CITY COUNCIL
MEETING
MINUTES
MONDAY, NOVEMBER 24, 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 24, 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; 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; Steve Anderson, Development
Director; Dennis Dovel, Acting Parks & Recreation Director; Anna Slocum,
Assistant Parks & Recreation Director; Sara Cooke, Communications Manager;
Jim Simpson, Deputy Police Chief; Gary Birch, Fire Chief; Amy Brusven, Human
Resources Director; Dan Fernandez, Planner; Tony Sage, Information Services
Director; Karan Johnson, Planning and Development Manager; Shawnna Funderburk,
Assistant to the City Administrator; Janet Pittman, Deputy City Clerk; Gene
Hansen, The Kansas City Star; Angie Borgedalen, Liberty Tribune; and 12 members
of the public.
IV. APPROVE MINUTES AND SUMMARIES
V. CITIZENS’
PARTICIPATION
VI. MEETING SCHEDULE
E. APPOINTMENTS
Tree
Board
Appoint
Chris Veach to a term expiring 12-15-2009
Appoint
Theresa Brosman to a term expiring 12-15-2009
Citizen
Sales Tax Oversight Committee
Appoint
Richard Lehmann to a term expiring 5-15-2009
Liberty Arts Commission
Appoint
Sara Peterson-Davis to a term expiring 5-15-2010
VIII. PUBLIC HEARINGS
AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE -
ORDINANCE
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak. He stated staff had requested that this item be
continued to December 8.
Council Member Jenness moved to continue the hearing
to the December 8, 2008 City Council Regular Session. Council Member Foster
seconded the motion, which carried unanimously.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A.
ACKNOWLEDGEMENT OF VENDOR PAYMENTS
FROM OCTOBER 31, 2008 THROUGH NOVEMBER 14, 2008
1. EXCLUDING KCP&L PAYMENTS – ORDINANCE
Document No. 6938 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 – 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. 9382.
2. KCP&L PAYMENTS – ORDINANCE
Document No. 6939 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. 9382.
Document No. 6940 was read. Council Member Brenton
moved to waive the rules and consider the ordinance on first reading. Council
Member Martin seconded the motion, which carried unanimously.
Council Member Brenton moved to approve the
ordinance. Council Member Martin seconded the motion, which carried
unanimously. It was approved by the Chair and is inscribed in Ordinance No. 9383.
Staff presented the application for placement of
carports and a storage shed. The senior housing development was approved as a
special use permit application. In April, 2007 the applicant submitted revised
plans to staff, reducing the number of units from sixty to forty-two. Had the
carports been included with the original application, staff would have
recommended that the parking area be located to the rear of the building so the
carports wouldn’t block the façade of the building facing the street. The
Unified Development Ordinance (UDO) states that wherever possible, buildings
should be built to the street and the primary façade of a building shall face
the public street. Normally, this would have been an administrative decision
since the application is a minor final development plan but as the carports are
a major change to the originally approved plans, the case was presented to the
Planning and Zoning Commission and City Council for review. Staff recommended
that the applicant only pursue Carports A and F as neither would significantly
detract from the view of the building’s primary elevation. These two carports
would provide twenty-three covered parking spaces. The applicant is seeking
approval of all five carports so that each unit would have one covered parking
stall. While it is preferable to locate such sheds in the rear yard, the
complimentary design of the shed to the building, its location along an
existing tree line and the addition of landscaping surrounding the structure,
staff supports the proposed location. The Planning and Zoning Commission voted
to recommend approval of the application with the stipulation by a vote of 5-1.
Bob Ring, 206
Peach Way, Columbia, Missouri,
spoke on behalf of Fairway Management and Fairway Construction Company. Mr.
Ring stated that the project, built utilizing tax credits, was completed under
budget. The applicant then determined that adding the carports would provide
an added amenity, without any additional cost to the residents. The carports
would be built with the same materials to complement the exterior of the
building.
In response to Council’s questions, it was noted that
the tax credits would expire in fifteen years and the owner could then elect to
extend the tax credits or have the apartments go to market rate. Staff noted
that the application was approved as a Special Use Permit for senior housing,
and any changes would have to come back to Council for rezoning.
Alicia Stephens, Partnership for Community Growth and
Development, 9 S. Leonard, stated that the Planning and Zoning Commission
reviewed the application based on their responsibility to adhere to the UDO.
She noted that the Community Housing Assessment conducted stated that senior
housing is an area of housing desperately needed. This building is located on
the edge of an industrial park and has been built with top quality. The
addition of the carports would be a favorable amenity.
In response to Council’s questions, staff stated they
would work with the applicant to address appropriate landscaping in the event
Council approved construction of all of the carports.
Council Member Martin moved to approve the
resolution. Council Member Phillips seconded the motion.
Council Member Jenness moved to amend the resolution
to also include carports B, C, D and E, and that the applicant work with staff
to determine landscaping requirements that mirror the applicant’s presentation.
Council Member Jenness moved to approve the amended
resolution. Council Member Foster seconded the motion.
Council Member Brenton stated that this is a nice
development; however, he wished that the carports had been included in the
original application. He stated that he supports senior housing, however the
city has a UDO in place and approval of the application may set a precedence.
Council Member King stated that Council has approved
applications for utility boxes, which are also exceptions to the UDO. He
stated that the general health and welfare of the community should be
considered.
The motion carried unanimously and is inscribed in
Resolution No. 2391.
D. AMENDMENT TO CHAPTER 10 OF THE LIBERTY CITY CODE
ADDING A $2 SURCHARGE ON TRAFFIC AND CRIMINAL VIOLATIONS TO PAY EXPENSES FOR PRISONER
HOUSING AND BIOMETRIC VERIFICATION SYSTEM - ORDINANCE
In response to Council’s questions, staff stated that
it is at the Judge’s discretion to charge a prisoner for housing costs. Staff
stated there is currently $16.50 of ticket surcharges, including surcharges for
court costs, post training and the victim’s compensation fund.
Council Member Jenness stated he would be voting no as
this hits the wrong target, and those being housed should be responsible for
the associated cost.
Document No. 6941 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 Martin seconded the motion, which carried 7-1-0. Council
Member Jenness voted in opposition. It was approved by the Chair and is
inscribed in Ordinance No. 9384.
E.
DISCLAIMING AND ABANDONING
A CERTAIN SECTION OF RIGHT-OF-WAY ALONG N.
CLAYVIEW DRIVE WESTOVER COMMONS
DEVELOPMENT - ORDINANCE
Mayor Steinkamp stated that the published legal notice
contained a mistake and that this item would be moved to December 15, 2008.
F.
AGREEMENT WITH MID-AMERICA
REGIONAL COUNCIL SOLID WASTE MANAGEMENT DISTRICT FOR REGIONAL HOUSEHOLD
HAZARDOUS WASTE PROGRAM PARTICIPATION – ORDINANCE (SECOND READING)
Staff stated that
this item should be considered at the time Council considers adoption of the
2009 budget.
Council Member King made a motion to move this item to
the December 8 meeting. Council Member Jenness seconded the motion, which
carried unanimously.
X. OTHER BUSINESS
XI.
MISCELLANEOUS MATTERS FROM CITY
ADMINISTRATOR
City Administrator
Curt Wenson stated there would be study sessions on December 1, 2 and 3.
XII.
MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council
members congratulated Ms. Pittman on her appointment as Deputy City Clerk.
Mayor
Steinkamp stated there would be a retirement reception for Marjorie Yates at
the Liberty Housing Authority on December 4, from 10 a.m. to 12:00 p.m. He also
noted that tomorrow is the Partnership for Community Growth and Development
breakfast.
XIII. ADJOURNMENT
The meeting adjourned at 8:16
p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk