CITY COUNCIL MEETING
MINUTES
MONDAY, NOVEMBER 27, 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 November 27, 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 Anna Marie Martin who then led the
pledge of allegiance.
III. ROLL CALL
Roll
call was answered by 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, Ward IV. Also in attendance were
Curt Wenson, City Administrator; Cynthia Boecker, Assistant City Administrator;
Steve Hansen, Public Works Director; Brian Hess, City Engineer; Craig Knouse,
Police Chief; Gary Birch, Fire Chief; Linda Tyree, Finance Director; Tony Sage,
Information Services Director; Steve Anderson, Planning & Development
Director; Val Drogt, Special Projects Manager; Dan Fernandez, Planner; Rebecca
Wymore, Planner; Sara Cooke, Public Relations Coordinator; Shawnna Funderburk,
Assistant to the City Administrator; Jane Sharon, Deputy City Clerk; Legal
Counsel Paul Campo; Jason Noble, The Kansas City Star; and 13 members of the
public.
IV. APPROVE
MINUTES AND SUMMARIES
A. REGULAR SESSION MINUTES OF NOVEMBER 13,
2006
Council Member King moved to approve the minutes as
distributed. Council Member Hadden
seconded the motion, which carried unanimously.
B. SPECIAL SESSION MINUTES OF NOVEMBER 20,
2006
Council Member Coe moved to approve the minutes as
distributed. Council Member Phillips
seconded the motion, which carried unanimously.
C. STUDY SESSION MEETING SUMMARY OF NOVEMBER 20,
2006
Council Member King moved to approve the meeting
summary as distributed. Council Member
Martin seconded the motion, which carried unanimously.
V. CITIZENS’ PARTICIPATION – None.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
D. *AMENDMENTS
TO THE LIBERTY CODE OF ORDINANCES [P&Z CASE NO. 06-050A]
Mayor Steinkamp noted the substitution of language to
add those occupying property with regard to limitations on the numbers of dogs
and cats.
Ms. Wymore stated that Council had directed staff to
bring forward ordinances that would affect the Unified Development Ordinance
(UDO). She stated the Planning &
Zoning Commission recommended approval of all the ordinances.
Council Member Phillips asked if there is a way to
balance someone wanting to do something with adjacent neighbors who may be
opposed to the activity. Mr. Anderson
stated that if a certain percentage of adjacent property owners are opposed to
the special use permit, the vote can require a super majority to pass.
Council Member Hester asked for clarification that the
100 acres had been reduced to 40 acres.
Mayor Steinkamp said it had. Mr.
Anderson stated the language change referenced by the mayor earlier pertained
to “owner or occupier” of land.
Council Member Martin asked if Council Member Parry
needed to remove himself from the discussion because of a conflict of
interest. Council Member Parry stated
the ordinances do not apply to him but he would not be voting on the home occupations
due to a potential conflict of interest.
1.
HOME OCCUPATIONS
IN ACCESSORY STRUCTURES – ORDINANCE (SECOND READING)
Document No. 6582 was read. Council Member Coe moved to approve the
ordinance. Council Member Hadden
seconded the motion, which carried 6-0-1.
Council Member Parry abstained due to a potential conflict of interest. The ordinance was approved by the Chair and
is inscribed in Ordinance No. 9054.
2.
NUMBERS OF PETS
AND DEFINITION OF DOG KENNEL – ORDINANCE (SECOND READING)
Document No. 6583 was read. Council Member King 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. 9055.
Document No. 6585 was read. Council Member Coe moved to approve the
ordinance. Council Member Phillips
seconded the motion, which carried 6-0-1.
Council Member Parry abstained due to a potential conflict of interest. The ordinance was approved by the Chair and
is inscribed in Ordinance No. 9056.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM NOVEMBER 3, 2006 THROUGH NOVEMBER 17, 2006 – ORDINANCE
Document No. 6598 was read. Council Member King moved to approve the
ordinance. Council Member Coe seconded
the motion.
Council Member Hadden asked for clarification of the
purchase of Polk Directories charged to clothing allowance. Deputy City Clerk Jane Sharon stated that
Polk Directories are a reverse phone directory which allows addresses and names
to be looked up by phone numbers.
Finance Director Linda Tyree stated the coding was probably an error and
would be researched and corrected as necessary.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Martin – yes; Council Member Hester – 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. 9057.
B. *FINAL DEVELOPMENT PLAN FOR 12,000 SQ. FT. ADDITION AT ST. JAMES CHURCH [P&Z CASE NO.
06-048FDP] – RESOLUTION
Planner Dan Fernandez stated that the application is
for an addition to the St. James Parish south of the Sears Grand Shopping
Center and is to be built on the east side of the existing building. No additional landscaping is required and the
plan meets adequate public facilities’ requirements. The structure conforms to requirements set
forth in the UDO and the Planning & Zoning Commission recommended approval.
Council Member King moved to approve the
resolution. Council Member Martin
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2266.
C. SOUTH LIBERTY PARKWAY UTILITIES
1. WATERLINE EXTENSION PROJECT
a. FINAL
AMENDMENT TO CONTRACT WITH HAINES & ASSOCIATES CONSTRUCTION COMPANY IN AN
AMOUNT NOT TO EXCEED $19.774.97 – ORDINANCE
Document No. 6599 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 King seconded
the motion. Council Member Phillips
asked about the mention in the staff report of reimbursement through the TIF or
other funding districts. Ms. Tyree
stated that these expenses are placed in reserved accounts in anticipation of
TIF Districts being established. Mr.
Phillips asked what funds would cover the expenditures if TIF Districts are not
established. Ms. Tyree stated the monies
would come from the Water Fund. Mr.
Anderson added that the Whitehall Station TIF District has just been formed, and
may reimburse part or all of this expense.
Mayor Steinkamp clarified that if another TIF District were to be
established, reimbursement could come from that source as well.
The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 9058.
b. ACCEPTANCE
OF PROJECT – RESOLUTION
Council Member Hadden moved to approve the
resolution. Council Member Coe seconded
the motion, which carried unanimously and is inscribed in Resolution No. 2267.
2. CONTRACT WITH HOLTHOUSE CONSTRUCTION LLC FOR CONSTRUCTION
OF WEST AREA SEWER IN AN AMOUNT NOT TO EXCEED $323,609 – ORDINANCE
Council Member Martin asked what made the
bids so diverse. Public Works Director
Steve Hansen stated that each bidder bases its numbers on the perception of the
job. Some bid just to stay on the bid
list and provide information as required.
Council Member Hadden asked if the City
has done business with Holthouse Construction in the past. Mr. Hansen stated it has and the business has
been in Liberty for a number of years.
Council Member King asked for an
explanation of the funding being used that was not required for the Rush Creek project.
Ms. Tyree stated that funds remained from the bond issuance and had been
anticipated to be used for the I & I project, but would now be used for
this project and the I & I project postponed. Mr. Wenson noted this project could also be
reimbursable through an established TIF District.
Document No. 6600 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 Hester
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9059.
D. ACCEPTANCE
OF HOSPITAL VALLEY SANITARY SEWER EXTENSION PROJECT –
RESOLUTION
Council Member King moved to approve the project. Council Member Coe seconded the motion, which
carried unanimously and is inscribed in Resolution No. 2268.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr.
Wenson stated that a staff vehicle had been involved in an accident at Sunset
and Liberty
Drive. There were no injuries and the accident is
still being investigated. He stated that
budget numbers would be provided to Council at the end of this meeting and
would also appear in the Council packets distributed next Thursday.
Mr.
Wenson stated that the City’s legislative program is different than that of a
corporation in that it consists of general statements. Several of the topics remain in the program
and have been included for several years, such as economic development
issues. As legislation is filed, the
City’s position will be stated with more specificity. Others are an opportunity to an interest in a
particular topic to the legislators, such as the request for legislators to
inform the City of grant opportunities.
The program also lists the City’s top transportation funding needs.
A. 2007
LEGISLATIVE PROGRAM REVIEW
Ms. Funderburk reviewed the legislative program
proposed for 2007, which annually addresses community needs at the state and
federal levels. The program is submitted
to all state and federal representatives.
Included in the program are issues that have been presented in past
legislative programs, such as annexation powers; eminent domain; franchising
authority, personnel issues, right-of-way management; telecommunications
services; tax increment financing; 9-1-1 wireless surcharge; and a primary seat belt law.
New issues included this year include property
maintenance; law enforcement interstate mutual aid; red light camera law;
request for legislative notification of grant availability; and transportation
funding priorities.
At Council direction, these issues will be brought
forward for a formal presentation and consideration at the Council’s December
18 special session.
Council Member Parry expressed opposition to including
the issues of eminent domain, the red light law and the primary seat belt law.
Mayor Steinkamp noted there were two items from last
year not on the list this year, which were state legislation to allow
imposition of a hotel tax and support for art districts. Assistant City Administrator Cynthia Boecker stated these weren’t
part of the 2006 legislative program but had been discussed during last year’s legislative
session. She added these can be added to
the program as Council directs.
Council Member King stated the format was very
different and he appreciated how easy it is to understand.
Mr. Wenson stated that staff planned a brochure to
provide to legislators, once a program is approved. He asked if there was a consensus on the
additions mentioned by the mayor. Mayor
Steinkamp said there was and to add them.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips thanked the staff for checking with the Council. He stated that a resident in the Jewell District contacted him about not seeing parking enforcement in
the neighborhood recently. Council
Member Hadden stated she had seen the parking officer in the area.
Council
Member Coe asked about a house being built on Leonard Street. Mr. Anderson
stated that Bob Rothery is building the house and, since it is not in a
historic district, the City has few restrictions with respect to the design of
the house.
Council
Member King asked when the intersection 291 Highway and Claywoods Drive would
re-open. City Engineer Brian Hess stated
that MoDOT has order parts for the signals and may put some in before the
construction improvements are completed.
He added that both turn lanes are virtually complete and the turn lane
on Claywoods
Drive is
still under construction.
Mayor
Steinkamp stated that incorrect information about the status of the Flintlock
over pass had been reported in the School District’s
Quick News. Mike Brewer, who serves on
the Capital Improvements Plan (CIP) Committee, had reported information that
has since been updated. Council Member
Martin added that the CIP Committee has a meeting scheduled soon to discuss
this project.
Council
Member Hadden stated the Santa Parade is scheduled for Saturday on the Square. Council Member Parry asked if Santa’s house
would be on City property this year.
Mayor Steinkamp said it would be on City property again this year.
XIII. ADJOURNMENT
The
meeting adjourned at 8:56 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk