City Council Meeting

Regular Session Minutes

May 9, 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 May 9, 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 Michael Hagan, 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

James Simpson, Acting Police Chief

Mike Snider, Fire Chief

Tony Sage, Information Technology Director

Katherine Sharp, Planner

                                                            Shawnna Funderburk, Asst. to the City Administrator

                                                            Anna Slocum, Assistant Parks and Recreation Director

                                                            Charlie Stevens, Utilities Director

                                                            Janet Pittman, Deputy City Clerk

 

            Public Present:                       Angie Borgedalen, Liberty Tribune

                                                            12 members of the public

 

IV.        APPROVE MINUTES AND SUMMARIES

 

A.                  Special Session Minutes of April 18, 2011

 

Council Member Phillips moved to approve the minutes as distributed.  Council Member Jenness seconded the motion, which carried 7-0-1.  Council Member Brenton abstained due to absence.

 

B.                 Study Session Summary of April 18, 2011

 

Council Member Phillips noted that he was in attendance at the meeting and requested that the summary be amended to reflect his attendance.

 

Council Member Watt moved to approve the summary as amended.  Council Member Moore seconded the motion, which carried 7-0-1.  Council Member Brenton abstained due to absence.

 

C.                 Executive Session Summary of April 18, 2011

 

Council Member Brenton noted that he was in attendance at the meeting and requested that the summary be amended to reflect his attendance.

 

Council Member King moved to approve the summary as amended.  Council Member Brenton seconded the motion, which carried unanimously.

 

V.         CITIZENS' PARTICIPATION - None

 

VI.        MEETING SCHEDULE

 

VII.       CONSENT AGENDA

 

A.                  Regular Session Minutes of April 25, 2011

 

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

 

B.                 Appointments/Reappointments

 

1.      Citizen Sales Tax Oversight Committee

a.   Reappoint Jim Gleason to a term expiring 5/15/2014

 

2.      Liberty Arts Commission

a.      Reappoint David Johnson to a term expiring 5/15/2014

b.      Reappoint Chery Holtman to a term expiring 5/15/2014

c.      Reappoint Shane Immelt to a term expiring 5/15/2014

 

3.      Board of Appeals

a.      Reappoint Hugh McClelland to a term expiring 12/30/014

b.      Reappoint Roger Mose to a term expiring 12/30/2015

 

4.      Planning and Zoning Commission

a.      Appoint Tom Reinier to a term expiring 1/1/2014

 

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

 

C.                 Authorize an Executive Session to be held May 9, 2011 in the Council Conference Room immediately following the Regular Session to discuss litigation matters as authorized by 610.021(1) RSMo.

 

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

 

VIII.       PUBLIC HEARINGS

 

IX.        ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                  Acknowledgement of vendor payments for the period of April 15, 2011 to April 29, 2011.

 

Document No. 7317 was read.

 

1.      Ordinance excluding KCP&L payments

 

Action:      Council Member King moved to approve the vendor payments.  Council Member Hagan 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. 9716.

 

2.      Ordinance including KCP&L payments

 

Document No. 7318 was read.

 

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

 

Vote:          Motion passed 7-0-1

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. 9716.

 

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

 

1.                  Ordinance amending Chapter 30 of the City Code of the City of Liberty, Unified Development Ordinance (Exhibit A - Statement of Purpose, Definition and Prohibition on Indecent Signs) (2^nd reading)

 

Document No. 7300 was read.

 

Action:      Council Member Phillips moved to approve the ordinance.  Council Member Hagan 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. 9717.

 

Mayor Canuteson stated that Council would take up Exhibit D prior to considering Exhibit B, C and C v.2.

 

2.         Ordinance amending Chapter 30 of the City Code of the City of Liberty, Unified Development Ordinance (Exhibit D - Prohibit Electronic Message Board Signs) (2^nd reading)

 

Document No. 7303 was read.

 

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

 

Vote:          Motion failed 1-7-0

Yes:           Council Member Phillips

No:             Council Members Jenness, Moore, Brenton, Hagan, Watt, Duncan and King

Abstain:     None

 

3.                  Ordinance amending Chapter 30 of the City Code of the City of Liberty, Unified Development Ordinance (Exhibit B - Allow and Regulate Electronic Message Boards on Monument Signs) (2^nd reading)

 

Document No. 7301 was read.

 

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

 

Vote:          Motion passed 7-1-0

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

No:             Council Member Phillips

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9718.

 

4.                  Ordinance amending Chapter 30 of the City Code of the City of Liberty, Unified Development Ordinance (Exhibit C - Allow and Regulate Electronic Message Boards on Wall Signs) (2^nd reading)

 

Document No. 7302 was read.

 

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

 

Vote:          Motion failed 1-7-0

Yes:           Council Member King

No:             Council Members Phillips, Jenness, Moore, Brenton, Hagan, Watt, and Duncan

Abstain:     None

 

5.                  Ordinance amending Chapter 30 of the City Code of the City of Liberty, Unified Development Ordinance (Exhibit C v 2 - Allow and Regulate Electronic Message Boards on Wall Signs on Multi-story, Multi-tenant Commercial Buildings) (2^nd reading)

 

Document No. 7319 was read.

 

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

 

Vote:          Motion passed 5-3-0

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

No:             Council Members Phillips, Brenton and Duncan

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9719.

 

C.                 Upper Rush Creek Hallmark to Shepherd Sanitary Sewer Extension Project

 

1.         Ordinance accepting easement for public sanitary sewer mains for the Upper Rush Creek Hallmark to Shepherd sanitary sewer extension.

 

Document No. 7320 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 Jenness 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. 9720.

 

2.         Ordinance approving a Contract with Redford Construction, Inc. for the Upper Rush Creek Hallmark to Shepherd Sanitary Sewer Extension Project

 

Document No. 7321 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 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. 9721.

 

3.         Ordinance Amending the 2011 Budget.

 

Document No. 7322 was read.

 

Action:      Council Member King 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 Brenton moved to amend the ordinance to separately list the construction contract of $254,450 from the construction contingency of $38,550. 

 

Action:      Council Member King moved to approve the ordinance as amended.  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. 9722.

 

D.                 Ordinance amending ordinance No. 9522 Adoption of the 2010 Budget for the City of Liberty, Missouri.

 

Document No. 7323 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 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. 9723.

 

E.                 Ordinance approving a partnership with TreeLiberty for the Liberty Tree Planting Project for the planting of trees on City property or City right-of-ways.

 

Document No. 7324 was read.

 

Action:      Council Member Phillips 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 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. 9724.

 

F.                  Safe Routes to Schools (SRTS) Sidewalk Project along Pine, Gallatin, and Shrader Streets

 

1.                  Ordinance amending Ordinance No. 9630 Approving a Contract with Musselman & Hall Contractors, LLC for the Safe Routes to Schools (SRTS) Sidewalk Project along Pine, Gallatin, and Shrader Streets in the Vicinity of Franklin Elementary School.

 

Document No. 7325 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 Watt moved to approve the ordinance.  Council Member Jenness 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. 9725.

 

2.                  Resolution accepting the Safe Routes to Schools (SRTS) Sidewalk Project.

 

Vote:          Motion passed unanimously.

 

Action:      Council Member King 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. 2502.

 

G.                 Ordinance approving an agreement between the City of Liberty and Dr. Bradford V. Hoffman pertaining to his services as Medical Director for the Fire Department.

 

            Document No. 7326 was read.

 

Action:      Council Member Jenness 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 Watt moved to approve the ordinance.  Council Member Hagan 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. 9726.

 

X.         OTHER BUSINESS

 

A.                  Appointment of Mayor Pro Tem

 

1.                  Motion to approve the appointment of Lyndell Brenton for the term of May 1, 2011 - April 30, 2012.

 

Action:      Council Member King moved to approve the appointment.  Council Member Jenness seconded the motion.

 

Vote:          Motion passed 7-0-1

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

No:             None

Abstain:     Council Member Brenton

 

2.                  Motion to approve the appointment of Paul Jenness for the term of May 1, 2012 - April 30, 2013.

 

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

 

Vote:          Motion passed 7-0-1

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

No:             None

Abstain:     Council Member Jenness

 

B.                 Campbell Road Bridge discussion

 

Council discussed the closure of the Campbell Road Bridge, and requested that the agreement with Glenaire be included on the May 23, 2011 agenda for consideration.

 

XI.                MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

XII.               MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

XIII.       ADJOURNMENT

 

The meeting adjourned at 8:20 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk