CITY COUNCIL
MEETING
MINUTES
MONDAY, MARCH 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 March 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 Fred Foster, 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; Linda Tyree, Finance Director; Gary
Birch, Fire Chief; Steve Anderson, Development Director; Dennis Dovel, Parks
& Recreation Director; Amy Brusven, Human Resources Director; Denny
Persall, Parks & Open Spaces Manager; Karan Johnson, Planning &
Development Manager; Tony Sage, Information Services Director; Shawnna
Funderburk, Assistant to the City Administrator; Janet Pittman, Deputy City
Clerk; Angie Borgedalen, Liberty Tribune; and 11 members of the public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT
AGENDA)
V. CITIZENS’
PARTICIPATION - None
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
A.
SPECIAL USE PERMIT TO ALLOW THE
TEMPORARY SALE OF FIREWORKS BETWEEN JUNE 20 AND JULY 5
1.
CARTER FIREWORKS – 421 NORTH 291
HIGHWAY – RESOLUTION
In response to Council’s questions, staff stated that
using the semi-trailer truck as signage for the location doesn’t present any
concerns as the sign will not be illuminated. The Deputy City Clerk’s office
is responsible for providing the applicant with the informational flyer, which
they are required to copy and provide to each customer, outlining the dates and
times that fireworks are allowed to be discharged within the City.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak in favor of the application. Mayor Steinkamp asked if
anyone wished to speak in opposition to the application. Seeing no one, he
closed the public hearing.
2.
BELEFONTE FIREWORKS - 2108 WEST COLLEGE STREET – RESOLUTION
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak in favor of the application. Mayor Steinkamp asked if
anyone wished to speak in opposition to the application. Seeing no one, he
closed the public hearing.
B.
UNIFIED DEVELOPMENT ORDINANCE OF
THE CODE OF THE CITY OF LIBERTY, CLAY COUNTY (Continued from February 9, 2009)
1.
AMENDMENT TO CHAPTER 30, ARTICLE
IV “APPLICATIONS, PERMITS AND PROCEDURES” AND ARTICLE XI “ACCESSORY USES AND
STRUCTURES” - ORDINANCE
In response to Council’s questions, Parks Department staff
stated they would have the ability to plant and maintain trees purchased as a
result of developers choosing the fee in lieu option. Staff noted that if
Council chose to have a contractor install and maintain the trees the cost
would be greater, and there would still be staff time involved in the bidding
and contract process. Council discussion regarding the fee amount and warranty
of the trees followed.
Mayor Steinkamp continued the public hearing and asked
if anyone wished to speak in favor of the application. Mayor Steinkamp asked
if anyone wished to speak in opposition to the application. Seeing no one, he
closed the public hearing.
Document No. 6993 was read. Council Member Phillips
moved to approve the ordinance. Council Member Martin seconded the motion. Council
Member Brenton moved to amend the ordinance to state that roof-mounted solar
collectors which are visible from any public street be flush mounted and
require a special use permit. Council Member Phillips seconded the motion.
The motion to amend the ordinance failed 2-6-0. Council
Members King, Parry, Duncan, Jenness, Foster and Martin voted in opposition.
The ordinance, as originally presented, carried
unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9432.
2. AMENDMENT TO CHAPTER 30, ARTICLE XVI, “SITE
DEVELOPMENT AND DESIGN STANDARDS” - ORDINANCE
Mayor Steinkamp continued the public hearing and asked
if anyone wished to speak in favor of the application.
Spencer Thompson, 1207 Campbell, stated that as a lawyer
he was speaking on behalf of the development community. He stated that he has
issues with the current ordinance, and adding the addition of a fee in lieu
will be another obstacle to development. If the intent is to preserve trees
then why hasn’t the ordinance been enforced uniformly across all sectors,
including residential and redevelopment.
Mayor Steinkamp asked if anyone wished to speak in
opposition to the application. Seeing no one, he closed the public hearing.
In response to Council’s questions, staff stated that
if Council did not pass the ordinance before them then the existing ordinance,
requiring two (2) shade trees to be planted on-site for each tree with a
caliper of eight (8) or more that is removed, would remain in place. Council
discussed the amendment to the ordinance, and that allowing replacement trees
to be planted off site as well as the fee in lieu of, provides developers with
additional options.
Document No. 6994 was read. Council Member Parry moved
to have this ordinance considered after the next item on the agenda. Council
Member Foster seconded the motion, which resulted in a vote of 4-4-0. Council
Members Duncan, Brenton, Martin and Phillips voted in opposition. Mayor
Steinkamp voted in favor of the motion, which carried 5-4-0.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ESTABLISH A TREE PRESERVATION FEE IN LIEU OF
TREE
REPLACEMENT PLANTING, ESTABLISHING GUIDELINES FOR THE USE OF THE FEE IN LIEU AND INCLUDING
SUCH FEE INTO THE CITY’S FEE SCHEDULE - ORDINANCE
Mayor Steinkamp allowed the opportunity for public
comment. Spencer Thompson, 1207 Campbell, stated the fee is unreasonable and would discourage
development. The addition of a tree preservation fee in lieu of tree planting
just gives the City another fee to charge developers. Alicia Stephens,
Partnership for Community Growth and Development, stated the fee is not an
option if it is too high and $250 per tree is unreasonable. The trees the
developers put in should be considered an asset, as should the sewers and roads
they put in, and are the responsibility of the City to maintain. The cost of
maintenance should not be included as part of the fee in lieu. Ms. Stephens
noted that Kansas City has all of their landscaping requirements within one
ordinance, including a provision for public art, and would like to see the City
of Liberty do the same.
In response to Council’s questions, staff stated
Council can remove the tree preservation fee in lieu of tree planting option
from the proposed ordinance.
Document No. 6995 was read. Council Member Brenton
moved to waive the rules and consider the ordinance on first reading. Council
Member Duncan seconded the motion. Without a unanimous vote, Mayor Steinkamp
announced the ordinance would go to second reading on April 13.
UNIFIED
DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF LIBERTY,
CLAY COUNTY
AMENDMENT
TO CHAPTER 30, ARTICLE XVI, “SITE DEVELOPMENT AND DESIGN STANDARDS” - ORDINANCE (continuation of discussion)
Council Member Jenness moved to amend the ordinance by
removing the tree preservation fee in lieu of tree planting from option (c),
but still allowing the developer to plant replacement trees off-site if they
cannot be accommodated on-site. Council Member Foster seconded the motion,
which carried unanimously.
Council Member Duncan moved to approve the ordinance
as amended. Council Member Phillips seconded the motion, which carried
unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9433.
Mayor Steinkamp stated that
with the tree preservation fee in lieu of tree planting option being removed
from the ordinance, the previous ordinance establishing the fee no longer
applies and it will be removed from consideration on April 13.
B. ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM FEBRUARY 27, 2009
THROUGH MARCH 13, 2009.
1. EXCLUDING KCP&L PAYMENTS – ORDINANCE
In response to Council’s questions, staff stated that
the payment made to the Clay County Election Board was a deposit for the April
municipal election. Upon completion of the election the City may be required
to pay additional funds, or it may receive a refund. Staff noted that a number
of residents have taken advantage of the backflow prevention reimbursement
program.
Document No. 6996 was read. Council Member King moved
to approve the vendor payments. Council Member Duncan 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. 9434.
2. KCP&L PAYMENTS – ORDINANCE
Document No. 6997 was read. Council Member Martin
moved to approve the vendor payments. Council Member King 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. 9434.
C. EMPLOYEE
BENEFITS AGREEMENTS FOR PLAN YEAR JULY 1,
2009 THROUGH JUNE 30, 2010
1. CONTRACT WITH BLUECROSS BLUESHIELD OF KANSAS CITY TO PROVIDE EMPLOYEE MEDICAL COVERAGE – ORDINANCE
Document No. 6998 was read. Council Member Brenton
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 Phillips seconded the motion, which carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9435.
2. CONTRACT WITH METROPOLITAN LIFE INSURANCE
COMPANY TO PROVIDE EMPLOYEE DENTAL, LIFE AND SHORT TERM DISABILITY COVERAGE – ORDINANCE
Document No. 6999 was read. Council Member King moved
to waive the rules and consider the ordinance on first reading. Council Member
Foster 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. 9436.
3. CONTRACT WITH MHM BUSINESS SERVICES, LLC TO
PROVIDE SECTION 125 PLAN ADMINISTRATION – ORDINANCE
Document No. 7000 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 Jenness 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. 9437.
D. PURCHASE OF POLICE UNIFORMS
1. APPROVE A CONTRACT WITH ALAMAR UNIFORMS OF KANSAS CITY TO SUPPLY UNIFORM SERVICES – ORDINANCE
In response to Council’s questions, staff stated that
the other bidders could not meet the specification that the products are made
in the United States.
Document No. 7001 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 Phillips seconded the motion, which carried 7-1-0. Council
Member Brenton voted in opposition. It was approved by the Chair and is inscribed
in Ordinance No. 9438.
2. APPROVE A CONTRACT WITH OMB POLICE SUPPLY
TO SUPPLY POLICE DUTY LEATHER GOODS – ORDINANCE
Document No. 7002 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 King seconded the motion, which carried
unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9439.
E. EXTENSION OF THE CONTRACT WITH THE VETERINARY CENTER OF LIBERTY TO
PROVIDE VETERINARY SERVICES FOR THE LIBERTY ANIMAL SHELTER – ORDINANCE
Document No. 7003 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. 9440.
F. AGREEMENT WITH AMERICAN DIGITAL SECURITY,
LLC FOR THE PURCHASE AND INSTALLATION OF A DIGITAL SECURITY SYSTEM FOR THE LIBERTY COMMUNITY CENTER
IN AN AMOUNT NOT TO EXCEED $15,949.79 - ORDINANCE
Document No. 7004 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 King moved to approve the ordinance.
Council Member Brenton seconded the motion, which carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9441.
G. FLINTLOCK OVERPASS PROJECT
In response to Council’s
questions, staff stated that both of the items had been reviewed and approved by
the Citizen Sales Tax Committee.
1. APPROVE A RELOCATION AGREEMENT WITH KCP&L
COMPANY – ORDINANCE
Document No. 7005 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 Jenness seconded the motion, which carried 6-1-1. Council
Member King voted in opposition and Council Member Brenton abstained due to a
potential conflict of interest. It was approved by the Chair and is inscribed
in Ordinance No. 9442.
2. APPROVE AN AMENDMENT TO AN ENGINEERING
CONTRACT WITH HNTB CORPORATION INCREASING THE CONTRACT BY $97,700.00 FROM
$2,269,000. TO $2,366,700. - ORDINANCE
Document No. 7006 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 Phillips moved to approve the
ordinance. Council Member Martin seconded the motion, which carried 6-2-0. Council
Members Parry and King voted in opposition. It was approved by the Chair and
is inscribed in Ordinance No. 9443.
H CONTRACT WITH SUPERIOR BOWEN ASPHALT
COMPANY, LLC FOR 2009 STREET RESTORATION PROJECT IN AN AMOUNT NOT TO EXCEED
$688,955.25 – ORDINANCE (second reading)
In response to Council’s questions, staff stated that
the item had been reviewed by the Citizen Sales Tax Committee.
Document No. 6988 was read. Council Member Brenton
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. 9444.
I. APPROVE AN AGREEMENT WITH BURNS &
MCDONNELL FOR A COMPREHENSIVE COST OF SERVICE AND RATE DESIGN STUDY – WATER AND SEWER UTILITIES - IN AN
AMOUNT NOT TO EXCEED $50,000. - ORDINANCE
In response to Council’s questions, staff stated there
will be meetings with stakeholders; however, the public education program is an
optional component that is currently not included in the estimated contract price.
Document No. 7007 was read. Council Member Phillips
moved to waive the rules and consider the ordinance on first reading. Council
Member Martin seconded the motion. Without a unanimous vote, Mayor Steinkamp
announced the ordinance would go to second reading on April 13.
X. OTHER BUSINESS
XI.
MISCELLANEOUS MATTERS FROM CITY
ADMINISTRATOR
City Administrator
Curt Wenson noted that the next Council meeting would be April 13 and would be
a split session of the outgoing/incoming Council. He noted that Charles Anderson, Senior Recreation Programmer, was honored
at the 2009 Missouri Parks and
Recreation Association Annual Conference with the 2009 Aquatics Distinguished
Service Award.
Public
Works Director Steve Hansen stated that City crews replaced a portion of the
sewer line underneath Water
Street this past week. Due
to budget constraints, City staff was utilized to make the repairs and the
street will be resurfaced as part of this year’s street restoration program.
XII.
MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council Member Phillips stated he had recently
experienced a stormwater back-up on his property. Seeing the amount of ground
water that enters the system, and has to be paid to be processed, he stated he
has a greater appreciation for stormwater run off and the City’s aged
infrastructure.
Council Member Martin stated there are a number of 5
ft. brightly colored poles that have been installed along Nashua and asked
staff if they were utility markers. Staff stated they will verify if these are
utility markers or not.
Council Member Brenton congratulated Public Works
staff for repairing the sewer line and using it as a training opportunity for
staff.
Council Member King advised Council that Ruth
Stocksdale passed away earlier this week.
Mayor Steinkamp noted that he attended the funeral and
she had been an asset to this community, as has her family.
XIII. ADJOURNMENT
The meeting adjourned at 9:38
p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk