CITY COUNCIL MEETING
MINUTES
MONDAY, JULY 14, 2008
COUNCIL CHAMBERS – 7:00 p.m.
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 July 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
The invocation was given by Reverend Tony Johnson with Liberty’s First Baptist Church. Paul Jenness
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; 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; Craig Knouse, Police
Chief; Marcella McCoy, Finance Manager; Diana Adams, Special Projects Manager;
Steve Anderson, Development Director; Jonna Wensel, Community Development
Manager; Jackie Norton, Development Department Administrative Assistant; Gary
Birch, Fire Chief; Chris Deal, Parks & Recreation Director; Dennis Dovel,
Sports Complex Manager; Tony Sage, Information Services Director; Shawnna
Funderburk, Assistant to the City Administrator; Jane Sharon, Deputy City
Clerk; Glen Hanson, The Kansas City Star; and 42 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp recognized Boy Scout D. J. Fravel with Troop 320, who attended the
meeting in partial fulfillment of requirements for a Communications merit
badge. Mr. Fravel has a Life ranking.
A.
PRESENTATION OF
CHECK BY DEPARTMENT OF CONSERVATION FOR CITY’S PARTICIPATION IN TREE RESOURCE
IMPROVEMENT & MAINTENANCE (TRIM) GRANT PROGRAM
Helene Miller with the Missouri Department of
Conservation presented a check to Mayor Steinkamp which assisted the City with
the removal of 28 dangerous trees. The
funding was made possible by a Tree Resource Improvement & Maintenance
(TRIM) grant previously awarded to the City.
Ms. Miller encouraged the City to continue its tree program by planting
trees to replace these that had been removed.
Council
Member Lyndell Brenton entered the meeting at this time.
Suzie Smith, 328 West Kansas, stated she was representing a citizen group that had
met and reviewed concerns related to living on Kansas Street. She expressed
appreciation for Council and staff assistance in discussing the problems and
providing a solution.
Jeanne Johnson, 253 West Kansas, president of the Dougherty Historic District group,
thanked the Council for the overlay project that includes Kansas and Franklin. She added
that City officials met with the group, discussing the proposed chicane design
and only one resident was opposed to the idea.
An entrance marker to the neighborhood is planned and stormwater and
spring water problems are being addressed.
She thanked the City for its responsiveness.
Dave Ternes, 528 Lawrence, complained about the current
fireworks ordinance. Staff had provided
him some history on its origin and asked that the Council reexamine the
regulations to limit the days when fireworks are legal and reduce the time from
noon to nine or ten at night.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM JUNE 13, 2008 THROUGH JULY 3, 2008
1.
EXCLUDING
KCP&L AND AQUILA PAYMENTS – ORDINANCE
In response to Council questions, staff provided the
following information: the City obtained
educational materials it is required to disseminate through the Mid-America
Regional Council.
Document
No. 6883 was read. Council Member King
moved to approve the vendor payments.
Council Member Brenton 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. 9337.
2.
KCP&L AND AQUILA
PAYMENTS – ORDINANCE
Document No. 6884 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 – 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. 9337.
Council Member Phillips stated a conflict of interest
with regard to the next matter on the agenda and left the meeting.
B. CERTIFICATE
OF APPROPRIATENESS FOR DEMOLITION OF LIBERTY FEMALE COLLEGE, 438 EAST FRANKLIN [HDRC CASE NO. 08-005J] – RESOLUTION
Council Member Jenness moved to continue consideration
of the certificate of appropriateness to the July 28 regular session, to allow
time to consult with the City’s legal counsel regarding previous Council action
as it relates to this application. The
motion carried unanimously. Mayor
Steinkamp requested staff schedule an executive session in advance of the July
28 regular session to discuss the matter with legal counsel. He asked those present wishing to speak to
this issue to return to the Council meeting on July 28 and he would allow an
opportunity for public comment on the matter at that time.
Council Member Phillips returned to the meeting.
C.
AMENDMENT TO CITY
CODE PERTAINING TO ALCOHOL AT OUTDOOR EVENTS – ORDINANCE (SECOND READING)
Mayor Steinkamp noted that this ordinance is on second
reading and, while a public hearing is not required, he would allow time for
public comment.
Coni Hadden, president of Historic Downtown Liberty,
Inc. (HDLI), 449 East Kansas, reviewed the mission of HDLI and noted that other
similar groups have found public events are better attended when alcohol is
included. This change to allow alcohol
at outdoor events would benefit the downtown and the city. She asked the Council for favorable
consideration.
Matt Kessler, 1044 Silverleaf, spoke in opposition to
the amendments. He stated that alcohol
should not be part of the Fall Festival or the Liberty 4thFest because these are family
events. Mr. Kessler agreed that
fundraising can be successful under these circumstances, but brings with it
other problems. He asked the Council to
seriously consider the matter.
Norm Haney, 1600 Ridgeview Road, stated he has six children and is a family
counselor. He counsels children about
alcohol and is opposed to the proposed amendments, because it sends an
inconsistent message to children. He
referred to the possibility this would be an economic benefit but said more
would be paid on the other side with problems children would have. He asked the Council not to pass the
amendments.
Richard Miller, 501 S. LaFrenz, owner of Coming Home on the square, stated he is in favor of the amendments. He noted enjoying being a member of the
community. Wine tastings at his store
have brought in new customers and having a venue outside would enhance that
part of the business. He did not expect
to have this available during family events but at other times and his
customers had asked about the possibility of being able to sit outside. Mr. Miller expected alcohol to be available
in a controlled environment.
Document No. 6871 was read. Council Member Jenness moved to approve the
ordinance. Council Member Martin
seconded the motion.
Council Member Foster stated this is an important step
and because most of the citizens he heard from were opposed, he would vote
against the ordinance.
In answer to Council questions, staff noted that each
application for a temporary event liquor license would be considered on a case
by case basis and would include a detailed plan along with how it would be
policed. Staff would then make a
recommendation to Council. The events
would be controlled and in clearly defined space, limiting access. With outdoor patios, the license holder would
provide information about how alcohol would be dispensed and checking to ensure
minors are not being served would be the same as inside the restaurant or bar.
Council Member Phillips stated citizens contacting him
were overwhelmingly in favor if controlled and he would vote in favor of the
ordinance.
Council Member Duncan noted this is not a plan to let
alcohol flow freely but would be similar to family restaurants where alcohol is
served, in a controlled manner. This is
something that has been successful in other cities and the Council would have
oversight in each case. He stated he
would vote in favor.
Council Member Brenton stated he was opposed to having
alcohol in parks and City public spaces.
With the section changing the prohibition in parks a part of this
amendment, he would vote against the ordinance.
In response to Council questions, staff clarified that
section changing the prohibition against alcoholic beverages in parks except by
Council resolution would allow future discussions of a policy for alcohol at
the sports complex which would have to be established by additional Council
action. If this section of the proposed
ordinance were to be removed, the prohibition in city parks would remain in
effect. It would still allow the changes
to the temporary event license to allow alcohol at outdoor events in public
streets or non-City park locations.
Council Member King stated he was opposed to the
ordinance because he did not want even an option of alcohol to be permitted in
City parks. With the public comments
made about the impact of alcohol on youth, it would be better to leave the
options for alcohol to controlled environments that already exist.
Council Member Martin stated that the Council is not
interested in supplying children with alcohol but would vote in favor of the
ordinance because this would allow alcohol in adult venues and she and parents
would be responsible for their children with regard to being in settings where
alcohol is available.
A Council discussion with additional staff
clarification of the elements of the ordinance then took place.
Council Member Phillips moved to amend the ordinance
to strike Section II, which changes the prohibition of alcoholic beverages on
any park property to be permitted only if Council were to adopt a policy by
resolution. Council Member Jenness
seconded the motion. In response to
Council questions, the mayor clarified that the sports complex is included in
the definition of parks. Staff noted
that the Park Board recommended the sale of alcohol at adult events at the
sports complex and this is done at nine of the eleven area sports venues. If this ordinance were to be approved with
the change to the section on parks, the Park Board would review and recommend a
policy to Council. If the proposed
amendment passes, the issue of alcohol at the sports complex could be
considered in the future.
The motion to amend the ordinance carried 5-3-0. Council
Member Martin, Council Member Foster and Council Member Parry voted in
opposition.
Council Member King stated he agreed with the need to
support small businesses but this ordinance would move alcohol out into the
public and that is why he remains opposed.
The motion on the ordinance as amended carried 5-2-0. Council
Member Foster and Council Member King voted in opposition. It was approved by the Chair and is inscribed
in Ordinance No. 9338.
D.
STREET RENAMING
OF A HIGHWAY TO NORTH CHURCH ROAD FROM M-291,
NORTH TO THE CITY LIMITS – ORDINANCE
Document No. 6885 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. 9339.
E.
CONTRACT WITH HOLTHOUSE
CONSTRUCTION FOR SANITARY AND STORM SEWER REPAIRS ON KANSAS STREET IN AN AMOUNT NOT TO EXCEED $142,895 – ORDINANCE
Staff noted this project goes along with the overlay
and allows sanitary sewer work on Kansas between Fairview and the square, replacing 600 feet of line and
replacing a stormwater line in need of repair due to sump pumps in the
area. This work needs to be done before
the overlay project commences.
Document No. 6886 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 King seconded
the motion. In response to Council
questions, staff stated that this contract deals only with the sewer and
stormwater drainage. The overlay
contract, previously approved by Council, includes curb work and traffic
calming measures. The motion carried
unanimously. It was approved by the
Chair and is inscribed in Ordinance No. 9340.
F.
H HIGHWAY WATERLINE
EXTENSION PROJECT
1. FINAL
CONTRACT AMENDMENT WITH HAVENS CONSTRUCTION IN THE AMOUNT OF $32,868.65 –
ORDINANCE
Document No. 6887 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 Brenton
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9341.
2. ACCEPTANCE
OF PROJECT – RESOLUTION
Council Member Martin moved to approve the
resolution. Council Member Jenness
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2366.
G.
ACCEPTANCE OF
PRAIRIE AND FRANKLIN STREET WATER MAIN EXTENSION PROJECT – RESOLUTION
Council Member King moved to approve the
resolution. Council Member Martin
seconded the motion. In response to
Council questions, staff noted the lot split prompting this work has already been
done. The motion carried unanimously and
is inscribed in Resolution No. 2367.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips thanked business owners and residents for providing comments on
agenda topics. He also requested that
water again be provided in glasses and not plastic bottles, because it is
better for the environment.
Council
Member Brenton thanked staff for the extensive information provided that was
related to the telecom settlement funds discussion.
Council
Member Jenness provided an update on the Sales Tax Oversight Committee, noting
the committee would look at all election documents to determine voter intent; a
guideline for committee review was being developed by one of the committee
members; and would review the Roadway Development Tax and new capital
plans. Mr. Jenness also asked Council to
look at the proposed location of a utility box at Wildbriar north of Nashua, as it would be considered among others at the July
28 Council meeting and he believes the placement is totally inappropriate. Council Member Martin clarified the location
is at Woodbury and Ridge.
Council
Member King thanked the police department staff for its crime-free neighborhood
seminar for citizens, noting those in attendance had been very complimentary
and hoped to see more in the future. Mr.
King asked for clarification of the chicane approach being planned for traffic
calming on Kansas
Street. Staff stated that some modifications have
been made to the plan away from chicanes.
A different traffic calming tool called neck downs, will be used instead,
which will allow snow plows to get through more easily. Affected property and business owners will be
provided information about the modifications.
Kansas
Street is
being overlaid, not rebuilt; this will include curbing and wheelchair
ramps. The work will include Kansas, east from Fairview through the square, north to Franklin and back west to Prairie. The pavers on the square will be repaired and
are sufficient for the load now but some pavement cuts may be required.
Mayor
Steinkamp asked the Council if a study session should be scheduled to discuss
fireworks. The consensus was that a
study session would be appropriate.
Mayor Steinkamp noted the reception for outgoing Parks & Recreation
Director Chris Deal on July 23. He also
noted public meetings on transit issues scheduled for July 22 and July 24. He also provided a legislative update that
the US Senate had voted to move $14.2 billion into transportation funds to
address an anticipated shortfall.
XIII. ADJOURNMENT
The meeting adjourned at 8:43 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk