CITY COUNCIL MEETING
MINUTES
MONDAY, MARCH 9, 2009
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 March 9, 2009
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, City
Administrator; Dan Estes, Assistant City Administrator; Steve Hansen, Public
Works Director; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Steve
Anderson, Development Director; Tony Sage, Information Services Director; Dennis
Dovel, Parks & Recreation Director; Denny Persall, Parks & Open Spaces
Manager; Sara Cooke, Communications Manager; Shawnna Funderburk, Assistant to
the City Administrator; Janet Pittman, Deputy City Clerk; Gene Hansen, The
Kansas City Star; Angie Borgedalen, Liberty Tribune; and 60 members of the
public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT
AGENDA)
V. CITIZENS’
PARTICIPATION - None
VI. MEETING SCHEDULE
Board
of Adjustments
Citizen
Sales Tax Oversight Committee
Reappoint Blake Thomas to a term expiring 5-15-2012
Reappoint Richard Lehmann to a term expiring 5-15-2012
Liberty Arts Commission
Reappoint Jeanne Ralston to a term expiring 5-15-2012
Reappoint Heather Jones to a term expiring 5-15-2012
Liberty Community Christmas Tree Commission
Reappoint Joe Dugdale to a term expiring 5-1-2012
Reappoint Mary Sallee to a term expiring 5-1-2012
Reappoint Steve Haymes to a term expiring 5-1-2012
VIII. PUBLIC HEARINGS
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A.
ACKNOWLEDGEMENT OF VENDOR PAYMENTS
FROM FEBRUARY 13, 2009 THROUGH FEBRUARY 27, 2009
– ORDINANCE
Document No. 6987 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. 9428.
B.
CONTRACT WITH SUPERIOR BOWEN
ASPHALT COMPANY, LLC FOR 2009 STREET RESTORATION PROJECT IN AN AMOUNT NOT TO
EXCEED $688,955.25 – ORDINANCE
In response to Council’s questions, staff responded
that approximately half of the projects were carried over from last year’s
program that weren’t able to be completed due to funding limitations.
Additional roads can be added if Council decides to allocate additional funds
to the project. More extensive restorations are better done through
neighborhood improvement or road construction projects; however, there are
currently no funds allocated for those types of projects.
Document No. 6988 was read. Mayor Steinkamp stated
that the ordinance will be on second reading March 23, 2009.
C.
COLLEGE PARK NEIGHBORHOOD IMPROVEMENT PROJECT
1.
FINAL AMENDMENT TO CONTRACT WITH
LINAWEAVER CONSTRUCTION INC. DECREASING THE AMOUNT FROM $811,314.10 TO
$802,145.25 – ORDINANCE
Document No. 6989 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 King seconded the motion, which carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9430.
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. 2399.
D.
SHOPPES AT LIBERTY
TRIANGLE
1. ACCEPTANCE OF SANITARY SEWER, WATER, STORM
SEWER, STREETS AND GRADING IMPROVEMENTS FOR THE SHOPPES AT LIBERTY
TRIANGLE 1ST PLAT - RESOLUTION
Council Member King moved to approve the resolution.
Council Member Phillips seconded the motion, which carried unanimously and is
inscribed in Resolution No. 2400.
2. ACCEPTANCE OF STORM SEWER AND SANITARY
SEWER IMPROVEMENTS FOR THE SHOPPES AT LIBERTY TRIANGLE 2ND PLAT – RESOLUTION
Council Member King moved to approve the resolution.
Council Member Martin seconded the motion, which carried unanimously and is
inscribed in Resolution No. 2401.
E.
AMENDMENT TO CHAPTER 20, “MOTOR
VEHICLES & TRAFFIC”, OF THE CODE OF THE CITY OF LIBERTY – ORDINANCE
Document No. 6990 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 Phillips seconded the motion, which carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9431.
F. ESTABLISH SECTION 22-66, “SMOKING
PROHIBITED”, CHAPTER 22, “OFFENSES – MISCELLANEOUS”, OF THE CODE OF THE CITY OF LIBERTY –
ORDINANCE (Second Reading)
Mayor Steinkamp addressed the
Council stating that a question was raised regarding whether or not the first
reading of the ordinances was considered a valid first reading. The City’s
legal counsel, George Kapke, stated that the intent of the Statute was met when
the two ordinances were extensively discussed at the February 23 meeting,
including an opportunity for public comment.
Mayor Steinkamp stated that
anyone who spoke at the February 23 or March 2 meetings regarding this matter
would not be provided with another opportunity to comment this evening. He
noted that a number of letters requesting a total ban, in addition to a
Signatures of Support petition supporting an ordinance similar to Kansas City,
Missouri’s be passed, were received by Council.
The Mayor allowed for public
comment. The following individuals spoke in support of prohibiting smoking:
Timothy Billharz, 1058 Maple Woods Terrace; Pamela Anderson, 959 Yancy; Joseph
Reardon, 10423 Ridgeview Avenue; Amy Tuso, 1310 Linden Road; Melanie Lively, 1616
Ashton Circle; Paul Lively, 1616 Ashton Circle; Gary Zaborac, Executive
Director of Clay County Health Center; Abdul Raja, ER physician; Thomas Reed,
8505 NE Terrace and member of Liberty High School’s Students Against
Destructive Behaviors; Teresa Ruiz, American Cancer Society.
The following individuals
spoke against prohibiting smoking: Brian Williams, 1519 Lake Road and General
Manager of the Landing; Eric Geiser, Staff Sgt. US Air Force; Brett Simpson, 21
N. Riley, KCMO and employee of the Landing; Cassi Webb, 710 E. 1st
Street, Kearney and employee of the Landing; Shawn Barber, 136 Dorsey, owner of
the Pub House; Joe Jennings, 6245 NW Forest, Parkville and owner of Rancho
Grande; LeRoy Coe, 719 W. Brown Street; Mattie Ransom, 7609 NE 87th and owner
of the Dish; Gene Guess, 8501 Orchard Circle; Tabitha Guess, 8501 Orchard
Circle; Shannon Hoff, 1324 Andrea.
Document No. 6991 was read. Council
Member Jenness presented information regarding his proposed ordinance which
prohibits smoking on City owned property (except for small designated areas)
but supports business owner’s rights by allowing them to obtain a permit
identifying their business as a smoking establishment.
Council Member Jenness moved
to amend the ordinance by increasing the designated permit fee from $10.00 to
$250.00. Council Member Parry seconded the motion, which passed 5-3-0. Council
Members Phillips, Duncan and Martin voted in opposition. There were no other
amendments to the proposed ordinance.
Council Member Jenness moved
to approve the amended ordinance. Council Member Foster seconded the motion
which resulted in a 4-4-0 vote. Council Members Martin, Brenton, Duncan and
Phillips voted in opposition. Mayor Steinkamp voted in opposition and the
motion failed 4-5-0.
Document No. 6992 was read. Mayor
Steinkamp presented information regarding his proposed ordinance, which
prohibits smoking on City owned property and reflects provisions noted within
the State of Missouri’s Indoor Clean Air Act.
Council Member Brenton
presented a series of amendments to the proposed ordinance that included:
- Definition of a bar, bowling alley and billiard
hall consistent with the State of Missouri’s Clean Air Act.
- Smoking is prohibited in City-owned facilities
except in those limited outdoor areas that may be designated by the City
Administrator (or his designee).
-
Smoking is not regulated in areas
so long as an exempt enclosed area does not share any ingress, egress or air
handling/ventilation system with an enclosed area where there is a non-exempt
prohibition of smoking.
-
The City Administrator (or his
designee) may inspect the premises for compliance purposes at any time.
-
The ordinance, if passed, shall be
in full force and effect 30 days after passage except for those establishments
that fall within the definition of restaurants and bars and as to those
establishments, the effective date will be one year after passage.
Council discussion of the ordinance and proposed
amendments followed. The Missouri Clean Air Act provides exceptions and in
order for Council to adopt a more restrictive ordinance Missouri
legislation would have to be changed. Council discussed the importance of
addressing the smoking issue, and also that the citizens have the ability to
petition the Council to request a vote of the people.
Council Member Foster moved to amend the amended ordinance
by extending the implementation phase from 12 months to 24 months in order to
give business owners time to comply. Council Member Jenness seconded the
motion, which resulted in a vote of 4-4-0. Council
Members Martin, Phillips, Duncan and Brenton voted in opposition. Mayor
Steinkamp stated that 12 months provides businesses with the opportunity to
make the necessary decisions and voted against the amendment. The motion
failed 4-5-0. There were no additional amendments to the
ordinance.
Council Member Martin moved to approve the ordinance
as originally amended. Council Member Brenton seconded the motion, which
resulted in a 4-4-0 vote. Council Members King, Parry, Jenness and
Foster voted in opposition. Mayor Steinkamp stated that though the ordinance wasn’t
totally fair, and he would have preferred a more lenient definition of a bar,
he voted in favor of the ordinance. The motion passed 5-4-0, and is
inscribed in Ordinance No. 9429.
X. OTHER BUSINESS
XI.
MISCELLANEOUS MATTERS FROM CITY
ADMINISTRATOR
XII.
MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Jenness stated that though there are happy and sad faces, Council worked
in honest deliberation of the issue.
Council
Member Duncan stated that the process is a good one.
Council
Member Parry apologized to the 11 businesses that would be damaged by Council’s
decision.
Council
Member King asked staff about speeding in the Southview area. Staff stated
that they do not install speed bumps on public roadways, but will attempt
selective enforcement while looking at other possible alternatives.
Mayor
Steinkamp stated he attended a Chamber of Commerce event regarding the Invest
in Missouri Program that Rep. Flook is sponsoring in the House. Council is
also welcome to attend the Partnership for Community Growth & Development’s
spring investor breakfast on March 18.
XIII. ADJOURNMENT
The meeting adjourned at 10:05
p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk