
Further consideration of this item was withheld until later in the meeting. After review of Item D., Council discussion of this matter resumed.
Council Member Phillips moved to table consideration of the resolution until January 10, 2011. Council Member Brenton seconded the motion, which failed to carry by a vote of 3-5-0. Council Members King, Watt, Jenness, Foster and Moore voted in opposition.
Council Member King moved to approve the resolution. Council Member Jenness seconded the motion.
Council Member Phillips stated he wanted the record to show that he was supportive of Dick's coming to Liberty, but would be voting no because he had a problem with procedure only. Council Member Brenton stated he wanted the record to show that staff and the applicant were both inadequate in the information provided on the signage. Council also discussed the concern that non-compliant sign contingencies are included in lease negotiations prior to signage variances receiving Council approval.
The motion carried 7-1-0, with Council Member Phillips voting in opposition. It is inscribed in Resolution No. 2483.
D. ORDINANCE APPROVING A PETITION TO ESTABLISH THE FORMATION OF THE CROSSROADS SHOPPING CENTER COMMUNITY IMPROVEMENT DISTRICT AND DECLARING THE AREA WITHIN THE DISTRICT A BLIGHTED AREA
Charles Renner, Husch Blackwell, stated they are facing increased vacancies on the site and this proposal is an investment in attracting new tenants. Representatives from Maxus, the property management company, stated that the project would be completed in phases, starting with the space to be vacated by Feldman's. They are working through some tenant concerns regarding collection of the additional sales tax.
Mayor Canuteson opened the public hearing and asked if anyone wished to speak in favor of or in opposition of the application. David Crowdus, owner of Godfather's Pizza, stated he is excited about the re-facing of the shopping center, especially since a project a few years back didn't help to capture drive-by traffic as hoped. He noted that some tenants that have the tax already built into their prices do have concerns about collecting the additional CID amount. He would like to see that the project is accounted for, and completed as proposed.
Ethel Brown, 609 Butternut, stated she is opposed to Community Improvement Districts as they impose a tax without citizens' knowledge, and very little effort is made by businesses to make citizens aware. She believes it is the City's responsibility to clearly inform residents of taxes they pay, and this can be done through signage or by disclosing rates on sales receipts.
Seeing no one else wishing to speak, the Mayor closed the public hearing.
Staff noted that they are working with the CID districts within the City to determine an appropriate mechanism to disclose the additional tax collected, whether it be a sticker on the cash register, signage, etc. Council also requested that the CID Board include a tenant member.
Document No. 7235 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 Jenness seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9649.
E. ORDINANCE ADOPTING AND APPROVING THE DEVELOPMENT PLAN SUBMITTED BY THE 12 WEST KANSAS REDEVELOPMENT CORPORATION, DESIGNATING THE REDEVELOPMENT AREA DESCRIBED WITHIN THE DEVELOPMENT PLAN AS A BLIGHTED AREA IN NEED OF DEVELOPMENT AND REDEVELOPMENT, AND AUTHORIZING CERTAIN TAX ABATEMENTS WITHIN THE REDEVELOPMENT AREA DESCRIBED WITHIN THE DEVELOPMENT PLAN.
Mayor Canuteson opened the public hearing and asked if anyone wished to speak in favor of or in opposition of the application. Seeing no one, he closed the public hearing.
Document No. 7236 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. 9650.
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A. ORDINANCE ACKNOWLEDGING VENDOR PAYMENTS FROM NOVEMBER 12, 2010 THROUGH DECEMBER 3, 2010
Document No. 7237 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 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. 9651.
B. ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF LIBERTY, CLAY COUNTY, MISSOURI FOR THE FISCAL YEAR 2011
Document No. 7238 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 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. 9652.
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. 7239 was read. Council Member Jenness 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 Jenness seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9653.
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. 7240 was read. Council Member Phillips moved to waive the rules and consider the ordinance on first reading. Council Member Moore 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. 9654.
D. RESOLUTION MODIFYING THE MONTHLY UTILITY INFRASTRUCTURE REPAIR AND MAINTENANCE FEE
Council Member King moved to approve the resolution. Council Member Moore seconded the motion, which carried unanimously and is inscribed in Resolution No. 2484.
E. ORDINANCE APPROVING A FEE FOR SERVICES AGREEMENT IN THE AMOUNT OF $25,000. WITH HISTORIC DOWNTOWN LIBERTY, INC.
Document No. 7241 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 Watt seconded the motion, which carried unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9655.
F. ORDINANCE APPROVING A FEE FOR SERVICES AGREEMENT IN THE AMOUNT OF $55,000. WITH THE PARTNERSHIP FOR COMMUNITY GROWTH AND DEVELOPMENT
Document No. 7242 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. 9656.
G. ORDINANCE APPROVING THE 2011 KANSAS CITY AREA TRANSPORTATION AUTHORITY (KCATA) CONTRACT FOR THE LIBERTY EXPRESS BUS SERVICE FOR THE 2011 CONTRACT YEAR, IN THE AMOUNT OF $49,582, EFFECTIVE JANUARY 1, 2011 THROUGH DECEMBER 31, 2011
Document No. 7243 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 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. 9657.
H. ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE MID-AMERICA REGIONAL COUNCIL SOLID WASTE MANAGEMENT DISTRICT IN THE AMOUNT OF $30,568. FOR PARTICIPATION IN THE REGIONAL HOUSEHOLD HAZARDOUS WASTE PROGRAM
Document No. 7244 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 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. 9658.
I. ORDINANCE APPROVING THE 2011 OFFICIATING AGREEMENT WITH LIBERTY SPORTS OFFICIALS IN THE AMOUNT OF $105,000. PERTAINING TO OFFICIATING SERVICES FOR BASEBALL/SOFTBALL, BASKETBALL, FLAG FOOTBALL, ADULT KICKBALL, AND SOCCER FOR THE LIBERTY PARKS AND RECREATION DEPARTMENT
Document No. 7245 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. 9659.
J. LIBERTY COMMUNITY CARDIOVASCULAR FITNESS EQUIPMENT
1. MOTION TO PURCHASE OF EQUIPMENT FROM ADVANCED EXERCISE EQUIPMENT IN THE AMOUNT OF $50,425
Council Member Phillips moved to approve the purchase. Council Member Jenness seconded the motion, which carried unanimously.
2. ORDINANCE APPROVING A CERTAIN CONTRACT WITH CLAY COUNTY SAVINGS BANK FOR THE LEASE OF CARDIOVASCULAR FITNESS EQUIPMENT, LOCATED AT THE LIBERTY COMMUNITY CENTER
Document No. 7246 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. 9660.
K. ORDINANCE APPROVING A SEVERANCE AND RELEASE AGREEMENT WITH CH2M HILL OMI
Document No. 7247 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 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. 9661.
X. OTHER BUSINESS
A. APPROVE A BLANKET PURCHASE ORDER FOR LIME FOR THE WATER TREATMENT PLANT FROM MISSISSIPPI LIME IN THE AMOUNT OF $228,750
Council Member Watt moved to approve the purchase. Council Member Jenness seconded the motion, which carried unanimously.
B. APPROVE A BLANKET PURCHASE ORDER FOR SODIUM HYPOCHLORITE FOR THE WATER TREATMENT PLANT FROM BRENNTAG IN THE AMOUNT OF $100,000
Council Member King moved to approve the purchase. Council Member Jenness seconded the motion, which carried unanimously.
C. APPROVE THE PURCHASE OF POLICE DEPARTMENT VEHICLES FROM SHAWNEE MISSION FORD IN THE AMOUNT OF $97,836
Council Member Moore moved to approve the purchase from GARY CROSSLEY FORD in an amount not to exceed $98,076. Council Member King seconded the motion, which carried 7-0-1. Council Member Jenness abstained due to a potential conflict of interest.
XI. MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR
XII. MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
XIII. ADJOURNMENT
The meeting adjourned at 10:55 p.m.
__________________________________
Mayor
Attest:
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Deputy City Clerk