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CITY COUNCIL MEETING

MINUTES

TUESDAY, MAY 27, 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 May 27, 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 – NICK KING

 

            The invocation was given by 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; Mike Snider, Deputy Fire Chief; Steve Anderson, Development Director; Jonna Wensel, Community Development Manager; Dan Fernandez, Planner; 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; Angie Borgedalen, Liberty Tribunes; and 13 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Steinkamp recognized Boy Scout Steven Untch with Troop 418, who is currently working on his communications merit badge.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

Council Member King asked that the regular session minutes of May 12, 2008 and the study session meeting summary of May 19, 2008 be removed from the consent agenda and considered separately.

 

A.                 APPOINTMENTS

 

Parks & Recreation Board

Reappoint Bob Burks to a term expiring 6/1/2011.

 

Council Member Phillips moved to approve the appointment.  Council Member Brenton seconded the motion, which carried unanimously.

 

B.                 SPECIAL SESSION MINUTES OF MAY 12, 2008

 

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

 


C.                 EXECUTIVE SESSION MINUTES OF MAY 12, 2008

 

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

 

D.                 REGULAR SESSION MINUTES OF MAY 12, 2008

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Brenton seconded the motion.

 

Council Member King moved to amend the minutes to reflect the dollar amounts included in the discussion about overlay budgets on page 6 under Miscellaneous Matters.  Council Member Parry seconded the motion.  Council members discussed making changes to minutes in general and when it might be appropriate to request specific information be added, if not included in the minutes recorded by the clerk.  The motion carried unanimously.

 

The main motion to approve the minutes as amended carried unanimously.

 

E.                  STUDY SESSION MEETING SUMMARY OF MAY 19, 2008

 

Council Member Brenton moved to approve the meeting summary as distributed.  Council Member Martin seconded the motion.

 

Council Member King moved to amend the meeting summary to reflect his comments during the discussion.  Council Member Jenness seconded the motion.  Following discussion by Council, the vote resulted in a 3-3-2 tie vote.  Council Member Phillips and Council Member Parry abstained due to absence and Council Member Duncan, Council Member Brenton and Council Member Martin voted in opposition.  Mayor Steinkamp noted he would have agreed with the amendment to the regular session minutes but did not believe that more than a general summary was appropriate for study session meeting summaries.  Mayor Steinkamp broke the tie by voting in opposition to the motion to amend the meeting summary, resulting in a 3-4-2 vote.

 

The main motion carried 6-0-2.  Council Member Phillips and Council Member Parry abstained due to absence.

 

VIII.     PUBLIC HEARINGS

 

A.        *REZONING PART OF LOT 3, BLACKBERRY SUBDIVISION, FROM MU, MIXED USE TO RN, NEIGHBORHOOD RESIDENTIAL DISTRICT AND .37 ACRES FROM R-1A, SUBURBAN RESIDENTIAL DISTRICT TO RN, NEIGHBORHOOD RESIDENTIAL DISTRICT [PZ CASE NO. 08-016R] (Continued from April 28, 2008) – ORDINANCE

 

Staff reviewed the application to rezone portions of the Blackberry Subdivision from Mixed Use and Suburban Residential Districts to Neighborhood Residential Districts.  Parkland dedication requirements are still satisfied with this amendment.  Lot lines would be rearranged and trail access changed.  In response to Council questions, staff clarified that a trail head is being eliminated but the trail would still tie in to existing trails to the south in the future.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak in favor of the application.  Joe Duffey, 1730 S. Withers Road, stated he was available to answer any questions about the application.  Mayor Steinkamp asked if anyone wished to speak in opposition to the application.  Seeing no one, he closed the public hearing.

 

Document No. 6850 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 Brenton seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9305.

 

B.         SECOND PLAT REPLAT OF LOT 3 [PZ CASE NO. 07-057FP] – ORDINANCE (Companion application to rezoning above - does not require a public hearing)

 

Mayor Steinkamp offered an opportunity for public comment on the replat application.  Steve Warger, Harrington and Cortelyou Engineering reviewed the examples of plans and addressed the eight variances requested with the final development plan.  Jeff Julian, 10312 N. Lucerne, Kansas City, Missouri, planning to build the homes in this subdivision, reviewed the design options and explained the need for the variances based on moving the garage behind the house to meet City standards.  In response to Council questions the applicant and his representatives responded with the following information.  All the units are designed with basements, some of which are walk-outs; there are two and three car garage plans.  The existing designs were adapted to address the zoning standards and new untested plans were not considered, due to the existing market.  There will be a mix of both traditional and conventional housing in this subdivision.  Mr. Julian has experience building in the northland.  The homes in this subdivision are anticipated to be marketed in the $300,000 to $400,000 range.  In the remaining tracts not included in this development plan, there will be mixed use, which could include duplex, triplex, fourplex and town houses.

 

In response to Council questions, staff clarified that the conceptual preliminary plan was approved with the initial rezoning application.  The final development plan has more specifics.

 

Document No. 6851 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 Jenness moved to approve the ordinance, which includes eight variances.  Council Member Phillips seconded the motion.  In response to Council questions, Staff noted that this was not the best approach to zoning, with the eight variances, but was what was available for this particular application, given the current codes.  The Planning & Zoning Commission has requested a study session to review codes related to traditional neighborhood design (TND) and would like to see the City rely more on the Smart Code that was adopted last year for TND.  Council Member Martin expressed concern about having so many variances, but appreciated that the developer is moving into more traditional housing from what has been exclusively conventional developments.  Council Member Duncan expressed interest in the Code allowing more diverse development without having to relax the standards.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9306.

 

C.         *SPECIAL USE PERMIT TO ALLOW SMALL GROUP EVENTS AT THE STONE YANCEY HOUSE BED & BREAKFAST, 421 N. LIGHTBURNE [PZ CASE NO. 08-025SUP] – RESOLUTION

 

Staff reviewed the application to allow small group events at an existing bed and breakfast.  The plan included with the application does not include alcohol and the groups would be limited to 30 in size.  The Historic District Review Commission and the Planning & Zoning Commission recommended approval of the application.  In response to Council questions, staff noted that neighbors were generally in favor of the plan, once they were advised of the stipulations.

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.

 

Carolyn and Steven Hatcher, 421 N. Lightburne, operate the bed and breakfast and offered to answer questions.

 

Mayor Steinkamp asked if anyone wished to speak in opposition to the application.  Seeing no one, he closed the public hearing.

 

Council Member Phillips moved to approve the resolution.  Council Member Jenness seconded the motion, which carried unanimously and is inscribed in Resolution No. 2355.

 

D.        *SPECIAL USE PERMIT TO ALLOW THE TEMPORARY SALE OF FIREWORKS FROM JUNE 20 TO JULY 5 AT 1005 N. 291 HWY. [PZ CASE NO. 08-026SUP] – RESOLUTION

 

Staff reviewed the application to allow sale of fireworks in the parking lot on the north side of the antique mall on M291 Highway.  All findings were met and the Planning & Zoning Commission recommended approval.  In response to Council questions, staff stated that the information about City ordinances related to fireworks is provided to the applicant by the City and duplicated and distributed by the applicant.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.

 

Mike Matney, 110 Johnson Road, stated the location had moved to a paved lot this year for ease of operation.

 

Mayor Steinkamp asked if anyone wished to speak in opposition to the application.  Seeing no one, he closed the public hearing.

 

Council Member Martin moved to approve the resolution with the stipulation to “disperse approved information which outlines what fireworks are allowed to be discharged within the city limits.”  Council Member Phillips seconded the motion, which carried unanimously and is inscribed in Resolution No. 2356.

 

E.         *SPECIAL USE PERMIT FOR STUDENT DORMITORY AT IMMACOLATA MANOR, 2145 MANOR WAY [PZ CASE NO. 08-027SUP] – RESOLUTION

 

Staff reviewed the application to allow use of the carriage house on the site for an international student dormitory.  The location would provide housing for 14 students and two chaperones.  The 5 spaces allocated for the site would provide sufficient parking.  The Planning & Zoning Commission recommended approval of the application.

 

In response to Council questions, staff noted that fire, building and planning staff participated in a review and a certificate of occupancy would require completion of a final fire safety inspection.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.

 

Dale Herrick, 9818 Liberty Hills Drive, Executive Director of Immacolata Manor, stated the students are participating in a 10-month program but the dormitory space would be leased by the year. The Carriage House was previously occupied by seven woman and this new option to house students was perceived as a very positive step to serve the community.

Mayor Steinkamp asked if anyone wished to speak in opposition to the application.  Seeing no one, he closed the public hearing.

 

Council Member Phillips moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2357.

 

F.         *AMENDMENT TO UNIFIED DEVELOPMENT ORDINANCE PERTAINING TO UTILITY BOXES [PZ CASE NO. 034-028A] – ORDINANCE

 

Staff reviewed proposed amendments to the Unified Development Ordinance pertaining to placement of utility boxes.  The amendments further clarify the zoning and side and rear yard standards requiring a special use permit.  The review of proposed utility box locations has been added to final development plan and final plat applications to offer options for approval.  The Planning & Zoning Commission recommended approval of the amendments.

 

In response to Council questions, staff provided the following information:  there are no changes proposed with regard to placement of boxes in historic districts; landscaping is not required in areas such as loading docks or areas that are out of sight of the public, such as in narrow spaces between buildings.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.

 

Mike Chambers, AT&T, 500 East 8th Street, Kansas City, Missouri, stated that the company still has a strong desire to have the boxes out of sight and anticipates the cabinets would continue to get smaller.  In fiber-fed areas, there would be no boxes at all.

 

Mayor Steinkamp asked if anyone wished to speak in opposition to the application.  Seeing no one, he closed the public hearing.

 

Document No. 6852 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 King moved to approve the ordinance.  Council Member Duncan seconded the motion.  In response to Council questions, staff stated whether or not a special use permit was required to depend on placement of the utility box.  By adding the utility box placement to the final plat and final development plan stage, it could reduce the number of special use permit applications.  If a box is non-operational for six months, it is considered abandoned and the UDO requires it be removed within six months.  The motion carried 7-0-1.  Council Member Brenton abstained due to a potential conflict of interest.  It was approved by the Chair and is inscribed in Ordinance No. 9307.

 

G.         *SPECIAL USE PERMIT TO ALLOW UTILITY BOXES AT SOUTH VALLEY PARK, LOT 71; 1101 WELLINGTON WAY; AND WESTOWNE OFFICE PARK, LOT 14 [PZ CASE NO. 08-028SUP] – RESOLUTION

 

Staff reviewed the application to allow utility boxes in three locations, 2 in residential areas and one in an office park.  A stipulation has been added to plant trees as landscaping by the resident in whose yard the box is to be placed.  All findings were met and the Planning & Zoning Commission recommended approval.  In response to Council questions, staff stated that the box on Wellington Way would be in addition to the existing box.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.

 

Mike Chambers, AT&T, 500 East 8th Street, Kansas City, Missouri, stated that AT&T would be marketing neighborhood by neighborhood and the reaction overall has been positive.  The size of the boxes is why the company works with the property owner to provide the best options for landscaping.

 

In response to Council questions, Mr. Chambers noted that the landscaping change to trees was requested by the property owner.  The four utility boxes previously approved for special use permits are expected to be completed within 30 to 40 days.

 

Council Member Martin stated the size is still objectionable, but commended the applicant for working with the property owners.  Mr. Chambers expressed interest in future changes to the Code when trust has been developed.  Council Member Foster thanked the applicant for not working during hours when school is in session.

 

Mayor Steinkamp asked if anyone wished to speak in opposition to the application.  Seeing no one, he closed the public hearing.

 

Council Member Martin moved to approve the resolution with the stipulation as to landscaping for the one location on Wellington Way.  Council Member King seconded the motion.  Council Member Brenton stated he would vote in opposition to the application because he considered the initial four special use permits a pilot program and would like to see the results of those before approving more.  The motion carried 7-1-0.  Council Member Brenton voted in opposition.  The resolution is inscribed in Resolution No. 2358.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM MAY 2, 2008 THROUGH MAY 16, 2008

 

1.         EXCLUDING KCP&L AND AQUILA PAYMENTS – ORDINANCE

 

Document No. 6853 was read.  Council Member King moved to approve the vendor payments.  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. 9308.

 

2.         KCP&L AND AQUILA PAYMENTS – ORDINANCE

 

Document No. 6854 was read.  Council Member Phillips moved to approve the vendor payments.  Council Member Jenness seconded the motion.  Vote on the motion was as follows:  Council Member Phillips – yes; Council Member Martin – yes; Council Member Brenton – abstain; 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; with Council Member Brenton abstaining, due to a potential conflict of interest.  It was approved by the Chair and inscribed in Ordinance No. 9308.

 


B.         FINAL PLAT FOR SHOPPES AT LIBERTY TRIANGLE, 4TH PLAT [PZ CASE NO. 08-032FP] – ORDINANCE

 

In response to Council questions, staff noted that adding turn lanes and a bigger footprint for the buildings, the plan has been reduced from three to two.

 

Mayor Steinkamp offered an opportunity for public comment.  John Davis, representing Star Development and LTD Enterprises, 244 West Mill, stated that utilizing the real estate in the manner necessary only two fit on the site.

 

Document No. 6855 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member King 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. 9309.

 

C.         FINAL DEVELOPMENT PLAN FOR 12,500 SQ. FT. BUILDING AT LIBERTY TRIANGLE, 4TH PLAT [PZ CASE NO. 08-033FP] – ORDINANCE

 

In response to Council questions, staff noted that the applicant was putting in 76 parking spaces, more than the 48 necessary, to accommodate those desiring to park near the buildings and to allow for overflow parking, thus reducing the number of people who go elsewhere because parking is not available.

 

Council Member King moved to approve the resolution.  Council Member Phillips seconded the motion, which carried unanimously and is inscribed in Resolution No. 2359.

 

D.        HIGHLAND PLAZA EAST, A HIGHWAY AND COOKINGHAM ROAD

 

In response to Council questions, staff stated that all the sales tax would go to Kansas City, because the structure is in that city’s jurisdiction.  Notification of adjacent property owners was not required because appropriate zoning was already in place.

 

1.         FINAL PLAT, FIRST PLAT [PZ CASE NO. 08-024FP] – ORDINANCE

 

Document No. 6856 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.  Council Member King moved to approve the ordinance.  Council Member Martin seconded the motion.  In response to a question about this space being a commercial opportunity in Liberty, staff stated the proposal is based on what the applicant brings forward.  This application complies with the City standards.  The motion carried 6-2-0.  Council Member Brenton and Council Member Parry voted in opposition.  It was approved by the Chair and is inscribed in Ordinance No. 9310.

 

2.         FINAL DEVELOPMENT PLAN FOR PARKING LOT, [PZ CASE NO. 08-031FDP] – RESOLUTION

 

Council Member Jenness moved to approve the resolution.  Council Member Martin seconded the motion, which carried 7-1-0.  Council Member Parry voted in opposition.  The resolution is inscribed in Resolution No. 2360.

 

E.         CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF LIBERTY FEMALE COLLEGE, 438 E. FRANKLIN [HDRC CASE NO. 07-017J] – RESOLUTION

 

Council Member Phillips stated he had a conflict of interest in this matter, and left the meeting at this time.

 

Mayor Steinkamp offered an opportunity for public comment.  Mike Mundy, 417 East Franklin, a part owner of the property, reviewed their unsuccessful efforts to rehab the property.  With not enough remaining of historical value, the property did not qualify for tax credits.  Every effort would be made in demolition to recycle timbers and brick.  He noted that all neighbors had signed a petition in favor of the demolition.  If approved, the property owners would proceed with plans to construct a single family dwelling that would complement the neighborhood.  In response to Council questions, Mr. Mundy stated the structure is designated as a local landmark.

 

Council Member Duncan moved to approve the resolution.  Council Member Martin seconded the motion.

 

Council Member Martin stated it appeared the applicant had done all that could be done and a more sound structure could be constructed in its place, if this one is demolished.  Council Member Parry stated he owns a property that was in worse condition than this one and it is never economically feasible to restore a historic property.  Mr. Parry suggested perhaps another party could take on the rehab of the structure.  Council Member Foster stated that he has restored properties in Liberty and suggested the Council tour the property before voting to demolish it.  He added that even serious deficiencies can be addressed with time, money and patience.

 

Council Member Jenness noted the Historic District Review Commission (HDRC) vote was 2-2-2 with three members absent and stated he could not vote in favor of demolition under those circumstances.  Council Member Duncan stated he had been inside the property two years ago and it was not marketable.  He added that without tax credits and with the neighbors weighing in favoring the demolition, he believed it was better to have what could be than what currently exists.  Council Member Brenton noted those HDRC members voting in opposition to the demolition also said the property was not viable.  He added that a little of the City’s character is lost with the loss of any landmark.  Council Member King reviewed previous Council action in which the previous owner was not permitted to proceed with his plans for this property.  At that time, more neighbors had opposed demolition, including the applicant.  Mr. King added that demolition sets a dangerous precedent and that maintaining a historic antebellum home is necessary.  Council Member Brenton noted that the previous owner’s plan for the property significantly added to the building’s footprint.  The neighbors who opposed the plan at that time were concerned mostly about the proposed attached buildings.  It would be wonderful if someone could back up their passion for preservation with the funds needed to accomplish it.

 

The motion failed 3-4-0.  Council Member King, Council Member Parry, Council Member Jenness and Council Member Foster voted in opposition to the motion.

 

Mayor Steinkamp recessed the meeting for a short break.  Council Member Phillips returned to the meeting at the time Mayor Steinkamp called the meeting back to order.

 

F.         AMENDMENT TO CONTRACT FOR LEGAL SERVICES WITH KAPKE & WILLERTH – ORDINANCE

 

Document No. 6857 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Martin seconded the motion.  Due to lack of


a unanimous vote to waive the rules, Mayor Steinkamp stated the issue would go to second reading at the June 9, 2008 regular session.

 

G.         EXTENSION OF CONTRACT WITH JAMES L. HART FOR MEDICAL DIRECTOR SERVICES – ORDINANCE (SECOND READING)

 

Document No. 6850 was read.  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. 9311.

 

H.        UPPER RUSH CREEK SEWERAGE IMPROVEMENT PROJECT

 

Council members discussed the functions of the Board of Utilities, questioning whether that board reviewed this type of issue prior to it being brought to Council for consideration.  Mayor Steinkamp stated a final contract amendment is next on the agenda and a discussion about boards and committees was a process discussion.  Staff offered to bring that discussion to a future study session.

 

1.         FINAL CONTRACT AMENDMENT WITH KAT EXCAVATION, INC. IN THE AMOUNT OF $4,536.50 – ORDINANCE

 

Document No. 6858 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 Jenness seconded the motion.  In response to Council questions, staff noted that the remaining funds could be used for other active projects.  The SRF funds would not be available to projects other than those included in the initial application.  Bond covenants could be reviewed to see of funds could be allocated to other than the initially designated projects.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No. 9312.

 

2.         ACCEPTANCE OF PROJECT – RESOLUTION

 

Mayor Steinkamp noted that staff has requested the acceptance of the project be removed to be brought back on a future agenda.

 

I.          CONTRACT WITH BURNS & MCDONNELL FOR NORTH LIBERTY WATER SUPPLY STUDY IN AN AMOUNT NOT TO EXCEED $15,960 (CONT. FROM 1/28/08) – ORDINANCE

 

In response to Council questions, staff stated this study would look at what is required to provide Liberty water service to this area of the city and no longer use Kansas City, Missouri water due to low pressure.  Prior to development coming to this area, the time was not right for considering this change.  This study will provide an indication of the costs for making the necessary changes, and those can be built into the capital plan.

 

Document No. 6793 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 Phillips seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9313.

J.          GLENN HENDREN WATER MAIN RELOCATION PROJECT

 

1.         FINAL CONTRACT AMENDMENT WITH HAVENS CONSTRUCTION FOR THE IN THE AMOUNT OF $4,787.11 – ORDINANCE

 

Document No. 6859 was read.  Council Member Brenton moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.

 

Council Member Martin moved to approve the ordinance.  Council Member Jenness seconded the motion.  In response to Council questions, staff noted it is difficult to identify before construction everything that will need to be done.  Records do not always identify where all lines are located.  The motion carried unanimously; it was approved by the Chair and is inscribed in Ordinance No.9314.

 

Council Member Martin moved to continue agenda items J.2, L and M to the June 9, 2008 regular session.  Council Member King seconded the motion, which carried unanimously.

 

2.         ACCEPTANCE OF PROJECT – RESOLUTION

 

Mayor Steinkamp stated this item would be considered at the June 9, 2008 regular session.

 

K.        CONTRACT AMENDMENT WITH C. GRANTHAM CO. FOR THE WATER TREATMENT LIME SLUDGE REMOVAL PROJECT IN THE AMOUNT OF $70,000 – ORDINANCE

 

In response to Council questions, staff stated that storage of the sludge on City property had always been intended to be an interim step to it being removed by a vendor.  Once approval and permits are obtained from Missouri Department of Natural Resources and the Environmental Protection Agency, the lime sludge would be piped directly to the Missouri River.  At that point no sludge would be held or need to be hauled out by a contractor.  Staff is actively seeking required approvals by year end.

 

Council Member King offered materials to staff from citizen research regarding use of lime sludge in construction.

 

Document No. 6860 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton 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. 9315.

 

L.         AGREEMENT WITH KCATA TO PROVIDE ADA ACCESSIBLE TRANSPORTATION – ORDINANCE

 

Mayor Steinkamp stated this item would be considered at the June 9, 2008 regular session.

 

M.        AMENDMENT TO MARC CONTRACT FOR 2008 TRANSPORTATION FUNDING – ORDINANCE

 

Mayor Steinkamp stated this item would be considered at the June 9, 2008 regular session.

 

N.        AGREEMENT WITH CPMI DIGITAL, INC. FOR SOLICITATION AND PRODUCTION OF PARKS’ ADVERTISING SIGNS – ORDINANCE

 

Document No. 6861 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 Jenness seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9316.

 

X.         OTHER BUSINESS

 

A.        COUNCIL MEMBER APPOINTMENT TO THE CITIZEN SALES TAX OVERSIGHT COMMITTEE FOR A ONE YEAR TERM EXPIRING 5/15/2009 – MOTION

 

Council Member Parry moved to appoint Council Member Paul Jenness to the committee as the Council representative.  Council Member Foster seconded the motion.

 

Mayor Steinkamp noted the resolution establishing the committee called for the council member to serve ex-officio for a one-year term.

 

Council asked Council Member Jenness to clarify his position, since he had voted in opposition to the formation of the committee.  Council Member Jenness stated that he favored the committee but had not agreed with some of the elements included in the structure.  He stated he was interested in serving on the committee.  Mr. Jenness added he would work within the scope set out for the committee to address the four sales taxes.  The motion carried 7-0-1.  Council Member Jenness abstained from voting on his appointment to the committee.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

A.        AMENDMENT TO 2008 BUDGET INCORPORATING TELECOM SETTLEMENT FUNDS

 

Staff requested direction from Council regarding use of one-time telecom settlement funds and again provided recommendations for their use, including: a portion to be retained to enhance the unreserved fund balance of the General Fund; funding of additional curb and overlay work; and replacement of PCs.

 

In response to Council questions, staff noted that a rating system and past commitments determine the overlay projects.  The amount of funds available also dictates what projects can be done.  Traffic calming options being considered along Kansas and around the Square include bulbouts and chicanes, which would slow and possibly reduce truck traffic.  The City would partner with neighborhoods to add landscaping.  These proposals have not been tried in the past, but would have a positive impact in the neighborhoods adjacent to the Square.  The use of telecom settlement funds as recommended by staff could increase in fund balance from the estimated 10 percent at 2007 year end to 12 percent.

 

Council Member King restated his objection to allocating the funds until the plans for the 2010 sales tax and transportation sales tax are determined, suggesting the Tax Oversight Committee and citizens suggestions from the forums should be considered before a decision is made.  He suggested a study session with the Sales Tax Committee to discuss the use of these funds.

 

Council Member Brenton recommended a portion of the funds be used to provide a salary increase to department directors whose salaries were not increased in 2008.  He added that the purpose of the Sales Tax Committee is to enforce policy not to set it.  The committee will ensure that the Council does what it said it would do with sales tax dollars.

 

Council Member Phillips stated he would trust the Sales Tax Committee to do its work.  He noted that Historic Downtown Liberty, Inc. is working to improve the downtown area, with landscaping and other improvements.  Extending HDLI’s involvement to street improvements would unduly burden that organization.

 

Staff stated the use of the telecom settlement funds would be added as an agenda item to the June 2, 2008 Council study session.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Martin noted the water tower off Nashua is in need of washing again.

 

Council Member Brenton asked that boards and commissions be reviewed in a future study session.  He added that with a water study and rate structure being developed, the Board of Utilities could help by making policy recommendations to Council.

 

Council Member Foster reminded those present of the upcoming Mayor’s forum in Ward IV.

 

Council Member Jenness expressed appreciation to Council for his appointment to the Sales Tax Oversight Committee.  He also asked what the process is to notify the City of a Code violation for grass and weeds.  Staff requested the Code Enforcement Officer be contacted and, when possible, the caller leave a contact name and phone number for staff to follow up.  The process can take up to two weeks.  Staff agreed to check on intersections where there are overhanging branches.

 

Council Member Parry thanked staff for its efforts in addressing truck traffic.

 

Mayor Steinkamp asked staff to schedule a study session to discuss boards and commissions.  He also noted he would be attending a meeting called by Kansas City Mayor Funkhouser with regard to transit and had materials he would share with any interested council members.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 10:37 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk