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CITY COUNCIL MEETING

MINUTES

MONDAY, FEBRUARY 12, 2007

 

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 February 12, 2007 with Mayor Robert T. Steinkamp presiding.  Mayor Steinkamp called the meeting to order at 7:00 p.m.

 

II.         INVOCATION AND PLEDGE OF ALLEGIANCE – CONI HADDEN

 

The invocation was given by Council Member Coni Hadden 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 and Bill Parker, Ward IV.  Also in attendance were Curt Wenson, City Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works Director; Brian Hess, City Engineer; Gary Birch, Fire Chief; Linda Tyree, Finance Director; Chris Deal, Parks & Recreation Director; Donna Kay Taylor, Community Center Manager; Steve Rulo, Parks & Open Space Manager; LeAnn Lawlor, Aging Services Coordinator; Steve Anderson, Planning & Development Director; Craig Knouse, Police Chief; James Simpson, Deputy Police Chief; JoAnn Mudge, Police Lieutenant; Greg Powell, Police Officer; Amy Brusven, Human Resources Director; Annette Vaughn, Human Resources Safety Manager; Sara Cooke, Public Relations Coordinator; Shawnna Funderburk, Assistant to the City Administrator; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; and 7 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.        REGULAR SESSION MINUTES OF JANUARY 22, 2007

 

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

 

B.         SPECIAL SESSION MINUTES OF FEBRUARY 5, 2007

 

Council Member Coe moved to approve the minutes as distributed.  Council Member Martin seconded the motion, which carried 4-0-4.  Council Member Phillips, Council Member Hadden and Council Member Hester abstained due to absence.

 

C.         EXECUTIVE SESSION MINUTES OF FEBRUARY 5, 2007

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Coe seconded the motion, which carried 6-0-2.  Council Member Parker and Council Member Hadden abstained due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

A.        PRESENTATION OF MISSOURI STATE HOUSE RESOLUTION RECOGNIZING POLICE OFFICER GREG POWELL

 

Mayor Steinkamp read House Resolution No. 5758 commending Police Officer Greg Powell and thanked Officer Powell on his service.

 

Don Dando, 2515 Hughes Road, requested the Council consider providing older PCs and a projector for wall-viewing to the Senior Center for courses he offers to seniors.  He stated the equipment would be put to good use and offers the seniors an opportunity to learn at a slower pace than other computer courses offered.  He stated there would be no out-of-pocket expenses to the City, just coordination.  Mr. Dando also encouraged the Council and Mayor to visit the Senior Center, which would be good for the Council and good for the seniors to meet their representatives in City government.

 

Mr. Dando asked for assistance in addressing a concern about signage off I-35 at the South Liberty Parkway exit.  He stated the stop light faces traffic but the sign is angled such that it is confusing, causing some traffic to pause at the left turn light briefly before continuing through the intersection on a red signal.  He suggested putting the turn signal sign on the signal structure.

 

Mayor Steinkamp thanked Mr. Dando for his remarks and stated the Council would get a response to him.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 AUTHORIZE EXECUTIVE SESSION TO BE HELD FEBRUARY 12, 2007 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS LITIGATION MATTERS AS AUTHORIZED BY 610.021(1) RSMo, REAL ESTATE MATTERS AS AUTHORIZED BY 610.021(2) RSMo AND CONTRACT NEGOTIATIONS AS AUTHORIZED BY 610.021(12) RSMo – MOTION

 

Council Member Hadden moved to authorize the executive session.  Council Member Hester seconded the motion, which carried unanimously.

 

B.                 APPOINTMENTS – MOTION

 

Liberty Community Christmas Tree Advisory Commission

Appoint Amy Abbiatti to a term expiring 5-1-2007

 

Parks & Recreation Charitable Fund Advisory Committee

Appoint David Fulk to a term expiring 1-10-2010

 

Strategic Planning Initiating Committee

Appoint Harold Phillips and John Parry as Council liaisons

 

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

 

C.         ACKNOWLEDGEMENT OF 2006 PUBLIC FACILITIES AUTHORITY ELECTION – MOTION

 

Mary Alice Dobberstine to a 3-year term as director expiring in 2009

George Steincross to a 3-year term as director expiring in 2009

 

Council Member Hadden moved to acknowledge the election of directors by the Public Facilities Authority.  Council Member Hester seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS – None.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JANUARY 12, 2007 THROUGH FEBRUARY 2, 2007 – ORDINANCE

 

Document No. 6631 was read.  Council Member King moved to approve the ordinance.  Council Member Hester seconded the motion.

 

Council Member Martin asked about multiple payments with the description of assessment refund.  Finance Director Linda Tyree stated that when personal and real estate taxes are paid in protest and the County changes the assessment, a refund is required.  They are marked personal due to these being personal property tax.

 

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. 9091.

 

B.         ADOPTION OF BYLAWS PERTAINING TO THE CITY’S PARTICIPATION IN MARCIT INSURANCE POOL – RESOLUTION

 

Council Member Phillips moved to approve the resolution.  Council Member Martin seconded the motion.  Council Member Phillips asked Assistant City Administrator Cynthia Boecker, who was named as the City’s member representative, to review the changes to the bylaws.  Ms. Boecker stated that MARCIT has not asked cities to sign off on the bylaws in the past and that is the biggest change.  She added that MARCIT has gotten more competitive to lower the cost of coverage.

 

Council Member Hester asked if the City used to have health and vision coverage through MARCIT.  Ms. Boecker stated the City was a founding member of the MARCIT insurance pool for worker’s compensation and had added health and vision until the late 1990s.  Council Member Parry requested a copy of the bylaws.  Ms. Boecker stated copies of the document could be provided to Council.  Mr. Parry asked what the impact of the bylaws was on the City.  Ms. Boecker stated the pool operates as before, but the bylaws must be formally acted upon by Council.

 

The motion carried unanimously and is inscribed in Resolution No. 2279.

 

C.         CONTRACT WITH GRASS ROOTS, INC. FOR CEMETERY MOWING IN AN AMOUNT NOT TO EXCEED $40,800 – ORDINANCE

 

Document No. 6632 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 Phillips moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Hadden asked, since the City had been contracting with Grass Roots for some time, if staff periodically checked the work being done.  Parks & Open Space Manager Steve Rulo stated the contract was rebid in 2006.  In 2003, Council requested the staff research options for contract extensions.  Grass Roots was the only bidder in 2006.  Council Member Hester asked if the contractor is liable for any damage its mowers cause.  Mr. Rulo stated they are liable for the full cost of the repair in those circumstances.  Council Member King asked if contracting out this service is less expensive that City staff doing the work.  Mr. Rulo stated the contractor uses a 6-person crew and gets the job done with less cost.  If the staff added the work to its schedule it would extend the time by 10 or 11 days.  Council Member Coe asked if the contractor had ever been found liable for any damage.  Mr. Rulo said it had not, but had come to him when they hit markers and worked with City staff to get the stone uprighted.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9092.

 

D.        EMERGENCY REPAIRS TO LIBERTY COMMUNITY CENTER HVAC UNIT BY THE WALDINGER CORPORATION IN THE AMOUNT OF $34,530.58 – RESOLUTION

 

Council Member Hester asked about the typical life for this type of unit.  Community Center Manager Donna Kay Taylor stated that rooftop units last about 10 years.  The repairs have extended the life of this unit considerably but replacement will be considered in the 2009 capital improvements plan.

 

Council Member Phillips moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2280.  Council Member Hadden asked how much had been spent on repairs to this unit since it was installed.  Ms. Taylor stated she would research that and get information to the Council.

 

E.         MEMORANDUM OF UNDERSTANDING WITH CITY OF NORTH KANSAS CITY TO PARTICIPATE IN A MASS DIALER COMMUNICATION SYSTEM – ORDINANCE

 

Document No. 6633 was read.  Council Member Hadden moved to waive the rules and consider the ordinance on first reading.  Council Member King seconded the motion, which carried unanimously.

 

Council Member Phillips moved to approve the ordinance.  Council Member Martin seconded the motion.  Council Member Phillips asked under what circumstances the system would be used.  Deputy Police Chief Jim Simpson stated that there are ten different answer points, such as a boil order; an amber alert; or a massive accident, but the system would be used for emergencies only.  If the system is used too frequently, people would begin to ignore it.

 

Council Member Hester asked why North Kansas City is paying the startup costs.  Major Simpson stated that city had wanted to do something several years ago and has been planning this for some time.  Council Member Phillips asked how numbers are identified to be included.  Major Simpson stated a list of 911 numbers from AT&T is being provided.  He added that the Mid-America Regional Council is looking into taking over the system, which would not be for some time, but at that time the cost could go down.

 

The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9093.

 

F.         DISCLAIMING AND ABANDONING A UTILITY EASEMENT FOR LOTS 19 AND 20 - HILLS OF OAKWOOD – ORDINANCE

 

Document No. 6634 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 Parry asked who requested this disclaimer.  City Engineer Brian Hess stated it was the builder of the lots, which in this case was Robertson Properties.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9094.

 

G.         CONTRACT WITH C. GRANTHAM CO. FOR LIME SLUDGE REMOVAL IN AN AMOUNT NOT TO EXCEED $140,000 – ORDINANCE

 

Document No. 6635 was read.  Council Member Hadden 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.  Council Member Parry asked if the sludge is typically applied to farm fields why the City didn’t sell it.  Public Works Director Steve Hansen stated that it is difficult to get rid of.  The City at one time had considered piping it directly to the river, but had not been able to do so.  That may be looked at in the future.  There is more sludge than what’s useful for small farms and this is the best option available at this time.

 

Council Member King asked if this had been brought forward in 2005.  Mr. Hansen stated the bids at that time were higher but the removal was not at a critical point, so a contract was delayed and negotiations with the only bidder continued this year.  While removal is still not critical, there is more sludge and does need to be removed.  The motion carried 6-1-1.  Council Member King voted in opposition.  Council Member Parry abstained.  It was approved by the Chair and is inscribed in Ordinance No. 9095.

 

H.        ACCEPTANCE OF PERMANENT AND TEMPORARY SEWER EASEMENTS FOR SOUTH LIBERTY WEST SANITARY SEWER IMPROVEMENT PROJECT – ORDINANCE

 

Document No. 6636 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member Hadden 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. 9096.

 

X.         OTHER BUSINESS

 

A.        REIMBURSEMENT OF OVERSIZED WATER MAIN EXPENSE FOR THE CREEKWOOD FIRST PLAT WATER MAIN EXTENSION IN THE AMOUNT OF $7,820 – MOTION

 

Council Member Phillips moved to approve the reimbursement.  Council Member Martin seconded the motion.  Council Member Phillips asked why a 12” main was used on this project.  Mr. Hansen stated that the size of the pipes is determined by the water system master plan.  The developer pays for the pipe installation, but is reimbursed for the cost of anything required above the 8” main.  The motion carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Curt Wenson stated that the strategic planning initiating committee would begin to meet soon.  He also stated there would be minor Unified Development Ordinance (UDO) amendments coming forward for Council consideration based on concerns of the business community.  Planning & Development Director Steve Anderson stated that staff had met with the Chamber and business owners to review possible changes to the UDO.  These amendments would be reviewed by the Planning & Zoning Commission and then brought to the Council in a study session before formal consideration.

 

Mr. Wenson reviewed the verdict in the condemnation proceeding for a temporary easement related to the South Liberty Parkway.  He stated the jury award of $500,000 is extremely excessive when considering the appraisal was $5,000 and the City offered $10,000 for this temporary easement needed during construction.  The City has requested a new trial and the Council will be provided updates as they are available.

 

Assistant to the City Administrator Shawnna Funderburk stated that staff had followed up on Council Member Hadden’s request related to recycling batteries.  Drop boxes would now be available at several city buildings.  The public will be able to drop off any cell phone and rechargeable batteries.  When the boxes are full, they are mailed back to the company and a new collection box is received.

 

Mr. Anderson reviewed the development services survey results from 2006, noting the City staff has again received high marks for assistance to the public with development projects.  Those who complete the survey are being heard.

 

Mr. Wenson reviewed state legislation that has been introduced regarding cable television which could have a costly effect on the schools and cities.  Under this legislation the school district and City bear the costs of the public access channels, which could cost taxpayers thousands of dollars.  City staff had a good meeting with Representative Flook, Council Member Hester and Liberty School District staff to discuss the City’s and School District’s concerns.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips noted Whittaker Homes’ offer to coordinate road improvements in the area of its development with others and hoped the City could look at doing something at Glenn Hendren and other locations.  Mr. Wenson stated that staff would look at all options and that Steve Hansen continues to work with the Missouri Department of Transportation on several areas near the Whittaker development.

 

Council Member Martin stated she was disappointed that no Planning & Zoning Commission appointment had come forward, because that body needs a full compliment.  Mrs. Martin asked about the next step with the Farmers’ Market.  Mr. Anderson stated that adjustments to an agreement were sent to the Association for review and the agreement is scheduled for Council consideration on February 26.  Mrs. Martin asked about the size of the group.  Mr. Anderson stated there are seven or eight on the board and there are at least 30 vendors.  Mrs. Martin commented on the survey and said it is obvious those responding want home grown produce at the market.  Mrs. Martin then commented on the results of the development survey, noting that only three had indicated the development fees were too high.  She stated the City must be doing something right or the fees were not really too high to begin with.

 

Council Member Hester asked who makes the decision on the Farmers’ Market.  Mr. Anderson stated the Council would consider an amended agreement with the Farmers’ Market Association and that staff had worked with Historic Downtown Liberty, Inc. and the Association board.  The last amendment to the agreement pertained to the additional location of the market in the Crowley Furniture parking lot.

 

Council Member Hadden thanked the staff for a quick response on the batteries recycling.  She asked how the citizens would be informed.  Ms. Funderburk stated that a press releases will be issued when the program is started.  Mrs. Hadden stated she had received several notices for Clay County meetings reviewing its comprehensive plan but the City generally had meetings scheduled at the same time.  She asked if the City is being represented at those County meetings.  Mr. Wenson stated that City Planner Becky Wymore is attending.  Mrs. Hadden suggested there should be strong interaction between this process and the strategic planning process.  Mr. Wenson stated that the County’s review of its comprehensive plan is focused on land use issues and the City’s strategic planning process is broader in scope.  Mrs. Hadden asked if there had been any resolution to the issue of how to better do cemetery repair.  Mr. Rulo stated a large number of headstones need repair and the funds have not been available.  He stated that staff could look again to find grants or other funds to assist in the effort.  He said that an earlier estimate of $500,000 was needed just to address half the stones in the cemetery.

 

Council Member Coe expressed concern that Kansas City had stated it didn’t know what chemicals were in place at the plant where an explosion occurred last week.  He asked if Liberty’s staff had the information it needed for area businesses that use chemicals.  Fire Chief Gary Birch stated that the types of chemicals used at the location in Kansas City were known to the Kansas City Fire Department.  What is not always known is what the conditions and combinations of chemicals may produce that must be addressed in an emergency such as this one.  He stated Liberty would have contacted the Environmental Protection Agency too under similar circumstances.

 

Council Member Parry stated he attended the Clay County comprehensive plan meeting and Becky Wymore had done a good job representing the City.

 

Council Member King asked who received the 338 development services surveys mailed.  Mr. Anderson stated those obtaining building permits for smaller jobs did not receive the survey.  Surveys were sent to those building new structures or additions.  He added that the 54 single family units were built by an estimated 10 to 15 builders.  Mr. King stated he was glad the City was moving forward on sign issues and noted the recent article in the Kansas City Business Journal exposes the region to Liberty.  He suggested the Partnership could potentially help with the traffic issues.

 

Mayor Steinkamp thanked Council Member Parry and Council Member Phillips for serving as Council liaisons to the Strategic Planning Initiating Committee.  With regard to the development fees, he stated that time would tell and the City fee structure could affect new development.  He stated he would have a name for appointment to the Planning & Zoning Commission at the next meeting.  Mayor Steinkamp stated he spoke with Mayor Patty York of St. Charles and her comments about New Town at St. Charles and the Whittaker group had been very positive.  He also noted that a meeting was scheduled with CBL and the Whitehall development is moving forward with CBL pursuing potential tenants.  News about that should be available this spring.

 

Mayor Steinkamp stated the executive session would begin about 8:15 following adjournment of this meeting.

 

Council Member Martin asked if a no smoking ordinance could be added to a study session.  Mr. Wenson stated that topic would be reviewed at the May 21 study session.  Mayor Steinkamp stated that it had been purposefully placed on an agenda after the election so that the Council going forward could consider the issue.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:09 p.m.

 

                                                                                    __________________________________

Mayor

Attest:

 

_____________________________________

Deputy City Clerk