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CITY COUNCIL MEETING

MINUTES

MONDAY, JANUARY 14, 2008

 

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 January 14, 2008 with Mayor Robert T. Steinkamp presiding.  Mayor Steinkamp called the meeting to order at 7:02 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; Greg Duncan and Anna Marie Martin, 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; Dan Estes, Assistant City Administrator; Steve Hansen, Public Works Director; Craig Knouse, Police Chief; Linda Tyree, Finance Director; Marcella McCoy, Finance Manager; Diana Adams, Special Project Manager; Chris Deal, Parks & Recreation Director; Gary Birch, Fire Chief; Steve Anderson, Planning & Development Director; Tony Sage, Information Services Director; Shawnna Funderburk, Assistant to the City Administrator; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; Jill Sederstrom, The Kansas City Star; and 24 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Steinkamp welcomed Boy Scouts from Troop 374, which is sponsored by the First Presbyterian Church of Liberty, including Chad Lee, Paul Tasetano, Will Cox, Nathan Whitelock, Clutch Dubrel, Bryce Graskemper, and Troop Leaders Lianne Zuber, Darrell Whitlock, Mike O’Neil and Ray Graskemper.

 

Pat Miller, 1955 Kings Highway, thanked the Council for getting more information about the water rates compared to other communities.  She asked the Council to consider not raising the rates but to find other revenues to cover the expenses associated with providing water service.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

Council Member Brenton requested that the minutes of the January 7, 2008 special session be removed from the Consent Agenda and voted on separately.

 

A.                 SPECIAL SESSION MINUTES OF DECEMBER 17, 2007

 

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

 

B.                 EXECUTIVE SESSION MINUTES OF DECEMBER 17, 2007

 

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

 

C.                 STUDY SESSION MEETING SUMMARY OF JANUARY 7, 2008

 

Council Member Martin moved to approve the meeting summary as distributed.  Council Member Jenness seconded the motion, which carried unanimously.

 

D.                 EXECUTIVE SESSION MINUTES OF JANUARY 7, 2008

 

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

 

E.                  TEMPORARY EVENT LIQUOR LICENSE FOR CORBIN THEATRE COMPANY AT HERITAGE HALL ON MARCH 1, 2008 – RESOLUTION

 

Council Member Martin moved to approve the temporary event liquor license.  Council Member Jenness seconded the motion, which carried unanimously and is inscribed in Resolution No. 2328.

 

F.                  ADOPTION OF COUNCIL GOALS – RESOLUTION

 

Council Member Martin moved to adopt the Council Goals as presented.  Council Member Jenness seconded the motion, which carried unanimously and is inscribed in Resolution No. 2329.

 

G.                 SPECIAL SESSION MINUTES OF JANUARY 7, 2008

 

Council Member Brenton requested the minutes be corrected to reflect the roll call.  Council Member Martin moved to approve the minutes as amended.  Council Member Phillips seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.        *TRIANGLE TAX INCREMENT FINANCING PLAN 5-YEAR REVIEW

(*REDEVELOPER LTD ENTERPRISES WILL MAKE PRESENTATION)

 

Dan Carr, of LTD Enterprises, provided a review of development in the Liberty Triangle, noting the following in his presentation:  the extension of College Street to 291 Highway is completed but awaits addition of a traffic signal and sign-off by the Missouri Department of Transportation, which is anticipated this Spring; Once Rogers Sporting Goods moves to its new location, Blue Jay will be extended through the Triangle, which may be completed by next winter; Texas Roadhouse is operating and considered one of the best revenue-producers in the region by the corporation; the strip center is 100% leased; Red Robin and Starbucks are operating and doing well; an Olive Garden is expected to open in mid-February.  Future development in the planning stages includes a Hy-Vee, but details on an outdoor garden center is still being negotiated with Lowe’s, which development agreement restricts another garden center in that location; Hy-Vee also plans to add a gas station, which may be located in the northwest part of the Triangle.  An additional strip center is being planned to be anchored by a sports bar/restaurant.  The developer is in negotiations with another restaurant and a strip center with a tower element and four-sided architecture is planned for the space vacated by the Clay County Health Center.  Two parcels in front of Texas Roadhouse are being considered for a hotel or two additional restaurants.  LTD Enterprises also anticipates acquiring a pad site from Lowe’s for a full service restaurant.

 

Planning in the Triangle is turning its focus on creating a better ambiance.  Landscaping to dress up the detention basin and providing nice entrances to the City are among the developer’s objectives.  The developer is working with the Liberty Arts Council on ideas for the roundabouts.  In response to Council questions, Mr. Carr noted that work is continuing on landscaping along 152 Highway, although some work along Blue Jay and Conistor awaits the completion of the Olive Garden construction and demolition of the former health department building.  Pine trees have been planted near the hotel and sprinklers have been added for the roundabouts.

 

Mayor Steinkamp opened the public hearing and asked if anyone present wished to speak.  Bob Hedrick, 1858 Loughery, asked if any consideration had been given to the empty Hy-Vee store, once it moves to the Triangle.  City Administrator Curt Wenson stated that the owner is making a strong effort to market the space and it is in a good location to attract prospective tenants.

 

Seeing no one else wishing to speak, Mayor Steinkamp closed the public hearing.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM DECEMBER 7, 2007 THROUGH JANUARY 4, 2008 – ORDINANCE

 

Council Member Brenton requested that checks numbered 105342 and 105377 be removed and voted on separately.

 

Document No. 6791 was read.  Council Member King moved to approve the ordinance.  Council Member Martin seconded the motion.  Responding to Council question, staff noted that Green Ready Mix from Excelsior Springs was used for small repairs that are not done by the Liberty vendor.

 

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. 9248.

 

Council Member Martin moved to approve checks numbered 105342 and 105377.  Council Member Phillips 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 unanimously; it was approved by the Chair and inscribed in Ordinance No. 9248.

 

B.         AMENDMENT OF WATER RATES – ORDINANCE (SECOND READING) (Continued from January 7, 2008 special session)

 

Document No. 6787 was read.  Council Member Martin moved to approve the ordinance.  Council Member Phillips seconded the motion.  In response to Council questions, staff stated that a full closeout of the 2007 fiscal year would be necessary before it was known whether the General Fund fund balance would remain at 10.43% and the City should remain mindful of the assumption it would not be higher than the current estimate.  In order to hold a water rate increase to 2.5%, the budget development included reduction of the overhead payment to 7%, which represents a reduction of $100,000 to the General Fund revenue.  The result of not increasing the water rate would further reduce the fund balance in the General Fund.  Staff recommended holding anticipated one-time telecom settlement funds to determine highest need.  Transfers from the capital fund provide funding for capital water expenditures and the rate increase secures necessary revenues to cover budgeted expenditures.

 

The vote resulted in a 4-4-0 tie with Council Member King, Council Member Parry, Council Member Jenness and Council Member Foster voted in opposition.  Mayor Steinkamp broke the tie with a vote in favor.  The motion carried 5-4-0; it was approved by the Chair and is inscribed in Ordinance No. 9249

 

C.         VACATION OF RIGHT-OF-WAY FOR ROGERS PLAZA – ORDINANCE

 

Document No. 6792 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 King 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. 9250.

 

D.        CONTRACT FOR ENGINEERING SERVICES WITH BURNS & MCDONNELL FOR NORTH LIBERTY WATER SUPPLY STUDY IN AN AMOUNT NOT TO EXCEED $15,960 – ORDINANCE

 

Document No. 6793 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Martin seconded the motion.  For lack of a unanimous vote in favor of the motion, Mayor Steinkamp stated the ordinance would be considered on second reading at the January 28, 2008 regular session.

 

E.         CONTRACT FOR ENGINEERING SERVICES WITH GEORGE BUTLER ASSOCIATES FOR SANITARY SEWER RENEWAL PROGRAM IN AN AMOUNT NOT TO EXCEED $115,200 – ORDINANCE

 

Document No. 6794 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Phillips seconded the motion.  For lack of a unanimous vote in favor of the motion, Mayor Steinkamp stated the ordinance would be considered on second reading at the January 28, 2008 regular session.

 

F.         ACCEPTANCE OF OAKWOOD BUSINESS PARK TRACT 8 WATER MAIN EXTENSION PROJECT – RESOLUTION

 

Council Member Brenton moved to approve the resolution.  Council Member Phillips seconded the motion, which carried unanimously and is inscribed in Resolution No. 2330.

 

G.         NEWTON PARK SANITARY SEWER PROJECT

 

1.         ACCEPTANCE OF EASEMENTS – ORDINANCE

 

Document No. 6795 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.

 

Council Member Jenness moved to approve the ordinance.  Council Member Duncan seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9251.

 

2.         ACCEPTANCE OF PROJECT – RESOLUTION

 

Council Member Duncan moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2331.

 

H.        BLACKBERRY DEVELOPMENT PROJECT

 

1.         DISCLAIMING AND ABANDONING A CERTAIN SECTION OF RIGHT-OF-WAY ALONG BLACKBERRY DRIVE – ORDINANCE

 

Document No. 6796 was read.  Council Member Brenton 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 Brenton seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9252.

 

2.         DISCLAIMING AND ABANDONING STORM DRAINAGE FACILITIES AND UTILITY EASEMENTS – ORDINANCE

 

Mr. Wenson referred to a minor correction to the legal description which has been provided to Council in a revised ordinance.

 

Document No. 6797 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 Jenness moved to approve the ordinance.  Council Member Duncan seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9253.

 

X.         OTHER BUSINESS

 

A.                 PURCHASE ORDER FOR VEHICLE FUEL FROM PETROLEUM TRADERS CORPORATION IN THE AMOUNT OF $225,000 – MOTION

 

Council Member Phillips moved to approve the purchase order.  Council Member Martin seconded the motion.  In response to Council questions, staff noted this vendor has a history of supplying the City with fuel.  It was also noted that the bid covers a 12-month period and is for 90,000 gallons of fuel.

 

The motion carried unanimously.

 

B.                 PURCHASE OF TWO STRYKER POWER PRO AMBULANCE STRETCHERS IN THE AMOUNT OF $22,427.08 – MOTION

 

Council Member Martin moved to approve the purchase.  Council Member Phillips seconded the motion.  In response to Council questions, staff stated this equipment was expected to significantly reduce shoulder and back injuries associated with lifting.  There were two back or shoulder injuries reported in 2006, at a cost of approximately $40,000.  In 2007, there 11 injuries were reported, which has cost $18,000 in medication.  Expenses for two surgeries are pending.  These stretchers will replace two which must be manually lifted now.

 

The motion carried unanimously.

 

Council Member Jenness introduced a resolution to commit funds received from the telecom settlements to the 2008 overlay program.  Council Member Parry seconded the motion that the resolution be adopted.  Several council members and the mayor expressed interest in thinking through the use of the funds and spoke in favor of reviewing the City’s needs in a study session prior to making a decision about uses for the anticipated one-time settlement monies.  Council Member Jenness withdrew his motion and Council Member Parry withdrew his second to the motion.

 

Mayor Steinkamp asked staff to schedule a study session at the earliest opportunity to discuss the City’s capital needs.  He also noted that a decision is anticipated sometime this year on the road district funds, which could provide additional funds for road projects.  Mr. Wenson tentatively scheduled the study session for February 4.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR – None.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips thanked the staff for its coordination of the legislative breakfast.

 

Council Member Martin thanked the staff for its commitment and efforts in addressing the water rates.

 

Council Member Jenness reviewed activity of the Parks Charitable Fund Advisory Committee, noting that it had achieved its first objective to get 100% participation from the members of the Advisory Committee and the Parks Board.  Council members have contributed as well.  Since the fund-raising efforts began, $4,600 has been raised for the Fund and in-kind contributions of $20,000 have also been received for printing of the brochure, dirt for two parks’ projects and resurfacing of the court at Ruth Moore Park.

 

Mr. Jenness also asked if the smoking survey results would be provided to the Chamber and the Partnership.  Mr. Wenson stated that staff had met with the Partnership and a separate survey aimed at the business community was also being planned.  The joint discussions would continue through a review of both surveys.

 

Council Member Duncan stated that the Liberty Arts Council had received a number of entries in the Liberty Citizen cover contest.  The entries would be juried and a reception was planned to formally recognize the winners and display the artwork.

 

Mr. Duncan asked whether placement of public art in Tax Increment Financing Districts could be a reimbursable expense.  Mr. Wenson stated that was definitely an option and could be explored in current development where interest is shown.

 

Council Member Parry asked if an announcement was expected from CBL anytime soon.  Mr. Wenson said it was possible as he had spoken with the developer of Whitehall Station today.

 

Mr. Parry suggested the smoking survey be altered to allow the response of “no support” for each survey question.  Mr. Wenson stated he would review the survey with Public Relations Coordinator Sara Cooke.

 

Council Member King asked if the survey was available at city hall in printed form.  Mr. Wenson said it is available both on-line and in printed form at city hall.

 

Mr. King asked what percentage the State collects from cities as a fee.  Assistant City Administrator Dan Estes stated State processing fee is usually one percent but he would get confirmation from the State.

 

Mayor Steinkamp noted he, too, had spoken with the Whitehall Station developer and he understands the City’s position.  CBL is waiting for some additional information which it expects to have soon.

 

Mayor Steinkamp noted that Columbia, Missouri recently celebrated the first anniversary of implementing its smoking ban.

 

Mayor Steinkamp asked council members to review and respond to the two handouts they were provided last week regarding the City Administrator annual review and vacancies on Boards and Commissions.  Because the process of confirming an individual’s interest in serving and obtaining a biographical sketch can take time, he asked that council members submit suggestions as soon as possible.

 

Mayor Steinkamp reminded council members of the upcoming Westgate Division MML dinner meeting and Chamber banquet.

 

Mayor Steinkamp stated that he had discussed with North Kansas City Mayor Gene Bruns the possibility of using casino funds available to that city to secure much-needed repairs to the city-owned Frank Hughes Library building in Liberty, which houses the Clay County Archives.  Thanks to the efforts of City staff following that discussion, it is anticipated that a grant proposal for $40,000 will be fully funded.  The Archives is a repository for many significant Clay County records and the repairs this grant will allow are expected to provide improved quarters for those archival records for ten to fifteen years.

 

Fay Bedinger asked to comment on the smoking survey.  Mayor Steinkamp noted that the citizen participation section of the meeting had closed earlier and he would discuss the matter with her following adjournment of the meeting.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:24 p.m.

 

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk