City Council Meeting

Regular Session Minutes

Monday, April 25, 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 April 25, 2011 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

 

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

Greg Duncan and Jeff Moore, Ward II

Lyndell Brenton and Jeff Watt, Ward III

Michael Hagan and Nick King, Ward IV

 

            Council Members Absent:                  None

 

            Staff Present:                          Curt Wenson, City Administrator

                                                            Dan Estes, Assistant City Administrator

                                                            Steve Hansen, Public Works Director

Dennis Dovel, Parks and Recreation Director

Amy Brusven, Human Resources Director

Dave Tedesco, Police Captain

Charlie Stephens, Utilities Director

Mike Snider, Fire Chief

Tony Sage, Information Technology Director

Katherine Sharp, Planner

                                                            Karan Johnson, Economic & Business Dev. Manager

                                                            Sara Cooke, Communications Manager

                                                            Janet Pittman, Deputy City Clerk

 

            Public Present:                       20 members of the public

 

IV.        APPROVE MINUTES AND SUMMARIES

 

V.         CITIZENS' PARTICIPATION

 

Chris Veach, 1850 Hidden Oaks Court, spoke regarding her concerns about development. She noted that a number of trees, including large ones, were removed from the Clayview site to make room for development.  The City's ordinance dictates the number of replacement trees required, and she requested that City officials mandate that the Ordinance be followed and uphold the standards set by the City.  She also noted concern that the 200 trees purchased so far by the developer have been planted by City employees and do not have a warranty.   She asked if the developer would be reimbursing the City for the labor and material to plant the trees.

 

Helene Miller, 1206 Downing, discussed the balance of quality development and the environment.  She stated that tree replacement is a code enforcement issue and it is Mr. Harris' responsibility to plant the trees.  She also requested that legal counsel review the Ordinance to determine if Mr. Harris should reimburse the City for the tree planting costs. All 1,060 required trees should be planted, and there are already many identified locations throughout the City.  With Arbor Day being celebrated on April 30^th at Fairview Cemetery, she felt it important that public comment be known.

 

Alicia Stephens, Liberty Economic Development Corporation, encouraged that in regards to the trees at Blue Jay Crossing to look at the facts and progress to date.  She noted there is a need for a comprehensive beautification and landscape Ordinance that could include trees, landscaping and art.  She suggested that Council appoint a task force.

 

John Davis, Star Development, spoke regarding the tree preservation requirement, and based on recently disclosed facts, feel that they have completed the expectations.  Mr. Davis noted that because of the removal of trees in a mitigated waterway the developer paid for a $100,000 tree credit and these trees were planted in an area designated by the State (not within Liberty).  He noted that there are currently 75 trees planted on the site and they recently donated 200 trees to be planted by City staff.  The developer requested that a resolution be drafted that states that the developer has exceeded their tree preservation requirement so that this controversy can be put to an end.

 

VI.        MEETING SCHEDULE

 

VII.       CONSENT AGENDA

 

A.                  Regular/Split Session Minutes of April 11, 2011

 

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

 

B.                 Executive Session Minutes of April 11, 2011

 

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

 

VIII.       PUBLIC HEARINGS

 

A.                  Resolution approving a Special Use Permit for Uncle Sam's Fireworks stand to be located at 300 N Church, Pursell Construction [11-08SUP]

 

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

 

Action:      Council Member Jenness moved to approve the resolution.  Council Member Duncan seconded the motion.

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Inscribed in Resolution No. 2497.

 

B.                 Resolution approving a Special Use Permit for Belfonte Fireworks stand to be located at the empty lot at 2108 N Church, east of Hart Automotive [11-09SUP]

 

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

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Inscribed in Resolution No. 2498.

 

C.                 Amendment to Chapter 30 of the City Code of the City of Liberty, Unified Development Ordinance pertaining to signage

 

Mayor Canuteson opened the public hearing and asked if anyone wished to speak either in favor or against the application. 

 

Alicia Stephens, Liberty Economic Development Corporation, requested that if Council is considering prohibiting LED signs to review past minutes etc.

 

Joe Duffey, 105 Stewart Court, encouraged Council to consider LED signs and to not eliminate them completely.  He noted that the new Chik-fil-A's sign obscures his building's monument sign, prompting him to look at potential LED wall signage.  He requested that Council give this due consideration.

 

Seeing no one else wishing to speak, the Mayor closed the public hearing.

 

            Document Number 7300 was read. An Ordinance amending Chapter 30, "Unified Development Ordinance", of the Code of the City of Liberty - statement of purpose, definition, and prohibition on indecent signs (noted as Exhibit A).  This Ordinance will be on second reading at the May 9, 2011 regular session Council meeting.

 

Document Number 7301 was read. An Ordinance amending Chapter 30, "Unified Development Ordinance", of the Code of the City of Liberty - allow electronic message boards on monument signs (noted as Exhibit B). This Ordinance will be on second reading at the May 9, 2011 regular session Council meeting.

 

 

Document Number 7302 was read. An Ordinance amending Chapter 30, "Unified Development Ordinance", of the Code of the City of Liberty - allow electric message boards on wall signs (noted as Exhibit C). This Ordinance will be on second reading at the May 9, 2011 regular session Council meeting.

 

Document Number 7303 was read. An Ordinance amending Chapter 30, "Unified Development Ordinance", of the Code of the City of Liberty - prohibit electronic message board signs (noted as Exhibit D). This Ordinance will be on second reading at the May 9, 2011 regular session Council meeting.

 

An Ordinance amending Chapter 30, "Unified Development Ordinance", of the Code of the City of Liberty - allow electric message boards on wall signs on a multi-story free standing commercial building (noted as Exhibit C vs. 2) was presented. This Ordinance, if approved, would be in replacement of the Ordinance presented as Exhibit C, and will be on second reading at the May 9, 2011 regular session Council meeting.

 

IX.        ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.         Ordinance acknowledging vendor payments for the period of April 1, 2011 to April 15, 2011.

 

1.      Ordinance excluding KCP&L payments

 

Document No. 7304 was read. 

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9702.

 

2.      Ordinance including KCP&L payments

 

Document No. 7305 was read. 

 

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

 

Vote:          Motion passed 8-0-1

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

No:             None

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

Approved by the Chair and inscribed in Ordinance No. 9702.

 

B.         Temporary Event Liquor Licenses for Historic Downtown Liberty, Inc.

 

1.      Resolution approving a Temporary Event Liquor License for the Liberty Arts Squared Festival on June 4, 2011

 

 

Action:      Council Member Duncan moved to approve the resolution.  Council Member Brenton seconded the motion.

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Inscribed in Resolution No. 2499.

 

2.      Resolution approving a Temporary Event Liquor License for the Taste of Liberty event on June 11, 2011

 

Action:      Council Member Watt moved to approve the resolution.  Council Member Moore seconded the motion.

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Inscribed in Resolution No. 2500.

 

C.                 Resolution authorizing the filing of an application with the Missouri Division of Highway Safety for a Highway Safety Law Enforcement Grant

 

Action:      Council Member Brenton moved to approve the resolution.  Council Member Moore seconded the motion.

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Inscribed in Resolution No. 2501.

 

D.                 Ordinance approving a Development Agreement between 12 West Kansas Urban Redevelopment Corporation and the City of Liberty pertaining to Chapter 353 Tax Abatement (2^nd reading) - Continued from April 11, 2011

 

Document No. 7284 was read.

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9703.

 

E.                 Ordinance amending Chapter 18, "Licenses" of the City Code (2^nd reading) - Continued from April 11, 2011

 

Document No. 7285 was read.

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9704.

 

F.                  Ordinance amending Ordinance No. 9652, adoption of the 2011 Budget for the City of Liberty (pertaining to Utility Funds)

 

Document No. 7306 was read.

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9705.

 

G.                 Employee Benefits Agreements for Plan Year July 1, 2011 through June 30, 2012

 

1.         Ordinance approving a Contract with Midwest Public Risk (MPR) to provide Employee Medical Insurance Coverage

 

Document No. 7307 was read.

 

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

 

Vote:          Motion passed unanimously.

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9706.

 

2.         Ordinance approving a Contract with Metlife Insurance Company to provide Employee Dental Insurance Coverage

 

Document No. 7308 was read.

 

Action:      Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness 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, Hagan, Watt, Duncan and King

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9707.

 

3.         Ordinance approving a Contract with Metlife Insurance Company to provide Employee Life and Accidental Death and Dismemberment Insurance Coverage

 

Document No. 7309 was read.

 

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

 

Vote:          Motion passed unanimously.

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9708.

 

4.         Ordinance approving a Contract with Metlife Insurance Company to provide Employee Short-Term Disability Insurance Coverage

 

Document No. 7310 was read.

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9709.

 

5.         Ordinance approving a Contract with Vision Care Direct to provide Employee Vision Insurance Coverage

 

Document No. 7311 was read.

 

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

 

Vote:          Motion passed unanimously.

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9710.

 

6.         Ordinance approving a Contract with Assurant Insurance Company to provide Employee Long-Term Insurance Coverage

 

Document No. 7312 was read.

 

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

 

Vote:          Motion passed unanimously.

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9711.

 

7.         Ordinance approving a Contract with American Family Life Assurance Company of Columbus Georgia (Aflac) to provide Employee Supplemental Insurance Coverage

 

Document No. 7313 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 Phillips moved to approve the ordinance.  Council Member Brenton seconded the motion.

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9712.

 

8.         Ordinance approving a Contract with Colonial Insurance Company to provide Employee Supplemental Insurance Coverage

 

Document No. 7314 was read.

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9713.

 

9.         Ordinance approving a Contract with Pre-Paid Legal Services to provide Employee ID Theft and Pre-Paid Insurance Coverage

 

Document No. 7315 was read.

 

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

 

Vote:          Motion passed unanimously.

 

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

 

Vote:          Motion passed 8-0-0

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

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9714.

 

10.       Ordinance approving a Contract with MHM Business Services, LLC to provide Section 125 Plan administration

 

Document No. 7316 was read.

 

Action:      Council Member Hagan 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, Hagan, Watt, Duncan and King

No:             None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9715.

 

X.         OTHER BUSINESS

 

Council Member Brenton stated that Council had previously tabled an Ordinance regarding the Campbell Road Bridge.  He requested that this item be brought back as a Council Study Session item so that liability etc. can be discussed.

 

XI.                MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

XII.               MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

XIII.       ADJOURNMENT

 

The meeting adjourned at 8:15 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk