CITY COUNCIL MEETING
MINUTES
MONDAY, JANUARY 26, 2009
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 January 26, 2009
with Mayor Robert T. Steinkamp presiding. Mayor Steinkamp called the meeting
to order at 7:00 p.m.
II. INVOCATION AND PLEDGE OF
ALLEGIANCE
The invocation
was given by Nick King, who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Paul Jenness, Ward I; Greg Duncan and Anna Marie Martin,
Ward II; Lyndell Brenton and John Parry, Ward III; and Fred Foster and Nick
King, Ward IV. Also in attendance were Curt Wenson, City Administrator; Dan
Estes, Assistant City Administrator; Steve Hansen, Public Works Director; Craig
Knouse, Police Chief; Gary Birch, Fire Chief; Steve Anderson, Development
Director; Tony Sage, Information Services Director; Karan Johnson, Planning
& Economic Development Manager; Dennis Dovel, Parks & Recreation
Director; Anna Slocum, Assistant Parks & Recreation Director; James
Simpson, Deputy Police Chief; Dave Tedesco, Police Captain; Denny Persall,
Parks & Open Space Manager; B.J. Staab, Sr. Recreation Coordinator; Sara
Cooke, Communications Manager; Shawnna Funderburk, Assistant to the City
Administrator; Janet Pittman, Deputy City Clerk; and 11 members of the public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT
AGENDA)
A. REGULAR
SESSION MINUTES OF JANUARY 12, 2009
V. CITIZENS’
PARTICIPATION
Chris
Veach, Tree Liberty Communications Officer, presented the Annual Report for
Tree Liberty. Tree Liberty is a volunteer organization that cares for the community’s
forest, and supports the City’s Tree City designation by arranging the annual Arbor Day
celebration. The organization reported they had received a grant from the
Missouri Department of Conservation to plant forty-two trees in partnership
with the Withersfield Neighborhood. In addition, a total of 427 trees were
pruned and a free tree pruning class was offered to raise awareness about tree
topping. In 2008, Tree Liberty volunteer Michael Cheek was the recipient of
the Missouri Arbor Award of Excellence for his contributions to tree care in Liberty.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
A. AN ORDINANCE AMENDING CHAPTER 30, “UNIFIED
DEVELOPMENT ORDINANCE”, OF THE CODE OF THE CITY OF LIBERTY, CLAY COUNTY – ORDINANCE
Document No. 6965 was read. Mayor Steinkamp opened
the public hearing. Council Member King moved to continue the public hearing
to February 9, 2009. Council Member Martin seconded the motion, which
carried unanimously.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JANUARY 2, 2009
THROUGH JANUARY 16, 2009
1. EXCLUDING KCP&L PAYMENTS – ORDINANCE
In response to Council’s questions, staff stated they
would follow up as to why a paycheck was cashed through petty cash. The laptop
repair was for a police car laptop that had a broken screen and also required a
hard drive repair. The police car laptops are on a two year replacement cycle
and are specialized to withstand rugged conditions.
Document No. 6966 was read. Council Member King moved
to approve the vendor payments. Council Member Brenton seconded the motion. Vote
on the motion was as follows: Council Member Martin – yes; Council Member
Brenton – yes; Council Member Foster – yes; Council Member Jenness – yes;
Council Member Duncan – yes; Council Member Parry – yes; Council Member King –
yes. The motion carried unanimously; it was approved by the Chair and
inscribed in Ordinance No. 9408.
2. KCP&L PAYMENTS – ORDINANCE
Document No. 6967 was read. Council Member King moved
to approve the vendor payments. Council Member Jenness seconded the motion. Vote
on the motion was as follows: Council Member Martin – yes; Council Member
Brenton – abstain; Council Member Foster – yes; Council Member Jenness – yes;
Council Member Duncan – yes; Council Member Parry – yes; Council Member King –
yes. The motion carried 6-0-1; with Council Member Brenton abstaining, due to
a potential conflict of interest. It was approved by the Chair and inscribed
in Ordinance No. 9408.
B.
APPROVAL OF A TAX INCREMENT
FINANCING CONTRACT BETWEEN THE CITY OF LIBERTY, MISSOURI AND STAR
DEVELOPMENT CORPORATION FOR THE AMENDMENT TO THE LIBERTY TRIANGLE TAX INCREMENT
FINANCING PLAN PROJECT AREA I – CLAYVIEW COUNTRY CLUB SITE –
ORDINANCE
Staff reviewed the redevelopment contract for the
project area. The contract identifies the project improvements; financing and
development schedule; duties and conditions; and standard TIF contract
obligations. The contract includes provisions regarding tenant approvals and
use restrictions, including limits on the number of fast food establishments
and low or non-sales tax generating businesses.
Document No.6968 was read. Council Member Martin
moved to waive the rules and consider the ordinance on first reading. Council
Member Duncan 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. 9409.
C.
APPROVAL OF AN INTERGOVERNMENTAL COOPERATIVE
AGREEMENT BETWEEN THE CITY OF LIBERTY, MISSOURI, BLUE JAY CROSSING COMMUNITY
IMPROVEMENT DISTRICT, AND STAR DEVELOPMENT CORPORATION IN ASSOCIATION WITH THE
AMENDMENT TO THE LIBERTY TRIANGLE TAX INCREMENT FINANCING PLAN –
ORDINANCE
Staff reviewed the cooperative agreement for the Blue
Jay Crossing Community Improvement District. The District intends to impose a
1% District Sales Tax in order to assist in funding public project
improvements. The City would collect and administer the funds in accordance
with State statute. Upon completion of the CID project, the developer will submit a Certificate of
Completion to the City for approval. Once the City approves the Certificate
the developer may submit a Reimbursement Certificate along with itemized
invoices etc. that confirms that the submitted costs have been incurred and
qualify as a CID reimbursable project expense. The City will collect
1% of the total CID Sales Tax Revenue collected annually for
administering and accounting for the CID Sales Tax. Of the CID Sales Tax Revenues, 50% will be distributed to the
Special Allocation Fund as EATs (to be used to pay bonds and/or TIF
reimbursable costs), and the remaining 50% will be deposited into the CID Revenue
Fund Account for repayment of the bonds. Once the bonds have been paid in full
and until termination of the TIF Plan, 50% of the CID Sales Tax Revenues will be deposited into the Special
Allocation Fund as EATs and the other 50% will be used, as directed by the
District, to pay for or reimburse any authorized costs or expenses.
In response to Council’s questions, the mix of
proposed businesses has not changed significantly since the project was first
presented to Council. The developer has sold a portion of the property to CVS, and is in
discussions with a bank, fast food restaurant and a hotel. If a hotel is built
in the project area, the CID would apply and the sales tax imposed on room rentals
could be captured. As projects come forward for final approval they will
include specific landscaping plans.
Mayor Steinkamp offered an opportunity for public
comment. No one wished to speak to the application.
Document No. 6969 was read. Council Member Martin
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 Duncan seconded the motion, which carried unanimously. It was approved
by the Chair and is inscribed in Ordinance No. 9410.
Council Member Parry stated a conflict of interest
with regard to the next matter on the agenda and left the meeting.
D.
AN ORDINANCE ACCEPTING AND APPROVING A
FINAL PLAT OF LIBERTY POINTE, FIRST PLAT, A SUBDIVISION OF LAND IN
LIBERTY, CLAY COUNTY, MISSOURI - ORDINANCE
Staff presented the application for the final plat of
Liberty Pointe, First Plat. The plat creates Lots 1 through 15 as well as
Tracts A, B and C. The fifteen lots are to contain four-plexes for the Liberty
Pointe senior housing project. Tract A is to be open space, Tract B is the
future site of the development’s club house and Tract C will be the site of a
detention pond to hold stormwater. The buildings are one-story, and somewhat
of a traditional neighborhood design, with a reduced front setback and garage
access via an alley. The development is being proposed as senior housing;
however, there is nothing in the covenants that stipulates an age restriction.
Mayor Steinkamp offered an opportunity for public
comment. No one wished to speak to the application.
Document No. 6970 was read. Council Member King moved
to waive the rules and consider the ordinance on first reading. Council Member
Martin seconded the motion, which carried unanimously.
Council Member Martin moved to approve the ordinance.
Council Member Jenness seconded the motion, which carried 5-0-1. Council Member
Foster abstained due to a potential conflict of interest. It was approved by
the Chair and is inscribed in Ordinance No. 9411.
E.
A RESOLUTION APPROVING A FINAL
DEVELOPMENT PLAN FOR THE CONSTRUCTION OF FIFTEEN BUILDINGS CONTAINING
FOUR UNITS EACH LOCATED ON 10.7 ACRES EAST OF THE WITHERS ROAD AND OLD WITHERS ROAD
INTERSECTION, LIBERTY, CLAY COUNTY, MISSOURI –
RESOLUTION
In response to Council’s questions, staff stated there
is a landscape requirement in addition to a tree replacement requirement. Based
on the tree replacement calculation, if twenty-seven trees are removed then 54
replacement trees are required to be put back into the development. The
developer provides a survey of the number of trees to be removed and then the
City’s Parks staff will review and verify. The final landscape design still
needs to be submitted and must be on file before the final development plan is
recorded. Staff stated that the other stipulation is that every reasonable
effort should be made to remove the retaining wall from the northern end of the
property to preserve the site’s natural topography and enhance future
connectivity. The property owner is currently in discussions with the adjacent
property owner to obtain the necessary property.
In response to Council’s questions, Darren Sanders and
Thomas Nolte, representing the Parry Group, stated that the buildings are not
designed with basements. The market may dictate differently for future
phases. It is anticipated that the clubhouse, located within the development,
will have a shelter for residents to use during severe weather. It was noted
that the units are designed with an ADA adaptable design, and a number of the units will be
built ADA compliant.
Council Member King moved to approve the resolution
with the stipulations. Council Member Martin seconded the motion, which
carried 5-0-1. Council Member Foster abstained due to a potential conflict of
interest. It is inscribed in Resolution No. 2395.
Council Member Parry returned to the
meeting.
F.
AGREEMENT WITH MARRS HURRICANE BAY FOR
WASHING OF CITY VEHICLES – ORDINANCE
Document No. 6971 was read. Council Member Brenton
moved to waive the rules and consider the ordinance on first reading. Council
Member Martin seconded the motion, which carried unanimously.
Council Member King moved to approve the ordinance. Council
Member Martin seconded the motion, which carried unanimously. It was approved
by the Chair and is inscribed in Ordinance No. 9412.
G.
ACCEPTANCE OF A GRANT AND EXECUTION
OF THE SAFE ROUTES TO SCHOOL PROGRAM AGREEMENT WITH THE MISSOURI DEPARTMENT OF
TRANSPORTATION FOR THE PURCHASE OF TWO SPEED MONITORING AWARENESS RADAR
TRAILERS FROM KUSTOM SIGNALS IN AN AMOUNT NOT TO EXCEED $9,563.00 – ORDINANCE
Document No. 6972 was read. Council Member Martin
moved to waive the rules and consider the ordinance on first reading. Council
Member Jenness seconded the motion, which carried unanimously.
Council Member Martin moved to approve the ordinance.
Council Member King seconded the motion, which carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9413.
H.
AGREEMENT WITH TOWN & COUNTRY
BUILDING SERVICES FOR CITY HALL CLEANING SERVICES IN THE AMOUNT OF $30,420. –
ORDINANCE
Document No. 6973 was read. Council Member Martin
moved to waive the rules and consider the ordinance on first reading. Council
Member King 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. 9414.
I.
CONTRACT WITH THE BRICKMAN GROUP LTD., LLC FOR
2009 MOWING OF THE CITY’S THREE CEMETERIES IN AN AMOUNT NOT TO EXCEED $44,000
– ORDINANCE
In response to Council’s questions, staff stated that
the contract outlines that the contractor is responsible for any damage done to
the headstones that results from the mowing of the cemetery. Staff will work
with the contractor to mitigate past issues, and request that ruts caused by
the lawnmowers are filled so that the swells won’t cause damage to the
headstones.
Document No. 6974 was read. Council Member Martin
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 Martin seconded the motion, which carried unanimously. It was approved
by the Chair and is inscribed in Ordinance No. 9415.
X. OTHER BUSINESS
A.
APPROVAL OF SOFTWARE MAINTENANCE
SUPPORT FOR PUBLIC SAFETY SYSTEM WITH LOGISTIC SYSTEMS, INC. IN THE AMOUNT OF
$46,675 – MOTION
B.
PURCHASE OF FOUR DIGITAL IN-CAR VIDEO
CAMERAS FOR POLICE PATROL VEHICLES FROM WATCHGUARD DIGITAL IN THE AMOUNT OF
$24,508 – MOTION
C.
APPROVAL OF A PURCHASE ORDER WITH
PETROLEUM TRADERS CORPORATION FOR VEHICLE FUEL IN AN AMOUNT NOT TO EXCEED $368,500 – MOTION
D.
ADOPTION OF THE 2009 LEGISLATIVE
PROGRAM – MOTION
XI.
MISCELLANEOUS MATTERS FROM CITY
ADMINISTRATOR
XII.
MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council
Members congratulated Dennis Dovel on his appointment as Parks and Recreation
Director.
Council
Member Martin thanked the volunteers of Tree Liberty for their efforts in
caring for the City’s trees.
Mayor
Steinkamp reminded Council that there are two upcoming LIFE
graduations. He also noted there is a MARC Board of Directors meeting tomorrow,
and prior to the meeting there will be a report from congressional staff
regarding the status of the economic stimulus package.
XIII. ADJOURNMENT
The meeting adjourned at 8:49
p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk