CITY COUNCIL MEETING

MINUTES

MONDAY, FEBRUARY 26, 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 26, 2007 with Mayor Robert T. Steinkamp presiding.  Mayor Steinkamp called the meeting to order at 7:00 p.m.

 

Mayor Steinkamp noted that City Administrator Curt Wenson was unable to attend the meeting and Assistant City Administrator Cynthia Boecker would be sitting in for him.

 

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 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 Cynthia Boecker, Assistant City Administrator; Steve Hansen, Public Works Director; Gary Birch, Fire Chief; Linda Tyree, Finance Director; Marcella McCoy, Finance Manager; Diana Adams, Special Projects Manager; Kathy Goode, Accounting Coordinator; Chris Deal, Parks & Recreation Director; Donna Kay Taylor, Community Center Manager; Dennis Dovel, Sports Complex Manager; Steve Anderson, Planning & Development Director; Jonna Wensel, Preservation Planner; David Tedesco, Captain; Mark Misenhelter, Police Lieutenant; Tony Sage, Information Services Director; Sara Cooke, Public Relations Coordinator; Jane Sharon, Deputy City Clerk; Jason Noble, The Kansas City Star; and 9 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.        REGULAR SESSION MINUTES OF FEBRUARY 12, 2007

 

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

 

B.         EXECUTIVE SESSION MINUTES OF FEBRUARY 12, 2007

 

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

 

C.         STUDY SESSION MEETING SUMMARY OF FEBRUARY 20, 2007

 

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

 

V.        CITIZENS’ PARTICIPATION – None.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

Council Member King moved to postpone the items from this consent agenda to the second regular session in April.  Council Member Parry seconded the motion.  Council Member Martin asked for clarification as to the reason for the action.  Council Member King stated he believed it would be best to postpone consideration of the appointments at this time.  The motion failed 2-6-0.  Council Member Phillips, Council Member Martin, Council Member Hester, Council Member Parker, Council Member Hadden and Council Member Coe voted in opposition to the motion.

 

Council Member Martin asked to remove the appointment of Rodney Ames to the Planning & Zoning Commission to be voted on separately.

 

A.                 APPOINTMENTS – MOTION

 

Liberty Community Christmas Tree Advisory Commission

Appoint Charlie Carpenter to a term expiring 05-01-2010

 

Preservation & Development Commission

Appoint Dail Hobbs to a term expiring 09-01-2009

 

Council Member King moved to approve the appointments to the Christmas Tree Advisory Commission and the Preservation and Development Commission.  Council Member Parry seconded the motion, which carried unanimously.

 

Planning & Zoning Commission

Appoint Rodney Ames to a term expiring 01-01-2008

 

Council Member King moved to approve the appointment to the Planning & Zoning Commission.  Council Member Parry seconded the motion.  Council Member King stated that Mr. Ames is a fine member of the community with integrity and cares about Liberty.  Mr. King stated that Mr. Ames would be a fine addition to the Planning & Zoning Commission and recommended other council members vote in favor of his appointment, as Mr. King planned to do.

 

Council Member Hadden stated that the contention about this appointment is due to Mr. Ames being an attorney with the firm that had recently represented the other party in a suit against the City, which could be a conflict of interest.  Council Member Coe stated that he agreed Mr. Ames should not be appointed at this time, due to the lawsuit and that, while he would otherwise be an asset for the Commission, Mr. Ames’ appointment should come forward after the suit is settled.

 

Council Member King stated that Mr. Ames’ law firm had not sued the City but only represented a client and that Mr. Ames would not benefit from the result.

 

Council Member Martin stated that Mr. Ames could benefit financially if the firm dispersed its contingency to attorneys in the law firm.  She stated her concern is related more to the conflict of interest and that her voting against his appointment in no way was about his character or integrity.  Council Member Hester stated that she could not ignore the conflict of interest issue and would not vote for the appointment.

 

Mayor Steinkamp stated that he had asked Mr. Ames to serve on this commission due to his commitment to Liberty and his participation with the Liberty Area Chamber of Commerce.  He stated that Mr. Ames had studied urban law and was a member of the Withers Brant law firm.  As an attorney with that firm, Mr. Ames should not be singled out for doing his duty for his client.  It is not misconduct to represent clients and his integrity is intact.  Mayor Steinkamp stated there is no conflict at this time, and while there could have been earlier, there isn’t a conflict now.  For those reasons, Mayor Steinkamp stated he brought this appointment forward.  Council Member King stated that he had contacted Mr. Ames, who indicated he would receive no compensation from this suit as he receives compensation from the cases he tries.

 

Council Member Hester stated she struggled with the issues related to this appointment but suggested another qualified individual could be found and appointed to fill this vacancy with Mr. Ames seeming controversial at this time.

 

Council Member King stated there was a lot of talk about the jury verdict being based on emotion and it appeared the Council was doing the same thing with regard to this appointment.

 

The motion failed 1-6-1.  Council Member Phillips, Council Member Martin, Council Member Hester, Council Member Parker, Council Member Hadden and Council Member Coe voted in opposition to the motion.  Council Member Parry abstained.

 

VIII.     PUBLIC HEARINGS

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM FEBRUARY 2, 2007 THROUGH FEBRUARY 16, 2007 – ORDINANCE

 

Mayor Steinkamp requested the ordinance be corrected to reflect vendor payments from February 2, 2007 through February 16, 2007.

 

Document No. 6637 was read.  Council Member King moved to approve the ordinance.  Council Member Hadden seconded the motion.

 

Council Member Martin asked about the pager rental fees, questioning whether they were less expensive than cell phones and if those using pagers also had cell phones.  Information Services Director Tony Sage stated that the pagers are less expensive and are used by most public safety staff.  Some management level staff has both pagers and cell phones.  The advantage to using pagers is that one page can be sent to multiple pagers, a feature not available with current cell phone technology.

 

Council Member Phillips asked about the term “Busy Body” for the check to the New Theatre Restaurant.  Finance Director Linda Tyree stated that was the name of the production.

 

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. 9097.

 

B.         AMENDMENT TO 2006 BUDGET – ORDINANCE

 

Ms. Tyree reviewed the amendments to the 2006 budget, which would now be brought forward for each year to incorporate encumbered funds from the previous year into the following year’s budget, based upon the auditor’s recommendation.  She noted changes include moving portions of capital funds to the general fund, with the largest portion being for the South Liberty Parkway.  Ms. Tyree stated this will also be done to move 2006 encumbrances into the 2007 budget.  The second portion of amendments are housekeeping in nature.  As more interest was made on the cemetery trust funds, a portion of that was transferred to the general fund to assist with maintenance.  Some Tax Increment Financing (TIF) funds are new and others are not yet in place, such as those for Whitehall Station and Rogers Plaza.

 

Council Member Parry asked for clarification of the 2010 funds to be used in 2007 that appear to be pushed back to 2009.  Ms. Tyree stated the capital funds are not included because they do not yet exist.  The capital plan looks at future funds anticipated to be there in 2009.  Mr. Parry asked how much is in the capital fund for roads, since the Claywoods signal project took money from that fund.  Ms. Tyree stated there is a fund balance and would get the amount for the Council.  Assistant City Administrator Cynthia Boecker stated that a study session to review the capital plan, in light of the Kincaid verdict, is scheduled for March 5.  At that time, the Roadway Development fund and 2010 will be reviewed.  Ms. Tyree stated that the funds mentioned in this report are spent throughout the year.  Some were approved in 2004.  Mr. Parry asked if the next action would then bring funds up-to-date.  Ms. Tyree said it would.

 

Council Member Hester asked why all the TIF funds were not included in one place.  Ms. Tyree stated the different projects were reported in different areas, depending on what stage each was in.  For example the Liberty Triangle TIF has been in place for several years and revenues are being received, whereas both Whitehall Station and Rogers Plaza have been approved for TIF Districts but neither development is to the point of generating revenues.

 

Council Member Hester asked if any of the increase in cemetery funds could help with the needed repairs. Ms. Tyree stated the amount of the additional interest was a few hundred dollars and much more than that was needed for repair of markers.  She added that 75% of the proceeds from lot sales go toward maintenance costs, such as mowing, and the other 25% is placed in the cemetery trust.  Because the budget has to balance, when there are more revenues in the trust, the interest is moved into the general fund for cemetery maintenance.  Ms. Boecker stated the $6,700 generally covers routine maintenance.  Parks & Recreation Director Chris Deal noted that the current contract for mowing is a known amount but future maintenance costs are not known.  The last estimate received for stone repairs in the cemetery was about $700,000.  He stated that staff attempts repairs whenever it can, but these are only small temporary fixes.  He added that staff would be looking into finding the necessary funding for repairs in the future.  Ms. Tyree stated that as of three years ago, the trusts had to advance funds to cover just the costs of mowing and there has not been money for this project.  Council Member Coe stated the cemetery has not been a priority in the budget and dollars are set aside to fix roads.  He stated he has had a long-standing concern about the condition of the markers in the cemetery.

 

Document No. 6638 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member King 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. 9098.

 

C.         INTENT TO SEEK COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING – RESOLUTION

 

Council Member King moved to approve the resolution.  Council Member Martin seconded the motion.  Mayor Steinkamp noted his participation with the Freedom House project, stating he would not be able to vote in case of a tie, due to his conflict of interest.

 

Ms. Boecker stated last December, Freedom House had requested the City consider application for a Community Development Block Grant (CDBG) to fund construction of Freedom House.  This resolution is the first part and additional items would come forward at a meeting in March.  Council Member Martin asked if Freedom House is purchasing the site.  Freedom House Representative Chris Sizemore said it would be purchasing the site.  Mrs. Martin asked if the City has applied for other CDBG funds.  Deputy City Clerk Jane Sharon stated that a few grants had been awarded to the City in the 1990s that were associated with the Liberty Housing Authority.  Council Member Hester asked if each CDBG grant requires a separate application.  Ms. Sharon said it does.  Ms. Boecker added that CDBG funding is under fire and the federal funding may reduce this program funding in the next budget year.  Council Member Martin asked if the City is under any other financial obligation other than the cost to administer the grant.  Ms. Boecker said it is not.

 

The motion carried unanimously and is inscribed in Resolution No. 2281.

 

D.        *FARMERS’ MARKET

 

Preservation Planner Jonna Wensel stated that a farmers’ market was established in 1987 with an agreement for operation of the Farmers’ Market executed in 1992.  Council directed staff to review the current arrangement and see what changes might be appropriate to revitalize the market.  An online survey showed that market-goers want a greater variety of items, a more festive atmosphere and more vendors from a wider geographical area.  While not all vendors agree on all of the proposed changes, the consensus of staff, Historic Downtown Liberty, Inc. (HDLI) and the public is that these changes are necessary to open up and revitalize the market.  Under the proposed changes, vendor-made crafts and produce would now be available in the market from within 100 mile radius.  Currently vendors must grow produce within five counties adjacent to and including Clay County.  HDLI will coordinate activities.

 

Two ordinances are proposed to address the changes – one amending the City Code and the other entering into a revised agreement with the Farmers’ Market Association.

 

1.         AMENDMENT TO CHAPTER 18, ARTICLE II, FARMERS’ MARKET, OF THE LIBERTY CODE OF ORDINANCES – ORDINANCE

 

Document No. 6639 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 Phillips moved to approve the ordinance.  Council Member King seconded the motion.  Council Member Phillips asked if produce grown outside the 100 mile radius could be used to make and sell products inside the 100 mile radius.  Mayor Steinkamp noted the word “or” is used when describing products to be “grown or produced” within the 100 mile radius.  As proposed, the amendment would permit that circumstance.  Council Member Parker asked if the vendors were okay with changes.  Ms. Wensel stated that the majority are okay with the changes, particularly to the change from five counties to 100 mile radius.  Council Member King stated he was very grateful for the work done to revitalize the market.

 

The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9099.

 

2.         AGREEMENT WITH FARMERS’ MARKET ASSOCIATION – ORDINANCE

 

Document No. 6640 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 Martin moved to approve the ordinance.  Council Member King seconded the motion.  Council Member Phillips asked what evaluation would take place to determine how the changes were received at the end of the season.  Ms. Wensel stated that the Market Association would be given authority to run the market through this agreement.  She stated the agreement is renewable annually and can be modified if issues need to be addressed.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 9100.

 

E.         SETTLEMENT AGREEMENT AND RELEASE WITH FILGER OIL COMPANY, INC. AND S. PRESTON WILLIAMS IN THE AMOUNT OF $172,500 – ORDINANCE

 

Ms. Boecker stated that condemnation action was initiated for the northern tier in 2005 as part of the Liberty Triangle development.  With a disparity between appraisals, the time to negotiate was extended.  Expenses have been incurred by Filger and its attorneys.  This ordinance approves a settlement agreement and withdraws condemnation action for this property.

 

Document No. 6641 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 Coe seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9101.

 

F.         AGREEMENT WITH WALD & CO. FOR FIREWORKS DISPLAY – ORDINANCE

 

Document No. 6642 was read.  Council Member King 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 Martin thanked those involved for getting the City to celebrate on July 4 and at the sports complex.  Council Member Hester echoed Council Member Martin’s comments and said, while she knew this would require additional staff time, this is a great opportunity for the community to celebrate on this holiday.  Council Member Hadden stated this is welcome news and encouraged others to get on the band wagon and help make the event a success.  Council Member Phillips commended Dobbe Dobberstine for his efforts to make this a community-wide event.  Mayor Steinkamp stated he had discussed this with Dobbe when he was Chamber President and wanted to move the event to the 4^th of July and make it a community-wide event.  Council Member Hester said this is not to slight Hallmark, which had offered its distribution site for the event in previous years, but this seemed more appropriate.  Council Member Martin stated this also allows the City to show off the sports complex to those who haven’t seen it yet.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9102.

 

X.         OTHER BUSINESS

 

A.        PURCHASE OF PRINTING AND DISTRIBUTION SERVICES FROM TARGET DIRECT MARKETING FOR 2007 PARKS AND RECREATION BROCHURES/CITIZEN IN AN AMOUNT NOT TO EXCEED $21,001.29 – MOTION

 

Council Member Coe move to approve the purchase.  Council Member Hadden seconded the motion.  Council Member Hester asked about the postage costs and how the Citizen would be positioned within the brochure.  Community Center Manager Donna Kay Taylor stated that there have been changes to this year’s layout to give the Citizen more exposure.  Mrs. Hester expressed interest in continuing to find funding to publish the Citizen separately from the brochure for those who aren’t interested in the parks’ programs and may not see the Citizen in the brochure.  Public Relations Coordinator Sara Cooke stated that the costs of separate publications had been researched and were considered prohibitive.  Council Member King asked which side the address would be on.  Ms. Taylor stated addressing would be on the Citizen side, which should also draw attention to that part of the publication.

 

Council Member Martin asked why postage was different from one bid to another.  Ms. Taylor stated that Target Direct sells advertising and is eligible for a discounted rate because of the presorting it does.  Comparing all, Target Direct is the most economical.  Ms. Tyree stated that some services have better rates for bulk processing than if the City mailed the publication.

 

The motion carried unanimously.

 

B.         PURCHASE OF CONCESSION PRODUCTS FROM US FOODSERVICE FOR THE SPORTS COMPLEX IN AN AMOUNT NOT TO EXCEED $55,000 – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Phillips seconded the motion.  Council Member Parry asked about the waste from the previous year.  Sports Complex Manager Dennis Dovel stated the inventory that can be used is used and the rest remains frozen so it can be used the following year.  Mr. Parry asked if any can be returned.  Mr. Dovel stated that some can be returned but it is not being lost, because it is used the following year.

 

The motion carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Ms. Boecker noted that online registration for parks programs will move to wide availability with the summer programs.  She also reported vandalism at the sports complex.  The loss is expected to exceed the City’s deductible of $5,000.  The study session on March 5 will review the City’s Capital Improvement Plan.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips thanked the staff for its efforts working with Whittaker and MoDOT.

 

Council Member Martin gave kudos to Don Dando for bringing forward to Council an interest in the senior center having access to computers.  Staff has come up with something that will help.  She also referred the joint summary from the legislative review and asked about landscaping being added to the regulations for cable and phone boxes.  Ms. Boecker stated the City doesn’t have any regulations at this time.  She added that there will be some clarification in the state law and some local control of landscaping may be available.  Mrs. Martin stated it would be good to have a policy in place in that event.  Mrs. Martin asked if the City is part of the lawsuits mentioned.  Ms. Sharon stated that the City was not part of the class action suits involving telecommunications.  Ms. Boecker stated that the City has been served with petitions from two telecommunication companies involving payments in protest, for which the companies continue to make payments.

 

Council Member Hadden noted that two representatives (Silvey & Skaggs) did not attend the legislative meetings, but the others were there and offered an opportunity for review of legislative issues of interest to the City.  She stated that Senator Ridgeway sent an email to the City about no-call list legislation and several bills the City is tracking.  Mrs. Hadden also mentioned a retailers’ report she had received through the mail.

 

Council Member Parry asked if the Interurban has been included in any of the discussions about light rail.  Mayor Steinkamp stated that discussions began the first of the year and other meetings will take place on the topic.

 

Council Member King announced that the Liberty High School orchestra has been invited to participate in the 400^th anniversary at Jamestown this summer.  The group is having a breakfast to raise funds for the expenses associated with the trip.

 

Mayor Steinkamp noted the State of the City address would be given at the Liberty Chamber luncheon on February 27 at the Community Center.  The luncheon begins at 11:45 a.m.  He also noted that council members had received information about the city administrator’s annual review.  He stated the Council would meet in executive session to discuss the process.  Mayor Steinkamp stated that Mr. Wenson had also asked for the opportunity to give his take on the state of the City and the Council would meet in the second half of the month for his review.  The executive session would be scheduled following the study session next week.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:21 p.m.

 

                                                                                    __________________________________

Mayor

Attest:

 

_____________________________________

Deputy City Clerk