CITY COUNCIL MEETING
MINUTES
MONDAY, JUNE 14, 2004
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 14, 2004 with Mayor Stephen P. Hawkins presiding. Mayor Hawkins called the meeting to order at 7:04 p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The
invocation was given by Council Member Jim Robertson, who then led the pledge
of allegiance.
III. ROLL CALL
Roll
call was answered by Mayor Stephen P. Hawkins; Coni Hadden, Ward I; LeRoy Coe
and Anna Marie Martin, Ward II; Lyndell Brenton and Juarenne Hester, Ward III;
and Bill Parker and Jim Robertson, Ward IV.
Also in attendance were Patty Gentrup, City Administrator; Steve Hansen,
Public Works Director; Chris Deal, Parks & Recreation Director; Dennis
Dovel, Sports Complex Manager; Donna Kay Taylor, Community Center Manager;
Kathy Goode, Assistant Finance Director; Mary Towse, Human Resources Director;
Steve Anderson, Planning & Development Director; Gary Birch, Fire Chief;
Craig Knouse, Police Chief; Sara Cooke, Public Relations Coordinator; Lyndsay
Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Summer Harlow, The
Kansas City Star; Angie Borgedalen, Liberty Tribune; Joe Cook, Liberty Sun
News; and 19 members of the public.
IV. APPROVE MINUTES AND SUMMARIES
A.
REGULAR SESSION
MINUTES OF MAY 24, 2004
Council Member Brenton asked that the minutes be
corrected as to the spelling of his name in the Roll Call. Council Member Martin moved to approve the
minutes as amended. Council Member
Hester seconded the motion, which carried 5-0-2. Council Member Parker and Council Member Coe
abstained due to absence.
B.
STUDY SESSION
MEETING SUMMARY OF JUNE 7, 2004
Council Member Hester moved to approve the meeting
summary as distributed. Council Member
Brenton seconded the motion, which carried 6-0-1. Council Member Robertson abstained due to
absence.
V. CITIZENS’ PARTICIPATION
Mayor
Hawkins recognized the following scouts with Troop 374 who are currently
working on their communication badges:
Kris Jones, Josh Drummond, Cory Jenson, and Jace Gilmore. Francis Jones, Eric Jenson and Mike Gilmore
accompanied their sons to the meeting.
Mayor
Hawkins recognized the following scouts with Troop 148, working on their citizenship
& the community badges: Gabriel
Munoz, Johann Munoz and Sadoc Munoz.
Parents and a sister attending the meeting with these scouts were George
Munoz, Rosa Munoz and Marcella Munoz.
VI. MEETING SCHEDULE
Mrs.
Gentrup stated there would be no study session on June 21 and the Council would
meet next in regular session on June 28.
A.
APPOINTMENTS
Park & Recreation Board
Reappoint Barb Lozier to a term expiring 06/01/07.
Council Member Brenton moved to approve the
appointment. Council Member Coe seconded
the motion, which carried unanimously.
B. AUTHORIZATION
OF PAYMENT IN THE AMOUNT OF $8,368.10 TO SYSTEM CONTROLS FOR REPAIRS TO CITY
HALL FOUNTAIN – MOTION
Council Member Brenton moved to approve the
payment. Council Member Coe seconded the
motion, which carried unanimously.
C. PURCHASE
OF FITNESS EQUIPMENT FOR THE COMMUNITY CENTER FROM ORTHO TECH SPORTS MEDICAL
EQUIPMENT IN THE AMOUNT OF $10,385 – MOTION
Council Member Brenton moved to approve the
purchase. Council Member Coe seconded
the motion, which carried unanimously.
VIII. PUBLIC HEARINGS – None.
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM MAY 21, 2004 THROUGH JUNE 11, 2004 – ORDINANCE
Document No. 6216 was read. Council Member Martin moved to approve the
ordinance. Council Member Hadden
seconded the motion.
Council Member Martin asked if check no. 82726 was a
final payment for the west interceptor repair.
Mrs. Gentrup stated the end of the project had been delayed again due to
the rain and final invoices would be paid when the project was completed.
Vote on the motion was as follows: Council Member Martin – yes; Council Member
Hester – yes; Council Member Parker – yes; Council Member Hadden – yes; Council
Member Coe – yes; Council Member Brenton – yes; Council Member Robertson –
yes. The motion carried unanimously; it
was approved by the Chair and inscribed in Ordinance No. 8681.
B. *REPLAT
OF LOTS 35-40 SOUTH VALLEY PARK 1ST PLAT AND LOT
9, WILSHIRE ESTATES 1ST PLAT [P&Z Case No. 04-2019FP] –
ORDINANCE (SECOND READING)
Document No. 6215 was read. Council Member Brenton moved to approve the
ordinance. Council Member Hadden
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8682.
C. *LIBERTY TRIANGLE
1. REDEVELOPMENT
AGREEMENT WITH LTD ENTERPRISES, LLC FOR REDEVELOPMENT OF REMAINDER OF LIBERTY TRIANGLE – ORDINANCE
Public Works Director Steve Hansen introduced members
of the development team present at the meeting: Bill Crandall and Nathan Vanice, Zimmer
Companies; Mark Bunnell and Nick Ventola, Integra Realty Resources; and TIF
Counsel Chris Williams with Stinson Morrison Hecker. He also introduced Daniel Carr and Rick Baier
with CB Richard Ellis.
Mr. Hansen stated that CB Richard Ellis and Star
Development, now partnering as LTD Enterprises, LLC, had been selected in
September 2003 as the potential redeveloper of Projects B-H in the Liberty
Triangle Tax Increment Financing District.
He noted that the City had entered into a funding agreement with LTD
Enterprises, LLC in December 2003. He
stated that, by approving this ordinance, Council would formally designate LTD
Enterprises, LLC as the redeveloper of the area in the Triangle outside the
Lowe’s development and approve a TIF development contract with LTD Enterprises. Mr. Hansen stated that staff, the development
team, the City’s TIF Counsel and representatives of LTD have been working to
arrive at a development plan for this area and finalize the terms of a redevelopment
agreement.
Mr. Hansen stated the Triangle properties involved in
this redevelopment are to be acquired by the redeveloper and subsidized by the
TIF in excess of $3.50/square foot. He
noted that excluded were the County health center, the shopping center,
Perkins, the portion of the Gercken property on which the thrift shop is located,
and the existing motel. Mr. Hansen
stated that, if the shopping center is acquired by the redeveloper, no
subsidizing of the cost by the TIF would occur.
Mr. Hansen stated that in the redeveloper’s
preliminary site plan, approximately 349,000 square feet of in-line shops,
71,000 square feet of pad sites and 39,000 square feet of second floor office
space are to be developed. He said the
existing commuter lot would be relocated to a site east of Conistor and south
of Stewart Road and Blue Jay would be extended north from Kansas Street to tie into 291 Hwy.
He stated that Stewart Road will be realigned and become a looped street connecting to Blue Jay at
two points around Lowe’s.
Mr. Hansen stated that an allowance of $1 million is
provided in the project budget for upgrading appearance of properties that are
not being acquired. He stated that
redevelopers return on investment is limited to 12% and if profits exceed that,
the City will participate in the project revenues on a “city share of total
project cost” basis.
He stated that the redeveloper’s fees are limited to
5% of the hard construction costs for the project and leasing commissions are
set at 5% in years 1-5 and 3% for years 6-10.
Mr. Hansen stated that TIF assistance of approximately
$11,000,000 would be used, along with the establishment of a Transportation
Development District (TDD) anticipated to generate approximately $2,300,000 to
fund infrastructure elements of the redevelopment project. The TDD would be funded by a 1% sales tax on
pad site sales and a 1/8 % sales tax on in-line shop sales. He noted the TDD is self-imposed on the
project using the City’s assistance with the intent to reduce reliance on TIF
revenues. Mr. Hansen stated it is
important that the project remain competitive with development west of I-35 and
that the additional sales tax from the TDD would maintain that competitiveness.
Mr. Hansen stated that the TIF bond capacity is estimated
at $15,500,000 and with project TIF assistance of $11,000,000, approximately
$4,500,000 in unused bond capacity is available to cover other project costs
that may occur as the redevelopment project proceeds.
Mr. Hansen stated that staff was requesting the
ordinance be taken to second reading on June 28 in order for minor issues to be
finalized in the contract.
Mayor Hawkins asked if the use of TIF was within the
policy adopted several years ago. Mr.
Hansen said it is and the 15% is similar to or lower than other area TIF
projects.
Council Member Brenton asked how the $1 million for
upgrades would be expended and who would access the funds. Mr. Hansen said it would require the approval
of the City and would be at the request of the property owner. Mark Bunnell with Integra Realty Resources,
stated that there could be a subdeveloper agreement brought back as a
reimbursement request, not to LTD, for upgrades to existing properties that is
not being redeveloped. Mr. Brenton asked
for clarification of the mechanism to be used for these funds. Mr. Bunnell said it would be more like a site
plan with City approval required. He
said the shopping center and the motel were two areas of focus. Mr. Brenton asked if involvement of the
redeveloper was required. Mr. Bunnell
said the goal is for the redeveloper to coordinate the project but the request
could come directly to the City.
Council Member Martin asked if there was a percentage
of the $1 million that would go to each entity.
Mr. Hansen said the $1 million was an estimated amount for some level of
enhancement to unacquired properties and that requests would be considered on an
individual and first come first served basis.
Council Member Hadden asked what would happen if the property owner
didn’t want to upgrade. Mr. Hansen said
the City could not force it. Mrs. Hadden
said it would be good for these properties to be compatible with what is being
developed. Mr. Hansen said the property
owners would be encouraged to participate and take advantage of the opportunity
to increase their property’s value.
Council Member Brenton asked for clarification of the
City’s share of the total project cost.
Bill Crandall, Zimmer Companies, stated that the amounts would be
reviewed at the end of each year through the project and if the return on
investment was more than 12%, there would be a pro rata distribution based on
the entity’s investment. He said that,
with respect to the $1 million, they may need to forecast where the funds would
be spent and be proactive by talking about the opportunity to increase the
value of the properties by virtue of what’s going in around them. Council Member Brenton asked if there was no
predetermined way of matching or leveraging available to the City. Mr. Crandall said that hadn’t been discussed
but they can see what level of improvements could be made by considering requiring
a match in order to leverage the funds.
Document No. 6217 was read. Mayor Hawkins stated the ordinance would go
to second reading at the June 28, 2004 regular
session.
2. AUTHORIZATION
TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE PROPERTY LOCATED WITHIN THE LIBERTY TRIANGLE – ORDINANCE
Mr. Hansen stated that this ordinance is an
authorization to acquire properties in the Liberty Triangle through condemnation. He stated that the development team is
meeting with property owners, but in spite of negotiation efforts, the need to
move along the prescribed time
line
may mean resorting to condemnation in some instances. He stated this gives the City the authority
to use condemnation, should that become necessary if good faith negotiations
are going no further. He stated that,
because the redevelopment agreement needs to be approved first, staff
recommends this ordinance also go to second reading on June 28.
Mayor Hawkins asked if there would be a TIF Commission
meeting scheduled soon. Mr. Hansen said
there would be. Mayor Hawkins asked if
there is any necessity for that meeting to take place first. Mr. Hansen said there was not.
Council Member Robertson commended staff and Zimmer
Companies for coming up with a plan that included local developers. He said he realized they face an uphill
battle, but he looked forward to the result.
Mr. Hansen said staff has worked hard but has worked together with the
development team and TIF counsel to make this happen. He asked representatives of the redeveloper
if they had any comments. Daniel Carr,
CB Richard Ellis, stated that over the last year they had worked on this and he
and Mr. Baier were Liberty residents with Mr. Harris being a northland
resident. He said they are very
interested in creating this gateway to Liberty and it will fulfill personal dreams for them as well
as for the City.
Document No. 6218 was read. Mayor Hawkins stated this ordinance would go
to second reading at the June 28, 2004 regular session.
D. *CONTRACT
WITH HNTB IN AN AMOUNT NOT TO EXCEED $225,300 FOR CONCEPTUAL DESIGN AND
ECONOMIC ANALYSIS FOR SOUTH LIBERTY PARKWAY, PHASE II – ORDINANCE
Mr. Hansen stated that $1.1 million was authorized by
Council in March for the engineering design of the South Liberty Parkway, Phase
II, including a review of alternate alignments and concepts and an economic
analysis of Phase II accompanied by an update of the Phase I economic analysis. He stated that HNTB had done most of the work
related to the parkway and this contract includes data collection, an update of
the traffic model, a traffic study, neighborhood development planning,
preliminary roadway design, an economic analysis, meetings with land owners,
Council presentations and mapping for the final design. He stated that, once a conceptual alternative
is selected the contract would require an amendment to include the final design
of the project.
Council Member Robertson stated he was glad to see the
project moving forward.
Document No. 6219 was read. Council Member Robertson moved to waive the
rules and consider the ordinance on first reading. Council Member Hadden seconded the motion,
which carried unanimously.
Council Member Hadden moved to approve the
ordinance. Council Member Hester
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8683.
E. PLACE
LIBERTE WASTE WATER TREATMENT PLANT REMOVAL PROJECT
1. AMENDMENT
TO CONTRACT WITH BREIT CONSTRUCTION LLC – ORDINANCE
Document No. 6220 was read. Council Member Hadden moved to waive the
rules and consider the ordinance on first reading. Council Member Martin seconded the motion,
which carried unanimously.
Council Member Hester moved to approve the
ordinance. Council Member Martin
seconded the motion, which carried 6-0-1.
Council Member Robertson abstained due to a potential conflict of
interest. It was approved by the Chair
and is inscribed in Ordinance No. 8684.
2. ACCEPTANCE
OF PROJECT – RESOLUTION
Council Member Hester moved to approve the
resolution. Council Member Martin
seconded the motion, which carried 6-0-1.
Council Member Robertson abstained due to a potential conflict of
interest. It is inscribed in the Resolution
No. 2168.
F. AMEND
SECTION 20-184, “SCHEDULE XIV, SIGNALIZED INTERSECTIONS” OF THE LIBERTY CITY CODE – ORDINANCE
Document No. 6221 was read. Council Member Brenton moved to waive the
rules and consider the ordinance on first reading. Council Member Martin seconded the motion,
which carried unanimously.
Council Member Hadden moved to approve the
ordinance. Council Member Brenton
seconded the motion. Council Member
Martin asked about the duplication of references from those deleted and those added. Mr. Hansen stated it was cleaner to delete
the entire schedule and add in the new listing.
The motion carried unanimously; it was approved by the Chair and is
inscribed in Ordinance No. 8685.
G. AMENDMENT
TO CONTRACT WITH METRO OFFICIALS ASSOCIATION FOR BASEBALL OFFICIATING SERVICES
AT THE FOUNTAIN BLUFF SPORTS COMPLEX – ORDINANCE
Mrs. Gentrup stated that the complex is off to a
phenomenal start this year and the increase in officiating fees will be covered
by fees paid by participating teams.
Document No. 6222 was read. Council Member Robertson moved to waive the
rules and consider the ordinance on first reading. Council Member Martin seconded the motion,
which carried unanimously.
Council Member Hester moved to approve the
ordinance. Council Member Brenton
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8686.
A. PURCHASE
OF SOUVENIRS FOR NATIONAL TOURNAMENTS FROM SUPER SERIES BASEBALL OF AMERICA IN AN AMOUNT NOT TO EXCEED $65,000 – MOTION
Mrs. Gentrup stated that the City had agreed to
purchase souvenirs to sell during the two Super Series tournaments and it had
been discovered that participation was such that additional souvenirs needed to
be purchased. She stated that all can be
returned with the exception of the t-shirts.
Council Member Brenton moved to approve the additional
purchase. Council Member Robertson
seconded the motion, which carried unanimously.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mrs.
Gentrup commended Chris Deal and Donna
Kay Taylor, Police Chief Knouse and his staff as well Fire Chief Birch, his
staff and all City employees that volunteered their time to make the visit by
President Bush a success. She said they
had wanted to highlight the community in a positive light and that goal had
been accomplished. Mayor Hawkins said
the visit had been seamless and without incident. He said it had been well-planned and he was
pleased with the result. Chief Knouse
said the secret service with the motorcade said it had been some time since
they had seen so many lining the streets to see the President.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Robertson said he wanted to brag on the staff and thought the visit went
off well. He said staff should all pat
themselves on the back for their efforts.
Council
Member Brenton also commended staff and said the citizens of Liberty had made themselves proud today.
Council
Member Coe said he had received two complaints about the traffic and delays on
291 Hwy. but that was all.
Council
Member Hadden talked about her recent trip to Tennessee where she attended the Small Cities Conference. She stated she had been asked to make a
presentation at the best practices session and chose the community center as
her topic. She thanked the staff that
had put together a presentation with which everyone was impressed. She said it showed Liberty in a very good light and she anticipated lots of
inquiries as a result.
Council
Member Parker said the staff at the sports complex is doing a great job. Mrs. Gentrup stated that a participant
competing at the sports complex had been very pleased at being able to play on
the fields the day after heavy rains and had complimented the staff on having
the fields in such good condition.
Council
Member Hester echoed the positive comments.
Council
Member Martin stated the way the community had conducted itself during the
President’s visit made her feel lucky to be a citizen of Liberty even with the heat.
Mrs.
Martin asked Council to get back to her on volunteering for the Super Series
tournaments.
Mrs.
Martin asked about the status of the driving range. Parks & Recreation Director Chris Deal
said the equipment had not yet arrived, but when it did, there would be
publicity about the driving range opening.
XIII. ADJOURNMENT
The meeting adjourned to
study session at 7:55 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk