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CITY COUNCIL MEETING

MINUTES

MONDAY, JULY 28, 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 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 Fred Foster, 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; 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; Jim Simpson, Deputy Police Chief; Dave Tedesco, Police Captain; Marcella McCoy, Finance Manager; Steve Anderson, Development Director; Jonna Wensel, Community Development Manager; Dan Fernandez, Planner; Gary Birch, Fire Chief; Dennis Dovel, Acting Parks & Recreation Director; Denny Persall, Parks & Open Space Manager; Tony Sage, Information Services Director; Shawnna Funderburk, Assistant to the City Administrator; Amy Brusven, Human Resources Director; Janet Pittman, Executive Assistant; Jane Sharon, Deputy City Clerk; Alvin Chang, The Kansas City Star; Angie Borgedalen, Liberty Tribune; and 50 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

V.        CITIZENS’ PARTICIPATION

 

Fay Bedinger, 232 West Franklin, asked that the Council let businesses do as they see fit and not regulate smoking.

 

Mike Chambers, 500 East 8th Street, Kansas City, Missouri, complimented the staff that assisted during a recent concert held at the Community Center.  He said the Liberty Performing Arts Theatre and the Community Center are beautiful facilities in Liberty.

 

Randy Dick, 1014 Wellington Way, asked that the Council consider amending its codes regulating temporary signs to allow churches to place the signs on the weekends so they are not violating City code.

 

Council Member Lyndell Brenton entered at this time.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

Council Member Paul Jenness asked that the minutes and meeting summaries from July 7 be removed and voted on separately.  Council Member Phillips requested the minutes from July 14 be removed and voted on separately.

 

 

A.                 APPOINTMENT OF JANET PITTMAN AS INTERIM DEPUTY CITY CLERK

 

Council Member King moved to approve the appointment as presented.  Council Member Duncan seconded the motion, which carried unanimously.

 

B.                 FINAL DEVELOPMENT PLAN FOR 28,768 SQ. FT. THREE-STORY OFFICE BUILDING AT STEWART ROAD AND WILSHIRE BOULEVARD – RESOLUTION

 

Council Member King moved to approve the resolution as presented.  Council Member Duncan seconded the motion, which carried unanimously.

 

C.                 FINAL DEVELOPMENT PLAN FOR NEW 12,900 SQ. FT. CVS PHARMACY AT KANSAS STREET AND BLUE JAY DRIVE – RESOLUTION

 

Council Member King moved to approve the resolution as presented.  Council Member Duncan seconded the motion, which carried unanimously.

 

D.                 STUDY SESSION MEETING SUMMARY OF JULY 7, 2008

 

Council Member Martin moved to approve the meeting summary as distributed.  Council Member Duncan seconded the motion, which carried 7-0-1.  Council Member Jenness abstained, due to absence.

 

E.                  SPECIAL SESSION MINUTES OF JULY 7, 2008

 

Council Member Martin moved to approve the minutes as distributed.  Council Member Duncan seconded the motion, which carried 7-0-1.  Council Member Jenness abstained, due to absence.

 

F.                  REGULAR SESSION MINUTES OF JULY 14, 2008

 

Council Member Phillips requested that the minutes reflect he left the meeting when the certificate of appropriateness was discussed, due to a conflict of interest.

 

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

 

VIII.     PUBLIC HEARINGS

 

A.        AMENDMENT TO THE UNIFIED DEVELOPMENT ORDINANCE (CHAPTER 30, LIBERTY CODE OF ORDINANCES - UDO) AMENDING THE HISTORIC PRESERVATION DISTRICT DEMOLITIONS STANDARDS – ORDINANCE

 

Staff reviewed the amendment to the UDO, noting a State grant had allowed the staff to revise the design guidelines.  Having been through that process, staff proposed this amendment to consolidate the demolition standards into one section of the UDO and to add other components to the review guidelines in conformance with other planning application review standards.  The word “viable” replaces the word “feasible” as a standard to be met in order to grant the demolition of a structure with a historic preservation overlay.  These amendments will affect only future applications and, if adopted at this meeting, would not apply to the application to be considered later on this agenda.  The Historic District Review Commission recommended the changes by a unanimous vote and the State Historic Preservation Office has reviewed the changes and stated they are in compliance with State guidelines.

 

In response to Council questions, staff noted that the 180 day postponement is not a requirement component of the review, but additional time, up to 180 days may be allowed if further research is necessary.  The Council has the final say in these applications and may postpone these items as it deems necessary to have a full review.

 

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

 

Document No. 6888 was read.  Council Member Duncan moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion.  Without a unanimous vote to waive the rules, Mayor Steinkamp stated this ordinance would go to second reading at the August 11, 2008 regular session.

 

B.         SPECIAL USE PERMIT TO ALLOW GROUP EVENTS AT THE CELEBRATION MANOR HOUSE B&B, 402 WEST FRANKLIN STREET – RESOLUTION

 

Staff reviewed the application to allow group events at the bed and breakfast.  While staff had recommended the group size be limited to 12, the Planning & Zoning Commission recommended that a maximum of 40 guests be permitted at the events.  The six findings related to review of special use permits were satisfied.  The Planning & Zoning Commission recommended approval by a vote of 5-0, with the following stipulations:  1) Parking for guests be limited to on-site and satellite parking; and 2) Events must be held indoors, photos may be taken outdoors.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.  Brian Gaysek, 402 West Franklin, the applicant requested that the Council consider approval of the permit, allowing up to 40 guests for an event, noting the neighbors are supportive and have offered parking on their property, if needed.

 

Vicki Shelton, 343 W. Franklin, asked for clarification of the requirement that no events be held outdoors.  Staff stated that was the recommendation but that photos could be taken outside.

 

Al Richard, 331 W. Franklin, and Doris Swank, 416 W. Franklin, both spoke in favor of the application.

 

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

 

Council Member King moved to approve the resolution with the stipulations.  Council Member Parry seconded the motion.  After Council questions and staff responses related to parking and the prohibition against outdoor events, Council Member King moved to amend the resolution by changing the second stipulation so that outdoor events, other than wedding ceremonies, would not be allowed.  Council Member Jenness seconded the motion, which carried unanimously.

 

The motion to approve the resolution as amended carried unanimously and is inscribed in Resolution No. 2370.

 

C.         SPECIAL USE PERMIT TO ALLOW LARGE GROUP EVENTS AT THE WYNBRICK CENTER, 1701 WYNBRICK DRIVE – RESOLUTION

 

Staff reviewed the application by The Wynbrick Center.  Allowing large group events would permit up to 150 guests.  The six findings related to review of special use permits were satisfied.  The Planning & Zoning Commission recommended approval by a vote of 5-0, with the following stipulation:  All outdoor programmed events shall cease by 9:00 p.m.

 

In response to Council questions, staff noted that large group events were not in the previous plan in place for the applicant.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.  The applicant Alice Brink, 1701 Wynbrick Drive, stated the previously approved plan was for a wellness center but that had changed over time and the proposed plan reflects how the center is being operated today.  She reviewed plans for events and parking.  In response to Council questions, Ms. Brink reviewed agreements in place with Sears Grand and a nearby church for overflow parking.

 

Larry Blackwell, 701 Bristol Court, Katrina Brink, 1701 Wynbrick Drive and Bill Petty, 713 Kingston Drive, spoke in favor of the application.

 

John Vivian, 1601 Wynbrick Drive and George Adams, 1607 Wynbrick Drive spoke in opposition to the application.

 

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

 

Council Member Jenness moved to approve the resolution with the stipulation as to time outdoor events must cease.  Council Member Phillips seconded the motion.  In response to Council questions, staff noted that one or two complaints had been received regarding parking issues when events were occurring, but more complaints had been received during the previous use of the site as a dining club.  On-street parking would be permitted as the permit is phrased, there are 20-25 spaces in the lot and the applicant parks on the street during events.  Plans for satellite parking are included in the proposal.  Staff recommended leaving the matter up to the applicant and addressing issues as they might arise or necessitate a review of the special use permit.

 

In response to Council questions, the applicant stated that a companion contract related to parking is signed for each event and shuttle assistance is offered by the applicant.

 

Council Member Brenton moved to add a stipulation that guest parking for large group events would be limited to on-site and satellite parking.  Council Member Martin seconded the motion.  Council discussed parking, as noted in the business plan for events, which would currently allow on-street parking.  Staff noted that on-street parking is permitted in this neighborhood and planning, rather than police would address complaints about parking during events.  The motion failed 1-7-0.  Council Members Phillips, Martin, Foster, Jenness, Duncan, Parry and King voted in opposition.

 

The main motion to adopt the resolution with the stipulation as to time outdoor events must cease carried unanimously and is inscribed in Resolution No. 2371.

 

D.        SPECIAL USE PERMIT TO ALLOW GROUP EVENTS AND SALON SERVICES AT THE STEEPLE INN & SPA, 342 N. WATER – RESOLUTION

 

Staff reviewed the application for group events and salon services at the Steeple Inn & Spa.  The events would be held indoors and end by 9 p.m.  There is adequate parking, including spaces available at the nearby resource center.  The six findings were satisfied and the Planning & Zoning Commission recommended approval by a vote of 5-0.

 

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

 

In response, Applicant Richard Held, 242 W. Franklin, answered Council questions, noting food is brought to the site by the professional chef and, for those dinners, there are no deliveries.

 

Valerie Frome, 112 W. Franklin, asked about the maximum number of guests permitted.  Mr. Held stated their plan called for a maximum of 30 for the culinary dinners but 50 would be permitted for special events.

 

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 Phillips seconded the motion, which carried unanimously and is inscribed in Resolution No. 2372.

 

E.         SPECIAL USE PERMIT FOR PLACEMENT OF UTILITY BOXES AT VARIOUS LOCATIONS IN LIBERTY – RESOLUTION

 

Staff reviewed the application for a special use permit to allow placement of five utility boxes.  The applicant worked with staff to move the planned placement of two utility boxes and these relocations are included in the resolution stipulations.    The six findings have been satisfied.  The Planning & Zoning Commission recommended approval of the special use permit with the following stipulations:  1) The proposed utility box for 317 Prairie Street must be placed north of the existing facility at this location and within a newly created AT&T easement; and 2) The proposed utility box at 706 Nashua Road must be placed adjacent to the existing utility box addressed 1201 Ridgeway Drive and within a newly created AT&T easement.

 

In response to Council questions, staff noted that all the utility boxes are in single family home areas.  The existing box at the Prairie Street location is not a sight-distance problem.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.  Mike Chambers, AT&T, 500 E. 8th Street, Kansas City, Missouri, stated the applicant agreed to make the changes to the one location at the request of the property owner.  In response to Council questions, he stated that placement of the box at the location with the stone wall would not alter the wall and placement would be behind the wall.

 

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

 

Council Member King moved to approve the resolution with the two stipulations.  Council Member Jenness seconded the motion.  Council Member Jenness thanked the applicant for working with staff to relocate the utility box from Ridgeway to Nashua.  Council Member Brenton noted seeing the boxes that have been placed by special use permit and expressed concern about the size of the boxes.

 

The motion carried unanimously and is inscribed in Resolution No. 2373.

 

F.         SPECIAL USE PERMIT TO ALLOW AN INDOOR TARGET RANGE FOR TRAINING AT ROGERS’ PLAZA, 1780 A HIGHWAY – RESOLUTION

 

Staff reviewed the application for an indoor target range at Rogers Plaza.  Staff stated the range would be used for training and providing new firearms’ owner orientation.  This is not a public range.  Normal business hours would be observed.  The six findings have been satisfied and the Planning & Zoning Commission recommended approval by a vote of 5-0.

 

In response to Council questions, staff stated there would be additional stores in the building and small caliber ammunition would be used to minimize any sound in or outside of the building.  There are no issues related to the proximity of the school to the proposed range.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.  Richard Eaton, 18114 Crestview Drive, Holt, Missouri and Kathleen Peisert, 16413 NE 133th Street, with Great Guns, spoke in favor of the application.  They answered Council questions about the business operation and training to be provided.

 

Fay Bedinger, 232 West Franklin, and Shannon Peisert, 16413 NE 133rd Street, spoke in favor of the application.

 

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

 

Council Member Brenton moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2374.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JULY 3, 2008 THROUGH JULY 18, 2008

 

1.                   EXCLUDING KCP&L AND AQUILA PAYMENTS – ORDINANCE

 

In response to Council questions, staff stated that clarification would be provided on the Grass Roots payment for mowing; HDLI payment was part of the fee for services contract approved by Council; and the payment to Liquid Engineering is for internal inspection of the water towers.  Exterior work is planned with the timing dependent on the budget.  Staff will check on the payment to Systems Controls for signal repair out of the sewer fund.

 

Document No. 6889 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. 9342.

 

2.                   KCP&L AND AQUILA PAYMENTS – ORDINANCE

 

Document No. 6890 was read.  Council Member Martin moved to approve the vendor payments.  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; 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. 9342.

 

 

Mayor Steinkamp called for a short break in the meeting, following which he reconvened the meeting.

 

Council Member Phillips stated he would recuse himself from the next item on the agenda due to a conflict of interest and left the meeting at this time.

 

B.         CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF LIBERTY FEMALE COLLEGE, 438 EAST FRANKLIN [HDRC CASE NO. 08-005J] – RESOLUTION (Continued from the July 14, 2008 regular session)

 

Staff stated this is a new application with additional evidence in support of the request for demolition. He noted that on June 23, 2008 the Historic District Review Commission voted 6-0-1 in favor of the application. 

 

Sara Mundy, 417 E. Franklin, presented information that included a structural engineer’s report, and stated that their application meets the guidelines outlined for demolition as there is substantial evidence that the structure would not be physically or economically feasible to rehabilitate.  Ms. Mundy also stated that a petition was circulated, and the entire Jewell Historic District was in support of demolition.

 

Mike Mundy, 417 E. Franklin, distributed a letter from the owners’ realtor stating that no one is likely to purchase the building.

 

Mayor Steinkamp offered an opportunity for public comment.   Doug Wilson, 449 East Mississippi; Craig Davis, 431 East Mississippi; Sara Fravel, 456 East Mississippi; Fran Header, 439 E. Franklin; Brad Charles, 430 East Franklin; Craig Swanson, 403 East Franklin; Tina Smith, 427 East Mississippi; and Joyce Plumm, 450 East Franklin, stated the building is an eyesore with no historical elements remaining and they are in support of the application.

 

Fay Bedinger, 232 West Franklin, spoke in opposition of the application.

 

Valerie Frome, 112 East Franklin, asked if the application was previously denied because the building was considered historic.  Staff stated the application was denied as HDRC and Council stated it did not meet the thresholds for demolition.

 

Council Member Fred Foster stated for the record that he does not have a conflict of interest in this matter. 

 

Council Member Duncan stated the process to demolish a historic building is not an easy one, and it shouldn’t be.  However, he noted the lack of tax credits, the concerns of neighbors who support historic preservation, and the decision of HDRC should be listened to and he would vote in favor of the application.

 

Council Member Martin stated that the original construction of the structure was deficient.  She stated Council should support the decision of HDRC and these neighbors.

 

Council Member Jenness stated that though his constituents supported demolition, as an elected official he has an obligation to not put the City at legal risk and he would vote in opposition.

 

Council Member Parry stated he owns one of the oldest homes in Liberty.  He stated when he stepped in to save the home from demolition it was in a similar state of deterioration, and yes it is expensive, but it can be done.  He also stated he has concerns with how the case was handled four years ago and favoring one group over another.

 

Council Member Brenton stated he was on the Council four years ago and that at that time sufficient evidence to demolish the structure was not presented.  He added that the current applicants have provided such information, and includes the support of the neighbors.

 

Council Member Duncan stated voting in favor should not be perceived as wanting to put the City at risk, and that the past should inform and not dictate future action.

 

Council Member King stated Council denied demolition six weeks ago.

 

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

 

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

 

Council Member Phillips returned to the meeting at this time.

 

C.                 BALLOT LANGUAGE RELATED TO REVISION OF CAPITAL SALES TAX, TRANSPORTATION SALES TAX AND ISSUANCE OF GENERAL OBLIGATION BONDS (Second reading of each ordinance will occur on August 11, 2008)

 

1.         BALLOT CERTIFICATION FOR CAPITAL SALES TAX REVISION - ORDINANCE

 

2.         BALLOT CERTIFICATION FOR TRANSPORTATION SALES TAX REVISION – ORDINANCE

 

3.         BALLOT CERTIFICATION FOR GENERAL OBLIGATION BONDS – ORDINANCE

 

            Staff outlined the three proposed ordinances.  In response to a question from Council, staff indicated that the deadline is August 26, 2008 to certify the ordinances so they can be included on the November ballot. 

 

            Council Member King asked that language addressing completion of South Liberty Parkway phase two be clearly defined in the ballot ordinance. 

 

            Ralph Litton, 406 Arthur, spoke in support of all three proposed ballot ordinances.

 

            Mayor Steinkamp stated the ordinances would go to second reading at the August 11, 2008 regular session.

 

D.        AMENDMENT TO TRAFFIC REGULATIONS PERTAINING TO 15 MINUTE PARKING ON KANSAS AND MISSOURI STREETS – ORDINANCE

 

            In response to Council questions, staff clarified that the location is the parking spots located in front of City Hall.

 

Document No. 6894 was read.  Council Member King moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which carried unanimously.

 

            Council Member Martin stated that 15 minutes may not be sufficient time for individuals to complete their transactions at City Hall.

 

            Council Member Martin made a motion to amend the Ordinance to allow 30 minute parking.  Council Member Brenton seconded the motion. Council Member Jenness moved to approve the ordinance as amended.  Council Member Brenton seconded the motion, which carried 7-1-0. Council Member Foster voted in opposition.  It was approved by the Chair and is inscribed in Ordinance No. 9343.

 

E.         AMENDMENT TO CONTRACT WITH KANSAS CITY AREA TRANSPORTATION AUTHORITY (KCATA) PERTAINING TO LIBERTY EXPRESS BUS SERVICE – ORDINANCE

 

            Mayor Steinkamp stated that he had met with area Mayors and the Clay County Commissioners to discuss transit issues, including increased ridership on the Liberty Express Bus.  Staff noted that Council approval to amend the contract to allow for the second, larger bus was needed by July 30 in order to have the bus in place for the fourth quarter.

 

Document No. 6895 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 King seconded the motion.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9344.

 

X.         OTHER BUSINESS

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Jenness provided an update from the Citizen Sales Tax Oversight Committee.  The committee continues to discuss methodology to determine voter intent.  He also stated that the July 22 meeting regarding Kansas Street traffic calming was well attended and this is an exciting step.

 

Council Members Duncan and King stated that they had participated in the Arts Commission strategic planning session and thanked Community Development Manager Jonna Wensel for coordinating the meeting.

 

Council Member King asked if parking signs could be placed at the Bennett Park tennis courts.  This would assist in spaces being available for patrons as parking during Sunday church services is limited.

 

Mayor Steinkamp thanked departing Deputy City Clerk Jane Sharon for her years of dedicated service to the City of Liberty.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 10:33 p.m.

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

_____________________________________

Deputy City Clerk