CITY COUNCIL MEETING
MINUTES
MONDAY, APRIL 28, 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 28, 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
The invocation was given by Anna Marie Martin, 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; Gary Birch, Fire Chief; Steve Anderson, Planning &
Development Director; Katherine Burr, Planner; Tony Sage, Information Services
Director, Shawnna Funderburk, Assistant to the City Administrator; Jane Sharon,
Deputy City Clerk; David Knopf, The Kansas City Star; and 15 members of the
public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp welcomed Boy Scout Dalin Russell with Troop 134, who is working on
his emergency preparedness and communications badges.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
A. REZONE
30 ACRES IN BLACKBERRY SUBDIVISION FROM MU, MIXED USE, TO RN, NEIGHBORHOOD
RESIDENTIAL (CONT. FROM 3/24/08 REGULAR SESSION; TO BE CONTINUED TO 5/27/08 REGULAR SESSION)
Mayor Steinkamp noted the applicant has requested the
public hearing be continued to the May 27, 2008 regular session.
Council Member King moved to continue the public hearing to the May 27, 2008 regular session.
Council Member Parry seconded the motion, which carried unanimously.
B. *SPECIAL
USE PERMIT FOR ADAPTIVE REUSE OF FOUR-UNIT BUILDING IN THE RNC, NEIGHBORHOOD
CONSERVATION DISTRICT WITH HISTORIC PRESERVATION OVERLAY AT 306 HARRISON [PZ
CASE NO. 08-018SUP] – RESOLUTION
Staff reviewed the application for adaptive reuse of a
four-unit building at 306 Harrison., noting the property had been used as a multi-family
dwelling prior to being damaged by fire.
The applicant wishes to again use it for multi-family housing.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
Jeanne Johnson, 253 West Kansas, stated she lives directly east of the building and
questioned whether there is adequate parking.
She also pointed out that a sump pump is eroding a shared driveway on
the other side of the structure.
Seeing no one else wishing to speak to the
application, Mayor Steinkamp closed the public hearing. In response to Council questions, the
applicant, Mike McCann, addressed the parking question, stating there are four
off-street parking spaces and on street parking would be on Harrison Street. He added that
he is working with the adjacent property owner to address the sump pump matter.
Council Member King moved to approve the
resolution. Council Member Martin
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2348.
C. *SPECIAL
USE PERMIT TO ALLOW TEMPORARY SALE OF FIREWORKS 6/20-7/4 AT STEWART CT., LOT 2, SHOPPES AT LIBERTY TRIANGLE [PZ CASE NO. 08-019SUP] – RESOLUTION
Staff reviewed the application for fireworks sales in
the Liberty Triangle. The fireworks tent
would be located south of the Texas Roadhouse restaurant and 15 parking spaces
are included. Additional traffic from
the temporary use is anticipated. The
temporary use application meets the City’s standards and the Planning &
Zoning Commission recommended approval with the following stipulation: disperse approved information which outlines
what fireworks are allowed to be discharged in the city limits.
In response to Council questions, staff provided the
following information: for all special
use permits, notices are published in the newspaper and a letter is sent to
property owners within 185 feet of the proposed site; the property owner
leasing the property for the fireworks sales included the 15 parking spaces;
and staff would check to confirm this property has not yet been activated for
tax increment financing.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
The applicant, Angel Hawkins, 6900 N. Quincy Avenue, Kansas
City, Missouri, answered Council questions stating a trailer would
be brought in on June 15 and would be removed on July 5.
Fay Bedinger, 232 West Franklin, asked how much sales tax is generated from these
sales. Staff stated sales tax is
required to be collected and the amount generated would depend on the sales.
Seeing no one else wishing to speak to the
application, Mayor Steinkamp closed the public hearing.
Council Member King moved to approve the
resolution. Council Member Martin
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2349.
D. *SPECIAL
USE PERMIT FOR PLACEMENT OF UTILITY BOXES AT 100 LIBERTY DR., 935 CANTERBURY
LN., 16 S. FAIRVIEW AVE. AND 425 CLAYWOODS PKWY. [PZ CASE NO. 08-021SUP] –
RESOLUTION
Staff reviewed the application for placement of
utility boxes at each of four locations.
The applications meet City standards and the Planning & Zoning
Commission recommended approval with the following stipulation: the landscaping plan for each utility box shall
consist only of native grasses such as Pampas,
Maiden or Zebra, surrounding each box in its entirety.
In response to Council questions, staff provided the
following information: these boxes will
be in addition to any existing boxes at these locations; the landscaping around
the boxes will not restrict sight distance and only relates to the new boxes
being proposed; the applicant has indicated these large boxes should provide
service to areas in the long term; the boxes are within existing easements; one
box was moved from its proposed location at the request of the property owner; some
utility boxes are being placed in the City because the box size is allowed
outright; it is the retrofitting of boxes in older neighborhoods that generally
is a challenge; underground placement is not an option being considered by
AT&T or Aquila.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak to the application.
Mike Chambers, AT&T, 500 East 8th Street, Room 695, Kansas City, Missouri, recognized the need to get the City’s trust on the
placement of the large utility boxes. He
noted that Overland
Park has removed
some of its requirements following AT&T’s placement of boxes in that
City. AT&T is getting into the
market to provide television as well as internet and phone service. This will make prices more competitive. It is his company’s position to go into a
neighborhood and, if they can’t come to an agreement for placement of the
boxes, they just move to another neighborhood.
In response to Council questions, he added that many
of the boxes being placed in Liberty are smaller than these and do not require prior
approval. They will work with the
neighbors to ensure the landscaping remains a useful barrier. The number of customers served determines the
size of the box; the smaller boxes serve 150 to 200 customers. These being proposed under special use permit
serve 300 customers. Underground
placement is not an option, due to the massive size of the vault that would
have to be installed.
Seeing no one else wishing to speak to the application,
Mayor Steinkamp closed the public hearing.
Council Member King moved to approve the
resolution. Council Member Foster
seconded the motion. Council Member
Brenton stated he would vote in favor of the resolution, but would assess the
trust factor as this process goes forward.
Council Member Phillips stated he believed AT&T has the ability to
make it work and provide an attractive product, if residents want it. He stated he would vote against issuing the
permit. The motion carried 6-2-0. Council Member
Phillips and Council Member Martin voted in opposition. The resolution is inscribed in Resolution No.
2350.
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS
In response to Council questions, staff stated that
Performance Printing is located in Kearney and has provided the best pricing for recent
projects. Pricing quotes are obtained
from several vendors, including those based in Liberty, prior to placing the printing order; the cost
difference between the utility bill mailers and the letters is volume (110,000
versus 16,000) and the delinquent tax bills being a multipart form. Petty cash is used to provide reimbursement
for expenses up to $150. Recently a
part-time employee was issued $154 from petty cash to replace a lost
paycheck. The issuance from petty cash
above the limit required administrative approval.
1. EXCLUDING
AQUILA AND KCP&L FROM APRIL 4, 2008 THROUGH APRIL 18, 2008 – ORDINANCE
Document No. 6837 was read. Council Member Martin moved to approve all vendor
payments with the exceptions of check numbers 106819 and 106860. Council Member Phillips 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. 9291.
2. TO AQUILA
AND KCP&L FROM APRIL 4, 2008 THROUGH APRIL 18, 2008 – ORDINANCE
Document No. 6838 was read. Council Member Martin moved to approve all
vendor payments related to KCP&L and Aquila. 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. 9291.
B.. PRELIMINARY DEVELOPMENT PLAN FOR SIX COMMERCIAL
BUILDINGS AT RUSH CREEK PKWY. & GLENN HENDREN DR. – RESOLUTION
In response to Council questions, staff provided the
following information: $530,000 noted in
a budget amendment report about funding to come from additional monies released
by Clay County to the Road District is for overlay projects; Glenn Hendren is
scheduled in this year’s budget for overlay; typically office buildings seldom
have tenants that generate sales tax; and more developers are becoming open to
environmentally friendly storm water and landscaping design. The site is zoned commercial and preliminary
development plan applications do not require notice to adjacent property
owners. The plan must meet all
applicable City standards, including those in the Unified Development
Ordinance. The plan calls for six
buildings and four structures. Turn
lanes off of Glenn Hendren onto the Parkway were not warranted at this
time. This and parking for the
development will be reviewed in more detail when the final development plan is
brought forward. A portion of the
property is included for future development.
Council Member Phillips moved to approve the
resolution. Council Member Jenness
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2351.
C. PRELIMINARY
DEVELOPMENT PLAN FOR NEW LIBERTY HIGH SCHOOL AT A HWY. AND 104TH STREET [PZ CASE NO. 08-023PDP] –
RESOLUTION
In response to Council questions, staff noted that
water service to the site would be provided by the City of Liberty. The traffic
study did not reveal a signal being warranted west of A Highway at this time, though that will again be reviewed when
the second phase is brought forward. The
design includes accommodation of pedestrian access that could come with future
development.
Council Member Martin moved to approve the
resolution. Council Member Phillips
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2352.
D. AMENDMENT
TO 2007 BUDGET – ORDINANCE (Continued
from April 14, 2008 regular
session)
City Administrator Curt Wenson noted staff recommends
continuing this item to the May 12, 2008 regular session to provide staff an opportunity to complete its
research and answer several questions received from Council.
Council Member King moved to continue the item to the May 12, 2007 regular session.
Council Member Jenness seconded the motion, which carried unanimously.
E. EMPLOYEE
BENEFITS AGREEMENTS FOR PLAN YEAR JULY 1, 2008 THROUGH JUNE 30, 2009
In response to Council questions, staff stated that $51,345
was the total savings from what was budgeted in 2008 for insurance. Council Member Brenton requested that
consideration be given to using these savings for increases to those who did
not receive the 2.3 percent increase beginning January 1, 2008.
1. MEDICAL
COVERAGE PLAN AGREEMENT WITH BLUE CROSS BLUE SHIELD – ORDINANCE
Document No. 6839 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. 9292.
2. DENTAL
COVERAGE PLAN AGREEMENT WITH METROPOLITAN LIFE INSURANCE COMPANY – ORDINANCE
Document No. 6840 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 unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9293.
3. SHORT
TERM DISABILITY COVERAGE AGREEMENT WITH METROPOLITAN LIFE INSURANCE COMPANY –
ORDINANCE
Document No. 6841 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. 9294.
4. ADDITIONAL
COVERAGE AGREEMENT WITH AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS GEORGIA – ORDINANCE
Document No. 6842 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 unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9295.
F. AGREEMENT
WITH KENTON BROTHERS FOR PURCHASE AND INSTALLATION OF CITY HALL SECURITY SYSTEM
IN AN AMOUNT NOT TO EXCEED $57,110.45 – ORDINANCE
In response to Council questions, staff reviewed the
bid process, noting staff also scheduled a pre-bid conference. Invitations to bid were sent to nine vendors
with only one response. This is a
wireless system and can be moved to other locations. It is not tied to the phone system, which may
have made it more difficult for some vendors to provide as specified.
The City will pay for the project and receive full
reimbursement through MARCIT. An upgrade
to the City’s security system has been needed for some time and this addresses
concerns about employee and citizen safety. Additional access restrictions will be imposed
after regular business hours.
Document No. 6843 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 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. 9296.
G. ACCEPTANCE
OF PROJECT, WARREN HILLS ELEMENTARY – RESOLUTION
Council Member Martin moved to approve the
resolution. Council Member King seconded
the motion, which carried unanimously and is inscribed in Resolution No. 2353.
H. CONTRACT
WITH LINAWEAVER CONSTRUCTION FOR COLLEGE PARK NEIGHBORHOOD IMPROVEMENT PROJECT IN AN AMOUNT NOT TO
EXCEED $811,314.10 – ORDINANCE
In response to Council questions, staff stated the
proposed contractor is a small company but references have been thoroughly
checked and the low bid meets all the requirements. If there is an inverse condemnation pending
elsewhere, it is likely related to an easement that could not be acquired. The amount for the project is a not to exceed
amount which means that amendments would be considered by Council. If there are unforeseen changes necessary
that increase the cost of the project, the savings from the low bid will
provide additional funds in the budget to cover them. The City received bids and conducted a formal
bid opening. Representatives of the
engineering contractor were present at the bid opening and reviewed the bids
for math accuracy. The engineering
contractor also declared the proposed contractor to be a good candidate for the
project.
Document No. 6844 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 King seconded
the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9297.
X. OTHER BUSINESS – None.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Staff
provided information about the recent meeting of the Shoal Creek Tax Increment
Financing (TIF) Advisory Committee. The City
had requested that the Committee consider recommending to the Kansas City TIF
Commission that the funds designated for the engineering design of the
Flintlock overpass be retained and not returned to the Liberty School
District. This was the recommendation of the TIF
attorney for the Commission as well. It
appears, however, that the Advisory Committee voted to recommend that none of
the TIF funds be retained for the project, including funds to cover expenses incurred
in the preliminary engineering design as agreed to through an intergovernmental
agreement entered into by the City, TIF Commission and School District. Staff is
scheduling a meeting between the City and the School District to discuss their options with regard to the project
funding.
Council
Member Duncan, who attended the Advisory Committee meeting, expressed surprise
at the cool response from the Committee to the City’s request. It appears the Committee believes this is an
issue to be addressed by the City and the School District. Neither the
City nor the School District presented any formal action taken by its governing
bodies to the Advisory Committee.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips noted that the annual walking tours for 3rd graders
began today and is a wonderful demonstration of community partnership between
the School District, City, downtown businesses and Historic Liberty.
Council
Member Foster expressed appreciation for the staff work involved in the
successful “Take Your Kids to Work Day” event last week.
Council
Member Duncan talked about representing the City for the recent Arbor Day
commemoration where citizens, City staff and elected officials gathered to
plant a tree.
Mayor
Steinkamp stated he enjoyed being interviewed recently by a third grade class. He announced a meeting of Northland mayors
which he would not be able to attend and asked Council members if one of them
could participate. The group is
exploring the possibility of meeting on a regular basis to exchange views on
issues affecting their cities.
XIII. ADJOURNMENT
The meeting adjourned at 8:48 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy
City Clerk