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CITY COUNCIL MEETING

MINUTES

MONDAY, JANUARY 9, 2006

 

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 9, 2006 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 Council Member Bill Parker who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Mayor Robert T. Steinkamp; Coni Hadden and Harold Phillips, 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 Curt Wenson, City Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works Director; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Mike Snider, Deputy Fire Chief; Chris Deal, Parks & Recreation Director; Linda Tyree, Finance Director; Marcella McCoy, Assistant Finance Director; Steve Anderson, Planning & Development Director; Tony Sage, Information Services Manager; Sara Cooke, Public Relations Coordinator; Lyndsay Johnson, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; Tanya Fogg Young and Intern Kristen Waggener, The Kansas City Star; and 28 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.        REGULAR SESSION MINUTES OF DECEMBER 19, 2005

 

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

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Steinkamp recognized Raytown Mayor Sue Frank, who presented a proclamation to City Administrator Curt Wenson for his service as city administrator on behalf of the citizens of the city of Raytown.  Mayor Frank also presented Mr. Wenson with a key to the city of Raytown.

 

Mayor Steinkamp then asked how many people wished to speak during this segment of the agenda and asked them to limit their remarks to seven minutes each.

 

Fay Bedinger, 232 West Franklin, stated that she has a pin for the mayor that says, “This land is my land.”  She stated she had asked to be added to the agenda and the new city administrator had refused her request.  She expressed concern about the manner in which the mayor and council members hold meetings and reviewed the correspondence between herself and the mayor regarding the Sunshine Law.  Mrs. Bedinger stated that Council Member Hester, Council Member Hadden and Mayor Steinkamp had all told her they were meeting when she encountered each of them in the bookstore.  She stated they had discussed city business and there was no notice and no minutes of that meeting.  Mrs. Bedinger added that there was too much being discussed that concerns the whole town and stated the public business of Liberty should be discussed in public.

 


            Mrs. Bedinger stated that the mayor has indicated the meeting wasn’t official, but she believes the Sunshine Law covers it.  She referred to a court case in which council members had met with city staff to discuss a budget and were found to be in violation of the Sunshine Law.  Mrs. Bedinger asked the council members to note, by a show of hands, who believed in having secret meetings and who did not.

 

            Mayor Steinkamp responded to her comments by saying the Sunshine Law is more than just the booklet from the Attorney General’s office.  He stated that the court case she cited referenced a meeting of council members who made up a quorum of a finance committee.  Mayor Steinkamp stated that the meeting about which Mrs. Bedinger expressed concern was not an official meeting and did not violate the Sunshine Law.  He stated that it is neither his intent nor that of the council members to violate the Sunshine Law and they do not believe they did so.  Mayor Steinkamp stated that, in response to Mrs. Bedinger’s inquiries, the City’s legal counsel and a second law firm had been consulted.  Legal counsel has advised that this meeting was an informal discussion and not an official meeting requiring notice or minutes.  He stated that Mrs. Bedinger’s concern and desire for fair and open government are very much appreciated and he hoped she would continue in her role as watchdog.  In this instance, however, Mayor Steinkamp said Mrs. Bedinger is wrong and this was not a violation of the Sunshine Law and not a meeting under that law’s definition.

 

            Mrs. Bedinger said this is not the only meeting that has occurred like that one and it comes under the category of meeting piecemeal.  Mayor Steinkamp stated that had been the only meeting on that issue, at which the two council members and he discussed City boards and commissions.

 

            Doug Bratcher, 1330 Clayview, stated that the downtown Liberty plan has a lot of people stirred up.  He said he would like to know what the City intends to do with eminent domain.  He has heard that the City is not going to use it for the downtown, but also understands the City is asking the State not to intervene in the City’s right to use eminent domain.

 

Mr. Bratcher stated there are newly installed streetlights on the Square that are not working and he asked what number he should call to report that.  He asked what to do about getting the streets cleaned of litter.  Mr. Bratcher stated that he would appreciate getting more information from the City so that the information the public has isn’t just rumor and innuendo.  He asked if the City still leased the streetlights that had been installed on the Square.  Mr. Bratcher said he wanted Liberty to be a nice clean town for people to visit.

 

Mayor Steinkamp thanked Mr. Bratcher for his comments and said information about where to call to report streetlights would be provided.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 APPOINTMENTS

 

Board of Appeals

 

Appoint David Dennis to a term expiring 12-30-06

Appoint Dobbe Dobberstine to a term expiring 12-30-08

Appoint Chris Richards to a term expiring 12-30-09

Appoint John Kern, Jr. to a term expiring 12-30-10

 

Board of Adjustments

 

Appoint Andy Pratt to a term expiring 04-01-09

 

Council Member Hadden moved to approve the appointments.  Council Member Hester seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.        REZONE 42.5 ACRES TO C-2, GENERAL BUSINESS DISTRICT AND 27.4 ACRES TO MU, MIXED USE, AND PRELIMINARY DEVELOPMENT PLAN FOR DEVELOPMENT OF WHITEHALL PLAZA LOCATED AT I-35 AND SOUTH LIBERTY PARKWAY; [P&Z CASE NO. 05-052R&PDP; APPLICANT: HNTB/John Ferguson] – ORDINANCE (to be continued to the January 23, 2006 regular session.)

 

Mayor Steinkamp opened the public hearing and stated a request had been made to continue consideration of the application to allow review by the Planning & Zoning Commission.

 

Council Member King moved to continue consideration of the application to the January 23, 2006 regular session.  Council Member Martin seconded the motion, which carried unanimously.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM DECEMBER 16, 2005 THROUGH JANUARY 6, 2006 – ORDINANCE

 

Document No. 6465 was read.  Council Member King moved to approve the ordinance.  Council Member Martin seconded the motion.

 

Council Member Hadden asked about check number 92856.  Public Works Director Steve Hansen stated that it was for the one-call system in which the State now requires the City to participate and pay in for each call.  The expense is paid out of water and sewer funds.  He stated the City just began its participation late in 2005 and there is insufficient history available to know what the cost will be.  The one-call system has been in place for a number of years.

 

Vote on the motion was as follows:  Council Member Phillips – yes; Council Member Martin – yes; Council Member Hester – yes; Council Member Parker – yes; Council Member Hadden – yes; Council Member Coe – yes; Council Member Parry – yes; Council Member King – yes.  The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 8924.

 

B.         LOT 1, NORTHWYCK BUSINESS PARK, FIRST PLAT

 

1.         *FINAL PLAT FOR [P&Z CASE NO. 05-053FP; APPLICANT: LABOSU, LLC] – ORDINANCE

 

Planner Dan Fernandez stated the application is for a final plat of Lot 1, Northwyck Business Park, First Plat.  The plat is approximately 3.63 acres zoned C-O, Non-Retail Business District, located along Rush Creek Parkway.  He stated that the lot has direct access to Rush Creek Parkway. Sanitary sewer and water service will be provided via an extension to existing mains.  Storm water will be detained through existing storm water pipes underneath Rush Creek Parkway.  This final plat will allow for development of the property with a development plan application anticipated early this year.  The applicant is proposing three office buildings for the site.  The application substantially conforms to the requirements set forth in the Unified Development Ordinance and the Planning & Zoning Commission recommends approval.

 


Council Member Parker asked for clarification of the access to Rush Creek Parkway.  Mr. Fernandez stated that the Parkway does not show on the map, but there will be direct access to that road, which is now built.  Council Member Martin asked if the site is directly behind Liberty Terrace Care Center.  Mr. Fernandez said it is.  Mrs. Martin recommended council members who have not done so, drive on the Rush Creek Parkway, which was well done and provides alternate access to the hospital.

 

Council Member Parry agreed it is a nice road, but expressed concern about where it ties in to Glenn Hendren and the increase in traffic due to development in this area.

 

Document No. 6466 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member Phillips seconded the motion, which carried unanimously.

 

Council Member Coe 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. 8925.

 

2.         ACCEPTANCE OF PUBLIC WATER MAIN EASEMENT – ORDINANCE

 

Document No. 6467 was read.  Council Member Coe 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 Hadden seconded the motion.  Council Member King asked who was providing the easement.  Mr. Hansen said it is being provided by the developer, Labosu.  Council Member Parry asked if the water line runs the length of the Parkway.  Mr. Hansen said it does and was a joint project with adjacent property owners and the hospital.  Mr. Parry asked if the City agreed to put in the infrastructure if they built the road.  Mr. Hansen said the infrastructure was at the developer’s cost.

 

The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8926.

 

C.         DISCLAIMING AND ABANDONING A UTILITY EASEMENT FOR LOTS 8A AND 9 - WHITEHALL ADDITION, FIRST PLAT – ORDINANCE

 

Document No. 6468 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member Coe moved to approve the ordinance.  Council Member Hester seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8927.

 

D.        ESTABLISH TERMS FOR AND APPOINTMENTS TO LIBERTY PARKS & RECREATION FOUNDATION ADVISORY COMMITTEE – ORDINANCE

 

Council Member Hester asked for clarification that an additional appointment will be made to the Advisory Committee.  Mayor Steinkamp said that was correct.  Council Member Martin asked if the ordinance could be considered without the names attached.  Assistant City Administrator Cynthia Boecker stated that the appointments were included in the ordinance for convenience and there is a section that states future appointments may be handled by motion.

Council Member Coe asked if the ordinance could go to second reading.

 

Document No. 6469 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member King seconded the motion, which failed 1-7-0.  Council Member Phillips, Council Member Martin, Council Member Hester, Council Member Parker, Council Member Hadden, Council Member Coe and Council Member Parry voted in opposition to the motion.

 

Mayor Steinkamp stated the ordinance would be considered on second reading at the January 23, 2006 meeting.

 

Council Member Parry asked if a short summary of proposed appointees could be provided to the Council.  Council Member Parker asked for information on how the appointments fit with the board or commission.  Mayor Steinkamp stated that he would work with staff to provide additional information but cautioned that these are volunteers and they shouldn’t have to provide resumes to be appointed.

 

E.         CONTRACT WITH KANSAS CITY AREA TRANSPORTATION AUTHORITY (KCATA) FOR ADA COMPLIANT RIDES/LIBERTY ACCESS – ORDINANCE

 

Ms. Boecker stated this is one of several contracts that come forward annually pertaining to the Liberty Access bus.  The others are from the Mid-America Regional Council (MARC).

 

Document No. 6470 was read.  Council Member Coe 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 Hester seconded the motion.  Council Member Phillips asked if there are times that there is a charge to ride the Access bus.  Parks & Recreation Director Chris Deal stated there is a charge for non-essential trips, such as to the beauty shop.  The cost is $0.70 each way and coupons are available for purchase for these trips.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8928.

 

F.         AGREEMENT WITH LIBERTY SPORTS OFFICIALS IN AN AMOUNT NOT TO EXCEED $110,000 FOR PARKS DEPARTMENT OFFICIATING SERVICES – ORDINANCE

 

Council Member Parry asked what fund would cover this expense.  Mr. Deal stated it is in the Park Fund for recreational play, such as T-ball, basketball and soccer and the cost of officials is covered in the fees.  Council Member King clarified that this is revenue neutral, coming in as fees and going out as expense.  Mr. Deal agreed.  Council Member Coe asked about the Liberty Sports Officials.  Mr. Deal said Bill Barnes is the representative and the agreement is for the same amount as last year.

 

Document No. 6471 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 Hester moved to approve the ordinance.  Council Member Hadden seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8929.

 


G.         LEASE AGREEMENT FOR SRO VEHICLE WITH GARY CROSSLEY FORD – ORDINANCE

 

Document No. 6472 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Hadden seconded the motion, which carried unanimously.

 

Council Member Hadden moved to approve the ordinance.  Council Member Coe seconded the motion.  Council Member Hester asked if one vehicle is still provided at no cost by Crossley Ford.  Police Chief Knouse said that was correct.  Council Member King asked about the SRO program.  Chief Knouse stated the school resource officers are provided in a cooperative program with the school district.  The City provides the vehicles and seeks the least expensive means to provide them.  Gary Crossley Ford provides one at no cost and a second one is leased.  This would allow for a third vehicle to be provided and would be a lease agreement with Gary Crossley Ford.  Mr. King asked if the resource officers are regular officers.  Chief Knouse said they are regular police staff and coordinate the DARE program in the Liberty schools and provide a law enforcement presence.  Mr. King asked if the school district wants the officers in the schools.  Chief Knouse said they do and the school district pays 50 percent of the salaries, uniform and equipment costs and for 100 percent of the supplies for the DARE program.  Council Member Phillips asked how the program went from one free vehicle to one free and two leased vehicles.  Chief Knouse said it was probably when the program spread into many communities, all seeking assistance with the costs and it is more competitive now.

 

The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 8930.

 

H.        AMENDMENT TO TRAFFIC REGULATIONS – FORREST AVE., WITHERS RD. – ORDINANCE

 

Document No. 6473 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 Hadden 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. 8931.

 

I.          MAINTENANCE AGREEMENT WITH INTER-TEL FOR TELEPHONE SYSTEM – ORDINANCE

 

Document No. 6474 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member Coe moved to approve the ordinance.  Council Member Hester seconded the motion.  Council Member Martin asked if any other companies’ systems have been researched.  Mr. Hansen stated that the phone system will need to be replaced in the next few years and staff is looking at the various functions that should be incorporated into a new system, including newer technology, such as voice over internet capability (VOIP).  The current system was originally purchased in 1997 and replacement equipment is not readily available.  Mrs. Martin asked if this agreement covers repairs to the entire system.  Mr. Hansen said it covers everything but damaged equipment or moving of phones from one location to another.  He noted that the most important feature of the agreement is that the City receives priority for service in emergencies.

 

Council Member Parry asked why the expense is in the public works’ budget.  Mr. Hansen said it was placed there some time ago and hasn’t been moved.  Council Member King asked for clarification of the 15% increase over last year’s cost.  Mr. Hansen said that is due to additional equipment installed over the last year and is figured on a per unit basis.

 

The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 8932.

 

X.         OTHER BUSINESS

 

A.        SETTLEMENT PAYMENT TO FIRST DEAL, LLC PERTAINING TO SOUTH LIBERTY PARKWAY – MOTION

 

Council Member Coe moved to approve the payment.  Council Member Hadden seconded the motion.  Council Member Martin asked for clarification of the process that led up to this additional payment.  Mr. Hansen stated that the City had taken this through the court in a condemnation proceeding when the property was owned by the Society of the Precious Blood.  Following a report of the commissioners filed with the court, an award of approximately $250,000 was paid to Precious Blood.  This property had a higher value than some of those along the Parkway because it is bisected by the South Liberty Parkway.

 

Mr. Hansen stated that, at some point after initiation of the condemnation process, a portion of the property owned by the Society of the Precious Blood was purchased by John Ferguson, under the name First Deal, LLC.  Concurrent with the payment of the award to Precious Blood, exceptions appealing the award were filed by both the City and First Deal.  With First Deal becoming part of the ownership of the Precious Blood property, efforts were made to have the exceptions dismissed and the matter resolved by negotiated settlement.  Negotiations took place, followed by a mediation process, however agreement could not be reached between the City and First Deal.  Negotiations continued, resulting in the $80,000 settlement.

 

Mrs. Martin asked what exceptions had been filed.  Mr. Hansen stated the City believed the commissioners’ award was too high and First Deal believed its compensation was not enough.  It was believed that the potential costs of taking this through the court process could be much higher than the settlement, which is less than what was originally sought by First Deal.

 

Council Member Hester asked when First Deal became a property owner.  Mr. Hansen stated First Deal acquired the property before the award to the Society of the Precious Blood was made public.  Though the transfer was not made in the timeframe the City would have liked, it did take place within the period that requires the City to address the new property owner.

 

Council Member Parry asked if the contingency funds will be sufficient to get through the project as budgeted.  Mr. Hansen stated there will most likely be contract adjustments based on the final construction costs and there are still two properties yet to be settled, in which appeals have been filed.  The City has possession of the property.  It will be a tight project and there have been unforeseen costs, such as the recently approved KPC&L lighting installation.  Ms. Boecker stated that the staff would provide updates as they become available.

 

Council Member Phillips stated it is interesting to see how developers can get the City to participate in projects.  Council Member Martin asked for clarification that the $250,000 was awarded before First Deal’s ownership of property was known.  Mr. Hansen said that was correct and that award was determined by the court.  Council Member King asked what alternatives there were if the contingency did not cover costs.  Mr. Hansen said other sources of funding are available, should they be necessary.

The motion carried unanimously.

 

B.         PLANNING & ZONING COMMISSION APPOINTMENTS

 

1.         REAPPOINT LAURIE SUTTON TO A TERM EXPIRING 01-01-09 – MOTION

 

Council Member Phillips moved to approve the appointment.  Council Member Hester seconded the motion, which carried unanimously.

 

2.         APPOINT GARY ARMSTRONG TO A TERM EXPIRING 01-01-09 – MOTION

 

Council Member Hadden moved to approve the appointment.  Council Member Hester seconded the motion, which carried unanimously.

 

3.         APPOINT TOM ATKINS TO A TERM EXPIRING 01-01-09 – MOTION

 

Council Member King moved to approve the appointment.  The motion died for lack of a second.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Ms. Boecker noted Monday, January 16 is a city-observed holiday and so the study session is scheduled for Tuesday, January 17.

 

Ms. Boecker stated that staff has begun working on the financial summit which comprises a series of study sessions culminating in a day long review.  More details will be provided with possible scheduling beginning in late winter or early spring.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips stated a celebration on the Martin Luther King, Jr. holiday is planned at William Jewell College.  Mayor Steinkamp said a proclamation would be presented at the event.

 

Mr. Phillips commented that, while he had not yet received Mrs. Bedinger’s letter, he believes it is good to always engage in legal, lawful conversations.

 

Council Member Martin welcomed new city administrator, Curt Wenson.  Council Member Parker and Council Member Parry also welcomed him to the City.

 

Council Member Hadden stated she had received information from Linda Williams at the Martha LaFite Thompson Nature Sanctuary about a rain garden initiative, which includes a sit down dinner on April 8.  She said Ms. Williams has encouraged the City to get involved in this project that can be tied to storm water runoff.

 

Council Member Coe referred to Mr. Bratcher’s comments about reporting street light outages and said the police used to make reports in the past and he hoped that would continue.

 

Council Member King stated he received a call from the property owner at 1116 South Missouri about a sewer backup.  The property owner expressed appreciation for the help of the city staff.  Mr. King stated it was good to be focused on roads and sewers for the citizens.  He asked if the neighborhood in the area of this property owner is on the schedule for improvements.  Mr. Hansen stated that he believes the area is in a


candidate neighborhood, but work is not imminent due to the recommendations of the capital improvements committee.  There is also an opportunity to rehabilitate certain infrastructure, which may be more helpful in this particular location.  He stated that the problem may be in the property owner’s line.  Ms. Boecker noted this could be part of the discussion next Tuesday.

 

Mayor Steinkamp welcomed the new city administrator and expressed appreciation for the job Cynthia Boecker had done as acting city administrator since August.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:22 p.m.

 

 

 

                                                                                    __________________________________

Mayor

Attest:

 

 

 

_____________________________________

Deputy City Clerk