CITY COUNCIL
MEETING
MINUTES
MONDAY, NOVEMBER 10, 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 November 10, 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 Paul Jenness, 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, Assistant
City Administrator; Steve Hansen, Public Works Director; Jim Simpson, Deputy Police
Chief; Dennis Dovel, Acting Parks & Recreation Director; Linda Tyree,
Finance Director; Gary Birch, Fire Chief; Steve Anderson, Development Director;
Jonna Wensel, Community Development Manager; Tony Sage, Information Services
Director; Jeremy Adams, Building Inspections Manager; Shawnna Funderburk,
Assistant to the City Administrator; Janet Pittman, Interim Deputy City Clerk; Gene
Hansen, The Kansas City Star; and 11 members of the public.
IV. APPROVE MINUTES AND SUMMARIES (SEE CONSENT
AGENDA)
V. CITIZENS’
PARTICIPATION
VI. MEETING SCHEDULE
B.
REGULAR SESSION MINUTES OF OCTOBER 27, 2008
C.
STUDY SESSION SUMMARY OF OCTOBER 27, 2008
D.
TEMPORARY EVENT LIQUOR LICENSE FOR
CORBIN THEATRE COMPANY – RESOLUTION
E.
FILING PERIOD FOR CANDIDATES FOR
MUNICIPAL OFFICES – RESOLUTION
VIII. PUBLIC HEARINGS
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM OCTOBER
17 THROUGH OCTOBER 31, 2008 – ORDINANCE
Document No. 6934 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
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. 9380.
Council Member Phillips stated a conflict of interest
with regard to the next matter on the agenda and left the meeting.
B.
CERTIFICATE OF
APPROPRIATENESS FOR THE DEMOLITION OF 438 E. FRANKLIN STREET – RESOLUTION
Staff presented the application on behalf of the City
of Liberty, requesting a certificate of appropriateness for the demolition of the
structure located at 438 E. Franklin
Street. In response to a neighborhood
petition claiming that the subject property was in violation of the City’s
Dangerous Building Code, staff conducted a visual inspection of the property
and determined that the condition was such that a professional structural
engineer should be commissioned to inspect the property. The City hired Norton
& Schmidt to conduct an inspection of the building and deliver a report to
the City outlining their findings. The findings of the report indicate that
the structure should be considered dangerous pursuant to Article VII of Chapter
6 of the Liberty City Code – Dangerous Building Code. The property owner
agreed with the findings of the report and noted they have no intention of
further pursuing either the rehabilitation or the demolition of the structure,
essentially deferring to the City on this matter. Finding rehabilitation to be
impractical due to structural and financial deficiencies, the owners had
previously requested a Certificate of Appropriateness for demolition in May
2008. The City Council voted at that time against the request for demolition.
This application is different from previous applications as it coming forward
under the Dangerous Building Code section with the City of Liberty being
the applicant.
In response to Council’s questions, staff stated that
it was designated as a landmark by the City of Liberty for its heritage as a
female college. The building has had extensive physical alterations and no
longer has any architectural significance.
Warren Schwabauer, Norton & Schmidt, 311 East 11th Avenue, North Kansas City, conducted this inspection as well as one in March
2001 for a previous owner. He stated the previous inspection was pertaining to
a load bearing wall that had been previously removed. He noted the building
has numerous structural deficiencies that became visible once recent remodeling
efforts began.
Mayor Steinkamp stated that no public hearing was
required, but offered an opportunity for public comment.
Brad Charles, 430 E. Franklin, stated he is a
neighbor as well as in the business of restoring antiques. He noted that he
knows when something is restorable or not. This is a hazardous building beyond
repair, and it should be demolished.
Gordon Hadden, 449 E. Kansas, stated he had bought a
home destroyed by fire and restored it. This is the third time this request
has been brought forward, and it is because Council put the neighborhood in a position
that they had to petition the Council to do what was right. The building is
not restorable. He requested that Council follow the City Code and demolish
the building as it has become a public nuisance.
Doug Wilson, 449 E. Mississippi, stated his property
shares an alley with this property. He asked that the Council follow its own
Code which says that if a building is deemed hazardous it should be taken
down. This building met 10 out of 10 of the criteria and the ordinance clearly
states the two options are either demolition or repair. If Council votes no on
this application and then doesn’t repair the building they are then responsible
for this public nuisance. It is Council’s duty to ensure the well being of the
community, and this application should be approved.
Fran Heebner, stated she lives across the street from
the building. She would like to live across from a safe house, and this
building has been deemed not safe. She asked Council to put aside petty
differences and do what’s right by taking the building down.
Elaine Reynolds, 409 E. Franklin, stated she is a professor
of history and an area resident. She appreciates what the City has done to
encourage historic preservation, but she said it is a fact of history that not
everything can be preserved. There is nothing remaining of this building that
is worth preserving.
Council Member Duncan moved to approve the
resolution. Council Member Brenton seconded the motion.
Council Member Jenness moved to amend the resolution
by adding that the bill for the Norton and Schmidt engineering inspection
report be passed on to the current building owners. The motion failed due to
the lack of a second.
Council Member King stated that the property owner has
not had a chance to seek out all available appeal processes for their prior
application. Council Member King moved to table the resolution in order to
allow the property owner to go through the appeal process. Council Member Parry
seconded the motion.
Council Member Brenton stated that this is bureaucracy
at its craziness, using technicalities and high jinks, for something that has
been obvious for some time. He asked how much more effort from the residents,
staff and consultants should be put into this, noting that the Historic
District Review Commission voted 6-0 in favor of demolition.
In response to Council’s questions, the City’s legal
counsel George Kapke stated the property owners would have had 30 days from the
date of Council’s previous action to appeal the decision to the circuit court.
Because more than 30 days has passed, the request would be banned.
Council Member Duncan stated that tabling this item
would be absurd. Any more time or money on this subject would be an affront to
the HDRC, experts and staff.
Council Member King stated he was under the impression
there was a longer time to appeal and withdrew his motion.
In response to Council’s questions, Mr. Kapke stated
that the City has the option to demolish or to rehabilitate the building. The
costs associated with rehabilitating the building could be assessed to the
property, but the City cannot force the owners to make the necessary repairs.
Council Member Duncan stated that this application is
on behalf of the City of Liberty under the Dangerous Building Code and it meets 10 out
of 10 criteria identified.
The vote on the main motion carried 4-3-0. Council
Members King, Parry and Foster voted in opposition. It is inscribed in
Resolution No. 2389.
Council Member
Phillips returned to the meeting.
C. TERMINATION AND RELEASE AGREEMENT WITH THE TIF COMMISSION
OF KANSAS CITY AND THE LIBERTY PUBLIC SCHOOL DISTRICT – ORDINANCE
(Second Reading)
Council Member Martin moved to approve the ordinance.
Council Member Brenton seconded the motion, which carried 6-2-0. Council Members
Parry and King voted in opposition. It was approved by the Chair and is
inscribed in Ordinance No. 9381.
D. AGREEMENT WITH MID-AMERICA REGIONAL COUNCIL
SOLID WASTE MANAGEMENT DISTRICT FOR REGIONAL HOUSEHOLD HAZARDOUS WASTE PROGRAM
PARTICIPATION – ORDINANCE
In response to Council’s questions, staff stated that
approximately 320 vehicles participated in the recent mobile event. Most of
the metro-area cities participate in the program which allows residents to use
permanent collection facilities throughout the metro, in addition to
participating in the mobile collection events, without additional charge.
Council Members noted concerns regarding appropriating 2009 funds prior to
seeing the proposed budget. Staff stated that this amount had been included in
the 2009 budget; however, approval at this meeting is not essential.
Document No. 6935 was read. Council Member Martin
moved to waive the rules and consider the ordinance on first reading. Council
Member Jenness seconded the motion, which failed to carry unanimously. The
ordinance will go to second reading on November 24, 2008.
E.
RESOLUTION IN SUPPORT OF A
NEIGHBORHOOD STABILITY PROGRAM GRANT - RESOLUTION
Council Member Brenton moved to approve the
resolution. Council Member Martin seconded the motion, which carried
unanimously and is inscribed in Resolution No. 2390.
X. OTHER BUSINESS
A. APPROVAL OF LANDMARK AVENUE EMERGENCY STORM
SEWER REPAIRS - MOTION
In response to Council’s questions, staff stated that
Council will receive copies of the Citizen Sales Tax Oversight Committee
meeting minutes.
Council Member King moved to approve the emergency
repair. Council Member Martin seconded the motion, which carried unanimously.
XI.
MISCELLANEOUS MATTERS FROM CITY
ADMINISTRATOR
Mr. Wenson stated that Council would meet
in study session on Thursday, November 13 as well as on Monday, Tuesday and
Wednesday of next week regarding development of the 2009 budget.
XII.
MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips stated that Tuesday was a great day for Liberty
citizens and thanked the Mayor and Council for their efforts regarding passage
of the ballot initiatives.
Council
Member King stated he would like to receive a copy of the information provided
to the Citizen Sales Tax Oversight Committee, in addition to the committee’s
meeting minutes.
Mayor
Steinkamp reminded Council of the upcoming tree lighting ceremony on November
21 and the Partnership for Community Growth and Development’s breakfast on
November 25. He agreed that Tuesday was a good day for Liberty, and
that all three ballot initiatives passed quite handily. He noted that the
voter turn out rate was over 70 percent compared to the previous Municipal
Election which was 10-12 percent. He thanked everyone for their support.
Mayor
Steinkamp noted the new flag in Council Chambers. He stated the flag, at the
request of Senator Bond, had been flown over the United States Capital on August 30, 2008, in commemoration
of the 200th Anniversary of Alexander W. Doniphan’s birth on July 9.
XIII. ADJOURNMENT
The meeting adjourned at 8:20 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk