CITY COUNCIL MEETING
MINUTES
MONDAY, FEBRUARY 23, 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 February 23, 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 Greg Duncan, who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Paul Jenness and Harold Phillips, 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; Jonna Wensel, Community Development Manager;
Tony Sage, Information Services Director; Sara Cooke, Communications Manager;
Donna Kay Taylor, Community Center Manager; Dennis Dovel, Parks and Recreation
Director; Anna Slocum, Assistant Parks and Recreation Director; BJ Staab, Sr.
Recreation Coordinator; Janet Pittman, Deputy City Clerk; Gene Hansen, The
Kansas City Star; Angie Borgedalen, Liberty Tribune; and 38 members of the
public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT
AGENDA)
V. CITIZENS’
PARTICIPATION
Mayor
Steinkamp stated that the two items under Other Business were going to move up
under item E. and that consideration of the smoking ordinance would be the last
item on the agenda.
VI. MEETING SCHEDULE
Liberty
Parks & Recreation Charitable Fund Advisory Committee
Appoint Jodi Capps to a term to expiring 1-1-2011
Reappoint Julie Casel to a term expiring 1-1-2012
VIII. PUBLIC HEARINGS
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A.
ACKNOWLEDGEMENT OF VENDOR PAYMENTS
FROM JANUARY 30, 2009 THROUGH FEBRUARY 13, 2009
Council Member Jenness asked for check number 111935 to
be removed and voted on separately.
1. EXCLUDING KCP&L PAYMENTS – ORDINANCE
Document No. 6981 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 Phillips – yes; 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. 9423.
Council Member Martin moved to approve check number 111935.
Council Member Duncan seconded the motion, which carried 7-0-1 and is inscribed
in Ordinance No. 9423. Council Member Jenness abstained, due to a potential
conflict of interest.
2. KCP&L PAYMENTS – ORDINANCE
Document No. 6982 was read. Council Member King moved
to approve the vendor payments. Council Member Phillips seconded the motion. Vote
on the motion was as follows: Council Member Phillips – yes; 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 7-0-1; with Council
Member Brenton abstaining, due to a potential conflict of interest. It was
approved by the Chair and inscribed in Ordinance No. 9423.
Council Member Phillips stated a conflict of interest
with regard to the next matter on the agenda and left the meeting.
B. CERTIFICATE OF APPROPRIATENESS FOR NEW
CONSTRUCTION OF A SINGLE FAMILY RESIDENCE AND DETACHED GARAGE AT 438 E. FRANKLIN STREET -
RESOLUTION
In response to Council’s questions, staff stated that
zoning allows for an apartment over the garage if the dwelling is owner occupied.
The outdoor stairway provides access to the garage apartment.
Council Member King moved to approve the resolution.
Council Member Jenness seconded the motion, which carried unanimously and is
inscribed in Resolution No. 2398.
Council Member Phillips returned to the meeting.
C. AGREEMENT WITH TREMCO/WTI FOR THE
RESTORATION AND REPLACEMENT OF THE COMMUNITY CENTER ROOF IN AN AMOUNT
NOT TO EXCEED $558,469 - ORDINANCE
Staff stated that in 2007 Tremco was contacted by the
City’s Public Works department to inspect the roofs of all City owned
facilities. The two largest Community Center roof areas were categorized as
poor (replace at failure); the roof system over the pool has been damaged by
moisture from vapor drive up through the roof. The remaining roof areas fell
into the fair category (restore as soon as possible). Over the past two years,
several leaks have been observed throughout the facility. The majority of the
roof was installed in 1991 and a portion over the meeting rooms was added with
the 2003 expansion project. The portion of the roof that was added and/or
refurbished in the 2003 expansion will be restored with a 10-year renewable
warranty. The remaining roof system will be replaced with a 15-year warranty.
Tremco/WTI is the successful low, responsive bidder on
the pre-competed national contract for roofing services through the Association
of Educational Purchasing Agencies. The Citizen Sales Tax Committee reviewed
this intended purchase and found it to be consistent with voter intent.
Patrick Evans, Tremco Sr. Field Advisor, stated there
is severe leaking over the theatre and pool areas, and there is a need for a
vapor barrier to be installed over the pool area. Tremco representatives
outlined the materials that will be used for the new roof construction and
restoration of the remaining roof.
In response to Council’s questions, the Tremco
representatives stated there is a 2% fee associated with the cooperative
purchasing contract and that amount is included in the price quoted. The
warranties offered for commercial roofs compared to residential roofs are
because commercial roofs generally have a lower slope resulting in more wear and
tear. As part of the warranty, Tremco will inspect the roof every two years.
Document No. 6983 was read. Council Member Phillips
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 King seconded the motion, which carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9424.
D. AGREEMENT WITH METRO OFFICIALS ASSOCIATION
FOR OFFICIATING SERVICES FOR BASEBALL AND SOFTBALL GAMES AT FOUNTAIN BLUFF SPORTS COMPLEX – ORDINANCE
Document No. 6984 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 Phillips 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. 9425.
E. EXCHANGE OF PROPERTY
1. ACCEPTING A WARRANTY DEED TO EXCHANGE
PROPERTY – ORDINANCE
Document No. 6985 was read. Council Member Martin
moved to waive the rules and consider the ordinance on first reading. Council
Member Phillips 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. 9426.
2. ACCEPTING AN ACCESS EASEMENT –
ORDINANCE
Document No. 6986 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 Jenness moved to approve the
ordinance. Council Member Phillips seconded the motion, which carried
unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9427.
F. PURCHASE OF PEPSI PRODUCTS WITH
PEPSIAMERICAS FOR FOUNTAIN BLUFF SPORTS COMPLEX AND LIBERTY COMMUNITY CENTER
IN AN AMOUNT NOT TO EXCEED $53,000 - MOTION
In response to Council’s questions, staff stated that
although this is the second year of a five year contract, Council authorization
is required because of the purchase order amount. The per case rebate received
from Pepsiamericas is returned to the Sports Complex/Community Center operating
budget to offset expenditures.
Council Member Phillips moved to approve the
purchase. Council Member Martin seconded the motion, which carried unanimously
G. PURCHASE OF CONCESSION FOOD FROM US FOODSERVICE
IN AN AMOUNT NOT TO EXCEED $33,000 - MOTION
In response to Council’s questions, staff stated that
sales are not going down. The purchase order amount was adjusted to reflect
historical sale levels.
Council Member Brenton moved to approve the purchase.
Council Member Martin seconded the motion, which carried unanimously
H. ESTABLISH SECTION 22-66, “SMOKING
PROHIBITED”, CHAPTER 22, “OFFENSES – MISCELLANEOUS”, OF THE CODE OF THE CITY OF LIBERTY -
ORDINANCE
Council Member Jenness presented the proposed smoking
ordinance he drafted. He stated that the ordinance he proposes differs from
the Mayor’s in that bars, restaurants and places of amusement can apply for a
smoking license. The business would be required to post a sticker notifying
patrons that it is a smoking establishment. The proposed fee charged for the
sticker cannot be higher than the associated costs to produce without being
considered a new tax, which would require a vote of the people.
Mayor Steinkamp presented the proposed smoking
ordinance he drafted. He stated that the ordinance is based on a similar ordinance
drafted by Blue Springs. He noted that Council Members and residents have
asked for a total ban and this ordinance attempts to find a middle ground. Council
discussion of the ordinances followed. Several Council Members stated that
they would be presenting amendments to the proposed ordinances. Mayor
Steinkamp advised that Council will meet in a study session on March 2 to
review the proposed amendments.
Mayor Steinkamp offered an opportunity for public
comment.
Amy Hearst, 7520 NE 85th Terrace, spoke in
support of a smoking ban. Kim Plumb, 405
Thornton Street, spoke in support of a
smoking ban. Jason Ransom, 7609 NE 87th
Street, stated that as a business owner
allowing some locations to be exempt is in essence a customer transfer
situation and was in support of either a permit system or a total smoking ban.
Kreg Reid, owner of the Landing, stated that he started the business with one
set of rules and this would be asking him to continue with a new set. He noted
that smoking is part of their business plan and for him this is an economic
issue. Jim Anderson, 959 Yancy Street, stated that he is concerned that smoking is allowed
in family restaurants. Valerie Furrow, 112 E. Franklin, stated she liked the
concept of not allowing smoking in public places but that businesses should be
given a choice. Rebekah Anderson, 901
Cambridge Circle, spoke in support of a
smoking ban. Richard Warren, 119 N. Leonard, stated that customers have a
choice of whether or not to go into an establishment and it would make more
sense to have public places and restaurants in different smoking ordinances. Harry
Boggess, 1901 H. Highway, spoke in support of allowing business owners to have
the freedom to choose.
The ordinances were heard on first reading. Mayor
Steinkamp stated that he would allow further public comment from those who did
not speak this evening on March 9, when these ordinances would be on the agenda
for second reading.
X. OTHER BUSINESS
XI.
MISCELLANEOUS MATTERS FROM CITY
ADMINISTRATOR
Mr. Wenson invited Council to attend the
promotion ceremony for Police Officers on March 2 at 5:30 p.m.
XII.
MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Foster stated he had received a complaint and requested that staff check
into the road condition of Hillview, from LaFrenz to the city limits.
Council
Member Jenness thanked staff for their assistance in drafting the proposed
smoking ordinances, and encouraged those individuals in attendance this evening
to return for the next meeting.
Mayor
Steinkamp noted that MARC will be discussing allocation of the economic
stimulus funds at their March 3 meeting. Public Works Director Steve Hansen
noted that approximately $27 million of sub-allocated funds will be given to
the Missouri side of the MARC area. Approximately 80% of those
funds will be allocated to the larger cities of Kansas City, Lee’s Summit, Blue Springs, Independence
and MoDot. The remaining 20%, approximately $380,000 is proposed to be spread
equally amongst the 15 remaining cities for transportation projects.
Mayor
Steinkamp noted that Council will further discuss the proposed smoking
ordinances at the March 2 study session.
XIII. ADJOURNMENT
The meeting adjourned at 8:45
p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk