CITY COUNCIL MEETING
MINUTES
MONDAY, AUGUST 11, 2008
COUNCIL CHAMBERS – 7:00 p.m.
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 August 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 Lyndell Brenton, 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; John Parry and Lyndell Brenton, 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;
Linda Tyree, Finance Director; Steve Anderson, Development Director; Gary Birch, Fire Chief; Dennis Dovel, Acting
Parks & Recreation Director; Anna Slocum, Assistant Parks & Recreation
Director; Leann Lawlor, Senior Services Co-ordinator; Amy Brusven, Human
Resources Director; Sara Cooke, Public Relations Coordinator; Shawnna
Funderburk, Assistant to the City Administrator; Janet Pittman, Interim Deputy
City Clerk; Alvin Chang, The Kansas City Star; Angie Borgedalen, Liberty
Tribune and 8 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES (SEE CONSENT AGENDA)
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp read the White Cane Days proclamation and presented it to Liberty
Lions Club members Brian Miller, Don Baken and Tri Knoke.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
IX. ORDINANCES, CONTRACTS AND RESOLUTIONS
A.
ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JULY 18, 2008
THROUGH AUGUST 1, 2008
Document No. 6896 was read. Council Member King moved to approve the
vendor payments. Council Member Brenton
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. 9345.
B. AMENDMENT TO THE UNIFIED DEVELOPMENT
ORDINANCE (CHAPTER 30, LIBERTY
CODE OF ORDINANCES) AMENDING THE HISTORIC PRESERVATION DISTRICT DEMOLITIONS
STANDARDS – ORDINANCE (SECOND READING)
In response to Council questions, staff noted that the
option of postponing the request for up to 180 days was to allow time for the
property owner to explore alternatives to demolition, and the time period could
be shorter than 180 days. Staff clarified
that the three part test for demolition states that all three, not just one, of
the following criteria must be met: the structure has been substantially
damaged through fire, deterioration, or natural disaster; the structure does
not possess the integrity, originality, craftsmanship, and age to merit
preservation; and there is substantial evidence that it would not be physically
or economically viable to rehabilitate the structure.
Document No. 6888 was read. Council Member Martin moved to approve the
ordinance. Council Member Duncan
seconded the motion, which carried 6-2-0. Council Member Foster and Council Member Parry voted
in opposition to the motion. It was approved by the Chair and is inscribed in
Ordinance No. 9346.
C. BALLOT LANGUAGE RELATED TO REVISION OF
CAPITAL SALES TAX, TRANSPORTATION SALES TAX AND
ISSUANCE OF GENERAL OBLIGATION BONDS (SECOND READING)
In
response to Council questions, staff
stated that the ½ cent Capital tax could be extended to domestic utilities in
the future by a vote of the Council.
Legal Counsel Chris Williams clarified that the ballot language that
states ‘and which may include the retirement of debt under previously
authorized bonded indebtedness’, is required to be included by State Statute.
Staff
stated that the ballot language identifies how the funds will be spent;
however, it doesn't just limit it to that.
The language outlines the minimum, but provides flexibility for the
future should priorities change ten years from now. Mayor Steinkamp added that the charge of the Citizen
Sales Tax Oversight Committee is to determine that the funds are spent in the
spirit of the original intent; however, should development occur, or conditions
change in the future, it allows for flexibility with proper controls.
In
response to Council questions, staff stated that proposed ordinances one and
two would provide the revenue source that would pay for bond debt used to fund
South Liberty Parkway Phase II. Staff clarified
that issuance of 23 million dollars in bonds would be based on the City's
capacity to pay, and allows for flexibility in the future if the triggers are
met. Mayor Steinkamp added this
ordinance asks for authorization to issue bonds; however, future Councils would
make the decision to move forward if it is determined there is the capacity to
pay. Staff noted that these ordinances
are based on conservative projections and focus on meeting basic service needs;
however, should additional revenues come in and Council's priorities change,
there would be the ability to complete other projects. Mayor Steinkamp stated that passage of these ordinances
would free up 42 percent of the general fund to address other concerns. He noted that with no new dedicated revenue
source such as a Public Safety tax, freeing up the 42 percent is needed to
address general budget obligations.
Council
Member Brenton stated that during the Liberty For All process the participants
realized this need and endorsed the passage of these three ordinances as they
are necessary to accomplish what is envisioned by those citizens. He stated that resident concerns of having a
20 year sunset compared to a 10 year sunset are alleviated by having the Citizen
Sales Tax Oversight Committee in place to ensure that the spirit of voter
intent is maintained. Also, by
increasing the transportation tax this gives people using the City's
infrastructure, but are not residents, the ability to help pay for their
use.
Council
Member King asked if the 42 percent is returned to the General Fund, the funds
generated by the increased transportation tax would result in a shortfall. Staff stated that of the 42 percent, funds
were spent on equipment needs and Parks Department support and not entirely on
infrastructure needs. The increased
transportation tax will be allocated to infrastructure and returning the 42
percent to the General Fund will allow for issues such as Police Department
staffing and IT needs to be addressed.
Mayor
Steinkamp noted that these ordinances are on second reading and, while not a
public hearing, he would allow time for public comment.
Fay
Bedinger, 232 W. Franklin, stated she participated in the Liberty For All
process, and the need to issue 20 year bonds versus 10 year bonds was
emphasized because the monies could be extended out.
1.
BALLOT CERTIFICATION FOR CAPITAL SALES TAX
REVISION – ORDINANCE
Council
Member Jenness commended staff on the work put into the development of the
ballot ordinances and stated he would vote yes.
He did note that though he couldn't fully endorse them yet, there would
be time to work on this and to communicate with people. Council Member Martin also stated her
appreciation of staff and the guidance Council received to get to this point. Council Member Phillips stated that he
appreciated the thorough work of staff and the ballot ordinances are presented
in the spirit of the Liberty For All process, and would enable the residents to
make decisions about the future of the community. Council Member Duncan stated there was a lot
of volunteer effort involved in the Liberty For All process and that passage of
the ballot ordinances would give the group a good foundation, and would also
put future Councils in a different position from the one the current Council is
in.
Council
Member King stated that extension of the ½ cent Capital Sales Tax is critical
to Liberty's future; however, this ordinance is
about ballot language and he had hoped other groups would have had an
opportunity to have a say in the wording.
He stated that by tightening up the language the Citizen Sales Tax
Committee would have a clearer guide. He noted he is in favor of extending the
tax, but would vote no against the proposed ballot language.
Document No. 6891 was read. Council Member Martin moved to approve the
ordinance. Council Member Brenton
seconded the motion, which passed 6-1-1. Council Member King voted in opposition and
Council Member Parry abstained. It was
approved by the Chair and is inscribed in Ordinance No. 9347.
2. BALLOT CERTIFICATION FOR TRANSPORTATION
SALES TAX REVISION – ORDINANCE
Document No. 6892 was read. Council Member Martin moved to approve the
ordinance. Council Member Phillips
seconded the motion, which passed 6-1-1. Council Member King voted in opposition and
Council Member Parry abstained. It was
approved by the Chair and is inscribed in Ordinance No. 9348.
3.
BALLOT CERTIFICATION FOR GENERAL OBLIGATION
BONDS – ORDINANCE
Document No. 6893 was read. Council Member Phillips moved to approve the
ordinance. Council Member Martin
seconded the motion, which passed 7-0-1.
Council Member Parry abstained.
It was approved by the Chair and is inscribed in Ordinance No. 9349.
Council Member
Parry stated that the reason he abstained from voting on the ordinances is due
to a potential conflict of interest as he owns property near South Liberty Parkway and may benefit economically.
D. ACCEPTANCE OF EASEMENT FOR STORMWATER
DETENTION FACILITIES - OAKWOOD
BUSINESS
PARK,
TRACT 10A – ORDINANCE
Document No. 6897 was read. Council Member Brenton moved to waive the
rules and consider the ordinance on first reading. Council Member Phillips 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. 9350.
E. KINGSTON COURT
STORM WATER IMPROVEMENT PROJECT
1. FINAL AMENDMENT TO CONTRACT WITH CLAY
COUNTY
SANITARY & DITCHING CO., INC. – ORDINANCE
In response to Council questions, staff stated that
the amendment includes adjustments in costs for modifications that were
incorporated into the project during the course of construction, including a
sanitary sewer relocation, and additional sidewalk and driveway replacement
that were not originally anticipated.
Document No. 6898 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Brenton seconded the motion,
which carried unanimously.
Council Member Phillips 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. 9351.
2. ACCEPTANCE OF PROJECT – RESOLUTION
Council Member Brenton moved to approve the
resolution. Council Member Martin
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2375.
F. MID-AMERICA REGIONAL COUNCIL SENIOR
SERVICES CONTRACTS
1. AMENDMENT TO AGREEMENT PERTAINING TO
TRANSPORTATION SERVICES- ORDINANCE
Document No. 6899 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 Jenness moved to approve the
ordinance. Council Member Duncan
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9352.
2. AMENDMENT TO AGREEMENT PERTAINING TO
SENIOR CENTER ADMINISTRATION - ORDINANCE
Document No. 6900 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 Jenness
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9353.
X.
OTHER BUSINESS
A.
APPROVAL OF EMERGENCY TRAFFIC SIGNAL
CONTROLLER REPAIRS – MOTION
In response to Council questions, staff stated that
accidents of this nature can’t be completly prevented. In this case, the
controller box was knocked off of its base and turned upside down, exposing it
to a heavy downpour that caused extensive water damage to the equipment inside
the cabinet.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr. Wenson advised that staff received a complaint in
the form of a petition regarding the condition of the Liberty Female College.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council Member Phillips thanked the Mayor for
navigating the Council through the process of getting these three items on the
ballot for November, and that this will be a lasting gift from this Council to
the residents. He also stated that he
appreciated the positive comments from the bus riders regarding Council’s
action to ensure enhanced bus service.
Council Member Martin agreed with Council Member
Phillips’ comments. She added she had
been to New Town at St.
Charles and the
development looked wonderful and is doing well, and the people continue to be enthusiastic
about the Liberty project.
Council Member Brenton said the overlay program has
been well received. He thanked Council
Member Parry and Council Member King for stating the reason for their votes on
the ballot ordinances. He stated that
now that the ordinances have passed, it is critical that Council rallies behind
these ballot issues.
Council
Member Foster thanked Public Works staff for their work near Natchez and Magnolia.
Council Member Jenness stated that he had also received
positive comments regarding the overlay program, especially the addition of the
turn lane onto Nashua. Staff stated
that this was a citizen suggestion that was able to be incorporated into the project.
Council Member Duncan stated he was eager to see the
ballot initiatives move forward and this is an exciting time for the Council to
work together.
Council Member Parry thanked staff for their response
regarding AT&T’s responsibility to maintain the landscaping around the
utility boxes. Staff noted that AT&T
does try to work with the property owners to maintain the areas; however, those
are private arrangements.
Council Member King asked if AT&T could broadcast
City Council meetings as well. Staff
stated they are working towards that.
Mayor Steinkamp stated he had recently attended a
regional Mayors caucus where he indicated his support of such an initiative. He noted it is important to build a bond
between Mayors as there are common regional issues that affect all of the
cities in the area.
XIII. ADJOURNMENT
The meeting adjourned at 8:20 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk