CITY COUNCIL MEETING
MINUTES
MONDAY, OCTOBER 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 October 9, 2006 with Mayor Robert T. Steinkamp presiding. Mayor Steinkamp called the meeting to order
at 7:01
p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Council Member Juarenne
Hester who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Coni Hadden and Harold Phillips, Ward I; Juarenne Hester
and John Parry, Ward III; and Nick King, Ward IV. Also in attendance were Curt Wenson, City
Administrator; Cynthia Boecker, Assistant City Administrator; Craig Knouse,
Police Chief; Gary Birch, Fire Chief; Linda Tyree, Finance Director; Tony Sage,
Information Services Director; Steve Anderson, Planning & Development
Director; Sara Cooke, Public Relations Coordinator; Shawnna Funderburk,
Assistant to the City Administrator; Jane Sharon, Deputy City Clerk; Lindsay
Hanson Metcalf, The Kansas City Star; Angie Borgedalen, Liberty Tribune; and 8
members of the public.
IV. APPROVE
MINUTES AND SUMMARIES
A. REGULAR SESSION MINUTES OF SEPTEMBER 25,
2006
Council Member Hadden moved to approve the minutes as
distributed. Council Member King
seconded the motion, which carried unanimously.
B. ACKNOWLEDGEMENT OF NOTES FROM OCTOBER 2, 2006 STUDY SESSION
Mayor Steinkamp stated that notes from October 2, 2006 had been prepared but did not require approval of the
Council as there was no quorum of City Council present and the meeting was not
official.
V. CITIZENS’ PARTICIPATION
Twyla
Ferguson, 511
Sarah Lane,
asked for follow-up information for her previous comments to Council regarding
the ability of the Sonic in Liberty
to place picnic tables at that location for customers’ use. Planning & Development Director Steve Anderson
stated that he contacted the management for the Sonic in Liberty about the picnic table matter. The manager said, while they had considered
adding a picnic table, they had understood it was not permitted at that
location. Mr. Anderson stated there are
some right-of-way and safety issues that need to be addressed, but offered to
meet with the Sonic management to discuss options. To date, the management has not scheduled a
meeting with him or his staff. Ms.
Ferguson asked if she should contact the Sonic manager. Mr. Anderson stated she could do that to
confirm she is still interested in the restaurant pursuing setting up outdoor
seating for its customers.
Marta
Hedgecorth, 23403
E. 100th Street, stated she moved to the country from the city. She said she is aware there is an annexation
vote coming up but hasn’t received much information. Ms. Hedgecorth said she talked with a Missouri City volunteer firefighter and was told there was a long
lag time when Liberty was asked to respond to a wreck on Old 210 Hwy. She stated she couldn’t tell yet whether
being annexed would make things better or worse in terms of fire response. Fire Chief Gary Birch confirmed she was talking
about the Fishing River Fire District, which is a volunteer operation. He stated that group responds to fire calls
and Liberty dispatches ambulances and emergency medical services
through a mutual aid agreement. He
stated he could research the specific incident she mentioned and provide more
information. Ms. Hedgecorth asked if it
is clear who is supposed to respond or if there is some confusion. Chief Birch stated that both Fishing River and Liberty Fire respond, with Liberty responding from Fire Station No. 3. He stated there has been a history of good
response time and service would be provided to the area, if annexed into Liberty. City
Administrator Curt Wenson stated that Liberty’s Public Relations Coordinator Sara Cooke would
provide Ms. Hedgecorth with the City’s website where there is information about
the proposed annexation. Mayor Steinkamp
encouraged Ms. Hedgecorth to look at the information on the website. He stated it has been very helpful as he
presents information about the proposed annexations.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS – None
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM SEPTEMBER 15, 2006 THROUGH SEPTEMBER 29, 2006 – ORDINANCE
Document No. 6579 was read. Council Member King moved to approve the
ordinance. Council Member Hester
seconded the motion.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Hester – yes; Council Member Hadden – yes; Council Member Parry – yes; Council
Member King – yes. The motion carried
unanimously; it was approved by the Chair and inscribed in Ordinance No. 9038.
B. AMEND
CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE LIBERTY CODE OF ORDINANCES PERTAINING TO PARKING – ORDINANCE
Document No. 6580 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Phillips seconded the motion, which carried unanimously.
Council Member Hadden moved to approve the
ordinance. Council Member Hester
seconded the motion. Council Member
Hadden stated that people around the Square have asked why the proposed
ordinance reduces the number of warnings from two every six months to one for
the entire year. Council Member Phillips
added that Historic Downtown Liberty, Inc. (HDLI) wanted two warnings a year, rather
than one. Council Member Hadden stated
the purpose of the amendments is to make the parking ordinance more visitor
friendly.
Council Member King moved to amend the ordinance to
permit two warnings per year. Council
Member Phillips seconded the motion. Council Member Phillips asked if the staff
had any sense that this would be a problem.
Mr. Anderson stated that the staff originally proposed two warnings a
year, as requested by HDLI and, following discussion about employee parking,
Council directed staff to bring forward the amendments with one warning a
year. He stated that two warnings is
more merchant friendly. Council Member
King stated he is in favor of the amendment because he has been contacted by
those requesting it be increased from one to two. The motion carried unanimously.
Council Member Hester asked for clarification of
whether the parking spaces on Water Street would be changed to two hour or remain reserved. Mr. Anderson stated four parking spaces on Water Street would remain reserved for the County Sheriff. The motion as
amended carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9039.
C. AMENDMENTS
TO THE LIBERTY CODE OF ORDINANCES (FIRST READING)
Mr. Wenson stated that the staff recommends first
reading only on the ordinances amending City Code to allow review and comment
by citizens, as these are changes to the current City Code in force for the
City. He stated that one change had been
made from what was proposed at Council’s review in study session and that was
at the recommendation of legal counsel for a definition of the agricultural
area in which numbers of dogs and cats would not be specified.
Mr. Anderson reviewed the proposed changes in each
ordinance. All-terrain vehicles would be
permitted on private property between the hours of 6 am and 10 pm. Home occupations would be permitted out of
accessory structures by special use permit.
He noted that the special use permit process requires an application
which includes a fee, public notice of hearings before the Planning &
Zoning Commission and the City Council and notification of adjacent property
owners. Any special use permit must fit
within the area proposed. Mr. Anderson
also noted that there are restrictions related to operating home based
businesses including the number of employees and hours of operation.
Mr. Anderson stated that the ordinance pertaining to
pets was proposed to regulate numbers of dogs and cats in non-agricultural
areas. Legal counsel advised that, while
it makes sense not to regulate by zoning, that some definition of agricultural
area must be established. The
one-hundred acre distinction was an effort to define a functioning farm, on
which the number of pets did not need to be regulated.
The fireworks ordinance would permit non-aerial
fireworks throughout the City July 1 through July 5 and aerial fireworks during
the same time period on private property three acres or larger. The sale of fireworks would be permitted by
special use permit.
Council Member King asked if areas are annexed into
the City, those with existing businesses in accessory structures would be
grandfathered in. Mr. Anderson said that
was correct.
Council Member Hester asked if farming is considered a
home-based business. Mr. Anderson stated
that farming is permitted outright and the home-based business standards do not
apply to that occupation. Mrs. Hester
asked if that meant nothing would change for those farming operations that
might exist in areas proposed to be annexed, if annexation occurs. Mr. Anderson said that was correct. Mayor Steinkamp asked for clarification that
this would apply also to those storing farming equipment at their homes but
moving it to property elsewhere for operation.
Mr. Anderson said that was correct.
Council Member Phillips asked about the special use
permit process and how long one is effective, once approved. Mr. Anderson stated that there is no time
frame for special use permits and they are tied to the use of a specific
property, not to the applicant. Prior to
amendments to the special use permit process, approved permits were reviewed on
a rotating five-year cycle. A time frame
can be applied to a special use permit, at Council’s discretion. Mr. Wenson stated that it can be difficult to
enforce if there are a lot of them to review.
He noted an example of a tax business that begins as a home-based
occupation to get it established and then moves to an office. Council Member Phillips asked what
protections are in place for adjacent residents. Mr. Anderson stated that staff first reviews
an application, focusing on the impact on the neighborhood. The review process includes notification to
adjoining property owners; a petition by a certain percentage of adjacent
property owners can also force approval of the special use permit by a super
majority of the reviewing body.
Council Member Phillips asked about enforcement when a
residential property is used for business.
Mr. Anderson stated that code enforcement is very effective when there
are noticeable issues. It is more
difficult when the business is conducted behind closed doors. He added it is surprising how many home
occupations there are operating today.
Mr. Anderson stated that violations can be fleeting and identifying the
violation at the time it occurs can be difficult at times. Mr. Phillips stated he lives next door to a
home occupation and said there is an incentive for the business owner to work
with neighbors on any issues that arise out of the business operation, because
a complaint could trigger a review of the special use permit.
Council Member Hester asked how many communities
permit unlimited fireworks. Mr. Anderson
said he would have to refer to his notes to provide that information but that
all had different approaches to fireworks.
Mr. Wenson stated that information would be provided to Council. Mrs. Hester stated she would expect the City
to be responsive if a need required the ordinance to be reexamined. Mr. Anderson stated that applied to all the
ordinances adopted by Council; any one could be revisited at any time. Council Member Phillips asked for
confirmation that police and fire found the proposed fireworks ordinance acceptable. Mr. Anderson said they did.
Mayor Steinkamp stated that these ordinances were
discussed at a recent study session and were being brought forward as related
matters to the proposed annexation issues.
He stated that two readings were recommended in order to give the public
an opportunity to comment. At this time,
he opened the floor for comment.
Colleen Sanders, 22420 NE 112th Street, stated that she lives in Area C but has property in
Area B. She expressed concern that the
100 acre distinction for pets was too tough.
She stated she had a neighbor who used dogs to help with his sheep, but
he didn’t have 100 acres. She said it
appeared that would rule out anyone from having more than two dogs. Ms. Sanders asked how this ordinance affects
horses and other pets. Mr. Anderson
stated there is a formula with respect to livestock and the City’s current
ordinance is less restrictive than that for Clay County. Ms. Sanders
said she understood about existing home-based businesses being grandfathered
in. She asked if the ordinance applied
to existing accessory structures only or those built with the intent of use
with a home occupation. Mr. Anderson
said it would apply to both.
Twyla Ferguson, 511 Sarah Lane, stated she was concerned about late night fireworks
in neighborhoods where people have to get up early the next day. She also expressed concern about bottle
rockets being set off and causing fires by burning shingles. She clarified that Sarah Lane is close to areas where aerial fireworks would be
permitted along Birmingham
Road. Mayor Steinkamp clarified that bottle rockets
would not be permitted on property of less than three acres. He asked Ms. Ferguson to clarify what she
considered late fireworks. She said they
should end at 10 pm in the
neighborhoods.
Council Member Hadden asked if working dogs fits into
existing agricultural operations permitted in the City. Mr. Anderson stated numbers of dogs were only
defined in according to minimum acreage.
More than two dogs would not be permitted on three-acre tracts under the
proposed ordinance. Mrs. Hadden asked if
there is a way to include working dogs differently for agricultural
operations. Mr. Anderson said a
definition could be added to the Agricultural District. Council Member King said he agreed with the
request made by Council Member Hadden and sheep dogs are different than pets.
1.
USE OF ALL
TERRAIN VEHICLES – ORDINANCE
Document No. 6581 was read. Mayor Steinkamp stated the ordinance would go
to second reading on October 23, 2006.
2.
HOME OCCUPATIONS
IN ACCESSORY STRUCTURES – ORDINANCE
Document No. 6582 was read. Mayor Steinkamp stated the ordinance would go
to second reading on October 23, 2006.
3.
NUMBERS OF PETS –
ORDINANCE
Document No. 6583 was read. Mayor Steinkamp stated the ordinance would go
to second reading on October 23, 2006.
4.
FIREWORKS –
ORDINANCE
Document No. 6584 was read. Mayor Steinkamp stated the ordinance would go
to second reading on October 23, 2006.
5.
SPECIAL USE
PERMITS – ORDINANCE
Document No. 6585 was read. Mayor Steinkamp stated the ordinance would go
to second reading on October 23, 2006.
D. CONTRACT
WITH THE NATIONAL CIVIC LEAGUE FOR A CITIZEN STRATEGIC PLANNING PROCESS IN AN
AMOUNT NOT TO EXCEED $38,996 – ORDINANCE
Document No. 6586 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Phillips seconded the motion, which failed to attain a unanimous
vote. Mayor Steinkamp stated the
ordinance would go to second reading on October 23, 2006.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr.
Wenson stated there would be no study session on October 16, 2006 and no packet would be prepared for that week.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips stated it was a privilege to be part of the firefighters’
memorial ceremony. He also thanked the
staff for the good news about the proposed development. Mr. Phillips stated that Juarenne Hester was
to be recognized for her service at William Jewell College.
Mayor
Steinkamp stated that many had seen a recent article in The Kansas City Star
and were aware there are two annexation issues on the ballot. He stated the article announced a contract
between the Whittaker group and Hallmark Cards to bring a $2 billion project to
the community. He stated that about 60%
of the property is within the city limits and the rest in proposed Annexation
Area B. The land sits between A Highway and Plattsburg Road. Mayor
Steinkamp applauded Council Member King for his efforts in encouraging council
members and others to take a look at the New Town at Saint Charles development.
His interest sparked a bus trip to go view the development, following
which visit Whittaker was so impressed that the group decided any location for
development on the western side of the state would be in Liberty. Mayor
Steinkamp thanked the efforts of the Partnership for Community Growth &
Development and the staff for nurturing Whittaker’s interest in Liberty. He stated
that this would not have happened but for the efforts of Mr. King.
Council
Member Hadden asked the staff how often rental properties are checked in Liberty. Mr. Anderson
stated that a part-time inspector reviews properties brought to his attention
through complaints and works to review all rental properties on a four-year
cycle. Mrs. Hadden said some concerns
have come forward and she would speak with staff about it later.
Council
Member King stated he also attended the firefighters' memorial service at which
the fireman’s prayer was read. He stated
this is more than a job for these people and they care about the people they
serve. Mr. King stated he was excited
about the project coming to northern Liberty and Area B and he thanked the City and staff for its
hard work.
Mayor
Steinkamp reminded council members to contact staff if any were planning to
attend the Westgate Division Missouri Municipal League dinner meeting on
October 19 and stated the City would be sharing a table with the Partnership
for Community Growth & Development at the Kansas City Area Development
Council luncheon meeting on November 8.
Mayor
Steinkamp added that Freedom House is having a fundraising gala on October 12
at the Gary Crossley Ford complex in support of the charities that will occupy
the building when it is completed.
XIII. ADJOURNMENT
The
meeting adjourned at 8:04 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk