CITY COUNCIL MEETING
MINUTES
MONDAY, FEBRUARY 11, 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 February 11, 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 Council Member Greg Duncan 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; Brian Hess, City Engineer; Craig Knouse, Police Chief; Tim
Moore, Police Lieutenant; Linda Tyree, Finance Director; Chris Deal, Parks
& Recreation Director; Dennis Dovel, Sports Complex Manager; Denny Persall,
Parks Maintenance Crew Chief; Donna Kay Taylor, Community Center Manager; Gary
Birch, Fire Chief; Steve Anderson, Planning & Development Director; Brad
Boone, Information Systems Specialist III; Shawnna Funderburk, Assistant to the
City Administrator; Jenny Jacobs, Administrative Assistant to the Deputy City
Clerk; Jane Sharon, Deputy City Clerk; Angie Borgedalen, Liberty Tribune; David
Knopf, The Kansas City Star; and 12 members of the public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT
AGENDA)
V. CITIZENS’
PARTICIPATION – None.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS –
None.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JANUARY 18, 2007
THROUGH FEBRUARY 1, 2008 – ORDINANCE
Document No. 6809 was read. Council Member King moved
to approve the ordinance. Council Member Martin seconded the motion.
Responding to a Council question, staff stated that a recent payment to Clay County
Sanitary & Ditching represented about half the cost of the contract. The
project did not get started until late in the year to allow completion in the
Spring when there is the best chance for revegetation.
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. 9264.
B. AMEND CHAPTER 30, UNIFIED DEVELOPMENT
ORDINANCE, OF THE LIBERTY CITY CODE TO INCLUDE ATTACHED SINGLE-FAMILY DWELLING
UNITS FOR IN-FILL DEVELOPMENTS AND ADD UTILITY BOXES TO USES UNDER SPECIAL USE
PERMITS [CASE NO. 07-054A] –
ORDINANCE (SECOND READING)
Staff reviewed the process through which this
amendment was brought forward, noting that the Planning & Zoning Commission
directed staff to investigate options for allowing attached single-family
dwellings in infill development. In addition to rezoning, the special use
permit was seen as appropriate, given it provided a higher level of control, essentially
requiring the equivalent of a final development plan with the application. The
requirements for a public hearing, notice to adjacent property owners within
185 feet of the site, citizen protest petitions requiring a super-majority vote
all make the special use permit a good option in these circumstances. Staff
asked Council to focus on the amendment itself in its discussions, and not
address specific applications that might be made should this amendment be
adopted.
Staff responded to Council questions, noting that an
application for a special use permit could be submitted for any site meeting
the definition of infill, but other tests would apply including how the
proposed project would fit and blend in the area. This provides the most
protections for neighbors along with the rezoning of property. With a vacant
property zoned for mixed use, there would be several possibilities for
permitted projects, whereas the special use permit process would require
Planning & Zoning Commission and City Council consideration. A rezoning is
transferable to the new property owner and even though a special use permit is
also transferable, the new owner would be bound by the plan that was approved.
One of the driving forces with this amendment was the applicant who wanted to
build attached single-family dwellings but had to get the property rezoned in
order to do so. That applicant and other developers have expressed an interest
in having this type of restriction through the special use permit, so it is
clear what is being developed. Staff also clarified that applications may be
brought forward, even if there is insufficient information for the staff to
fully evaluate them. Under those circumstances, staff would not be able to
recommend the application, but it would be up to the Planning & Zoning
Commission and City Council to determine whether it was appropriate for the
project to proceed. Applications may only be stopped by the applicant or the
City Council; staff does not stop applications. Pursuing a special use permit
for infill provides a higher comfort level for the neighbors, allows a protest
petition to be presented by neighbors requiring the supermajority vote to be
approved by City Council and offers an option to those wanting to build
attached single-family dwellings, which is an emerging development trend.
Document No. 6798 was read. Council Member King moved
to approve the ordinance. Council Member Jenness seconded the motion. Council
Member Martin stated she would vote in favor of the ordinance because this
allowed the opportunity to look at each application individually and get
citizen input through the public hearing. Council Member Duncan stated this
amendment provides more flexibility and more control at the same time. The
motion carried 6-1-1. Council Member Foster voted in opposition. Council
Member Parry abstained with no reason stated. The ordinance was approved by
the Chair and is inscribed in Ordinance No. 9265.
C. COOPERATIVE AGREEMENT WITH LIBERTY PUBLIC
SCHOOL DISTRICT NO. 53 FOR USE OF BENNETT
PARK TENNIS COURT FACILITIES –
ORDINANCE (SECOND READING – Motion to reflect revised agreement per Council
direction)
Parks & Recreation Director Chris Deal reviewed
the history of cooperative use agreements between the City and the School District,
dating back to 1981. He noted that more recent agreements include a written
notice option. The Park Board met last week and unanimously recommended
approval of the revised agreement, citing the School’s investment warranted the
20-year duration of the agreement. The School
District agrees with the 90-day review
option being added. With the addition of two more courts for a total of six,
which is projected to increase the amount of time the public can use the
courts, it is recommended that the courts available for practice times not be
reduced. While the Park Board recommended removal of the seventh court from
the agreement, it was always intended that project would move forward with an
opportunity for public input.
Park Board President Bill Niffen, 1853 Mourning Dove Drive, stated this is a good agreement and the Park Board
voted unanimously to recommend its approval to City Council. Seven of the nine
Park Board members were present to show support for the project. He noted that
the 20-year term of the agreement would ensure students access to the courts
throughout their tenure. The School
District was making a significant
investment for the courts and more time would be available for public use.
This is a very fair arrangement. The City and the School District
need to continue working together and finding ways to benefit the kids.
Document No. 6801 was read. Council Member Martin
moved to approve the revised agreement as attached to the ordinance and
provided to Council at this meeting. Council Member Phillips seconded the
motion. Council Member Phillips stated he was absent when the agreement was
discussed at the previous Council meeting and wanted to state that he would
vote in favor of the agreement to approve a 20-year agreement for Liberty kids;
to show support for the Parks Director and Park Board, Assistant School
Superintendent, and School Board; and to support this type collaborative effort
between the City and its community partners for the benefit of Liberty
citizens. Council Member Martin thanked members of the Park Board for showing
their support by their attendance at this meeting. The motion carried 7-1-0. Council
Member Foster voted in opposition. It was approved by the Chair and is
inscribed in Ordinance No. 9266.
D. AMENDMENT TO TRAFFIC REGULATIONS – ORDINANCE
Document No. 6810 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. 9267.
E. APPROVAL OF GRANT APPLICATION FOR
ENFORCEMENT OF UNDERAGE DRINKING LAWS – RESOLUTION
Staff responded to Council questions by stating that a
resolution authorizing the grant application was a requirement of the
Department of Public Safety for submitting the application, though there is no
guarantee the grant would be awarded to the City.
Council Member Martin moved to approve the
resolution. Council Member Jenness seconded the motion, which carried
unanimously and is inscribed in Resolution No. 2336.
F. CONTRACT WITH METRO OFFICIALS ASSOCIATION
FOR BASEBALL AND SOFTBALL OFFICATING SERVICES AT FOUNTAIN BLUFF SPORTS COMPLEX
IN AN AMOUNT NOT TO EXCEED $130,000 – ORDINANCE
Staff responded to Council questions, confirming that
the costs of the officiating services are covered through participation fees.
Document No. 6811 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 King 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. 9268.
G. AGREEMENT WITH EARTH RIDERS TRAILS
ASSOCIATION FOR INSTALLATION AND MAINTENANCE OF TRAIL AT STOCKSDALE PARK –
ORDINANCE
Staff reviewed the proposed project which addresses
encouragement of a bike trail in the City’s Master Plan for Parks. Walnut
Woods is the property of the Department of Conservation, which has approved the
installation of the trail by volunteers in the Earth Riders Trails Association
(ERTA). Nearby residents were sent letters describing the project and two
calls were received by staff, asking about the trail and the hours it could be
used. The callers were pleased with the responses and offered no objections to
the project. A stipulation to the Department of Conservation approval was that
the International Mountain Bicycling Association (IMBA) design standards be
used on this trail. Proper insurance will be provided by ERTA.
Mayor Steinkamp clarified that the agreement attached
to the ordinance at the Council places was the agreement to be considered. In
response to Council questions, staff stated that the City is covering the costs
for the trail signage kiosks, and funds are available in the budget for trail
development. The trail will eventually be about six miles in length.
Approximately 3 miles of the trail will be installed this year with the
remaining portion installed next year.
Document No. 6812 was read. Council Member King moved
to waive the rules and consider the ordinance on first reading. Council Member
Jenness seconded the motion, which carried unanimously.
Council Member Martin moved to approve the agreement
as revised and attached to the ordinance provided to Council this evening.
Council Member Jenness seconded the motion. Council Member Martin welcomed the
project and stated she was pleased to have ERTA’s interest in Liberty Park system.
The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 9269.
X. OTHER BUSINESS
XI.
MISCELLANEOUS MATTERS FROM CITY
ADMINISTRATOR
Mr.
Anderson provided Council with information about a LEED for Homes webinar on
green building scheduled in the Council Chambers on Wednesday. Planning staff
is attending and Planning & Zoning Commission members and City Council are
invited to attend.
Mr.
Wenson announced City Hall would be closed for the President’s Day holiday on
Monday and there would be no Council study session on Tuesday. The next
Council meeting is scheduled for February 25.
XII.
MISCELLANEOUS MATTERS FROM MAYOR
AND CITY COUNCIL
Council Member Phillips thanked staff for working on Kansas Street
to improve safety.
Council
Member Martin asked for information about the agreement for veterinary services
that is being proposed. Police Chief Craig Knouse stated it is in response to
being made aware of state requirements related to euthanasia procedures and a
veterinarian must be present. All Liberty veterinarians were sent a request for bid and the
Veterinary Center of Liberty was the only one that responded. Council Member
Brenton asked about finding another funding source instead of using salary
savings, since some employees had not received any increases this year. Chief
Knouse stated that this was the only source to cover this expenditure without
resorting to cutting services.
Council
Member Foster asked the Public Works Director to thank the crews that had
plowed the streets, because they were in good shape and passable. Some streets
across the highway were not even plowed.
Council
Member Duncan stated that the art covers submitted for the Citizen contest
sponsored by the Liberty Arts Commission have been juried and the winner would
be announced on February 25. The entries may be viewed on Cable Channel 2.
Mayor
Steinkamp stated the HDLI breakfast is tomorrow morning. He also reminded
Council of the study session following this meeting and an executive session
which had been authorized would be held following the study session.
Mayor
Steinkamp spoke of the six lives lost in the City of Kirkwood last
week to a dispute that got out of hand. He asked everyone to pray for the
families and for all city officials and staff that work daily to benefit their
communities, hoping that something like this never happens again.
XIII. ADJOURNMENT
The meeting adjourned at 8:14 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk