CITY COUNCIL MEETING
MINUTES
MONDAY, SEPTEMBER 10, 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 September 10, 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 – NICK KING
The invocation was given by Council Member Nick King 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; Gary Birch, Fire Chief; Craig
Knouse, Police Chief; Linda Tyree, Finance Director; Chris Deal, Parks &
Recreation Director; Brian Hess, City Engineer; Steve Anderson, Planning &
Development Director; Rebecca Wymore, City Planner; Tony Sage, Information
Services Director; Sara Cooke, Public Relations Coordinator; Shawnna Funderburk, Assistant to
the City Administrator; Jane Sharon, Deputy City Clerk; Jason Noble, The Kansas
City Star; and 16 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS’ PARTICIPATION
A.
PROCLAMATION FOR
WHITE CANE DAYS – SEPTEMBER 14, 15, 2007
Mayor Steinkamp read and presented a proclamation for
White Cane Days to members of the Liberty Lions Club.
B.
PROCLAMATION FOR
CONSTITUTION WEEK – SEPTEMBER 17 – 23, 2007
Mayor Steinkamp read and presented a proclamation for
Constitution Week to Daughters of the American Revolution Alexander Doniphan
Chapter Regent Anne Sizemore.
C.
PROCLAMATION FOR
NATIONAL PREPAREDNESS MONTH
Mayor Steinkamp read and presented a proclamation for
National Preparedness Month to Fire Chief Gary Birch.
Anne
Wirths, 11422 Sackman Road;
Mike Zimmerman, 19629 NE 102nd Street, and Dale Herrick, 9818
Liberty Hills Drive, all in the unincorporated area of Clay County within the
City of Liberty’s Annexation Area C, requested the City of Liberty take up consideration
of annexing a portion of Area C, due to the prospect of a quarry being
considered by the City of Mosby on land that was
recently the subject of a voluntary annexation.
Rodney
Ames, 10105
Meadow Lake Circle, and Tony Sarver, 11425 Sackman Road, both in the unincorporated area of Clay County within the City of Liberty’s Annexation Area C, added their support for the City
of Liberty to consider moving forward with annexation of Area C.
Fay Bedinger, 232 West Franklin, requested the Council consider easing its
restrictions so that businesses such as Sutherlands could display sheds it
sells outside its building. She also
restated her objection to the brick streets being considered for Franklin and Kansas. Pat Miller, 1955 Kings Highway, also voiced concerns about Sutherlands’ ability to
have outdoor displays.
Mayor
Steinkamp stated that staff would look at the Sutherlands’ outdoor display
issue. He also thanked those who had
commented on annexation, noting that the City of Liberty is aware of the activity in Mosby
and the matter will be discussed by the Council.
VI. MEETING SCHEDULE
A. REGULAR SESSION MINUTES OF AUGUST 27, 2007
Council Member Martin moved to approve the minutes as
distributed. Council Member Phillips
seconded the motion, which carried unanimously.
B.
EXECUTIVE SESSION
MINUTES OF AUGUST 27, 2007
Council Member Martin moved to approve the minutes as
distributed. Council Member Phillips
seconded the motion, which carried unanimously.
C.
AUTHORIZE
EXECUTIVE SESSION TO BE HELD SEPTEMBER 10, 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 Martin moved to authorize the executive
session. Council Member Phillips seconded
the motion, which carried unanimously.
Deputy City Clerk Jane Sharon noted that a State
criminal history report on one of the names submitted by the carnival company
revealed a felony conviction for passing a bad check. The carnival owners have advised the Chamber,
however, that the person is no longer an employee and will not be working on
the carnival at Fall Festival.
Council Member Phillips moved to approve the amusement
license. Council Member Martin seconded
the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
“Why do most communities, including Liberty, currently prohibit pole signs? Because it’s clutter, visual clutter!! Liberty’s City Councils in the past had higher expectations
regarding the gateways to our city. They
didn’t want another Noland Road. We have talked of blight in
our town many times. This clutter on the
interstate and other highways is a form of blight. Keep in mind that when the UDO was drafted in
2005, the oversight committee, the Park Board, the Board of Zoning Adjustments,
the Historic District Review Commission, the Chamber of Commerce, the Planning
Commission and the City Council decided pole signs should not be
permitted. Are pole signs driven by
businesses or by our community? I have
been informed that Liberty citizens want a high quality, classy city, a clean city, something beautiful to look at as they travel
the roads surrounding it - a city that is aesthetically pleasing not only to
approach but also to leave.
“I mentioned this at the study session but it bears
bringing to your attention again. I took
the time to look at the existing signs we now have along I-35. From the Pleasant Valley exit to Highway 33 exit north and south there are
more than 111 signs and 45 mile markers, including speed limit, food, gasoline
and directional signs. Where in the
world could you possibly place more signs safely??? I’m sure all of us have driven up the on-ramp
from I-35 to 152 going north. Drivers
could not possibly read each sign and still traverse the road safely.
“In information provided to us over the past few
months, circles placed on several exhibits indicated “possible locations” for
signs placed 500 feet apart. Feel
confident that similar to Field of Dreams, “if they build it, they will
come”. In other words, if we allow this,
every possible location could be filled in with a sign - just like Noland Road!! If we allow
pole signs to become a part of Liberty’s landscape, this is what Liberty could look like in the future. It may not
happen in a week or a month, but you can be assured that in 5 to10 years our
highways will be cluttered with signage and Liberty and Noland Road will be thought of in the same sentence.
“What are we thinking here? More clutter to confuse and distract
interstate drivers. Who has time to read
these signs? And then if you do, you are
risking life and limb to take your eyes off the roadway. Aren’t we obligated as responsible drivers to
concentrate on the road? As quoted in an
article on signage in the KC Star - enough is enough. Let’s all be responsible. I am unfamiliar with any companies going out of business due to lack of advertising on
pole signs. Many states and cities ban
signage altogether. That means no
billboards, pole signs or directional signs.
For example, drive through the states of Vermont or Illinois or the city of Scottsdale, AZ along with Gladstone, Leawood, Lee’s Summit, Mission,
Overland Park, Prairie Village, Raytown, and Shawnee locally. In
those cities and states you are provided the opportunity to enjoy your
surroundings and, appreciate the beautiful environment. The prohibition of pole signs has not kept
businesses from locating along I-35 and I don’t believe it will in the future
either. Back in the 60's, our first
lady, Lady Bird Johnson, said, “plant flowers instead
of billboards”. She was inspirational to
say the least, as well as a great visionary.
Let’s continue to prohibit pole signs along our highways and streets.
“Frances Gatlin, who lives on Nottingham Place, wrote to the council regarding the general
deterioration of beauty and charm within our city and asked the council not to
change the signage laws. I agree with Frances. NPR recently
did a story on signage and indicated Missouri has more billboards and signs than any other
state. What a distinction for our great
state!! We can’t eliminate billboards
because of state statutes but we can continue to prohibit pole signs. I would encourage all council members to take
the time to picture what this change could do to our city. Be responsible! Do we want clutter or a beautiful and
charming city? My vote will be to
continue enjoying our charming and beautiful city - a vote against pole signs
and visual clutter.”
Staff clarified that, should the Council choose to
include the revision to the section pertaining to pole sign placement near the
I-35 right-of-way, that amendment should be included in the motion to approve
the ordinance.
Council Member King moved to approve the ordinance and
remove the phrase “on a tract of land that is contiguous to the highway
right-of-way” pertaining to pole sign placement. Council Member Jenness
seconded the motion.
Council Member Brenton
requested that the record reflect his agreement with many of the tenets stated
by Council Members Martin and Phillips but believes amendments recommended by
the Planning & Zoning Commission are appropriate, though he would not be in
favor of amendments that would lead to an increase in the number of pole signs
beyond what is recommended by the Commission.
The motion carried 7-1-0 with Council Member Martin voted in opposition. The ordinance was approved by the Chair and
it is inscribed in Ordinance No. 9195.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM AUGUST 17, 2007 THROUGH AUGUST 31, 2007 – ORDINANCE
Document No. 6736 was read. Council Member King moved to approve the
ordinance. Council Member Jenness seconded the motion.
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. 9196.
B. CONTRACT
WITH HAVENS CONSTRUCTION FOR THE GLENN HENDREN WATER LINE REALIGNMENT PROJECT
IN AN AMOUNT NOT TO EXCEED $38,660.55 – ORDINANCE
Document No. 6737 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 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. 9197.
C. H
HIGHWAY AND
CLAYCREST WATERLINE PROJECTS
In response to council questions, staff noted that
this is the first project paid through this budget category and, combined with
engineering costs, amounts to an estimated $795, 000, which is less than the
$900,000 budgeted. Portions of the
waterline are being replaced and other sections are being added in this
project.
1. CONTRACT
WITH HAVENS CONSTRUCTION IN AN AMOUNT NOT TO EXCEED $632,067.50 – ORDINANCE
Document No. 6738 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 King seconded the motion,
which carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9198.
2. CHANGE
ORDER FOR CONTRACT WITH HAVENS CONSTRUCTION IN AN AMOUNT NOT TO EXCEED $75,445.50
– ORDINANCE
Document No. 6739 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 unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9199.
3. ACCEPTANCE
OF EASEMENTS FOR PROJECT – ORDINANCE
Document No. 6740 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 unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9200.
D. 2007 MICROPAVE PROJECT
1. FINAL
CONTRACT AMENDMENT WITH MUSSELMAN & HALL DECREASING AMOUNT BY $2,330.00 –
ORDINANCE
Document No. 6741 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 King moved to approve the
ordinance. Council Member Martin
seconded the motion. It was noted by
Council that the project had come in under budget. The motion carried unanimously; it was
approved by the Chair and is inscribed in Ordinance No. 9201.
2. ACCEPTANCE
OF PROJECT – RESOLUTION
Council Member Phillips moved to accept the
project. Council Member Martin seconded
the motion, which carried unanimously and is inscribed in Resolution No. 2311.
E. ACCEPTANCE
OF EASEMENT FOR 202 WEST
FRANKLIN LOT
SPLIT – ORDINANCE
Document No. 6742 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 unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9202.
F. ACCEPTANCE
OF EASEMENT FOR STORMWATER DRAINAGE FACILITIES, OAKWOOD BUSINESS PARK – ORDINANCE
Document No. 6743 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 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. 9203.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr. Wenson and Mayor Steinkamp reviewed a different format proposed
for mayor forums with a session at 4:00 p.m. which would be repeated at later that evening on October 29. This would include an opportunity for a full
presentation followed by splitting up into Ward-centered groups.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips thanked the staff for the recent retreat and stated he was looking
forward to making progress on what was discussed.
Council
Member Jenness stated the Parks Charitable Fund would
be sending out its first charitable donation letter and the Fund Committee
would have a booth at the Fall Festival.
This is an opportunity for the citizens to participate by private giving
benefiting Liberty Parks.
Mr. Jenness also noted the passing of a legend, Dr. Dick
Bowles, whose works affected the entire community over his lifetime.
Council
Member Duncan stated that the Charitable Fund gifts make a statement about
support of Liberty Parks and he challenged the Council to meet the challenge.
Council
Member Parry stated the Council would be remiss if the upcoming anniversary of
September 11 was not mentioned in the meeting.
Council
Member King asked that the Council consider allowing public comment during
study sessions. He also acknowledged the
six Liberty men who were advancing in the Oreo jingle contest and
would be going to compete in New York.
Mayor
Steinkamp stated that information provided at a recent Mid-America Regional
Council (MARC) Transit Committee meeting indicated that only $6 million of the
two USDOT federal highway funding programs was allotted in the metro area and
that was for the Troost corridor in Kansas City, Missouri.
Mayor
Steinkamp also noted that MARC would be sponsoring public transit forums
through the Smart Moves program. One is
to be scheduled in Liberty and the information would be posted on the City’s
website as it becomes available.
Mayor
Steinkamp stated that he would be presenting a proclamation for National Senior
Center Month at the Silver Center on Thursday.
Mayor
Steinkamp reminded Council of the Executive Session following the regular
session.
XIII. ADJOURNMENT
The meeting adjourned at 8:18 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk