CITY COUNCIL MEETING

MINUTES

MONDAY, SEPTEMBER 22, 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 September 22, 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 Nick King, who then led the pledge of allegiance.

 

III.       ROLL CALL

 

Roll call was answered by Paul Jenness and Harold Phillips, Ward I; Greg Duncan, 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; Tim Moore, Police Lieutenant; Linda Tyree, Finance Director; Steve Anderson, Development Director; Karan Johnson, Planning and Economic Development Manager; Katherine Sharp, Planner; Gary Birch, Fire Chief; Dennis Dovel, Acting Parks & Recreation Director; Leslie Myers, Information Services Specialist III; Shawnna Funderburk, Assistant to the City Administrator; Sara Cooke, Communications Manager; Janet Pittman, Interim Deputy City Clerk and 15 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES (SEE CONSENT AGENDA)

 

A.                 SPECIAL SESSION MINUTES OF SEPTEMBER 15, 2008

 

Council Member King moved to approve the minutes as distributed.  Council Member Duncan seconded the motion, which carried 6-0-1.  Council Member Brenton abstained, due to absence.

 

V.        CITIZENS’ PARTICIPATION

 

Mayor Steinkamp welcomed Boy Scout Andrew Lunnen with Troop 418 who is working on his Citizenship in the Community Badge.

 

Fielding Staton, 1113 Aspen Drive, stated he wanted to tell Council he had worked with City staff to come up with a solution regarding the matter he discussed at the last meeting.

 

Ida Wonschik, 447 N. Leonard, stated her property backs onto Lightburne and invited Council to come by to observe the traffic and noise.  She also wanted to bring to Council’s attention that the bump outs on Kansas Street are poorly designed and water is not draining correctly.  Ms. Wonschik provided pictures to Council of Kansas Street as well as information pertaining to rain gardens.  She also stated that on her block you can’t get from one corner to another and requested a section of wheelchair accessible sidewalk be installed.

 

Karen Mische, 1005 Bunting, stated she lives in the Claybrook subdivision and there are now two more drug houses in the neighborhood and the landlords won’t do anything about it.  She noted they have a Neighborhood Watch program and she is tired of dealing with this issue.

 

Sandy Tout, 1863 Chickadee, stated that city government should provide for a safe place to live.  She noted there are drug houses in the neighborhood and that Council should recognize that the citizens’ needs are not being met.  Ms. Tout stated that slumlords should be required to register with the City and if the properties are drug houses then the City should take their homes.  She also recommended a curfew be instated, and said that if there was one the majority would follow it if it was the law.

 

Fay Bedinger, 232 W. Franklin, stated she was concerned about fluoride in the water.  She requested the City stop adding fluoride to the water because too much can kill a person.

 

Pat Miller, 1955 Kings Highway, stated she was saddened by the lack of empathy towards business owners at last week’s study session regarding a potential smoking ban.  She stated Liberty can ill afford to lose business and questions the timing of this issue, and a complete ban is certainly not a desired solution.

 

Patricia Butler, 208 Wilshire Blvd., stated she is the owner of the Trails Inn and spoke regarding the potential smoking ban. She stated they are keeping their head above water and she would like to stay in business.  She noted she is a non-smoker and it is wrong to take smoker’s rights away.

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 REGULAR SESSION MINUTES OF SEPTEMBER 8, 2008

 

Council Member Phillips moved to approve the minutes as distributed.  Council Member Brenton seconded the motion, which carried unanimously.

 

B.                 EXECUTIVE SESSION MINUTES OF SEPTEMBER 15, 2008

 

Council Member Phillips moved to approve the minutes as distributed.  Council Member Brenton seconded the motion, which carried unanimously.

 

C.                 APPOINTMENTS

 

Liberty Housing Authority

Appoint Bruce Ross to a term expiring 7-1-2010

 

Council Member Phillips moved to approve the appointment.  Council Member Brenton seconded the motion, which carried unanimously.

 

VIII.     PUBLIC HEARINGS

 

A.                 SPECIAL USE PERMIT FOR A BED AND BREAKFAST AND EVENT CENTER AT 102 N. LA FRENZ ROAD – RESOLUTION

 

Staff reviewed the application for a special use permit to allow small group events and a three room bed and breakfast.  Staff noted that the application meets the standards of review and the Planning and Zoning Commission recommended approval by a vote of 8-0.

 

In response to Council questions, staff stated the water pressure is adequate for this proposed use.  If in the future an application is submitted to modify the use it may trigger an upgrade to the water line at that time.  In further response, staff stated the applicant is not seeking a liquor license at this time.

 

Mayor Steinkamp opened the public hearing and asked if anyone wished to speak to the application.  The applicant, Ellen Hill, 4115 NW Caramel Court, Blue Springs, stated that they had originally discussed obtaining a liquor license but decided to not pursue one at this time.

 

Seeing no one else wishing to speak, Mayor Steinkamp closed the public hearing.

 

In response to Council questions, staff stated that an expansion to the square footage of the building would require an upgrade from a residential to a commercial sprinkler system.

 

Council Member Phillips moved to approve the resolution.  Council Member Jenness seconded the motion.  The motion to approve the resolution carried unanimously and is inscribed in Resolution No. 2378.

 

B.                 SPECIAL USE PERMIT TO ALLOW THE PLACEMENT OF UTILITY BOXES AT 1300 BIRMINGHAM RD., 1920 FLINTLOCK RD. AND 1900 CLAYBROOKE DR. – RESOLUTION (to be continued to the October 27, 2008 Regular Session)

 

Mayor Steinkamp opened the public hearing. 

 

Council Member King moved to continue the hearing to the October 27, 2008 City Council Regular Session.  Council Member Phillips seconded the motion, which carried unanimously.

 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.                 ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM AUGUST 29, 2008 THROUGH SEPTEMBER 12, 2008

 

1.                   EXCLUDING KCP&L AND AQUILA PAYMENTS – ORDINANCE

 

In response to Council questions, staff stated that the payment to System Controls may have been associated with crash repairs; however, staff noted the company does ongoing repair work for the City and staff would verify what this specific charge related to.  Staff also stated they would look at consolidating pest control services for all City facilities if group discount pricing could be obtained.

 

Document No. 6909 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 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. 9366.

 

2.                   KCP&L AND AQUILA PAYMENTS – ORDINANCE

 

Document No. 6910 was read.  Council Member King moved to approve the vendor payments.  Council Member Jenness seconded the motion.  Vote on the motion was as follows:  Council Member Phillips – yes; Council Member Brenton – abstain; Council Member Foster – yes; Council Member Jenness – yes; Council Member Duncan – yes; Council Member Parry – yes; Council Member King – yes.  The motion carried 6-0-1; with Council Member Brenton abstaining, due to a potential conflict of interest.  It was approved by the Chair and inscribed in Ordinance No. 9366.

 

B.         AMENDMENT TO CITY CODE, CHAPTER 31, STORMWATER MANAGEMENT – ORDINANCE

 

            In response to Council questions, staff stated this is the first major revision to stormwater management since 1996 and these modifications are required for the City to be in compliance with state and federal regulations.  Staff further added they will have information pertaining to these revisions available at the next quarterly meeting for area developers.

 

            In response to Council questions, staff stated the inclusion of the section prohibiting illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection, was required in order to be in compliance and provides the City with latitude in addressing potential problems arising from illicit discharge.  Staff stated that the authorized enforcement agency is the City of Liberty Public Works department and noted that contractor appeals to the Clay County Circuit Court, rather than the City Administrator or City Council, is consistent with other stormwater management ordinances.

 

Document No. 6911 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Brenton seconded the motion, which carried unanimously.

 

            Council Member King moved to approve the ordinance.  Council Member Phillips seconded the motion.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9360.

 

C.         ACCEPTANCE OF STORM DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE MACK STREET IMPROVEMENT PROJECT – ORDINANCE

 

Document No. 6912 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.

 

Council Member King moved to approve the ordinance.  Council Member Jenness seconded the motion.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9361.

 

D.        ACCEPTANCE OF STORM DRAINAGE, SANITARY SEWER, WATER MAIN AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE COLLEGE PARK NEIGHBORHOOD IMPROVEMENT PROJECT – ORDINANCE

 

Staff stated the project is going well and that the College Street area is complete.  The project should be complete in a couple of months, weather permitting.

 

Document No. 6913 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 King moved to approve the ordinance.  Council Member Jenness seconded the motion.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9362.

 

E.         ACCEPTANCE OF EASEMENT FOR PUBLIC UTILITY MAINS LEWIS & CLARK ELEMENTARY SCHOOL PARKING LOT EXPANSION – ORDINANCE

 

Document No. 6914 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Duncan seconded the motion, which carried unanimously.

 

            Council Member Jenness moved to approve the ordinance.  Council Member King seconded the motion.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9363.

 

F.         APPROVAL OF CONTRACT FOR PAVEMENT MANAGEMENT SERVICES WITH MISSION GEOGRAPHIC INFRASTRUCTURE SOLUTIONS IN AN AMOUNT NOT TO EXCEED $24,854 – ORDINANCE

 

Staff stated this would be the first time in the last five years that the condition analysis of all paved streets in the City would be conducted.  This information would then be included in the City’s data system and used to assist in identifying the initial list of projects for the 2009 overlay program.

 

Document No. 6915 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.

 

            Council Member Jenness moved to approve the ordinance.  Council Member Brenton seconded the motion, which carried 6-1-0.  Council Member Parry voted in opposition.  It was approved by the Chair and is inscribed in Ordinance No. 9364.

 

G.         APPLICATION FOR 2009 LOCAL LAW ENFORCEMENT BLOCK GRANT – RESOLUTION

 

Council Member Phillips moved to approve the resolution.  Council Member Jenness seconded the motion.  The motion to approve the resolution carried unanimously and is inscribed in Resolution No. 2379.

 

H.        APPLICATION FOR HISTORIC PRESERVATION FUND GRANT – RESOLUTION

 

Council Member Phillips moved to approve the resolution.  Council Member Jenness seconded the motion.  The motion to approve the resolution carried unanimously and is inscribed in Resolution No. 2380.

 

I.          FUNDING AGREEMENT AND AN OPTION TO PURCHASE AGREEMENT FOR FLINTLOCK ROAD AND PLUMMER ROAD - ORDINANCE

 

Staff presented the two complimentary agreements for acquisition of easements necessary for development of the Whitehall project.  Staff stated that the costs associated with this option contract will be the responsibility of the developer.

 

In response to Council questions, staff stated that Plummer Road would be a main entrance to the Ford plant and that Ford staff reviewed the turning radius for large trucks, and will be involved in the design of the street.  Staff further stated that South Liberty Parkway has been built to accommodate heavy truck traffic.

 

Document No. 6916 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Jenness seconded the motion, which carried unanimously.

           

Council Member Jenness moved to approve the ordinance.  Council Member Duncan seconded the motion.  The motion carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9365.

 

X.         OTHER BUSINESS

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Phillips stated he was amazed at the amount of damage to the headstones in Fairview Cemetery and wanted to make sure that the City wasn’t causing the damage.  He also discussed the ‘do not’ signage at the entrance of the cemetery and asked if there could be a more welcoming way to address the issue.

 

Council Member Phillips stated that the current set-up for study sessions is not the most conducive format and asked if alternatives could be looked at.

 

            Council Member Parry asked when the crosswalks on Liberty Drive would be completed.  Staff stated they will follow up on the installation of wheelchair accessible ramps at Pershing/Mid-Jay Drive and Wilshire Drive/Liberty Drive.

 

            Council Member King asked if the deteriorating curbs at 291 Hwy. and Liberty Drive can be cleaned up, or if it is the State’s responsibility.  Staff stated they have been in contact with the State and will continue to follow up on this issue.

 

            Council Member King discussed the vandalism issues in the Claywoods sub-division and the impression that the Police Department has their hands tied because they don’t have tools in place to take action.  He stated he would like to see the Council move forward to resolve the rental situation, and address curfew and noise ordinances.  Staff stated that if this is a priority for Council these issues could be brought forward at a November or December study session.       Council expressed an interest in addressing these issues; however, because of the detailed budget process this year there was concern regarding the timeline and the urgent priority of addressing this before the end of the year as there is with development of the budget.  Council Member King stated that the budget is important and he wanted Council to remember that the citizens are suffering and to make this a priority as soon as possible.

 

            Council Member King stated he had met with a company that sells water systems to municipalities and that he is concerned about the fluoride in the water.  He suggested Council should get more information about this issue.

 

            Mayor Steinkamp reminded Council that the Missouri Municipal League dinner meeting is October 16.  He noted that he continues to attend regional transit meetings in addition to being part of the Mayor’s Caucus executive committee.  

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:33 p.m.

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

_____________________________________

Deputy City Clerk