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CITY COUNCIL MEETING

Split Session of Outgoing and Incoming City Council

MINUTES

APRIL 11, 2005

 

1st SESSION

 

I.                    CALL TO ORDER

 

The first session of a split session of outgoing and incoming City Council of the City Council of the City of Liberty, Missouri was held in the Council Chambers of City Hall on April 11, 2005 with Mayor Stephen P. Hawkins presiding.  Mayor Hawkins called the meeting to order at 7:01 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE

 

The invocation was given by Council Member Coni Hadden, who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Mayor Stephen P. Hawkins; Ed Collins and Coni Hadden, Ward I; LeRoy Coe and Anna Marie Martin, Ward II; Lyndell Brenton and Juarenne Hester, Ward III; and Bill Parker and Jim Robertson, Ward IV.  Also in attendance were Patty Gentrup, City Administrator; Cynthia Boecker; Assistant City Administrator; Steve Hansen, Public Works Director; Steve Anderson, Planning & Development Director; Gary Birch, Fire Chief; Rich Cunningham, Deputy Fire Chief; Craig Knouse, Police Chief; Linda Tyree, Finance Director; Chris Deal, Parks & Recreation Director; Sara Cooke, Public Relations Coordinator; Mary Towse, Human Resources Director; Lyndsay Heal, Management Assistant; Janet Pittman, Executive Secretary; Brenda Uhl, Administrative Secretary; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune, Janese Heavin, Sun News and 57 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.                 SPECIAL SESSION MINUTES OF MARCH 28, 2005

 

Council Member Robertson moved to approve the minutes as distributed.  Council Member Coe seconded the motion, which carried 7-0-1.  Council Member Hadden abstained due to absence.

 

B.                 EXECUTIVE SESSION MINUTES OF MARCH 28, 2005

 

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

 

C.                 REGULAR SESSION MINUTES OF MARCH 28, 2005

 

Council Member Coe moved to approve the minutes as distributed.  Council Member Martin seconded the motion, which carried 7-0-1.  Council Member Hadden abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Hawkins recognized boy scouts present from Troop 134, working on their Citizenship and the Community badges.  Present were Michael Mihalko, Cody Kesler, Matt Kesler, Toby McHardy, and Dalin Russel. Evan Russel and Mike Mundy were also present in support of the scouts.

 

Neeley Schmitz, 2096 Red Oak Lane, asked if the Unified Development Ordinance was going to be considered at this meeting.  Mayor Hawkins stated it is on the agenda for the second session.

 

VI.       MEETING SCHEDULE

 

City Administrator Patty Gentrup stated that a joint session of the City Council and Planning & Zoning Commission would occur at a community forum, Monday, April 18, beginning at 6:00 p.m. at the Liberty Community Center. The Future Land Use Plan would be the topic for review.

 

VII.      ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        APPROPRIATION OF FUNDS FROM MARCH 25, 2005 THROUGH APRIL 8, 2005 – ORDINANCE

 

Council Member Robertson asked for check number 88233 to be removed and voted on separately.  Council Member Hadden requested that check number 88266 be removed and voted on separately.

 

Document No. 6346 was read.  Council Member Martin moved to approve the ordinance.  Council Member Robertson seconded the motion.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Hester – yes; Council Member Parker – yes; Council Member Hadden – yes; Council Member Coe – yes; Council Member Brenton – yes; Council Member Robertson - yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8803.

 

Council Member Martin moved to approve check number 88233.  Council Member Parker seconded the motion.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Hester – yes; Council Member Parker – yes; Council Member Hadden – yes; Council Member Coe – yes; Council Member Brenton – yes; Council Member Robertson - abstain.  The motion carried 7-0-1; it was approved by the Chair and inscribed in Ordinance No. 8803.

 

Council Member Coe moved to approve check number 88266.  Council Member Martin seconded the motion.

 

Vote on the motion was as follows:  Council Member Collins – yes; Council Member Martin – yes; Council Member Hester – yes; Council Member Parker – yes; Council Member Hadden – abstain; Council Member Coe – yes; Council Member Brenton – yes; Council Member Robertson - yes.  The motion carried 7-0-1; it was approved by the Chair and inscribed in Ordinance No. 8803.

 

VIII.     OTHER BUSINESS

 

A.                 CERTIFICATION OF RESULTS OF MUNICIPAL ELECTION APRIL 5, 2005 – MOTION

 

Council Member Hadden moved to certify the election results.  Council Member Collins seconded the motion, which carried unanimously.

 

B.                 OATH ADMINISTERED TO ELECTED OFFICIALS

 

The oath of office was administered by Deputy City Clerk Jane Sharon to the following elected officials:

 

Robert T. Steinkamp, Mayor

Harold A. Phillips, Council Member, Ward One

Anna Marie Martin, Council Member, Ward Two

John M. Parry, Council Member, Ward Three

S. Nick King, Council Member, Ward Four

C. Jane DeWees, City Clerk

Dennis E. Patton, City Auditor

Murray Graber, City Treasurer

 

Mayor Hawkins stated that Harvey Seely, Constable, would be sworn in at a later time.

 

 

Ed Collins thanked the City for the opportunity to serve for twelve years.  He said Liberty is a good town and he is proud of it.  He said this is a great place to raise a family.  He also thanked his wife.

 

Lyndell Brenton thanked his wife and children for their sacrifice while he served.  He thanked the citizens of the third ward and of the City of Liberty.  He said this is a great place to live.

 

Jim Robertson thanked all the citizens of the City for the opportunity to serve for twelve years.  He thanked the members of the Council with whom he has served and the City staff.  He said this is a good experience and encouraged everyone to get involved.  He thanked his wife and said he chose not to run again so he could spend more time with his family.

 

Steve Hawkins noted that between them, the members of the council and he had 102 years of experience working in city government.  He said the departing members would take 56 years with them.  He added he had worked with LeRoy Coe the longest amount of time and with Bill Parker for the fewest number of years.  For six years, there had been no changes to the makeup of the City Council.  He said there is a lot to be said for consistency, when it is enlivened with active, open minds.  He added that change is good and welcome, when tempered with patience and an appreciation for the past.  He said some walking away were doing so with glee and others with respect for the democratic process.  He noted all would retain close ties and offered a positive pledge that those departing were among the most-interested and, for a time, the most informed about City processes and plans.

 

IX.       ADJOURNMENT OF 1ST SESSION

 

            The first session adjourned at 7:30 p.m.

 


2nd SESSION

 

I.          CALL TO ORDER

 

The second session of a split session of outgoing and incoming City Council of the City Council of the City of Liberty, Missouri was held in the Council Chambers of City Hall on April 11, 2005 with Mayor Robert T. Steinkamp presiding.  Mayor Steinkamp called the meeting to order at 8:00 p.m.

 

II.         ROLL CALL

 

Roll call was answered by Mayor Robert T. Steinkamp; Harold Phillips and Coni Hadden, Ward I; LeRoy Coe and Anna Marie Martin, Ward II; Juarenne Hester and John Parry, Ward III; and Nick King and Bill Parker, Ward IV.  Also in attendance were Patty Gentrup, City Administrator; Cynthia Boecker; Assistant City Administrator; Steve Hansen, Public Works Director; Steve Anderson, Planning & Development Director; Gary Birch, Fire Chief; Rich Cunningham, Deputy Fire Chief; Craig Knouse, Police Chief; Linda Tyree, Finance Director; Chris Deal, Parks & Recreation Director; Sara Cooke, Public Relations Coordinator; Mary Towse, Human Resources Director; Lyndsay Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune, Janese Heavin, Sun News and 36 members of the public.

 

III.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        RESOLUTIONS OF APPRECIATION TO OUTGOING ELECTED OFFICIALS

 

Mayor Steinkamp welcomed all to the second session of the Council meeting.

 

1.         STEPHEN P. HAWKINS

 

Mayor Steinkamp read the resolution of appreciation and commendation to Steve Hawkins.  Council Member Hadden moved to approve the resolution.  Council Member Coe seconded the motion, which carried unanimously and is inscribed in Resolution No. 2204.

 

Steve Hawkins again expressed his thanks and said he enjoyed his service and is jealous of those on the Council for the chances they will have.

 

2.         CLIFTON “ED” COLLINS

 

Mayor Steinkamp read the resolution of appreciation and commendation to Ed Collins.  Council Member Phillips moved to approve the resolution.  Council Member Parker seconded the motion, which carried unanimously and is inscribed in Resolution No. 2205.

 

Council Member Phillips said the residents of Ward I are indebted to Ed Collins for the leadership he has provided.

 

3.         LYNDELL W. BRENTON

 

Mayor Steinkamp read the resolution of appreciation and commendation to Lyndell Brenton.  Council Member Hester moved to approve the resolution.  Council Member Parker seconded the motion, which carried unanimously and is inscribed in Resolution No. 2206.

 

Lyndell Brenton again thanked his family and the citizens, but said he wanted to offer thanks and his best wishes to the city staff and to the council members and mayor with whom he had the pleasure to serve.  He said there are great things in store for the City and a lot of the “heavy lifting” had already been done.  Mr. Brenton said he knows the new Council will enjoy their work.

 

4.         JIM ROBERTSON

 

Mayor Steinkamp read the resolution of appreciation and commendation to Jim Robertson.  Council Member Coe moved to approve the resolution.  Council Member Parker seconded the motion, which carried unanimously and is inscribed in Resolution No. 2207.

 

Jim Robertson said he would miss the City.

 

Mrs. Gentrup noted that the next three items on the agenda were sent for second reading to this agenda by the previous Council.  The amendment to the City Code adopting a Unified Development Ordinance required a public hearing, which was opened, conducted and closed at the March 28, 2005 meeting.

 

Mrs. Gentrup reviewed the Council’s options with regard to these ordinances, including considering the ordinances and voting or continuing consideration to a date certain.  If any of the ordinances are continued, Mrs. Gentrup requested the Council provide direction about any information staff should provide.

 

Mayor Steinkamp asked for clarification that the first available date for next consideration of the ordinances would be May 9.  Mrs. Gentrup said information could be reviewed in a study session on May 2 and then considered formally on May 9.

 

B.         AMENDMENT TO THE LIBERTY CITY CODE BY ADOPTING A UNIFIED DEVELOPMENT ORDINANCE [P&Z CASE NO. 05-008A] – ORDINANCE (SECOND READING)

 

Mayor Steinkamp noted that, while the public hearing had been held on March 28, 2005, he understood there were people present wishing to speak to the ordinance and an opportunity to do so would be provided.  He asked those speaking to confine their remarks to no more than ten minutes.

 

Neeley Schmitz, 2096 Red Oak Lane, stated that he was there to support the hard work that had been done by the previous Council in reviewing the proposed Unified Development Ordinance (UDO).  He said there had been ample opportunity for input and he asked that the Council vote on and adopt the UDO this evening.

 

Mayor Steinkamp asked if others wished to address the Council on this matter.  Seeing none, he brought the discussion back before the Council.

 

Document No. 6334 was read.  Council Member Martin moved to approve the ordinance.  Council Member Coe seconded the motion.  Council Member Hadden stated quite a bit of time had been spent reviewing the UDO, by Council, Planning & Zoning Commission, Parks &


Recreation Board, citizens and the development community.  She said this came about in an effort to implement the Blueprint for Liberty in which the Code was streamlined to make it easier to understand.  She said she would vote in favor of the ordinance.

 

Council Member King said, as a new member of the Council and one who doesn’t have as much experience, he had been given ample opportunity to study and review the UDO.  He said in the recent review conducted by the Community Housing Assessment Team (CHAT), the UDO was described as a permissive document.  He added it brings focus to a confusing set of codes.  Mr. King said he is ready to vote in favor of the ordinance.

 

Council Member Martin said she echoes the other council members’ statements and believes it should be passed to reinforce all it stands for.  She said she would vote in favor of the ordinance.

 

The motion carried, 7-0-1.  Council Member Parry abstained.  The ordinance was approved by the Chair and is inscribed in Ordinance No. 8804.

 

C.         ESTABLISHMENT OF FEE IN LIEU OF PARKLAND DEDICATION – ORDINANCE (SECOND READING)

 

Mrs. Gentrup said this ordinance is on second reading and is a recommendation out of the Parks & Open Space Master Plan to change the fee in lieu of parkland dedication from $8,000 per acre to $12,000 per acre.  She noted the $8,000 per acre fee had been in effect since 1987.

 

Document No. 6338 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion.  Council Member Parker asked if there was a way to distinguish the value of the ground dedicated as parkland as some has included creeks.  Planning & Development Director Steve Anderson said there is currently no distinction made between functional parkland and greenway.  In 1987, the $8,000 per acre figure was based on appraised value.  Mrs. Gentrup said when the land is dedicated, the City looks at how it fits in with the park plan.

 

Mr. Parker asked about the maintenance of creek beds and mowing near the creeks.  Parks & Recreation Director Chris Deal said land has been accepted along creeks and can be incorporated into the trails system.  He said City staff works with the State with regard to leaving creeks in their natural state and the areas where the parks develop are manicured.  He said that, while staff maintains creeks in parkland areas of the City, there are miles of creek in the 500 acres of parks.  Staff works to clean out as much as they can.  Mrs. Gentrup noted that the issue with creeks is not just in parks, but throughout the city, and affects private property as well.

 

Mr. Parker asked if any of the fee in lieu of parkland is set aside to provide maintenance in storm drainage areas.  Mrs. Gentrup said the fee is typically set aside for parks in the specific zone in which the development is located.  She said storm water is another issue.  Mr. Parker said the City tells property owners they must do certain things to maintain their areas and would like to see the City have the wherewithal to take proper care of its parkland, including creeks.

 

Mr. Deal said staff does work in creek areas from time to time.  He said the staff also works with civic groups, such as Kiwanis, which have adopted trails for cleanup.  Mr. Deal said the staff tries to use the resources available.  Mr. Parker said he believes the staff does a great job and he would like the funds to be available in the future to hire contractors when needed, in order to keep the waterways looking nice.

 

Council Member Hester clarified that parkland dedication is already a part of development requirements and only the dollar amount of the fee in lieu of parkland dedication is being changed with this ordinance.  Mrs. Gentrup said that is correct.

 

Mayor Steinkamp asked how the $12,000 per acre fee compares to other communities.  Mr. Deal said the process used for parkland dedication is similar to what most cities use.  He noted that a survey conducted by the Mid-America Regional Council (MARC) looked at 16 cities.  Area realtors provided estimates of land value.  He said the increase from $8,000 to $12,000 per acre for the fee is consistent with the Kansas City area.  He said the comparison is not an easy one because some use lot price and others a percentage, but generally it is comparable.  Mr. Deal said the fee increase was recommended by the consultants because the $8,000 per acre fee is not consistent.  Mayor Steinkamp said he is familiar with the fee and wanted to make sure the City’s change was not at odds with area communities.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8805.

 

D.        CONTRACT WITH BURNS & MCDONNELL ENGINEERING CO. INC. IN AN AMOUNT NOT TO EXCEED $218,824 FOR THE SECOND PHASE OF STORM WATER FINANCING – ORDINANCE (SECOND READING)

 

Mrs. Gentrup said this ordinance will address the second phase of storm water financing and took some time to negotiate, as there are $24 million in storm water needs and this phase will identify financing strategies.  She added there is $325,000 annually available through the remainder of the capital improvement plan.  Public Works Director Steve Hansen said it is critical for the citizens to have an understanding of these needs, so City actions are not subject to challenge.  He said the focus of this phase is on funding strategies and public involvement to develop strategies leading up to a potential election, should it go to the voters.  If a particular strategy is developed, the planning goes to a third phase.

 

Document No. 6339 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hester seconded the motion.  Council Member Martin asked if the services needed in this contract would be provided, given the amount has been reduced by $42,000.  Mr. Hansen said staff was very careful to ensure the services needed to carry out the intent of the contract would be provided.  He said City staff would provide some in-kind services with this change, but the City is getting what is needed.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8806.

 

Mrs. Gentrup thanked the Council for its consideration of this ordinance and said staff would be scheduling a study session this summer to review this issue with the Council in more detail.

 

IV.       MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mrs. Gentrup stated that City employees are looking forward to working with the new City Council and asked the management staff to introduce themselves.  Mayor Steinkamp said the members of the City Council were looking forward to working with the staff.

 


V.        MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips said he appreciated the opportunity to move to more comfortable chairs.  Mrs. Gentrup stated that there is a possibility that a request for new furniture in the chambers will be included in the 2006 proposed budget.

 

Council Member Martin commended the staff that had participated in and coordinated the docudrama on drinking and driving.  She said the full importance may not be known, but with prom coming up, the timing was good.  She thanked the fire and police staff for what they do in this regard.  Mrs. Gentrup stated that Deputy Fire Chief Rich Cunningham, Police Officer Mike Snider, School Resource Officers Jeanice Corum and Bob Kumpost had all participated.  She offered to obtain the tape for the Council to view.

 

Council Member Martin also noted the great announcement that Liberty has been designated as a Tree City USA and thanked the Tree Board members for their efforts in making successful application.

 

Council Member Hester thanked the staff for working on the lights in the Chambers so the heat they generated was not as intense.  She noted the Kansas City Arts Council is having a program on Thursday night, April 14, at the Johnson County Community College and she had details for anyone interested in attending.

 

Council Member Hadden said it was a pleasure taking part in the regeneration of the Council and she was looking forward to working on the new challenges ahead.

 

Council Member Coe said he looked forward to working with the new mayor and council members.

 

Council Member Parry said it was good to be here.

 

Council Member King said it had been an interesting election and a good experience.  He complimented the quality of the people in Liberty who recognized the candidates were running for a seat and not against each other.  He said they were all headed toward a mutual goal to benefit the City.

 

Mayor Steinkamp said this has been a fun and interesting experience and he is looking forward to the next two years.  He referred to upcoming events for the newly elected officials – one in Jefferson City on June 10 put on by the Missouri Municipal League and the other sponsored by MARC on May 11.  He encouraged all the newly elected officials to consider attending one or both of these sessions.

 

VI.       ADJOURNMENT OF 2ND SESSION

 

            The second session adjourned at 8:58 p.m.

 

 

 

                                                                                    __________________________________

                                                                                    Mayor

            Attest:

 

           

            _____________________________________

Deputy City Clerk