CITY COUNCIL MEETING
MINUTES
MONDAY, APRIL 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 April 14, 2008 with Mayor Robert T. Steinkamp presiding. Mayor Steinkamp called the meeting to order
at 7:00
p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE – LYNDELL BRENTON
The invocation was given by Lyndell Brenton, 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; Brian Hess, City Engineer;
James Simpson, Deputy Police Chief; Tim Moore, Police Lieutenant; Linda Tyree,
Finance Director; Marcella McCoy, Finance Manager; Gary Birch, Fire Chief;
Steve Anderson, Planning & Development Director; Jonna Wensel, Community
Development Manager; 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 12 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp thanked Council Member Nick King for his service during the last year
as Mayor ProTem. He stated that Council
Member Duncan would serve as Mayor ProTem until April 2009.
Karen
Mische, 1005
Bunting Lane,
reviewed a recent ride-along she participated in with the police department and
expressed concern about the black-out times when officers were not available to
respond to calls. She asked the Council
to consider what is needed for police to have appropriate back up capability
and service, including the addition of officers.
Fay
Bedinger, 232 W. Franklin, stated changes have been made at the Liberty School
District. She offered a document from State
Representative Tim Flook and State Senator Luann Ridgeway and asked the Council
to be mindful of the need to do the right thing. She also asked the Council to fix the
streets.
Mayor
Steinkamp followed up on the information provided by Mrs. Bedinger, stating
that Superintendent Phil Wright had resigned and two staffers were placed on
administrative leave. Mike Brewer has
been named acting superintendent.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
A. *ANNEXED
AREA A
1. REZONE
1.9 SQUARE MILES OF ANNEXED PROPERTY WITH CLAY COUNTY ZONING DESIGNATIONS OF
AG, AGRICULTURAL DISTRICT; I-1, INDUSTRIAL DISTRICT; AND C-2, COMMUNITY
COMMERCIAL DISTRICT, TO THE CITY OF LIBERTY ZONING DESIGNATIONS A, AGRICULTURAL
DISTRICT; M-1, LIGHT INDUSTRIAL DISTRICT; AND C-2, GENERAL BUSINESS DISTRICT
[PZ CASE NO. 08-006R] – ORDINANCE (Continued
from the March 24, 2008 regular session)
Staff reviewed the recent annexation of Area A to the
south of the City and stated this ordinance would place City zoning
classifications on the annexed property.
The Planning & Zoning Commission recommended approval of the zoning
changes.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the rezoning.
Seeing no one, he closed the public hearing.
Document No. 6826 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 Jenness
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9282.
2. AMENDMENT
TO CHAPTER 11, “WARD BOUNDARIES”, LIBERTY CITY CODE, ADDING AREA A TO WARD 4 –
ORDINANCE (Does not require a public
hearing)
Staff noted that the annexed Area A needed to be
incorporated into the City’s wards.
Because there are fewer people estimated in Ward 4 and because Council
will likely adjust the ward boundaries following the 2010 census, staff
recommends placing Area A into Ward 4.
Document No. 6827 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 Jenness
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9283.
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM MARCH 14, 2008 THROUGH APRIL 4, 2008 – ORDINANCE
Document No. 6828 was read. Council Member King moved to approve all
vendor payments with the exceptions of check numbers 106819 and 106860. Council Member Martin 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. 9284.
B. BUDGET
AMENDMENTS
1. AMENDMENT
TO 2007 BUDGET – ORDINANCE
Mayor Steinkamp stated the staff had requested that
this item be continued to the May 14 Regular Session. Council Member Martin moved to continue the
item to the May 14, 2008 Regular Session. Council Member
Phillips seconded the motion, which carried unanimously.
2. AMENDMENT
TO 2008 BUDGET – ORDINANCE
Document No. 6829 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. 9285.
C. ESTABLISH
CITIZEN SALES TAX COMMITTEE – RESOLUTION
Council Member Phillips moved to approve the
resolution. Council Member Martin
seconded the motion. Responding to
Council questions, staff provided the following information: staff would provide germane budget and other
information as necessary for the committee to operate; the committee might be
directed to other resources for some information it requests; and the Council
will appoint the council member to serve as liaison to the committee. Mayor Steinkamp noted the next step after its
formation is to collect and review interest forms from citizens as well as for
the council members to make suggestions for committee members to the
Mayor. A June or July time frame for the
committee to begin work is anticipated. While
perspective is needed, the committee needs to learn from the past and move
forward.
Council Members Parry and King expressed concern that
the budget would not be part of what is reviewed by this committee and that
non-resident Liberty business owners would be ineligible to serve on the
committee.
The vote resulted in a 4-4-0 tie with Council Member Foster, Council Member
Jenness, Council Member Parry and Council Member King voting in opposition.
Mayor Steinkamp stated that residency is a requirement
to serve on boards and commissions in many cities and he believes it is
appropriate in Liberty. He added that
businesses should be represented on the committee, but that is possible through
resident business owners. Mayor
Steinkamp also said he believes the budget is the Council’s responsibility and
the general budget should be reviewed by Council alone. The oversight committee is needed and will
assist Council and provide credibility by confirming appropriate use of sales
tax.
Mayor Steinkamp broke the tie with a vote in favor of
the adopting the resolution. The motion
carried 4-5-0 and is
inscribed in Resolution No. 2344.
D. CERTIFICATE
OF APPROPRIATENESS TO DEMOLISH THREE BUILDINGS AT 6, 10, AND 14 WEST MILL
STREET IN THE LIBERTY SQUARE HISTORIC DISTRICT – RESOLUTION
Council Member Phillips moved to approve the
resolution. Council Member Martin
seconded the motion.
Mayor Steinkamp offered an opportunity for public
comment. Fay Bedinger, 232 W. Franklin, stated she was in favor of the proposed demolition
but asked the Council to be consistent and favorably consider a similar request
by the business across from Sorella’s Deli.
In response to Council questions, staff stated the
following: asbestos removal would be the
responsibility of the applicant; a demolition plan would be submitted to
development staff for review; the Historic District Review Commission (HRDC) reviewed
this application for a certificate of appropriateness and would also review any
proposal for new construction on the property before it is considered by City
Council. One of the HRDC members opposed
the certificate of appropriateness due to the possibility of there being some
architectural value to the buildings.
James Taylor, architect for the applicant, responded
to Council questions, stating that Mr. Willoughby was putting together a master
plan for Antigen expansion to include this space. The expansion would be attached to other
buildings owned by the applicant.
The motion carried unanimously and is inscribed in
Resolution No. 2345.
E. ACKNOWLEDGEMENT
OF RELEASE AND SETTLEMENT WITH PUBLIC WATER SUPPLY DISTRICT NO. 2 PERTAINING TO
WHITEHALL STATION – ORDINANCE
In response to Council questions, staff stated that
this water supply district serves part of Glenaire, Pleasant Valley and a good deal of the district’s service area is
inside the Liberty boundaries.
The water is supplied by Kansas City, Missouri. The release
includes the Whitehall Station development area. This release allows areas inside the city
limits to be added to City service.
There is nothing on the property area included in this release at this
time. The payment allows the City to
provide water service to this area and offers some compensation for the loss of
revenue.
Document No. 6830 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 Martin
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9286.
F. COLLEGE PARK NEIGHBORHOOD IMPROVEMENT PROJECT
1. AMENDMENT
TO CONTRACT WITH OLSSON ASSOCIATES FOR ENGINEERING SERVICES IN THE AMOUNT OF $16,375
– ORDINANCE
Document No. 6831 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. 9287.
2. ACCEPTANCE
OF EASEMENTS – ORDINANCE
In response to Council questions, staff stated that
there is no cost anticipated with the remaining easements.
Document No. 6832 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 Phillips moved to approve the ordinance. Council Member Jenness seconded the motion,
which carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9288.
G. ACCEPTANCE
OF TEMPORARY AND PERMANENT PUBLIC WATERMAIN EASEMENTS FOR H HIGHWAY 16” WATERLINE EXTENSION – ORDINANCE
Document No. 6833 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. 9289.
H. AMENDMENT
TO CONTRACT WITH CLAY COUNTY SANITARY & DITCHING SERVICE, INC. FOR
CONSTRUCTION OF NORTH FAIRVIEW STORM WATER IMPROVEMENTS PROJECT IN THE AMOUNT
OF $100,887.97 – ORDINANCE
Staff reviewed the North Fairview project, stating it has been under contract since
November 2007 and requires an amendment due to unforeseen expenses usual in
older parts of town. The second part of
the amendment allows an unrelated project to be added to the contract for Mac Street near the Arby’s restaurant. The total increase can be funded out of the
project budget and takes advantage of the contractor availability, which is not
always possible.
In response to Council questions, staff stated the
system being used that videos the pipes is a way to view the condition of the
pipes but does not provide information on depth or lateral connections. The Mac Street area is a candidate for neighborhood improvement, but
is a large area and will require curbing, etc.
These repairs being added to this project will reduce further
deterioration until the whole improvements project can be scheduled.
Council Member Brenton expressed appreciation for
staff keeping this on its radar and doing what could be done now, with the
larger project being done when funds are available. Council Member Martin asked staff to check on
a Johnny-on-the-Spot that had been placed in a citizen’s front yard for the North Fairview project and remained there all winter. Staff agreed to check on it, noting that
facilities must be available throughout the duration of the project.
Document No. 6834 was read. Council Member Brenton 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 Brenton
seconded the motion. Council Member King
expressed appreciation for the changes to the reporting format for public works
projects, which are easier to follow.
The motion carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9290.
I. *FINAL ENGINEERING DESIGN FOR
FLINTLOCK OVERPASS PROJECT
Mayor Steinkamp noted that staff has requested the
items related to the Flintlock overpass project be sent to second reading on
April 28 to allow a review by the Capital Improvements Task Force.
Staff reviewed the history and status of the Flintlock
overpass project. In order to keep the
project on schedule for a spring 2009 construction bid opening, the final
design and preparation of right-of-way plans must begin. This requires an amendment to the original
contract with HNTB for the final design.
In the 2009 capital improvement fund, $1.5 million has been allocated
for the City’s local cost share of construction. The full cost of the City’s local share,
estimated at $3-4 million, is being sought by staff, including through the
proposed Whitehall Station development. Until
funding is available through other City funding sources or the City is
reimbursed by the Shoal Creek TIF, staff recommends the construction funds be
reallocated to fund the final design contract amendment.
To accomplish the budgetary changes necessary to fund
this item, the 2008 Liberty 2010 Capital Budget would need to be amended, increasing
the major road improvement capital by $1,200,000 with the understanding that
funding from the Shoal Creek TIF will offset these expenses. The projected 2008 year end fund balance is
sufficient to cover this action.
In response to Council questions, staff provided the
following information: work continues to identify funding for the City’s share
of construction costs, including the Whitehall Station development and the
Shoal Creek TIF continues to identify the original amount allocated to the
project. The Flintlock overpass is a
major priority due to the Whitehall Station development, but the City has several
options. The HNTB contract could be
cancelled. After the design is
completed, if the project is too costly, the City could decide not to construct
the overpass. But in order not to be
required to return the $940,000 received from the State, the project must be
designed and the bid process begun.
Staff has emphasized the time factor in meetings with the Shoal Creek
TIF Advisory Committee and will continue to do so at upcoming meetings. There is an intergovernmental agreement in
place and a clear understanding of the funding costs to be shared.
1. AMENDMENT
TO CONTRACT WITH HNTB CORPORATION IN THE AMOUNT OF $1,198,000 – ORDINANCE
Document No. 6835 was read. Mayor Steinkamp noted this would go to second
reading on April 28, 2008.
2. AMENDMENT
TO 2008 BUDGET INCREASING THE 2010 CAPITAL BUDGET BY $1,200,000 – ORDINANCE
Document No. 6836 was read. Mayor Steinkamp noted this would go to second
reading on April 28, 2008.
Mayor Steinkamp noted he would be out of town the day
of the meeting scheduled with the Shoal Creek TIF Advisory Committee and it was
hoped the Mayor Pro Tem could represent the City and deliver his letter.
J. GRANT APPLICATIONS
1. APPLICATION
TO MISSOURI DIVISION OF HIGHWAY SAFETY FOR ENFORCEMENT OF
HAZARDOUS MOVING VIOLATIONS GRANT – RESOLUTION
Council Member King moved to approve the
resolution. Council Member Martin
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2346.
2. APPLICATION
TO MISSOURI HIGHWAY DEPARTMENT OF TRANSPORTATION (MoDOT) FOR SAFE ROUTES TO
SCHOOLS GRANT – RESOLUTION
Council Member Brenton moved to approve the
resolution. Council Member Martin
seconded the motion. In response to
Council questions, staff noted the grant funds would allow replacement of
12-year-old equipment that no longer functions.
In addition, the funding level would allow purchase of a newer digital
model that can be used for traffic studies.
The unit would be placed in school zones. Messages can also be added, such as “slow
down” or “school zone” and can be used to announce amber alerts. The amount of $25,000 is the maximum that can
be requested through this grant. A bid
process will be conducted if the grant is awarded.
The motion carried unanimously and is inscribed in
Resolution No. 2347
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
City
Administrator Curt Wenson stated that a review of the smoking survey would be
on the agenda for the next study session.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips expressed appreciation for staff meeting with him and a citizen
concerned about a recent sewer backup to provide information on how the City
addresses these matters. He also noted
that on a recent trip to New Town at St. Charles it was incredible to see the evolution of the
development and he hoped Liberty
would be able to have the same experience.
Council
Member Martin thanked the public works’ staff to installing the new blue street
signs.
Council
Member Brenton asked when annual pothole repairs would be scheduled. Public Works Director Steve Hansen stated
they would begin, dependent on weather, as soon as hot patch materials were
available.
Council
Member Foster thanked the staff to adding the newly annexed area to Ward 4.
Council
Member Duncan stated he would make his letter available to council members that
had been referenced in a recent email from a Camelot resident.
Council
Member King thanked the staff for answering questions in Clay Meadows and the
Southview area.
XIII. ADJOURNMENT
The meeting adjourned at 8:34 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk