CITY COUNCIL MEETING
MINUTES
MONDAY, JANUARY 9, 2006
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 January 9, 2006 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 Council Member Bill Parker
who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Mayor Robert T. Steinkamp; Coni Hadden and Harold
Phillips, Ward I; LeRoy Coe and Anna Marie Martin, Ward II; Juarenne Hester and
John Parry, Ward III; and Nick King and Bill Parker, Ward IV. Also in attendance were Curt Wenson, City
Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen,
Public Works Director; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Mike
Snider, Deputy Fire Chief; Chris Deal, Parks & Recreation Director; Linda
Tyree, Finance Director; Marcella McCoy, Assistant Finance Director; Steve Anderson,
Planning & Development Director; Tony Sage, Information Services Manager;
Sara Cooke, Public Relations Coordinator; Lyndsay Johnson, Management
Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune;
Tanya Fogg Young and Intern Kristen Waggener, The Kansas City Star; and 28
members of the public.
IV. APPROVE
MINUTES AND SUMMARIES
A. REGULAR SESSION MINUTES OF DECEMBER 19,
2005
Council Member King moved to approve the minutes as
distributed. Council Member Coe seconded
the motion, which carried unanimously.
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp recognized Raytown Mayor Sue Frank, who presented a proclamation to
City Administrator Curt Wenson for his service as city administrator on behalf
of the citizens of the city of Raytown. Mayor Frank
also presented Mr. Wenson with a key to the city of Raytown.
Mayor
Steinkamp then asked how many people wished to speak during this segment of the
agenda and asked them to limit their remarks to seven minutes each.
Fay
Bedinger, 232 West Franklin, stated that she has a pin for the mayor that says,
“This land is my land.” She stated she
had asked to be added to the agenda and the new city administrator had refused her request. She expressed concern about the manner in
which the mayor and council members hold meetings and reviewed the
correspondence between herself and the mayor regarding the Sunshine Law. Mrs. Bedinger stated that Council Member
Hester, Council Member Hadden and Mayor Steinkamp had all told her they were
meeting when she encountered each of them in the bookstore. She stated they had discussed city business
and there was no notice and no minutes of that meeting. Mrs. Bedinger added that there was too much
being discussed that concerns the whole town and stated the public business of Liberty should be discussed in public.
Mrs. Bedinger stated that the mayor has indicated the
meeting wasn’t official, but she believes the Sunshine Law covers it. She referred to a court case in which council
members had met with city staff to discuss a budget and were found to be in
violation of the Sunshine Law. Mrs.
Bedinger asked the council members to note, by a show of hands, who believed in
having secret meetings and who did not.
Mayor Steinkamp responded to her comments by saying the
Sunshine Law is more than just the booklet from the Attorney General’s
office. He stated that the court case
she cited referenced a meeting of council members who made up a quorum of a
finance committee. Mayor Steinkamp
stated that the meeting about which Mrs. Bedinger expressed concern was not an
official meeting and did not violate the Sunshine Law. He stated that it is neither his intent nor
that of the council members to violate the Sunshine Law and they do not believe
they did so. Mayor Steinkamp stated
that, in response to Mrs. Bedinger’s inquiries, the City’s legal counsel and a
second law firm had been consulted.
Legal counsel has advised that this meeting was an informal discussion
and not an official meeting requiring notice or minutes. He stated that Mrs. Bedinger’s concern and
desire for fair and open government are very much appreciated and he hoped she
would continue in her role as watchdog.
In this instance, however, Mayor Steinkamp said Mrs. Bedinger is wrong
and this was not a violation of the Sunshine Law and not a meeting under that
law’s definition.
Mrs. Bedinger said this is not the only meeting that has
occurred like that one and it comes under the category of meeting
piecemeal. Mayor Steinkamp stated that
had been the only meeting on that issue, at which the two council members and
he discussed City boards and commissions.
Doug Bratcher, 1330 Clayview, stated that the downtown Liberty plan has a lot of people stirred up. He said he would like to know what the City
intends to do with eminent domain. He
has heard that the City is not going to use it for the downtown, but also
understands the City is asking the State not to intervene in the City’s right
to use eminent domain.
Mr.
Bratcher stated there are newly installed streetlights on the Square that are
not working and he asked what number he should call to report that. He asked what to do about getting the streets
cleaned of litter. Mr. Bratcher stated
that he would appreciate getting more information from the City so that the
information the public has isn’t just rumor and innuendo. He asked if the City still leased the
streetlights that had been installed on the Square. Mr. Bratcher said he wanted Liberty to be a nice clean town for people to visit.
Mayor
Steinkamp thanked Mr. Bratcher for his comments and said information about
where to call to report streetlights would be provided.
VI. MEETING SCHEDULE
A.
APPOINTMENTS
Board
of Appeals
Appoint
David Dennis to a term expiring 12-30-06
Appoint
Dobbe Dobberstine to a term expiring 12-30-08
Appoint
Chris Richards to a term expiring 12-30-09
Appoint
John Kern, Jr. to a term expiring 12-30-10
Board
of Adjustments
Appoint
Andy Pratt to a term expiring 04-01-09
Council Member Hadden moved to approve the
appointments. Council Member Hester
seconded the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
A. REZONE
42.5 ACRES TO C-2, GENERAL BUSINESS DISTRICT AND 27.4 ACRES TO MU, MIXED USE,
AND PRELIMINARY DEVELOPMENT PLAN FOR DEVELOPMENT OF WHITEHALL PLAZA LOCATED AT
I-35 AND SOUTH LIBERTY PARKWAY; [P&Z CASE NO. 05-052R&PDP; APPLICANT:
HNTB/John Ferguson] – ORDINANCE (to be
continued to the January 23, 2006 regular session.)
Mayor Steinkamp opened the public hearing and stated a
request had been made to continue consideration of the application to allow
review by the Planning & Zoning Commission.
Council Member King moved to continue consideration of
the application to the January 23, 2006 regular session.
Council Member Martin seconded the motion, which carried unanimously.
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM DECEMBER 16, 2005 THROUGH JANUARY 6, 2006 – ORDINANCE
Document No. 6465 was read. Council Member King moved to approve the ordinance. Council Member Martin seconded the motion.
Council Member Hadden asked about check number 92856. Public Works Director Steve Hansen stated
that it was for the one-call system in which the State now requires the City to
participate and pay in for each call.
The expense is paid out of water and sewer funds. He stated the City just began its
participation late in 2005 and there is insufficient history available to know
what the cost will be. The one-call
system has been in place for a number of years.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Martin – yes; Council Member Hester – yes; Council Member Parker – yes; Council
Member Hadden – yes; Council Member Coe – yes; Council Member Parry – yes;
Council Member King – yes. The motion
carried unanimously; it was approved by the Chair and inscribed in Ordinance
No. 8924.
B. LOT 1,
NORTHWYCK BUSINESS PARK, FIRST PLAT
1. *FINAL
PLAT FOR [P&Z CASE NO. 05-053FP; APPLICANT: LABOSU, LLC] – ORDINANCE
Planner Dan Fernandez stated the application is for a
final plat of Lot 1, Northwyck Business Park, First Plat.
The plat is approximately 3.63 acres zoned C-O, Non-Retail Business
District, located along Rush Creek Parkway. He stated
that the lot has direct access to Rush Creek Parkway. Sanitary sewer and water service will be provided
via an extension to existing mains.
Storm water will be detained through existing storm water pipes
underneath Rush
Creek Parkway. This final plat will allow for development of
the property with a development plan application anticipated early this
year. The applicant is proposing three
office buildings for the site. The
application substantially conforms to the requirements set forth in the Unified
Development Ordinance and the Planning & Zoning Commission recommends
approval.
Council Member Parker asked for clarification of the
access to Rush
Creek Parkway. Mr. Fernandez stated that the Parkway does
not show on the map, but there will be direct access to that road, which is now
built. Council Member Martin asked if
the site is directly behind Liberty Terrace Care Center. Mr. Fernandez
said it is. Mrs. Martin recommended
council members who have not done so, drive on the Rush Creek Parkway, which was well done and provides alternate access to
the hospital.
Council Member Parry agreed it is a nice road, but
expressed concern about where it ties in to Glenn Hendren and the increase in
traffic due to development in this area.
Document No. 6466 was read. Council Member Hadden moved to waive the
rules and consider the ordinance on first reading. Council Member Phillips seconded the motion,
which carried unanimously.
Council Member Coe 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. 8925.
2. ACCEPTANCE
OF PUBLIC WATER MAIN EASEMENT – ORDINANCE
Document No. 6467 was read. Council Member Coe moved to waive the rules
and consider the ordinance on first reading.
Council Member King seconded the motion, which carried unanimously.
Council Member King moved to approve the
ordinance. Council Member Hadden
seconded the motion. Council Member King
asked who was providing the easement.
Mr. Hansen said it is being provided by the developer, Labosu. Council Member Parry asked if the water line
runs the length of the Parkway. Mr.
Hansen said it does and was a joint project with adjacent property owners and
the hospital. Mr. Parry asked if the
City agreed to put in the infrastructure if they built the road. Mr. Hansen said the infrastructure was at the
developer’s cost.
The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8926.
C. DISCLAIMING
AND ABANDONING A UTILITY EASEMENT FOR LOTS 8A AND 9 - WHITEHALL ADDITION, FIRST PLAT – ORDINANCE
Document No. 6468 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Coe seconded the motion, which carried unanimously.
Council Member Coe moved to approve the
ordinance. Council Member Hester
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8927.
D. ESTABLISH
TERMS FOR AND APPOINTMENTS TO LIBERTY PARKS & RECREATION FOUNDATION ADVISORY COMMITTEE –
ORDINANCE
Council Member Hester asked for clarification that an
additional appointment will be made to the Advisory Committee. Mayor Steinkamp said that was correct. Council Member Martin asked if the ordinance
could be considered without the names attached.
Assistant City Administrator Cynthia Boecker stated that the
appointments were included in the ordinance for convenience and there is a
section that states future appointments may be handled by motion.
Council Member Coe asked if the ordinance could go to
second reading.
Document No. 6469 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member King seconded the motion,
which failed 1-7-0. Council Member Phillips, Council Member
Martin, Council Member Hester, Council Member Parker, Council Member Hadden,
Council Member Coe and Council Member Parry voted in opposition to the motion.
Mayor Steinkamp stated the ordinance would be
considered on second reading at the January 23, 2006 meeting.
Council Member Parry asked if a short summary of
proposed appointees could be provided to the Council. Council Member Parker asked for information
on how the appointments fit with the board or commission. Mayor Steinkamp stated that he would work
with staff to provide additional information but cautioned that these are
volunteers and they shouldn’t have to provide resumes to be appointed.
E. CONTRACT
WITH KANSAS CITY AREA TRANSPORTATION AUTHORITY (KCATA) FOR ADA COMPLIANT RIDES/LIBERTY ACCESS – ORDINANCE
Ms. Boecker stated this is one of several contracts
that come forward annually pertaining to the Liberty Access bus. The others are from the Mid-America Regional
Council (MARC).
Document No. 6470 was read. Council Member Coe 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 Hester
seconded the motion. Council Member
Phillips asked if there are times that there is a charge to ride the Access
bus. Parks & Recreation Director
Chris Deal stated there is a charge for non-essential trips, such as to the
beauty shop. The cost is $0.70 each way
and coupons are available for purchase for these trips. The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8928.
F. AGREEMENT
WITH LIBERTY SPORTS OFFICIALS IN AN AMOUNT NOT TO EXCEED $110,000
FOR PARKS DEPARTMENT OFFICIATING SERVICES – ORDINANCE
Council Member Parry asked what fund would cover this
expense. Mr. Deal stated it is in the
Park Fund for recreational play, such as T-ball, basketball and soccer and the
cost of officials is covered in the fees.
Council Member King clarified that this is revenue neutral, coming in as
fees and going out as expense. Mr. Deal
agreed. Council Member Coe asked about
the Liberty Sports Officials. Mr. Deal
said Bill Barnes is the representative and the agreement is for the same amount
as last year.
Document No. 6471 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member King seconded the motion,
which carried unanimously.
Council Member Hester moved to approve the
ordinance. Council Member Hadden
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8929.
G. LEASE
AGREEMENT FOR SRO VEHICLE WITH GARY CROSSLEY FORD – ORDINANCE
Document No. 6472 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Hadden seconded the motion,
which carried unanimously.
Council Member Hadden moved to approve the
ordinance. Council Member Coe seconded
the motion. Council Member Hester asked
if one vehicle is still provided at no cost by Crossley Ford. Police Chief Knouse said that was
correct. Council Member King asked about
the SRO program. Chief Knouse stated the
school resource officers are provided in a cooperative program with the school
district. The City provides the vehicles
and seeks the least expensive means to provide them. Gary Crossley Ford provides one at no cost
and a second one is leased. This would
allow for a third vehicle to be provided and would be a lease agreement with
Gary Crossley Ford. Mr. King asked if
the resource officers are regular officers.
Chief Knouse said they are regular police staff and coordinate the DARE
program in the Liberty schools and provide a law enforcement presence. Mr. King asked if the school district wants
the officers in the schools. Chief
Knouse said they do and the school district pays 50 percent of the salaries,
uniform and equipment costs and for 100 percent of the supplies for the DARE
program. Council Member Phillips asked
how the program went from one free vehicle to one free and two leased
vehicles. Chief Knouse said it was
probably when the program spread into many communities, all seeking assistance
with the costs and it is more competitive now.
The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8930.
H. AMENDMENT
TO TRAFFIC REGULATIONS – FORREST AVE., WITHERS RD. – ORDINANCE
Document No. 6473 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 Hadden 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. 8931.
I. MAINTENANCE
AGREEMENT WITH INTER-TEL FOR TELEPHONE SYSTEM – ORDINANCE
Document No. 6474 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Coe seconded the motion, which carried unanimously.
Council Member Coe moved to approve the
ordinance. Council Member Hester
seconded the motion. Council Member
Martin asked if any other companies’ systems have been researched. Mr. Hansen stated that the phone system will
need to be replaced in the next few years and staff is looking at the various
functions that should be incorporated into a new system, including newer
technology, such as voice over internet capability (VOIP). The current system was originally purchased
in 1997 and replacement equipment is not readily available. Mrs. Martin asked if this agreement covers
repairs to the entire system. Mr. Hansen
said it covers everything but damaged equipment or moving of phones from one
location to another. He noted that the
most important feature of the agreement is that the City receives priority for
service in emergencies.
Council Member Parry asked why the expense is in the
public works’ budget. Mr. Hansen said it
was placed there some time ago and hasn’t been moved. Council Member King asked for clarification
of the 15% increase over last year’s cost.
Mr. Hansen said that is due to additional equipment installed over the
last year and is figured on a per unit basis.
The motion carried unanimously; it was approved by the
Chair and is inscribed in Ordinance No. 8932.
A. SETTLEMENT
PAYMENT TO FIRST DEAL, LLC PERTAINING TO SOUTH LIBERTY PARKWAY – MOTION
Council Member Coe moved to approve the payment. Council Member Hadden seconded the
motion. Council Member Martin asked for
clarification of the process that led up to this additional payment. Mr. Hansen stated that the City had taken
this through the court in a condemnation proceeding when the property was owned
by the Society of the Precious Blood.
Following a report of the commissioners filed with the court, an award
of approximately $250,000 was paid to Precious Blood. This property had a higher value than some of
those along the Parkway because it is bisected by the South Liberty Parkway.
Mr. Hansen stated that, at some point after initiation
of the condemnation process, a portion of the property owned by the Society of
the Precious Blood was purchased by John Ferguson, under the name First Deal,
LLC. Concurrent with the payment of the
award to Precious Blood, exceptions appealing the award were filed by both the
City and First Deal. With First Deal
becoming part of the ownership of the Precious Blood property, efforts were
made to have the exceptions dismissed and the matter resolved by negotiated
settlement. Negotiations took place,
followed by a mediation process, however agreement could not be reached between
the City and First Deal. Negotiations
continued, resulting in the $80,000 settlement.
Mrs. Martin asked what exceptions had been filed. Mr. Hansen stated the City believed the
commissioners’ award was too high and First Deal believed its compensation was
not enough. It was believed that the
potential costs of taking this through the court process could be much higher
than the settlement, which is less than what was originally sought by First
Deal.
Council Member Hester asked when First Deal became a
property owner. Mr. Hansen stated First
Deal acquired the property before the award to the Society of the Precious
Blood was made public. Though the
transfer was not made in the timeframe the City would have liked, it did take
place within the period that requires the City to address the new property
owner.
Council Member Parry asked if the contingency funds will
be sufficient to get through the project as budgeted. Mr. Hansen stated there will most likely be
contract adjustments based on the final construction costs and there are still
two properties yet to be settled, in which appeals have been filed. The City has possession of the property. It will be a tight project and there have
been unforeseen costs, such as the recently approved KPC&L lighting
installation. Ms. Boecker stated that
the staff would provide updates as they become available.
Council Member Phillips stated it is interesting to
see how developers can get the City to participate in projects. Council Member Martin asked for clarification
that the $250,000 was awarded before First Deal’s ownership of property was
known. Mr. Hansen said that was correct
and that award was determined by the court.
Council Member King asked what alternatives there were if the
contingency did not cover costs. Mr.
Hansen said other sources of funding are available, should they be necessary.
The motion carried unanimously.
B. PLANNING
& ZONING COMMISSION APPOINTMENTS
1. REAPPOINT
LAURIE SUTTON TO A TERM EXPIRING 01-01-09 – MOTION
Council Member Phillips moved to approve the
appointment. Council Member Hester
seconded the motion, which carried unanimously.
2. APPOINT
GARY ARMSTRONG TO A TERM EXPIRING 01-01-09 – MOTION
Council Member Hadden moved to approve the
appointment. Council Member Hester
seconded the motion, which carried unanimously.
3. APPOINT
TOM ATKINS TO A TERM EXPIRING 01-01-09 – MOTION
Council Member King moved to approve the
appointment. The motion died for lack of
a second.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Ms.
Boecker noted Monday, January 16 is a city-observed holiday and so the study
session is scheduled for Tuesday, January 17.
Ms.
Boecker stated that staff has begun working on the financial summit which
comprises a series of study sessions culminating in a day long review. More details will be provided with possible
scheduling beginning in late winter or early spring.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips stated a celebration on the Martin Luther King, Jr. holiday is
planned at William Jewell College. Mayor
Steinkamp said a proclamation would be presented at the event.
Mr.
Phillips commented that, while he had not yet received Mrs. Bedinger’s letter,
he believes it is good to always engage in legal, lawful conversations.
Council
Member Martin welcomed new
city
administrator, Curt Wenson. Council
Member Parker and Council Member Parry also welcomed him to the City.
Council
Member Hadden stated she had received information from Linda Williams at the
Martha LaFite Thompson Nature Sanctuary about a rain garden initiative, which
includes a sit down dinner on April 8.
She said Ms. Williams has encouraged the City to get involved in this
project that can be tied to storm water runoff.
Council
Member Coe referred to Mr. Bratcher’s comments about reporting street light
outages and said the police used to make reports in the past and he hoped that
would continue.
Council
Member King stated he received a call from the property owner at 1116 South Missouri about a sewer backup.
The property owner expressed appreciation for the help of the city
staff. Mr. King stated it was good to be
focused on roads and sewers for the citizens.
He asked if the neighborhood in the area of this property owner is on
the schedule for improvements. Mr.
Hansen stated that he believes the area is in a
candidate neighborhood, but
work is not imminent due to the recommendations of the capital improvements
committee. There is also an opportunity
to rehabilitate certain infrastructure, which may be more helpful in this
particular location. He stated that the
problem may be in the property owner’s line.
Ms. Boecker noted this could be part of the discussion next Tuesday.
Mayor
Steinkamp welcomed the new
city
administrator and expressed appreciation for the job Cynthia Boecker had done
as acting city administrator since August.
XIII. ADJOURNMENT
The
meeting adjourned at 8:22 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk