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CITY COUNCIL MEETING

MINUTES

MONDAY, NOVEMBER 10, 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 November 10, 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 Paul Jenness, 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, Assistant City Administrator; Steve Hansen, Public Works Director; Jim Simpson, Deputy Police Chief; Dennis Dovel, Acting Parks & Recreation Director; Linda Tyree, Finance Director; Gary Birch, Fire Chief; Steve Anderson, Development Director; Jonna Wensel, Community Development Manager; Tony Sage, Information Services Director; Jeremy Adams, Building Inspections Manager; Shawnna Funderburk, Assistant to the City Administrator; Janet Pittman, Interim Deputy City Clerk; Gene Hansen, The Kansas City Star; and 11 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

V.        CITIZENS’ PARTICIPATION

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 STUDY SESSION SUMMARY OF OCTOBER 20, 2008

 

Council Member Martin moved to approve the meeting summary as distributed.  Council Member Phillips seconded the motion, which carried unanimously.

 

B.                 REGULAR SESSION MINUTES OF OCTOBER 27, 2008

 

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

 

C.                 STUDY SESSION SUMMARY OF OCTOBER 27, 2008

 

Council Member Martin moved to approve the meeting summary as distributed.  Council Member Phillips seconded the motion, which carried unanimously.

 

D.                 TEMPORARY EVENT LIQUOR LICENSE FOR CORBIN THEATRE COMPANY – RESOLUTION

 

Council Member Martin moved to approve the resolution.  Council Member Phillips seconded the motion, which carried unanimously and is inscribed in Resolution No. 2387.

 

E.                  FILING PERIOD FOR CANDIDATES FOR MUNICIPAL OFFICES – RESOLUTION

 

Council Member Martin moved to approve the resolution.  Council Member Phillips seconded the motion, which carried unanimously and is inscribed in Resolution No. 2388.

 

F.                  APPOINTMENTS

 

Citizen Sales Tax Oversight Committee

Appoint Larry Wepler to a term expiring 5-15-2009

 

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

 

VIII.     PUBLIC HEARINGS

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM OCTOBER 17 THROUGH OCTOBER 31, 2008 – ORDINANCE

 

Document No. 6934 was read.  Council Member King 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 – 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. 9380.

 

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 THE DEMOLITION OF 438 E. FRANKLIN STREET – RESOLUTION

 

Staff presented the application on behalf of the City of Liberty, requesting a certificate of appropriateness for the demolition of the structure located at 438 E. Franklin Street.  In response to a neighborhood petition claiming that the subject property was in violation of the City’s Dangerous Building Code, staff conducted a visual inspection of the property and determined that the condition was such that a professional structural engineer should be commissioned to inspect the property.  The City hired Norton & Schmidt to conduct an inspection of the building and deliver a report to the City outlining their findings.  The findings of the report indicate that the structure should be considered dangerous pursuant to Article VII of Chapter 6 of the Liberty City Code – Dangerous Building Code.  The property owner agreed with the findings of the report and noted they have no intention of further pursuing either the rehabilitation or the demolition of the structure, essentially deferring to the City on this matter.  Finding rehabilitation to be impractical due to structural and financial deficiencies, the owners had previously requested a Certificate of Appropriateness for demolition in May 2008. The City Council voted at that time against the request for demolition.  This application is different from previous applications as it coming forward under the Dangerous Building Code section with the City of Liberty being the applicant.

 

In response to Council’s questions, staff stated that it was designated as a landmark by the City of Liberty for its heritage as a female college.  The building has had extensive physical alterations and no longer has any architectural significance.

 

Warren Schwabauer, Norton & Schmidt, 311 East 11th Avenue, North Kansas City, conducted this inspection as well as one in March 2001 for a previous owner.  He stated the previous inspection was pertaining to a load bearing wall that had been previously removed.  He noted the building has numerous structural deficiencies that became visible once recent remodeling efforts began.

 

Mayor Steinkamp stated that no public hearing was required, but offered an opportunity for public comment.

 

Brad Charles, 430 E. Franklin, stated he is a neighbor as well as in the business of restoring antiques.  He noted that he knows when something is restorable or not.  This is a hazardous building beyond repair, and it should be demolished.

 

Gordon Hadden, 449 E. Kansas, stated he had bought a home destroyed by fire and restored it.  This is the third time this request has been brought forward, and it is because Council put the neighborhood in a position that they had to petition the Council to do what was right.  The building is not restorable.  He requested that Council follow the City Code and demolish the building as it has become a public nuisance.

 

Doug Wilson, 449 E. Mississippi, stated his property shares an alley with this property.  He asked that the Council follow its own Code which says that if a building is deemed hazardous it should be taken down.  This building met 10 out of 10 of the criteria and the ordinance clearly states the two options are either demolition or repair.  If Council votes no on this application and then doesn’t repair the building they are then responsible for this public nuisance.  It is Council’s duty to ensure the well being of the community, and this application should be approved.

 

Fran Heebner, stated she lives across the street from the building.  She would like to live across from a safe house, and this building has been deemed not safe.  She asked Council to put aside petty differences and do what’s right by taking the building down.

 

Elaine Reynolds, 409 E. Franklin, stated she is a professor of history and an area resident.  She appreciates what the City has done to encourage historic preservation, but she said it is a fact of history that not everything can be preserved.  There is nothing remaining of this building that is worth preserving.

 

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

 

Council Member Jenness moved to amend the resolution by adding that the bill for the Norton and Schmidt engineering inspection report be passed on to the current building owners.  The motion failed due to the lack of a second.

 

Council Member King stated that the property owner has not had a chance to seek out all available appeal processes for their prior application.  Council Member King moved to table the resolution in order to allow the property owner to go through the appeal process. Council Member Parry seconded the motion.

 

Council Member Brenton stated that this is bureaucracy at its craziness, using technicalities and high jinks, for something that has been obvious for some time.  He asked how much more effort from the residents, staff and consultants should be put into this, noting that the Historic District Review Commission voted 6-0 in favor of demolition.

 

In response to Council’s questions, the City’s legal counsel George Kapke stated the property owners would have had 30 days from the date of Council’s previous action to appeal the decision to the circuit court.  Because more than 30 days has passed, the request would be banned.

 

Council Member Duncan stated that tabling this item would be absurd.  Any more time or money on this subject would be an affront to the HDRC, experts and staff.

 

Council Member King stated he was under the impression there was a longer time to appeal and withdrew his motion.

 

In response to Council’s questions, Mr. Kapke stated that the City has the option to demolish or to rehabilitate the building.  The costs associated with rehabilitating the building could be assessed to the property, but the City cannot force the owners to make the necessary repairs. 

 

Council Member Duncan stated that this application is on behalf of the City of Liberty under the Dangerous Building Code and it meets 10 out of 10 criteria identified.

 

The vote on the main motion carried 4-3-0.  Council Members King, Parry and Foster voted in opposition.  It is inscribed in Resolution No. 2389.

 

Council Member Phillips returned to the meeting.

 

C.         TERMINATION AND RELEASE AGREEMENT WITH THE TIF COMMISSION OF KANSAS CITY AND THE LIBERTY PUBLIC SCHOOL DISTRICT – ORDINANCE (Second Reading)

 

Council Member Martin moved to approve the ordinance.  Council Member Brenton seconded the motion, which carried 6-2-0.  Council Members Parry and King voted in opposition. It was approved by the Chair and is inscribed in Ordinance No. 9381.

 

D.        AGREEMENT WITH MID-AMERICA REGIONAL COUNCIL SOLID WASTE MANAGEMENT DISTRICT FOR REGIONAL HOUSEHOLD HAZARDOUS WASTE PROGRAM PARTICIPATION – ORDINANCE

 

In response to Council’s questions, staff stated that approximately 320 vehicles participated in the recent mobile event.  Most of the metro-area cities participate in the program which allows residents to use permanent collection facilities throughout the metro, in addition to participating in the mobile collection events, without additional charge.  Council Members noted concerns regarding appropriating 2009 funds prior to seeing the proposed budget.  Staff stated that this amount had been included in the 2009 budget; however, approval at this meeting is not essential.

 

Document No. 6935 was read.  Council Member Martin moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which failed to carry unanimously.  The ordinance will go to second reading on November 24, 2008.

 

E.                  RESOLUTION IN SUPPORT OF A NEIGHBORHOOD STABILITY PROGRAM GRANT - RESOLUTION

 

Council Member Brenton moved to approve the resolution.  Council Member Martin seconded the motion, which carried unanimously and is inscribed in Resolution No. 2390.

 

X.         OTHER BUSINESS

 

A.        APPROVAL OF LANDMARK AVENUE EMERGENCY STORM SEWER REPAIRS - MOTION

 

In response to Council’s questions, staff stated that Council will receive copies of the Citizen Sales Tax Oversight Committee meeting minutes.

 

Council Member King moved to approve the emergency repair.  Council Member Martin seconded the motion, which carried unanimously.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

Mr. Wenson stated that Council would meet in study session on Thursday, November 13 as well as on Monday, Tuesday and Wednesday of next week regarding development of the 2009 budget.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips stated that Tuesday was a great day for Liberty citizens and thanked the Mayor and Council for their efforts regarding passage of the ballot initiatives.

 

Council Member King stated he would like to receive a copy of the information provided to the Citizen Sales Tax Oversight Committee, in addition to the committee’s meeting minutes.

 

Mayor Steinkamp reminded Council of the upcoming tree lighting ceremony on November 21 and the Partnership for Community Growth and Development’s breakfast on November 25.  He agreed that Tuesday was a good day for Liberty, and that all three ballot initiatives passed quite handily.  He noted that the voter turn out rate was over 70 percent compared to the previous Municipal Election which was 10-12 percent.  He thanked everyone for their support.

 

Mayor Steinkamp noted the new flag in Council Chambers.  He stated the flag, at the request of Senator Bond, had been flown over the United States Capital on August 30, 2008, in commemoration of the 200th Anniversary of Alexander W. Doniphan’s birth on July 9.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:20 p.m.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk