CITY COUNCIL MEETING
MINUTES
MONDAY, AUGUST 27, 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 August 27, 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 – HAROLD PHILLIPS
The invocation was given by Council Member Harold
Phillips who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Paul Jenness and Harold Phillips, Ward I; Anna Marie
Martin and Greg Duncan, Ward II; Lyndell Brenton and John Parry, Ward III; and
Fred Foster and Nick King, Ward IV. Also
in attendance were Curt Wenson, City Administrator; Cynthia Boecker, Assistant
City Administrator; Craig Knouse, Police Chief; Tim Moore, Police Lieutenant; Linda
Tyree, Finance Director; Diana Adams, Special Project Manager; Steve Hansen,
Public Works Director; Steve Anderson, Planning & Development Director; Rebecca
Wymore, City Planner; Dan Fernandez, Planner; Katherine Burr, Planner; Tony
Sage, Information Services Director; Brad Boone, Information Services
Specialist; Amy Brusven, Human Resources Director; Shawnna Funderburk,
Assistant to the City Administrator; Jane Sharon, Deputy City Clerk; George
Kapke, Legal Services Provider; Jason Noble, The Kansas City Star; Angie
Borgedalen, Liberty Tribune and 17 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
A. SPECIAL SESSION MINUTES OF AUGUST 20, 2007
Council Member Martin moved to approve the minutes as
distributed. Council Member Phillips
seconded the motion which carried 7-0-1.
Council Member King abstained due to absence.
B. STUDY SESSION MEETING SUMMARY OF AUGUST 20, 2007
Council Member Martin moved to approve the meeting
summary as distributed. Council Member
Phillips seconded the motion which carried 7-0-1. Council Member King abstained due to absence.
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp recognized Cub Scouts Pack 214 including Peter Boos, Gabe Biggs and
James Bednar, who are all working on badges.
James
Bednar, 608 Butternut asked, in light of the Minnesota bridge tragedy, if any bridges in Liberty are designated as structurally insufficient.
Pat
Miller, 1955
Kings Highway,
asked Council to permit citizens to speak during Council study sessions.
Jim
St. John, 1200
Cross Lane, described
poor street conditions in the Brookview Gardens neighborhood and asked Council to address the matter.
VI. MEETING SCHEDULE
A. APPOINTMENTS
Fair Housing and Rehabilitation Committee
Reappoint Larry Wilson to a term expiring 09-01-2009
Reappoint Margaret James to a term expiring 09-01-2009
Reappoint Kenneth Endsley to a term expiring 09-01-2010
Reappoint Vern Cull to a term expiring 09-01-2010
Reappoint Jackie Murtha to a term expiring 09-01-2010
Liberty Preservation and Development Commission
Reappoint Allen Murray to a term expiring 09-01-2010
Reappoint Ralph Brant, Jr. to a term expiring 09-01-2010
Liberty Parks and Recreation Charitable Fund Advisory Committee
Appoint Julie Casel to a term expiring 01-01-2009
Parks and Recreation Board
Appoint Steve Schwegler to a term expiring 06-01-2009
Appoint
Gary Moore to a term expiring 06-01-2008
Council Member King moved to approve the appointments. Council Member Martin seconded the motion,
which carried unanimously.
B. REGULAR SESSION MINUTES OF AUGUST 13, 2007
Council Member King moved to approve the minutes as
distributed. Council Member Martin
seconded the motion, which carried unanimously.
C.
EXECUTIVE SESSION
MINUTES OF AUGUST 20, 2007
Council Member Phillips asked that the Executive
Session Minutes reflect he was in attendance.
Council Member King moved to approve the minutes. Council Member Martin seconded the motion,
which carried unanimously.
D.
AUTHORIZE
EXECUTIVE SESSION TO BE HELD AUGUST 27, 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, CONTRACT NEGOTIATIONS AS AUTHORIZED BY 610.021(12) RSMo, AND PERSONNEL
MATTERS AS AUTHORIZED BY 610.021(3) RSMo AND 610.021(13) RSMo – MOTION
Council Member King moved to authorize the
meeting. Council Member Martin seconded
the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM AUGUST 3, 2007 THROUGH AUGUST 17, 2007 – ORDINANCE
Council Member Brenton requested that Check Numbers 103350,
103467 and 103520 be removed and voted on separately.
Document No. 6724 was read. Council Member King moved to approve the
ordinance. Council Member Phillips
seconded the motion.
Council Member Parry asked about check number 103104
for primacy fees. Public Works Director
Steve Hansen stated he believed that was a fee charged by the Department of
Natural Resources related to sewage discharge points but would check and
provide a complete answer.
Council Member Brenton asked about a check to
Commonwealth Title for “O&E”. Mr.
Hansen stated those are related to the H Highway waterline project and each ownership and encumbrances
must be verified for the purposes of obtaining easements. Mr. Brenton asked about a check noted for
summer audit. City Administrator Curt
Wenson stated the staff would find out and report back to Council. Mr. Brenton asked about the checks to
Bartlett & West. Mr. Hansen stated
there were two storm sewer projects in the 2010 program and these were payments
for engineering services related to that project.
Council Member Jenness noted a payment to Crossroads
Chevrolet in Kearney and stated he would like to spend money locally
whenever possible. Mr. Hansen stated
that payment had been for repair of a Liberty Access bus.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Martin – yes; Council Member Brenton – yes; Council Member Foster – yes;
Council Member Jenness – yes; Council Member Duncan – yes; Council Member Parry
– yes; Council Member King – yes. The
motion carried unanimously; it was approved by the Chair and inscribed in
Ordinance No. 9184.
Council Member Martin moved to approve check numbers
103350, 103467 and 103520. Council
Member King seconded the motion.
Vote
on the motion was as follows: Council
Member Phillips – yes; Council Member Martin – yes; Council Member Brenton –
abstain, due to a potential conflict of interest; Council Member Foster – yes;
Council Member Jenness – yes; Council Member Duncan – yes; Council Member Parry
– yes; Council Member King – yes. The
motion carried 7-0-1; it was approved by the Chair and inscribed in Ordinance
No. 9184.
B. *ROGERS PLAZA, WEST OF A HIGHWAY
Planner Katherine Burr reviewed the final plat for Rogers Plaza. The
development is located northwest of A Highway, south and east of Place Liberté and south of Warren Hills Elementary
School. The site will have direct access to A Highway and access to existing sanitary sewer and water
mains. Sufficient area for stormwater
detention will be provided. The
application substantially conforms to the requirements set forth in the UDO and
the Planning & Zoning Commission unanimously recommended approval of the
final plat by a vote of 8-0.
Ms. Burr also reviewed the final development plan for
Phase 1 of Rogers Plaza, which proposes three buildings with a total of 77,500
square feet. Adequate on-site parking
will be provided with 270 parking spaces in this phase. Direct access is available to the site via A Highway and sanitary sewer and water will be provided by
relocated existing site mains.
Stormwater will be detained on-site and released at an acceptable
rate. The main building will have a
total size of 52,500 square feet and will house Rogers Sporting Goods. The buildings will be constructed of brick,
simulated stone, and Exterior Insulation and Finish Systems (EIFS) with metal
coping and tile accents. The landscape
plan meets the UDO standards and proposes street trees along A Highway as well as throughout the site. The detention area will be landscaped with
natural vegetation. The final
development plan substantially conforms to the City’s Future Land Use Plan and
the City’s site development standards.
The Planning & Zoning Commission unanimously recommended approval by
a vote of 8-0.
In response to Council questions, staff noted that the
drive lanes for the proposed development has drive lanes that are five feet
wider and have a two-foot truck apron compared to the roundabout in the
Triangle. Stormwater retention would be
improved by the development proposed.
The development is subject to the Roadway Development Tax but the
applicant would receive a credit for its current space in the Triangle. The Roadway Development Tax will be assessed
at the building permit stage. Sight line
and buffering issues related to the other two buildings would be addressed when
the final development plan for the second phase comes forward.
1.
FINAL PLAT –
ORDINANCE
Document No. 6725 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 King moved to approve the
ordinance. Council Member Martin
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9185.
2. FINAL
DEVELOPMENT PLAN FOR PHASE 1 – RESOLUTION
Council Member Martin moved to approve the
resolution. Council Member King seconded
the motion, which carried unanimously and is inscribed in Resolution No. 2309.
C. *FINAL
DEVELOPMENT PLAN FOR ADDITION AND CARWASH AT VALERO STATION LOCATED AT 609
SOUTH 291 HIGHWAY – RESOLUTION
City Planner Rebecca Wymore reviewed the final
development plan for an addition and carwash at the Valero station. The western addition is proposed to extend
the current retail space by 600 square feet.
The addition to the south is proposed to include a car wash, with a
total of 640 additional square feet. The
proposed additions would require a variance from the building setback line by approximately
four feet for the location of the proposed car wash. A rear fence and rear property landscaping
provide an existing buffer. The
applicant is willing to add trees to the substantial existing landscaping if
additional screening is considered necessary.
Exceptions to the setbacks are permitted by the UDO where unique
conditions prevail. The application
substantially conforms to UDO requirements.
The Planning & Zoning Commission recommended approval of the final
development plan with the following stipulations:
1.
A variance shall
be granted to permit the car wash addition to encroach over the building
setback by five feet; and
2.
A variance shall
be granted to allow the privacy fence and landscaping, as shall be maintained
by the owner, to serve as the required buffer.
Questioned by Council, Staff noted that comments from
residents adjacent to the property had been received more than a year ago, but
none since the application was submitted.
As a final development plan does not require a public hearing, the City
did not contact adjacent property owners about the submittal. While the staff report noted a four foot
encroachment would be needed, the stipulation includes a five-foot encroachment
to assure the encroachment does not exceed what is allowed. The dryer component of the car wash is to be
housed inside the car wash building. If
Council wishes, it can add a requirement for additional landscaping between the
back of the station and the residence or could require replacement of
landscaping that fails. This final
development plan is subject to the Roadway Development Tax which would be
applied by looking at the convenience store and car wash as separate uses. The waste water from the car wash would be
directed to the sanitary sewer system.
Council Member King moved to approve the resolution
with the two stipulations proposed by staff.
Council Member Martin seconded the motion. It was suggested by Council Member Brenton
that communicating proposed uses such as this to adjacent residents would be
appropriate, particularly if, as in this instance, there is a new property
owner who is unaware of the application.
The motion carried unanimously and is inscribed in
Resolution No. 2310.
D.
ADOPTION OF LEGAL
DEFENSE POLICY – RESOLUTION (continued
from July 23, 2007)
Council Member Phillips moved to approve the
resolution. Council Member Duncan
seconded the motion.
Following a lengthy period of questions and discussion
by the Council, Council Member Martin moved to table consideration of the
policy until additional information was made available. Council asked on which policies this policy
was patterned including the reasons why some exclusions were specifically noted
in the policy. Council also requested
options regarding how to address other personal insurance coverage in the
policy.
The motion to table the discussion for further
information carried unanimously.
E.
RE-ESTABLISHMENT
OF LOCAL REGULATION FOR FINANCIAL DISCLOSURE – ORDINANCE
Document No. 6726 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 Phillips moved to approve the
ordinance. Council Member Martin
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9186.
F.
ACCEPTANCE OF
SANITARY SEWER AND WATER MAIN EASEMENTS FOR THE HIGHWAY 291 OFFICE COMPLEX
PROJECT – ORDINANCE
Document No. 6727 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 Phillips
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9187.
G.
*CITY PHONE
SYSTEM
Information Services Director Tony Sage reviewed
information previously provided to Council related to a proposed new telephone
system. As a result of limitations and
increasing failures of the 15-year-old system the equipment for which is no
longer supported, staff sent out a Request for Proposals to seven vendors, four
of which responded. One of the four
responses was deemed incomplete and not considered. AT&T proposed a system that improves
system access, eliminates staff time required to maintain an in-house system
and increases flexibility and services associated with phone coverage for City
facilities while reducing annual costs.
Savings include a reduction in long distance rate and maintenance.
Asked about the difference between the budgeted
figures noted in the staff report compared to the published 2007 budget, it was
noted that an amendment to the 2007 budget had been approved by Council this
year. The numbers in the staff report
reflect the 2007 budget as amended.
Staff also noted that, as with any system, additional equipment
would be needed to allow for the installation of the system, but this was not
included in the RFP in order to be able to compare the systems proposed. The purchase of equipment is proposed to be
acquired through a lease/purchase agreement with UMB Bank to be paid over three
years. The lease/purchase plan is
proposed in order to spread the cost of the equipment over time but the cost
savings of the new system would offset the financing costs for the lease.
Once approved, it is anticipated the new system would
be in place within 75 days of agreements being executed. An advantage of the new system is that it can
be installed in a parallel setup to the existing phone systems.
1.
AGREEMENT WITH AT&T
GLOBAL SERVICES, INC. FOR PURCHASE AND SERVICE – ORDINANCE
Document No. 6728 was read. Council Member Martin 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,
which carried 7-1-0. Council Member Parry voted in
opposition. It was approved by the Chair
and is inscribed in Ordinance No. 9188.
2.
AGREEMENT WITH
AT&T DATACOMM FOR SERVICES AND EQUIIPMENT – ORDINANCE
Document No. 6729 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 Phillips
seconded the motion, which carried 7-1-0. Council
Member Parry voted in opposition. It was
approved by the Chair and is inscribed in Ordinance No. 9189.
3.
AGREEMENT WITH
AT&T CORP. ACCEPTING PRICING SCHEDULES – ORDINANCE
Document No. 6730 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 King seconded
the motion, which carried 7-1-0. Council Member Parry voted in
opposition. It was approved by the Chair
and is inscribed in Ordinance No. 9190.
4.
CONTRACT WITH AUS
FOR INSTALLATION – ORDINANCE
Document No. 6731 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 Martin moved to approve the
ordinance. Council Member Phillips
seconded the motion, which carried 7-1-0. Council
Member Parry voted in opposition. It was
approved by the Chair and is inscribed in Ordinance No. 9191.
5.
LEASE AGREEMENT
WITH UMB BANK, N.A. – ORDINANCE
Document No. 6732 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Phillips seconded the motion,
which carried unanimously.
Council Member Martin moved to approve the
ordinance. Council Member King seconded
the motion, which carried 7-1-0. Council Member Parry voted in opposition. It was approved by the Chair and is inscribed
in Ordinance No. 9192.
H.
AMENDMENT TO
SECTION 20-32, “DRIVERS LICENSE”, OF THE LIBERTY CITY CODE PERTAINING TO INTERMEDIATE DRIVERS – ORDINANCE
Document No. 6733 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 Phillips
seconded the motion.
Police Lieutenant Tim Moore clarified that
intermediate drivers are ages 16 to 18 and may drive with certain restrictions
as to the passengers. Learner’s permits
are issued to drivers ages 15 ½ to 16.
The motion carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9193.
I.
AMENDMENT TO
SECTION 20-117, TAXICAB STANDS, BUS ZONES, AND SPECIAL RESTRICTED PARKING
ZONES, OF THE LIBERTY CODE OF ORDINANCES PERTAINING TO RESIDENTIAL PARKING
PERMIT AREAS – ORDINANCE
Document No. 6734 was read. Council Member Martin 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.
Staff clarified that the proposed amendment was due to
four property owners in the Jewell District requesting the number of permits per residence be
increased.
Council Member Brenton suggested the language in the
amendment needed to be changed to clarify the fee for each permit is five
dollars and moved to amend the pending motion to include “for each permit” in
the amending ordinance language to accomplish that clarification. Council Member Martin seconded the motion,
which carried unanimously.
The motion to approve the ordinance as amended carried
unanimously. It was approved by the
Chair and is inscribed in Ordinance No. 9194.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr. Wenson noted this is Assistant City Administrator
Cynthia Boecker’s last formal meeting.
He thanked her for her service and for greatly easing the transition
when he was hired as city administrator.
He added there would be a community reception for Ms. Boecker on
Tuesday, September 4 and there would be no Council meeting that evening.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council Member Duncan stated that he had first worked
with Ms. Boecker while serving on the Park Board and her departure is Liberty’s loss and Lawrence’s gain.
Council Member King appreciated that the rental codes
would be addressed in a future study session.
Council Member Martin asked if the City had applied
for any of the public safety grants mentioned in a letter from Representative
Sam Graves. Fire Chief Gary Birch said
application was made but announcements of the grants awarded would not be for
some time.
Mayor Steinkamp noted that the recent meeting on light
rail had concluded that the current proposal would not work due to
rights-of-way issues. Platte County’s map doesn’t include Clay County and Kansas municipalities and counties have indicated little or
no support for bi-state funding.
Mayor Steinkamp announced a short recess in the
meeting at 9:32
p.m.
Mayor Steinkamp reconvened the meeting at 9:40 p.m.
A. MAYOR
FORUMS REVIEW
Following a review of the four mayor forums, a change
in format was proposed. One forum during
the day and a second in the evening would offer an opportunity for city-wide
issues to be discussed. Following the
mayor’s presentation, an opportunity to break out into wards would be
provided. In the smaller group
discussions, neighborhood issues could be reviewed by the council members. Staff would float among the groups during
this time, serving as resources to the smaller groups.
Improved methods of tracking issues and the City’s
responses as well as ways to identify and communicate with participants and
citizens regarding the forums are being developed.
XIII. ADJOURNMENT
The meeting adjourned at 9:57 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk