CITY COUNCIL MEETING
MINUTES
MONDAY, JUNE 11, 2007
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 June 11, 2007 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 Greg Duncan
who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Paul Jenness, Ward I; Anna Marie Martin and Greg Duncan,
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; Cynthia Boecker, Assistant City Administrator;
Gary Birch, Fire Chief; Craig Knouse, Police Chief; Marcella McCoy, Finance
Manager; Chris Deal, Parks & Recreation Director; Steve Anderson, Planning
& Development Director; Steve Hansen, Public Works Director; Brian Hess,
City Engineer; Jonna Wensel, Preservation Planner; Shawnna Funderburk,
Assistant to the City Administrator; Sara Cooke, Public Relations Coordinator;
Jane Sharon, Deputy City Clerk; Jason Noble, The Kansas City Star; Angie
Borgedalen, Liberty Tribune and 25 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS’ PARTICIPATION
A.
PRESENTATION OF
HISTORIC PRESERVATION AWARDS
Mayor
Steinkamp presented the following 2007 preservation awards:
2007
Historic Home Award to Steve & Carolyn Hatcher for their commitment to the
preservation and respectful care of the Stone-Yancy House at 421 North Lightburne Street.
2007
Historic Home Award to Sheri Willoughby for her commitment to the preservation
and respectful care of the historic residence at 225 North Leonard Street.
2007
Stewardship Award to the Clay County African American Legacy Consortium for the
preservation of the legacy and mission of the Garrison School building at 502 North Water Street.
2007
Award for Excellence in Preservation Advocacy to Angie Anaya Borgedalen for her
significant contributions to the preservation and promotion of local history.
2007
Outstanding Preservationists Award to Mike & Linda Hendershot for their
commitment to the preservation and respectful care of two historic residences
in the Dougherty Historic District.
2007
Award for Preservation Project of the Year to Ray Brock & the Curry
Investment Company for the preservation and adaptive re-use of the National
Commercial Bank building at 17 East Kansas Street.
Mayor
Steinkamp recognized Brendan Lean, a boy scout with Troop 376, observing the
Council meeting as part of the requirements for his Communication merit badge.
Kevin
Lowrance, 1010
Bunting Lane,
asked the City to look at adding ordinances that would impose a curfew on
children and cite parents into court if their children violate the curfew. He noted other communities have done this and
the curfews have been effective.
Karen
Mische, 1005
Bunting Lane,
thanked Council Member Foster and Council Member King and City staff for their
responsiveness to her concerns. She
stated Claybrooke is a mix of single family homes and duplexes, with many of
the duplexes owned by what she would characterize as slumlords. She stated the City cannot proceed with code
enforcement in many of these instances because the landlord cannot be
reached. Ms. Mische asked the City to
consider adopting ordinances that would require landlords to provide contact
information and keep it current. She
noted that residents are required to keep weeds down and trash picked up and to
maintain their properties and landlords should be required to do the same. Ms. Mische also asked the Council to consider
adopting ordinances that would prohibit landlords from renting property when
there are convictions for drug sales at their properties.
Fay
Bedinger, 232 W. Franklin, asked the City Council to do something to improve
the streets on Kansas and Franklin. She stated
they are in need of repair and people traveling these streets into Liberty to shop are less likely to return. She also asked the Council to look at
improving the alleyways in the area.
VI. MEETING SCHEDULE
A. EXECUTIVE SESSION MINUTES OF JUNE 4, 2007
Council Member Martin moved to approve the minutes as
distributed. Council Member Jenness
seconded the motion, which carried unanimously.
B. APPOINTMENTS
Liberty Arts Commission
Reappoint Richard Held to a term
expiring 05-15-2010
Council Member Martin moved to approve the appointment. Council Member Jenness seconded the motion,
which carried unanimously.
Council Member Martin moved to authorize the executive
session. Council Member Jenness seconded
the motion, which carried unanimously.
REGULAR
SESSION MINUTES OF MAY 29, 2007
Council Member Brenton moved to
approve the minutes as distributed.
Council Member King seconded the motion, which carried 6-0-1. Council Member Martin abstained due to
absence.
STUDY
SESSION MEETING SUMMARY OF JUNE 4, 2007
Council Member King moved to approve the minutes. Council Member Martin seconded the motion,
which carried 6-1-0. Council Member Parry voted in opposition.
VIII. PUBLIC HEARINGS
A. *REZONING
APPROXIMATELY 939 ACRES FROM R-1A, SUBURBAN RESIDENTIAL DISTRICT, TO TND,
TRADITIONAL NEIGHBORHOOD DEVELOPMENT AND PRELIMINARY DEVELOPMENT PLAN –
ORDINANCE [P&Z CASE NO.
06-060R&PDP] (Continued from the April 23, 2007 regular session)
City Administrator Curt Wenson stated that the
rezoning application had been continued several times. A development agreement is currently being
negotiated and it is requested that the application be tabled indefinitely in
order to complete other matters that would be considered at the same time as
the rezoning. If tabled, the public hearing
for the rezoning would be readvertised for the new date, once determined.
Council Member Martin moved to table the rezoning
agreement to an indefinite date. Council
Member Parry seconded the motion which carried unanimously.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM MAY 18, 2007 THROUGH JUNE 1, 2007 – ORDINANCE
Document No. 6687 was read. Council Member Martin moved to approve the
ordinance. Council Member King seconded
the motion. Council Member Jenness asked
about check number 102026 to Carter Energy for diesel fuel and another to
Petroleum Traders. He asked if Parks’
fuel is ordered separately. Parks &
Recreation Director Chris Deal stated that Parks orders separate fuel and
stores it at a different location for mowers, tractors and other maintenance
equipment.
Vote on the motion was as follows: 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. 9147.
B. SOUTH LIBERTY PARKWAY, PHASE I
1. FINAL AMENDMENT TO CONTRACT WITH AMINO
BROTHERS – ORDINANCE
Public Works
Director Steve Hansen stated that construction, which began in June 2004 on Phase
I of the South Liberty Parkway project, is now
completed. He reviewed the process for
determining the total project construction cost, which led to this final
amendment, noting that most projects are bid out on a unit price basis. This final amendment is based on additional subgrade
stabilization; condemnation settlements; additions of turn lanes and lighting conduit
along with the final measured quantities of items which have been installed. Staff recommends approval of the final contract
amendment which carries with it a two-year maintenance requirement.
Council Member
Foster asked about the funding for this phase taken from Phase II design
allocation. Mr. Hansen stated that there
was about $5,300 left from what was originally budgeted for the project including
all change orders. The amount required
for the final amendment on this project would come in part from the design fund
for Phase II. In addition, the second
phase of Storm Water Financing Study would be put on hold until the citizen
strategic planning process is completed so that citizen input could provide
direction for further efforts related to storm water planning and financing.
Council Member
Brenton asked about the mention of a final budget amendment. Mr. Hansen stated this action adjusts the
construction contract, not the budget, and approves an ordinance revising the
final construction contract amount. Mr.
Brenton asked why the staff report shows contingency still left. Mr. Hansen stated the allocation breakdown
for the project shows contingency funds.
City Engineer Brian Hess stated the contingency listed is for
miscellaneous fees such as legal and other project costs that are not
identified as separate line items. Mr.
Hansen stated that it should have been listed differently to reduce
confusion. Mr. Brenton stated he would
be more comfortable with these being noted as administrative costs.
Council Member
Duncan asked about the maintenance requirement following payment of the final contract
amount. Mr. Hansen stated that all City construction
contracts have a two-year maintenance period which is covered by a bond. Several minor repairs still need to be made, such
as asphalt pavement repair along with other repairs. Mr. Duncan asked for clarification that these
are not things that the City would have to live with or pay more to have
corrected. Mr. Hansen stated the
contractor would be required to correct these items at its cost, not at the City’s
cost.
Council Member
King added the change orders together and asked if the construction costs over
the original contract were about $670,000.
Mr. Hansen stated that was correct.
Mr. King asked if the budgeted amount for construction is already paid
out and no longer available for this final amendment. Mr. Hansen stated that was correct. Council Member Brenton asked that the
information provided be revised and listed differently.
Council Member
Parry asked what problems there might be in delaying the storm water financing study. Mr. Hansen stated there is always the
potential for a negative impact. He
stated that the City doesn’t have an adequate funding mechanism at this time
and the funds available don’t cover the needs.
With these funds used for the South Liberty
Parkway, the second phase of the storm water
financing study would still need to be completed, but only
after the citizens have the opportunity to review
where the storm water study fits in with other priorities. If citizens identify this as a priority, that
adds support for the project. Mr. Parry
noted this was identified as a priority when it was included in the 2010
funding. Mr. Hansen stated that is
correct, but in the citizen strategic planning process issues would be looked
at collectively and that will be helpful as the City goes through the process.
Council Member
Jenness asked if there are any funds remaining for the storm water financing
study. Mr. Hansen stated that $220,000
is identified in the 2008 budget but there may be other issues that remove it
from that funding year. Mr. Jenness
asked if the funds are budgeted annually.
Mr. Hansen stated funding was first identified in the 2004 capital
budget and that funding was held until this year’s project. He stated that a third phase was anticipated
for 2008 but there is an option to complete this phase at a later point.
Document No. 6688
was read. Council Member King moved to
waive the rules and consider the ordinance on first reading. Council Member Parry seconded the motion. Council Member Brenton stated he would be
voting in opposition to the waiving the rules because he would like to see more
definition on the contingency and reconciliations of variances in a summary of
the project. Mr. Hansen stated that
could be provided. The motion failed 5-2-0.
Council Member Martin and Council Member Brenton voted in opposition to
the motion.
Mayor Steinkamp
stated the ordinance would go to the June
25 2007 regular session for second reading.
2. ACCEPTANCE OF PROJECT – RESOLUTION
Mayor Steinkamp
stated the resolution would be held to come forward after the ordinance is
considered on June 25.
C. CONTRACT
WITH BUCHER, WILLIS & RATLIFF FOR ENGINEERING SERVICES PERTAINING TO SEWER
SYSTEM EVALUATION IN AN AMOUNT NOT TO EXCEED $88,700 – ORDINANCE
Document No. 6689 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 Martin moved to approve the
ordinance. Council Member King seconded
the motion. Council Member Foster asked
about the interview process.
Mr. Hansen stated that bids are not taken for this
type of project. Instead, Requests For
Qualifications (RFQ) are sent out and the responses reviewed. In this instance, three firms were brought in
for interviews after evaluating the submittals.
The City negotiated a contract with the top firm. If a satisfactory contract could not be
negotiated, the City would have contacted the second firm on the list and so
on. It is seldom if ever necessary to
move on to another vendor, once the firms have been evaluated and the top
candidate selected. Mr. Foster asked if
the negotiated amount is comparable to what was submitted. Mr. Hansen stated that the numbers could
change due to the City working to get the costs down to only what is
needed. The City does not want to miss
out on professional services by bidding out a project. In this instance, the fees are right on line
with what was submitted. Mr. Wenson
stated that this is an involved process, with a lengthy interview process. The vendors have a lot invested in their
presentations. Mr. Hansen stated the
project would be bid out after the design is completed. The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 9148.
D. AMENDMENT
TO CHAPTER 20, LIBERTY CITY CODE, TRAFFIC REGULATIONS PERTAINING TO MOSS
& SUNSET – ORDINANCE
Document No. 6690 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 King moved to approve the
ordinance. Council Member Foster
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9149.
X. OTHER BUSINESS
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr.
Wenson stated that representatives of CBL & Associates Properties would
make an introductory presentation at the June 18 study session, followed by an
overview of the tax increment financing (TIF) process. On June 22, the TIF Commission is scheduled
to meet at 7:30
a.m. at the Community Center
to review an amendment to the Whitehall Station TIF Plan. On July 9, an amendment to the Whitehall TIF
Plan would be on the regular session agenda for Council consideration.
XII.
MISCELLANEOUS MATTERS
FROM MAYOR AND CITY COUNCIL
Council
Member Martin asked if the improvements being made at the I-35/US69/M-33
interchange would require additional changes when the Whittaker development is
approved. Mr. Hansen stated a July
letting of the contract was necessary in order to use federal funds allocated
for the project. Mrs. Martin said she
didn’t want work to be done that has to be redone when Whittaker is on
board. Mr. Hansen stated there is always
a possibility that some modifications would have to be made, but a good deal of
what is being done with this interchange improvement project would remain in
place.
Council
Member Martin asked if the change in the provider for distribution of the
newsflash would take care of the difficulty in communication between the
newsflash and cable emails. Public
Relations Coordinator Sara Cooke said it should have corrected the problem.
Council
Member Martin asked if the new members of City Council would receive the tour
identifying unfunded needs which had been very helpful when provided to the
previous council members. Mr. Wenson
stated that would be done later. Mrs.
Martin asked if the Council would receive a report about the International
Conference of Shopping Centers. Mayor
Steinkamp said a report would be provided tonight.
Council
Member Foster thanked staff for responding to the citizen service requests he
submitted.
Council
Member Duncan stated that the Ward II forum was a good experience and he would
encourage all to participate in the next two that are scheduled. He also referred to the recently published
brochure for the Liberty Parks Charitable Fund which offers the City an
opportunity to control its own destiny with regard to parks. The new brochure is an exciting tool.
Council
Member Parry reviewed his experience attending ICSC this year, noting the
bidding for sales tax is highly competitive and Liberty’s visibility at ICSC is vital. He stated the City met with developers and
redevelopers. He strongly encouraged the
City to place an emphasis on redevelopment of struggling older shopping areas
now, giving them an opportunity to revitalize the center before the current
vendors leave. Mr. Parry stated that the
Partnership for Community Growth & Development is having some success in
working on redevelopment. He suggested
the City get proactive now quickly and send a larger contingent to the ICSC
next year. Mr. Wenson stated that the
Partnership is providing a summary from the conference and that would be
forwarded to the Council.
Council
Member King referred to the citizens that spoke during Citizens
Participation. He asked that the City
look at business licensing and curfews to hold landlords accountable. Mr. Wenson stated that staff would look at
business licensing and a reporting list for landlords. Mayor Steinkamp stated it would be helpful to
know what is already on the books when addressing this issue.
Mayor
Steinkamp asked for information on the extent of the project needed and cost
for street improvements on Kansas
and Franklin streets. He
also stated the Mayor’s Forum for Ward II went well and believes these forums
are a great way to introduce the city administrator to the citizens. He stated that July 10 is the date for the
Ward III forum at the Community Center and July 24 is the scheduled date of the
Ward IV forum at the South Liberty Baptist Church. Mayor
Steinkamp congratulated Nick King and Greg Duncan on their election as mayors
pro tem.
Mayor
Steinkamp reviewed his experience at ICSC, stating over 50,000 were in
attendance and meeting with prospective tenants and developers can take time,
but this is an excellent opportunity to make the contacts. Social functions during the conference are
also a good opportunity to interface with developers and tenants.
Mayor
Steinkamp stated he would be out of town for the June 18 study session and
would be back for the June 25 regular session.
He said the Council would take a break and go into the executive
session.
XIII. ADJOURNMENT
The meeting adjourned at 8:27 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk