City Council Meeting

Regular Session Minutes

March 28, 2011

 

 

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 March 28, 2011 with Mayor Pro Tem Paul Jenness presiding.  Mayor Pro Tem Jenness called the meeting to order at 7:00 p.m.

 

II.          INVOCATION AND PLEDGE OF ALLEGIANCE

 

            The invocation was given by Jeff Watt, who then led the pledge of allegiance.

 

III.         ROLL CALL

 

Council Members Present:     Harold Phillips and Paul Jenness, Ward I

Greg Duncan and Jeff Moore, Ward II

Lyndell Brenton and Jeff Watt, Ward III

Fred Foster and Nick King, Ward IV

 

            Council Members Absent:      Greg Canuteson, Mayor

 

            Staff Present:                          Curt Wenson, City Administrator

                                                            Dan Estes, Assistant City Administrator

                                                            Karan Johnson, Economic & Business Dev. Manager

                                                            Steve Hansen, Public Works Director

                                                            Katherine Sharp, Planner

                                                            Mike Snider, Fire Chief

                                                            James Simpson, Acting Police Chief

                                                            Tony Sage, Information Services Director

                                                            Brian Hess, Assistant Public Works Director

                                                            Anna Slocum, Assistant Parks and Recreation Director

                                                            Janet Pittman, Deputy City Clerk

                                                     

            Public Present:                       Angie Borgedalen, Liberty Tribune

                                                            10 members of the public

 

IV.        APPROVE MINUTES AND SUMMARIES

 

V.         CITIZENS' PARTICIPATION

 

VI.        MEETING SCHEDULE

 

VII.       CONSENT AGENDA

 

A.                  Regular Session Minutes of March 14, 2011

 

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

 

B.                 Appointments

 

1.      Tax Increment Financing Commission

a.      Appoint Mark Ellebracht to a term expiring 10-31-2015

 

2.      Cemetery Advisory Committee

a.      Appoint Fran Broderick to a term expiring 9-1-2014

 

Council Member King moved to approve the appointments.  Council Member Phillips seconded the motion, which carried unanimously.

 

VIII.       PUBLIC HEARINGS

 

A.                  Resolution approving a Special Use Permit to allow the temporary sale of fireworks by B&G Fireworks, from June 20 to July 4, 2011, at Victory Drive, Lot 4, Blue Jay Crossing, Liberty, Missouri [11-05SUP]

 

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

 

Council Member King moved to approve the Resolution.  Council Member Duncan seconded the motion, which carried unanimously, and is inscribed in Resolution No. 2492.

 

B.                 Resolution approving a Special Use Permit to allow the temporary sale of fireworks by Ka-Boomers ½ Price Fireworks, from June 25 to July 4, 2011, at 1332 W. Kansas Street, Liberty, Missouri (old Hy-Vee) [11-06SUP]

 

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

 

Council Member Watt moved to approve the Resolution.  Council Member Duncan seconded the motion, which carried unanimously, and is inscribed in Resolution No. 2493.

 

C.                 Resolution approving a Special Use Permit to allow the temporary sale of fireworks by Angel's Fireworks, from June 20 to July 4, 2011, at Stewart Court, Lot 2, Shoppes at Liberty Triangle, Liberty, Missouri [11-07SUP]

 

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

 

Council Member King moved to approve the Resolution.  Council Member Moore seconded the motion, which carried unanimously, and is inscribed in Resolution No. 2494.

 

D.                 Ordinance amending Chapter 30, "Unified Development Ordinance" of the City Code of the City of Liberty, Missouri - Wireless Facilities.

 

Mayor Pro Tem Jenness opened the public hearing and asked if anyone wished to speak in favor, or opposition, of the ordinance.

 

Mike Chambers, Regional Director for AT&T, requested that City Council send the ordinance back to the Planning and Zoning Commission as AT&T would like to work with staff to draft the proposed ordinance.  He stated that the proposed ordinance was drafted by legal counsel with no industry involvement.  He noted that other industry providers would be concerned about the proposed ordinance as well; however, they don't follow these matters as closely. The items of concern are that the ordinance does not address emerging technologies, regulatory process for co-locates, tower size, required building documents to be submitted upon application and the proposed fee schedule.  He stated that this is a very competitive business; consumers do not want to wait; and this proposed ordinance would slow down the process tremendously.  He stated that this industry should not be singled out with a more cumbersome application process and higher fees than any other special use applicant.

 

Curtis Holland, Polsinelli Shughart, spoke on behalf of AT&T, and also requested that the ordinance be remanded back to the Planning and Zoning Commission.  He stated that additional areas of concern are the lease area size requirements and the requirement of disguised antennas.  In commercial and industrial areas, and near highways, he stated that the City shouldn't be as concerned about what an antenna looks like.

 

Seeing no one else wishing to speak, Mayor Pro Tem Jenness then closed the public hearing.

 

Document No. 7278 was read.

 

This ordinance will be on second reading at the April 11, 2011 regular session Council meeting.

 

IX.        ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                  Ordinance establishing fees for Wireless Facilities applications and adding to the Schedule of Fees of the City of Liberty, Missouri.

 

Document No. 7279 was read.

 

Action:      Council Member Brenton moved to waive the rules and consider the ordinance on first reading.  Council Member Duncan seconded the motion.

 

Vote:          Motion passed unanimously.

 

Action:      Council Member Watt moved to approve the ordinance.  Council Member Brenton seconded the motion.

 

Vote:          Motion passed 8-0-0

Yes:           Council Members Phillips, Jenness, Moore, Brenton, Foster, Watt, Duncan and King

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9683.

 

B.                 Ordinance acknowledging Vendor Payments for the period of March 4, 2011 to March 18, 2011.

 

Document No. 7280 was read. 

 

1.      Ordinance excluding KCP&L and Westland Landscape Inc. payments

 

Action:      Council Member King moved to approve the vendor payments.  Council Member Duncan seconded the motion.

 

Vote:          Motion passed 8-0-0

Yes:           Council Members Phillips, Jenness, Moore, Brenton, Foster, Watt, Duncan and King

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9684.

 

2.      Ordinance including KCP&L payments

 

Document No. 7281 was read. 

 

Action:      Council Member Watt moved to approve the vendor payments.  Council Member Phillips seconded the motion.

 

Vote:          Motion passed 7-0-1

Yes:           Council Members Phillips, Jenness, Moore, Foster, Watt, Duncan and King

No:             None

Abstain:     Council Member Brenton, due to potential conflict of interest

Approved by the Chair and inscribed in Ordinance No. 9684.

 

3.      Ordinance including Westland Landscape Inc. payments

 

Document No. 7282 was read. 

 

Action:      Council Member Watt moved to approve the vendor payments.  Council Member King seconded the motion.

 

Vote:          Motion passed 7-0-1

Yes:           Council Members Phillips, Moore, Brenton, Foster, Watt, Duncan and King

No:             None

Abstain:     Council Member Jenness, due to potential conflict of interest

Approved by the Chair and inscribed in Ordinance No. 9684,

 

C.                 Truck Routes

 

1.      Ordinance amending Chapter 20, "Motor Vehicles and Traffic" (establishment of truck routes) of the City Code of the City of Liberty, Missouri. (2^nd reading)

 

Document No. 7276 was read. 

 

Action:      Council Member Moore moved to approve the ordinance.  Council Member Phillips seconded the motion.

 

Vote:          Motion passed 8-0-0

Yes:           Council Members Phillips, Jenness, Moore, Brenton, Foster, Watt, Duncan and King

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9685.

 

2.      Ordinance amending Chapter 20, "Motor Vehicles and Traffic" (speed limit amendment) of the City Code of the City of Liberty, Missouri. (2^nd reading)

 

Document No. 7277 was read. 

 

Action:      Council Member Phillips moved to amend the ordinance to reduce the speed limit to 25 mph on Highway 33, from its intersection with Mill Street to its intersection with Gordon Street and Leonard Street, from its intersection with Highway M291 to its intersection with Cedar Street.  Council Member Brenton seconded the motion.

 

Vote:          Motion failed 2-6-0

Yes:           Council Members Phillips and Moore

No:             Jenness, Brenton, Foster, Watt, Duncan and King

Abstain:     None

 

Action:      Council Member Watt moved to approve the ordinance as presented.  Council Member King seconded the motion.

 

Vote:          Motion passed 8-0-0

Yes:           Council Members Phillips, Jenness, Moore, Brenton, Foster, Watt, Duncan and King

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9686.

 

D.                 Ordinance approving an agreement with the Brickman Group pertaining to mowing at Fairview/New Hope and Mount Memorial Cemeteries in Liberty, Missouri in an amount not to exceed $25,175.

 

Document No. 7283 was read.

 

Action:      Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Moore seconded the motion.

 

Vote:          Motion passed unanimously.

 

Action:      Council Member King moved to approve the ordinance.  Council Member Watt seconded the motion.

 

Vote:          Motion passed 8-0-0

Yes:           Council Members Phillips, Jenness, Moore, Brenton, Foster, Watt, Duncan and King

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9687.

 

E.                 Ordinance approving a Development Agreement between the City and 12 West Kansas Urban Redevelopment Corporation to implement the Chapter 353 12 West Kansas Development Plan.

 

Document No. 7284 was read.

 

This ordinance will be on second reading at the April 11, 2011 regular session Council meeting.

 

F.                  Ordinance amending Chapter 18, "Licenses" of the City Code of the City of Liberty, Missouri.

 

Document No. 7285 was read.

 

This ordinance will be on second reading at the April 11, 2011 regular session Council meeting.

 

G.                 Water Tank Maintenance

 

1.      Ordinance approving an agreement with Utility Services Co., Inc. for water tank maintenance of the Gordon Street Water Tower.

 

Document No. 7286 was read.

 

Action:      Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Watt seconded the motion.

 

Vote:          Motion passed unanimously.

 

Action:      Council Member King moved to approve the ordinance.  Council Member Brenton seconded the motion.

 

Vote:          Motion passed 8-0-0

Yes:           Council Members Phillips, Jenness, Moore, Brenton, Foster, Watt, Duncan and King

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9688.

 

2.      Ordinance amending the agreement with Utility Services Co., Inc. for water tank maintenance of the Nashua Water Tower.

 

Document No. 7287 was read.

 

Action:      Council Member Watt moved to waive the rules and consider the ordinance on first reading.  Council Member Phillips seconded the motion.

 

Vote:          Motion passed unanimously.

 

Action:      Council Member King moved to approve the ordinance.  Council Member Brenton seconded the motion.

 

Vote:          Motion passed 8-0-0

Yes:           Council Members Phillips, Jenness, Moore, Brenton, Foster, Watt, Duncan and King

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9689.

 

H.                 Resolution authorizing the submission of applications for multiple grants for the Safe Routes to School (SRTS) Program

 

Council Member Phillips moved to approve the Resolution.  Council Member Brenton seconded the motion, which carried unanimously, and is inscribed in Resolution No. 2495.

 

X.         OTHER BUSINESS

 

A.                  Motion approving the purchase of two bulk hypochlorite tanks from Fluid Equipment Company for the Water Treatment Plant in the amount of $27,500.

 

Council Member Phillips moved to approve the purchase.  Council Member Moore seconded the motion, which carried unanimously.

 

B.                 Motion approving the purchase of an asphalt pavement patcher from Hampton Equipment in the amount of $55,000.

 

Council Member Phillips moved to approve the purchase.  Council Member Moore seconded the motion, which carried unanimously.

 

XI.                MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

XII.               MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Mayor Pro Tem Jenness acknowledged a Boy Scout from Troop 1180.

 

 

 

XIII.       ADJOURNMENT

 

The meeting adjourned at 9:15 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk