City Council Meeting

Regular Session Minutes

May 23, 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 23, 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 Lyndell Brenton, 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, Ward IV

 

            Council Members Absent:      Nick King, Ward IV

 

            Staff Present:                          Curt Wenson, City Administrator

                                                            Steve Hansen, Public Works Director

Dennis Dovel, Parks and Recreation Director

Charlie Stevens, Utilities Director

Brian Hess, Assistant Public Works 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

                                                            Karan Johnson, Economic & Business Dev. Manager

                                                            Sara Cooke, Communications Manager

                                                            Janet Pittman, Deputy City Clerk

 

 

            Public Present:                        10 members of the public

 

IV.        APPROVE MINUTES AND SUMMARIES

 

V.         CITIZENS' PARTICIPATION

 

A.    National Historic Preservation Month Proclamation

 

Mayor Canuteston presented the proclamation to Bryan Boyd, Historic Liberty, Inc.. Mr. Boyd then presented the following awards on behalf of Historic Liberty, Inc.

 

Dr. John Bean was chosen for the rehabilitation of the former Administration Building at the Odd Fellows Complex into the Belvoir Winery and event center. Following many years of neglect, the building is now an elegant location drawing tourists, wedding parties, and other special events. 

 

Will and Holly Mills were chosen for their rehabilitation and sensitive additions at their home at 427 E. Mississippi. The couple have reconstructed the back to a more original appearance, and built a new garage on the property. 

 

A.J. Shinabargar was chosen for his historical research on Mt. Memorial Cemetery for the purpose of its eventual listing on the National Register of Historic Places. A.J. is a student at William Jewell College who completed the research as part of an internship with Historic Liberty, Inc.

 

VI.        MEETING SCHEDULE

 

VII.       CONSENT AGENDA

A.            Regular Session Minutes of May 9, 2011

 

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

 

B.            Executive Session Minutes of May 9, 2011

 

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

 

C.           Appointments

 

1.      Board of Appeals

a.  Reappoint John Kern Jr. to a term expiring 12/30/2015

 

2.    Planning and Zoning Commission

a.    Appoint Larry Wepler to a term expiring 1/1/2013

 

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

 

D.           Authorize an Executive Session to be held May 23, 2011 in the Council Conference Room immediately following the Regular Session to discuss litigation matters as authorized by 610.021(1) RSMo.

 

Council Member Phillips moved to approve the executive session.  Council Member Watt seconded the motion, which carried unanimously.

 

VIII.      PUBLIC HEARINGS

 

A.            A Resolution approving a Special Use Permit to allow the temporary sale of fireworks by Cheap Charlie's Fireworks from June 20 to July 4, 2011 to be located at the empty lot [1911 Star Drive] located next to Starbucks in the Triangle [11-15SUP]

 

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

 

John Davis, representing Star Development, spoke on behalf of the applicant.  He stated that Planning & Zoning Commission and staff's recommended denial of the application based on traffic concerns is unfounded.  The 2006 Triangle redevelopment plan only showed one shared access for the two sites.  The 2006 traffic study took into consideration a 4,600 sq. foot high turnover restaurant at this location, sharing one access with Starbuck's.  It wasn't until the 2009 amended redevelopment plan was approved that the site showed 2 access points.  He noted that the shared single access point would function fine for the 2-3 week duration of the fireworks stand.  He stated that the applicant met with staff to discuss safety, congestion and set-back concerns. The Fire Marshal didn't not have any concerns with the set-back and the applicant was proposing to install temporary fencing to address concerns about vehicles attempting to leave the location by driving over the curb. In addition, cross parking access already exists among the current retailers and they didn't think this temporary use would adversely affect them.

 

Scott Cargill, Lutjen Inc., stated that the 2006 traffic study prepared by Lutjen Inc. anticipated two compatible uses at the location, utilizing one shared access.  Because Starbuck's has early am and pm peak times, a high turn-over restaurant would have offset peak times to these.  He stated that a fireworks stand would probably have a peak after work and weekend times, and would seem to be a compatible use.

 

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

 

 

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

 

Vote:          Motion failed 3-4-0

Yes:           Council Members Jenness, Moore, and Watt

No:            Council Members Phillips, Brenton, Hagan, and Duncan

Abstain:     None

            Resolution failed to pass.

 

B.            A Resolution approving a Special Use Permit to allow the temporary sale of fireworks by  Liquidation Fireworks, from June 27 to July 4, 2011, to be located at the Old Enterprise lot, 421 N 291 HWY [11-14SUP]

 

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 Hagan moved to approve the resolution.  Council Member Jenness seconded the motion.

 

Vote:          Motion passed 7-0-0

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

No:            None

Abstain:     None

Inscribed in Resolution No. 2503.

 

C.           A Resolution approving a Special Use Permit to allow the temporary sale of fireworks by  Compton's Fireworks, from June 20 to July 4, 2011, to be located at the empty lot [1760 North Church Road, lot 3] at Roger's Plaza [11-13SUP]

 

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 Phillips moved to approve the resolution.  Council Member Hagan seconded the motion.

 

Vote:          Motion passed 7-0-0

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

No:            None

Abstain:     None

Inscribed in Resolution No. 2504.

 

D.           A Resolution approving a Special Use Permit to allow the temporary sale of fireworks by  Susan Garrett, from June 20 to July 4, 2011, to be located at 101 N Forest, First Assembly of God [11-12SUP]

 

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 Hagan moved to approve the resolution.  Council Member Duncan seconded the motion.

 

Vote:          Motion passed 7-0-0

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

No:            None

Abstain:     None

Inscribed in Resolution No. 2505.

 

E.            Ordinance amending Chapter 30, "Unified Development Ordinance" of the City of Liberty, Missouri to allow rezoning of properties to PD ? Planned Development [11-16A]

 

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.

 

Document No. 7327 was read.

 

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

 

Vote:          Motion failed to pass unanimously.

 

Mayor Canuteson stated the ordinance will be on second reading at the June 13 Regular Session Council meeting.

 

IX.        ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.            Acknowledgement of vendor payments for the period of April 29, 2011 to May 13, 2011.

 

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

 

Document No. 7328 was read. 

 

Action:     Council Member Moore moved to approve the vendor payments.  Council Member Jenness seconded the motion.

 

Vote:          Motion passed 7-0-0

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

No:            None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9727.

 

2.    Ordinance including KCP&L payments

 

Document No. 7329 was read. 

 

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

 

Vote:          Motion passed 6-0-1

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

No:            None

Abstain:     Council Member Brenton

Approved by the Chair and inscribed in Ordinance No. 9727.

 

3.    Ordinance including Westland Landscape Co. payments

 

Document No. 7330 was read. 

 

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

 

Vote:          Motion passed 6-0-1

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

No:            None

Abstain:     Council Member Jenness

Approved by the Chair and inscribed in Ordinance No. 9727.

 

B.            Ordinance amending City's Economic Development Incentives Policy specifically relating to Chapter 353 Tax Abatement Program and approving Liberty downtown area Program Guidelines.

 

Document No. 7331 was read.

 

Action:     Council Member Watt 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 7-0-0

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

No:            None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9728.

 

C.           Ordinance accepting an easement for public sanitary sewer mains for the lot split of 124 and 126 N. Jewell Street.

 

Council Member Phillips recused himself from this item.

 

Document No. 7332 was read.

 

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

 

Vote:          Motion passed unanimously.

 

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

 

Vote:          Motion passed 6-0-0

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

No:            None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9729.

 

D.           Ordinance approving a cooperative agreement for repair and maintenance of Campbell Road Bridge between the City of Glenaire and the City of Liberty.

 

Action:     Council Member Brenton moved to remove this item from the table.  Council Member Hagan seconded the motion.

 

Vote:          Motion passed unanimously.

 

Document No. 7333 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 Hagan seconded the motion.

 

Vote:          Motion passed 7-0-0

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

No:            None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9730.

 

E.            2011 Street Maintenance - Pavement Restoration Project

 

1.    Ordinance approving a contract with Metro Asphalt, Inc. for the 2011 Street Maintenance - Pavement Restoration Project in an amount not to exceed $776,617.95.

 

Document No. 7334 was read.

 

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

 

Vote:          Motion failed to pass unanimously.

 

Mayor Canuteson stated the ordinance will be on second reading at the June 13 Regular Session Council meeting.

 

2.    Ordinance amending Ordinance 9652, Adoption of the 2011 Budget for the City of Liberty

 

Document No. 7335 was read.

 

Mayor Canuteson stated the ordinance will be on second reading at the June 13 Regular Session Council meeting.

 

F.            Ordinance approving a cooperative agreement with the City of Gladstone for street sweeping services in the amount of $20,000.

 

Document No. 7336 was read.

 

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

 

Vote:          Motion passed 7-0-0

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

No:            None

Abstain:     None

Approved by the Chair and inscribed in Ordinance No. 9731.

 

G.           Resolution accepting the 2010 Citywide storm water improvements project.

 

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

 

Vote:          Motion passed 7-0-0

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

No:            None

Abstain:     None

Inscribed in Resolution No. 2506.

 

H.           Resolution authorizing the filing of an application with the Missouri Department of Conservation for financial assistance for the management, improvement and conservation of trees within the City of Liberty, Missouri.

 

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

 

Vote:          Motion passed 7-0-0

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

No:            None

Abstain:     None

Inscribed in Resolution No. 2507.

 

I.              Resolution acknowledging settlement of claim and authorizing payment of the City?s deductible.

 

Action:     Council Member Phillips moved to approve the resolution.  Council Member Hagan seconded the motion.

 

Vote:          Motion passed 7-0-0

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

No:            None

Abstain:     None

Inscribed in Resolution No. 2508

 

X.         OTHER BUSINESS

 

XI.          MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

City Administrator Curt Wenson provided an update on the low water pressure and water main breaks experienced in the city during the past week.

 

Fire Chief Snider provided an update on the assistance being provided to the City of Joplin after the recent tornado.

 

XII.         MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Mayor Canuteson announced the formation of an ad-hoc committee to explore a potential City-wide landscape ordinance.

 

XIII.      ADJOURNMENT

 

The meeting adjourned at 8:40 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk