CITY COUNCIL MEETING
MINUTES
MONDAY, SEPTEMBER 26, 2005
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 26, 2005 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 Juarenne
Hester who then led the pledge of allegiance.
III. ROLL CALL
Roll
call was answered by Mayor Robert T. Steinkamp; Coni Hadden and Harold
Phillips, Ward I; LeRoy Coe and Anna Marie Martin, Ward II; Juarenne Hester and
John Parry, Ward III; and Nick King, Ward IV.
Also in attendance were Cynthia Boecker, Acting City Administrator;
Steve Hansen, Public Works Director; Steve Anderson, Planning & Development
Director; Craig Knouse, Police Chief; Gary Birch, Fire Chief; Linda Tyree,
Finance Director; Marcella McCoy, Assistant Finance Director; Sara Cooke,
Public Relations Coordinator; Jane Sharon, Deputy City Clerk; Angie Borgedalen,
Liberty Tribune; Tanya Fogg Young, Kansas City Star, and six members of the
public.
IV. APPROVE
MINUTES AND SUMMARIES
A. REGULAR SESSION MINUTES OF SEPTEMBER 12,
2005
Council Member Martin moved to approve the minutes as
distributed. Council Member Phillips
seconded the motion, which carried 4-0-2.
Council Member Coe and Council Member Hadden abstained due to absence.
B. EXECUTIVE SESSION MINUTES OF SEPTEMBER 12,
2005
Council Member King moved to approve the minutes as
distributed. Council Member Hester
seconded the motion, which carried 4-0-2.
Council Member Coe and Council Member Hadden abstained due to absence.
C. STUDY SESSION MEETING SUMMARY OF SEPTEMBER 19,
2005
Council Member Coe moved to approve the meeting
summary as distributed. Council Member
Hadden seconded the motion. Council
Member King proposed amendments to the meeting summary. The first would change a sentence in the
description of the Parks Foundation to read, “It was stated during the study
session that if there were no funds available within the foundation, there
would be no charge to the operating fund of the Parks Department.” Secondly, he proposed adding a fuller
description of Council direction to the discussion of the Sports Complex, as
follows: “Council directed that a plan
be considered by the Parks Board to include at least one game on one night on
one field for the championship contest for the oldest group of recreation team
baseball players.” Lastly, Council
Member King proposed the following addition to the discussion of the ambulance
fees, “Council directed staff to consider what fees would generate sufficient
revenue to allow the waiver of remaining fees for those aged 65 and over.”
Council Member King moved to amend the minutes to
incorporate these changes. Council
Member Parry seconded the motion, which carried 4-0-2. Council Member Phillips and Council Member Hester
abstained due to absence.
The motion approving the minutes as amended carried
4-0-2. Council Member Phillips and Council
Member Hester abstained due to absence.
V. CITIZENS’ PARTICIPATION
A.
PROCLAMATION FOR
FIRE PREVENTION WEEK, OCTOBER 9 – 15, 2005
Mayor Steinkamp read the proclamation for Fire
Prevention Week and presented it to Fire Division Chief Myron Schmitt, who recently
retired after 40 years of service.
Fay Bedinger, 232 W. Franklin Street, thanked Myron Schmitt for his service to the
citizens of Liberty. Mayor
Steinkamp echoed her thanks, on behalf of the City Council.
VI. MEETING SCHEDULE
Mayor
Steinkamp reviewed the dates of upcoming Council meetings. Acting City Administrator Cynthia Boecker noted the next two
meetings are joint sessions – Tuesday night, September 27, with the Planning
& Zoning Commission and on Monday, October 3, 2005, the Council will meet with the Liberty School Board
at School District Administration Offices.
Ms.
Boecker also noted an addition to this evening’s agenda which is included on a
revised agenda distributed earlier. Item
E. under Ordinances was added following discussions with the property owner and
utilities this afternoon.
A.
AUTHORIZE
EXECUTIVE SESSION TO BE HELD SEPTEMBER 26, 2005 IN THE COUNCIL CONFERENCE ROOM
IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS PERSONNEL MATTERS AS
AUTHORIZED BY SECTION 610.021 (3) RSMo – MOTION
Council Member Hester moved to authorize the
meeting. Council Member Hadden seconded
the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
A. *SPECIAL
USE PERMIT TO ALLOW SENIOR HOUSING AT THE NORTHEAST CORNER OF WITHERS ROAD AND
KENT STREET – OAKWOOD MANOR; [P&Z Case No. 05-038SUP/Applicant: JES
Development] – RESOLUTION
Planner Dan Fernandez reviewed the application for a
special use permit to allow a senior housing development at the northeast
corner of Withers
Road and Kent Street. He stated the
development by JES Development would be one building, containing 60 units. The site would be served via an existing sewer
main located along Withers
Road and
water via an improved main along Kent Street. Storm water
generated by the development would be detained in two-on-site basins and
released to the system along Withers. A
fee in lieu of parkland is associated with this development.
Mr. Fernandez stated that the site is ideal for this
type of development due to the proximity to a grocery store, the post office,
the library and other shops. Access to
the site would be via a new connection to Kent Street. Parking would
be designed along the south and east elevations and sidewalks would loop around
the building and connect to a sidewalk along Kent Street. Landscaping
includes vegetation and street trees.
Retaining walls would be constructed with materials complimentary to the
building design. Lighting will be
provided from a combination of light poles and building lights.
Mr. Fernandez stated that the application meets the
standards of review for a special use permit.
The Planning & Zoning Commission recommended approval of the special
use permit.
Council Member Phillips asked about sidewalks
accessing the shopping center. Mr.
Fernandez said there would be a sidewalk along Withers Road which would connect to the shopping center. Planning & Development Director Steve
Anderson said the sidewalk would be added with this development.
Council Member King asked if all the requirements for
this development have been clearly outlined to the developer. Mr. Fernandez said the applicant has
submitted plans which are part of this application. Mr. Anderson said the developer will be
required to build according to the design being considered as part of this
special use permit application. If the
plan is revised, the applicant would have to come back before Council. If only minor changes are made, the staff
might be able to approve those administratively. The applicant is aware of all fees.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak on the applicant’s behalf. Kurt Wallace, Wallace Architects, Columbia, Missouri, stated he was representing JES Development at this
hearing. He said approximately 200
similar developments have been constructed by this company in Missouri. He thanked
the staff for doing a good job of describing the development plan. Mr. Wallace stated this building will be
entirely independent living. Units will
be 780 square feet with each having two bedrooms a bath and a full
kitchen. All are fully carpeted and have
central air and heat. Including the
common areas, the residents will have access to about 1,000 square feet. He noted a kitchen in the common area for residents
to use for parties and other activities.
There will be a parlor, on-site manager’s office, a computer center,
library and exercise room for the residents.
A laundry will be available on each floor and there will be two
elevators in the building.
Mr. Wallace noted there will be a good deal of green
area on the site and a tree buffer to the west is being preserved. There are two retaining walls to the back of
the development. He added the building
is fully accessible to the handicapped, including four parking spaces among the
50 in the plan. He said it has been the
developer’s experience that a ratio of ¾ to 1 will accommodate the parking
needs. Mr. Wallace noted the irrigation
system that will be installed, a sitting area in the front of the building and
a patio and gazebo in the back, where there would be a koi pond.
Mr. Wallace stated that the building is age-restricted
to at least 62-years of age and that this is part of the land use restrictions
recorded with the deed. Financing will
be provided through the Missouri Housing Development Commission, but this is
not HUD housing. The state financing
does allow the developer to charge a lower rent, which is expected to be $520 a
month plus utilities. He noted a market
study had indicated a need in Liberty for this kind of housing. The developer has just finished a development
in O’Fallon and there are 60 on the waiting list. Phase II is being completed on a development
in Independence and one is in development in Lee’s Summit.
Council Member Hadden asked if JES Development would
continue to manage the building. The
applicant responded that JES Development had not sold or converted any of its
developments to date and intended to manage this development.
Mrs. Hadden asked about the detention basin, which
appears to be sloping in the drawings provided.
Mr. Wallace said it is a depression that will collect water and release
it within two to four hours. Mr.
Anderson noted there will be a guard rail on top of the retaining wall to
prevent someone from falling into the detention area.
Council Member Coe asked if there was any way to
increase the number of handicapped parking spaces. Mr. Wallace said the ramp was open and could
be used by those parking in other spaces, but he believed four handicapped
spaces were adequate.
Mayor Steinkamp asked if anyone else wished to speak
in favor of the application. Seeing none
he asked if anyone wished to speak in opposition to the application. Seeing none, he closed the public hearing.
Council Member Martin moved to approve the
resolution. Council Member Hester
seconded the motion. Council Member
Martin said she was very excited to see this much-needed development in Liberty and hoped it would be a way to bring residents back
who had previously been unable to find this type of housing option in Liberty.
The motion carried unanimously and is inscribed in
Resolution No. 2227.
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM SEPTEMBER 9, 2005 THROUGH SEPTEMBER 23, 2005 – ORDINANCE
Document No. 6418 was read. Council Member Hester moved to approve the
ordinance. Council Member Martin
seconded the motion.
Council Member Martin asked about check no. 91279 for
sweeper repair. Public Works Director
Steve Hansen said the sweeper in need of the repairs was about three years old,
but the repairs were no longer under warranty.
Mrs. Martin asked about check no. 91268.
Ms. Boecker stated the expense was for healthy snacks for the Windows to
Wellness kickoff party. All employees participating in the program were
invited, along with their families.
Council Member Hadden asked about check no. 91231 for
a ticket hand-held replacement. Deputy
Police Chief Jim Simpson stated it was to replace equipment for parking
control. The unit being replaced had
never worked properly and had trouble downloading and working correctly with
the printer. The new unit works
correctly and does not lose data as the old one had.
Council Member King asked for clarification of the
radiation monitor identified in the appropriations. Deputy Chief Simpson said Captain Tedesco
works with Homeland Security and the Mid-America Regional Council (MARC). A grant received in the Kansas City area has allowed the City to purchase radiation
monitors for the police vehicles and be reimbursed for 100% of the expense by
the State Emergency Management Agency (SEMA).
MARC has also received grants which will allow radiation monitors to be
placed in 10 police units. Ms. Boecker
stated they will assist with detection of airborne contaminants.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Martin – yes; Council Member Hester – yes; Council Member Hadden – yes; Council
Member Coe – yes; Council Member Parry – yes; Council Member King – yes. The motion carried unanimously; it was
approved by the Chair and inscribed in Ordinance No. 8877.
B.
*UPPER RUSH CREEK SEWER IMPROVEMENTS PROJECT
1.
STATE REVOLVING
FUND (SRF) FOR BONDS – ORDINANCE (FIRST READING)
Document No. 6419 was read. Ms. Boecker noted that Chris Ahrens, of
Gilmore & Bell, the City’s bond counsel was present and available to answer
any questions. There being no Council
questions, the mayor stated this item would go to second reading on October 10, 2005.
Ms. Boecker then asked Mr. Hansen to present
information about the next two items.
Mr. Hansen reviewed use of the Rush Creek waste water treatment plant, which was constructed in
1993. He noted that the plant, when
originally constructed, served the Hallmark distribution center, Heartland Meadows Industrial
Park and Liberty Hospital. Expansion was
anticipated for the plant to handle additional capacity, once new development
occurred in the Upper Rush Creek basin. The
estimated $1 million cost to expand the plant was included in the 2003 capital
plan.
Mr. Hansen stated that design engineer George Butler
Associates, Inc. (GBA) was hired by the City and in beginning its design work
contacted the Missouri Department of Natural Resources (DNR) regarding
standards for the expansion of the plant.
The report from DNR indicated more restrictive effluent standards than
anticipated, prompting consideration of alternatives to expansion of the
plant. Of the alternatives proposed, the
most cost effective option was to remove the plant and extend the gravity
sewers downstream with treatment of the waste by Kansas City, Missouri. This option
was also recommended because it would open up an additional 2,500 acres for
development, which had not been previously served by sewers.
Mr. Hansen stated that, in January 2004, the Council
approved a contract with GBA to complete the design for this project and assist
the City in soliciting bids for the two project components – treatment plant
removal and construction of the sewer improvements. The project was split into the distinct
components in order to obtain the best prices from specialty contractors,
thereby avoiding additional costs for work being completed by subcontractors.
David E. Ross Construction Co. is recommended to
construct the new pump station and remove the existing treatment plant. KAT Construction, Inc. is recommended to
construct the gravity sewer and force mains.
Mr. Hansen added that both the staff and the consultant analyzed the
bids to confirm they were accurate and the bidders were qualified for the
required work. While the City has not had
direct experience with KAT Construction, Inc., satisfactory references have
been received. David E. Ross
Construction Co. recently completed the water treatment plant expansion project
for the City. Mr. Hansen recommended
these two contracts go to second reading on October 10, along with the bond
issuance.
Council Member King asked how qualifications were
checked to assure the bidders did not propose a low price to get the project
and then come forward later with additional costs. Mr. Hansen said it has not been the City’s
experience that this occurs. He noted,
however, that KAT Construction, Inc. representatives had met with City staff to
review the project. Every opportunity
was offered to the company to retract its bid if it was in error. He said staff uses due diligence to ensure
adherence to the project costs in the bid. As with any project, however,
unforeseen circumstances can require changes to the contract.
Council Member Parry asked for clarification, since
the CIP shows a budget of $6 million for the project. Mr. Hansen said the initial estimate for this
project was the amount budgeted. Without
any long-term data to provide specific details, it was not possible to anticipate
how much costs would go up. He mentioned
concrete and steel, in particular, as components of construction for which
costs have increased. He added that
bidders are also aware of recent problems, such as the natural disasters and
oil prices, which affect project costs.
The higher than anticipated costs affects this project and the Inflow
and Infiltration project, which now will have less than $1 million set
aside. Mr. Parry asked if staff will let
the Council know of that impact when more information is available. Mr. Hansen said there may be funds for an
abbreviated initiation of an Inflow & Infiltration program, which is not a
one-time project, but rather an ongoing need that staff will continue to
discuss with Council, based on revenue available.
Mr. Parry asked if an option to keep the plant on-line
and open up development had ever been considered. Mr. Hansen said it has not because the permit
for the waste water treatment plant expires in August 2006 and keeping it
on-line during the process of constructing gravity sewers would not be cost
effective. He added that, as he had
mentioned before, future consideration could be given to formation of a joint
sewer district with the County and the construction of a new plant, which could
be operated instead of using the sewer connection to Kansas City. This is
something the staff continues to review.
Council Member King asked about the delay in seeking
SRF funding and whether the increase in project costs would eat up the $2.2
million savings anticipated over the life of the loan. Mr. Hansen said some of the increase in costs
has been due to delays, but there is no data with which to identify a specific
dollar amount. Other recent events have
also had an effect. Mr. King asked if
that meant the $2.2 million savings is not being lost with this project. Mr. Hansen said it was not.
Council Member Parry asked if sewage treatment plants
last longer than 12 years. Mr. Hansen
said the regulations for waste water are difficult to anticipate, but the
original intent of this treatment plant had been expansion with
development. Because of the change in
regulations, it was determined to be more cost effective to send waster water
to Kansas City, which has plants that can accommodate its needs and
those of smaller cities. He added that
staff looks at the cost of Kansas City
providing the service versus Liberty providing the service.
2.
CONTRACT WITH KAT
CONSTRUCTION, INC. FOR CONSTRUCTION IN AN AMOUNT NOT TO EXCEED $5,066,755 –
ORDINANCE
Document No. 6420 was read. Mayor Steinkamp stated the ordinance would be
considered by Council October 10, 2005 on second reading.
3.
CONTRACT WITH
DAVID E. ROSS CONSTRUCTION COMPANY FOR CONSTRUCTION IN AN AMOUNT NOT TO EXCEED
$2,080,800 – ORDINANCE
Document No. 6421 was read. Mayor Steinkamp stated the ordinance would be
considered by Council October 10, 2005 on second reading.
4.
ACCEPTANCE OF
SANITARY SEWER EASEMENT – ORDINANCE
Document No. 6422 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Hester seconded the motion,
which carried unanimously.
Council Member King 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. 8878.
C.
ACCEPTANCE OF STORM
DETENTION FACILITY EASEMENTS FOR LOT 4, LIBERTY INDUSTRIAL
PARK –
ORDINANCE
Document No. 6423 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Hadden seconded the motion,
which carried unanimously.
Council Member Hester 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. 8879.
Council Member Hester stated that she would not be
participating in the next item on the agenda, because of her association with
the organization. She added that Clay
Lozier was present to answer any questions Council might have regarding the
application. Council Member Hester left
the meeting at this time.
D.
TEMPORARY LIQUOR LICENSE FOR CORBIN THEATRE EVENT SEPTEMBER 29, 2005 – RESOLUTION
Council Member Hadden asked how often applications come
forward for this type of liquor license.
Deputy City Clerk Jane Sharon stated that this was only the second
organization to request a temporary liquor license since the City Code was
amended. A temporary liquor license has
been approved the last three years to the Liberty Area Chamber of Commerce for
its beer garden during Fall Festival.
Council Member Martin moved to approve the
resolution. Council Member Phillips
seconded the motion, which carried 5-1-0. Council
Member King voted in opposition. The
resolution is inscribed in Resolution No. 2228.
Council Member Hester returned to the meeting at this
time.
E.
AUTHORIZATION TO
QUITCLAIM A CERTAIN SECTION OF RIGHT-OF-WAY ALONG WEST KANSAS STREET IN CONNECTION WITH THE LIBERTY TRIANGLE REDEVELOPMENT PROJECT – ORDINANCE
Mr. Hansen stated that this is a housekeeping matter
that is required to allow the project in the Liberty Triangle to move
forward. In 2003, the Missouri
Department of Transportation (MoDOT) transferred ownership of the property
along West Kansas from Conistor to Clayview to the City of Liberty. This
quitclaim deed encompasses right-of-way along the old frontage road, which
won’t be
needed
for future expansion. In exchange for
transfer of this section, the City will receive from the redeveloper
right-of-way for Blue
Jay Drive. This transaction will allow development to
move forward on three pad sites, including a Starbucks. Council approval and the Mayor’s execution of
the quitclaim deed will allow the redeveloper to proceed without risking lease
agreements that have been previously negotiated.
Council Member King asked for clarification of the
official name of the street in the City – whether it is Kansas Street or Alexander Doniphan Memorial Highway. Mr. Hansen
said Kansas
Street is
the legal name in the city limits.
Document No. 6424 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member Phillips seconded the motion,
which carried unanimously.
Council Member Hadden 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. 8880.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Ms.
Boecker reminded Council of the joint study session Tuesday evening with the
Planning & Zoning Commission.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Hadden said the Downtown Task Force members were looking forward to
presenting the plan at tomorrow evening’s joint study session.
Council
Member Coe asked when the senior housing development might be constructed. Mr. Anderson stated the applicant will be
applying to the State for funding and is anticipating a 2006 start for
construction.
Mayor
Steinkamp reminded Council of the trip to New Town at St. Charles on October 7.
XIII. ADJOURNMENT
The
meeting adjourned to executive session at 8:10 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy
City Clerk