CITY COUNCIL MEETING
MINUTES
MONDAY, OCTOBER 24, 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 October 24, 2005 with Mayor Robert T. Steinkamp presiding. Mayor Steinkamp called the meeting to order
at 7:01
p.m.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Council Member Harold
Phillips 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; Anna Marie Martin, Ward II; Juarenne Hester and John Parry,
Ward III; and Nick King and Bill Parker, Ward IV. Also in attendance were Cynthia Boecker,
Acting City Administrator; Steve Hansen, Public Works Director; Brian Hess,
City Engineer; Steve Anderson, Planning & Development Director; Rebecca
Wymore, Planner; Chris Deal, Parks & Recreation Director; Craig Knouse,
Police Chief; Mark Misenhelter, Police Lieutenant; Gary Birch, Fire Chief; Mike
Snider, Deputy Fire Chief; Linda Tyree, Finance Director; Marcella McCoy,
Assistant Finance Director; Sara Cooke, Public Relations Coordinator; Lyndsay
Heal, Management Assistant; Jane Sharon, Deputy City Clerk; Angie Borgedalen,
Liberty Tribune; and 16 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES
A. REGULAR SESSION MINUTES OF OCTOBER 10, 2005
Council Member Hadden moved to approve the minutes as
distributed. Council Member King
seconded the motion, which carried unanimously.
B. STUDY SESSION MEETING SUMMARY OF OCTOBER 10, 2005
Council Member Martin moved to approve the meeting
summary as distributed. Council Member
Phillips seconded the motion, which carried unanimously.
C. STUDY SESSION MEETING SUMMARY OF OCTOBER 17, 2005
Council Member Hester moved to approve the meeting
summary as distributed. Council Member
Martin seconded the motion, which carried unanimously.
D. EXECUTIVE SESSION MINUTES OF OCTOBER 19, 2005
Council Member Hadden moved to approve the minutes as
distributed. Council Member Hester
seconded the motion, which carried unanimously.
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp welcomed the following scouts from Den 3, Pack 376: Phillip Surprenant; Garrett McCleary; Quinn
Mars; Chandler Hill; Alex Vaughn; Eddie Szczuka; and Christopher Bush.
Don
Dando, 2515
Hughes Road,
thanked the staff for its time in responding to his questions about the
construction of South
Liberty Parkway. He expressed concerns about the construction schedule
and lack of access, now that Hughes Road has been torn up.
He asked about the setting of speed limits on the detour routes and
asked for an explanation of the detour through Glenaire. He suggested the Council consider a 50 mph
speed limit until the Parkway is more developed. Mr. Dando said the workmanship on the bridge
was poorly done and was not a proper expenditure of City funds. With winter approaching, Mr. Dando asked what
the new target is for completion of the Parkway and suggested the tearing up of
Hughes Road at this time was premature. Mr. Dando asked that the Council provide
responses to his questions.
Mayor
Steinkamp thanked Mr. Dando for his comments and said that the Public Works
Director would continue to work with him on answers to his questions.
VI. MEETING SCHEDULE
A. AUTHORIZE
EXECUTIVE SESSIONS TO DISCUSS PERSONNEL MATTERS AS AUTHORIZED BY SECTIONS
610.021(3) RSMo AND 610.021(13) RSMo ON DATES AND AT TIMES AND LOCATIONS AS
FOLLOWS - MOTION
NOVEMBER 3, 2005 at 7:00 p.m. - The Dish, 846 S. 291 Highway
NOVEMBER 4, 2005 at 7:30 a.m. - City Hall, 101 East Kansas
NOVEMBER 4, 2005 at 12:00 p.m. - City Hall, 101 East Kansas
NOVEMBER 4, 2005 at 5:30 p.m. - City Hall, 101 East Kansas
NOVEMBER
5, 2005 at 8:00 a.m. - City Hall, 101 East Kansas
NOVEMBER
7, 2005 at 5:30 p.m. – City Hall, 101 East Kansas
Council Member Hadden moved to authorize the executive
sessions. Council Member Martin seconded
the motion, which carried unanimously.
VIII. PUBLIC HEARINGS
A. *REZONE
APPROXIMATELY FIVE (5) ACRES IN THE LIBERTY TRIANGLE AT THE NORTHEAST CORNER OF M-152 AND I-35 FROM
MoDOT RIGHT-OF-WAY TO C-2, GENERAL BUSINESS DISTRICT [P&Z CASE NO.
05-040R&PDP; APPLICANT: CITY OF LIBERTY] – ORDINANCE
Planner Rebecca Wymore stated the application is to
rezone five acres in the Liberty Triangle to C-2, General Business
District. The property is not currently
zoned and is Missouri Department of Transportation (MoDOT) right-of-way. The property is located west of Gold Bank and
the Super 8 Motel and east of I-35. The MoDOT
is under contract with the City to turn over property, now used for the Park
and Ride, when the new location is ready.
Ms. Wymore stated the Future Land Use Plan designates
the area as commercial and promotes its redevelopment. As a Gateway, the Future Land Use Plan calls
for this area of the Triangle to be designed in a distinguished manner. The Economic Development Plan identifies the
development of three free-standing restaurants for the property. The preliminary development plan conforms to
the Future Land Use Plan and the Economic Development Plan. The Planning & Zoning Commission
recommends approval of the rezoning and the preliminary development plan.
Council Member Phillips asked for clarification of a
Gateway. Ms. Wymore said the Future Land
Use Plan describes a Gateway as being designed in a distinguished manner to
create a sense of arrival.
Council Member Parker asked if the dumpster areas for
restaurants developed in this location would be visible from I-35. Planning & Development Director Steve
Anderson said the elevation is such that there is not great visibility from the
Interstate, but staff would carefully review site plan applications, including
screening of the dumpsters.
Council Member Martin asked if a used car lot would be
permitted in the C-2 zoning. Mr.
Anderson said it would, along with almost any retail business. The redevelopers are marketing the area as
sit-down restaurants and one of the three is already under lease.
Council Member Hester asked if the area where the new
commuter lot is being located is to be known as the Shoppes at Liberty
Triangle. Mr. Anderson said that is the
name of the development.
Mayor Steinkamp opened the public hearing and asked if
anyone else present wished to speak in favor of the application. Seeing none, he asked if anyone wished to
speak in opposition to the application or had any questions. Fay Bedinger, 232 W. Franklin, asked what the City would get when transferring the
property to the developer. Public Works
Director Steve Hansen said the property will be sold to the developer at an
amount equal to other agreements for property in the Triangle. Seeing no one else with questions or
comments, Mayor Steinkamp closed the public hearing and returned discussion to
the Council.
Document No. 6427 was read. Council Member King 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. 8885.
A.
ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM OCTOBER 7, 2005 THROUGH OCTOBER 21, 2005 – ORDINANCE
Document No. 6428 was read. Council Member Hadden moved to approve the
ordinance. Council Member Martin
seconded the motion.
Council Member King asked about check number 91775 for
TIF certification. Acting City Administrator Cynthia Boecker stated this was payment
to an auditor and asked Finance Director Linda Tyree to provide additional
information.
Ms. Tyree stated that in 2004, Council approved TIF
bonds and suggested payments be certified by an independent auditor. Council approved the firm of Miller Haviland
Ketter for these services. Additional City expenses were since sent to this auditing firm for
certification. Mr. King asked if the fee
is to say payment to Lowe’s is accurate.
Ms. Tyree said that is correct.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Martin – yes; Council Member Hester – yes; Council Member Parker – yes; Council
Member Hadden – yes; Council Member Parry – yes; Council Member King –
yes. The motion carried unanimously; it
was approved by the Chair and inscribed in Ordinance No. 8886.
B.
AUTHORIZE
ISSUANCE OF 1998 WATERWORKS REFUNDING REVENUE BONDS – ORDINANCE (SECOND READING)
Ms. Boecker noted that Assistant Finance Director
Marcella McCoy, Bond Counsel Chris Ahrens with Gilmore & Bell and Dennis
Mitchell with Piper Jaffray were available to answer any questions.
Council Member King asked what the final interest rate
was for the bonds. Ms. McCoy said the
coupon amount was 4% and that would be the interest rate used for budgeting
debt service.
Document No. 6426 was read. Council Member Martin moved to approve the
ordinance. Council Member Phillips
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8887.
C.
*AMENDMENT TO
CHAPTER 30, “UNIFIED DEVELOPMENT ORDINANCE”, LIBERTY CITY CODE, PERTAINING TO FLOODPLAIN MANAGEMENT –
ORDINANCE
Ms. Boecker noted these amendments to the Unified
Development Ordinance (UDO) are necessary to bring the City Code into
conformance with state policies and procedures.
Mr. Hansen stated that the revisions have been recommended by the State
Emergency Management Agency (SEMA), which recently completed an audit of City
records. The added definitions and
clarifications of the sections related to floodplain management are
housekeeping in nature and will allow the City to continue its participation in
the National Flood Insurance Program.
Council Member Parry asked how these changes would
affect current citizens, in particular those living behind Hy-Vee, which is an
area that used to flood, before mitigation efforts in Glenaire. Individuals with homes in this area have had
to buy very expensive flood insurance in order to successfully refinance their
homes. City Engineer Brian Hess stated
that no floodplain boundaries have changed with these amendments. The mortgage companies today may now check to
see of a property is in a floodplain and this may not have been done when the
property was first purchased. The City’s
participation in the national flood insurance program is a benefit to citizens,
who would not otherwise be able to obtain this type of insurance.
Mr. Parry asked if those in flood zones can obtain
insurance. Mr. Hess stated that the
boundaries were reduced to Liberty Drive when the Interurban was taken out a few years
ago. Mr. Hansen added that there may be
a possibility of a change with a park and detention pond south of K-Mart, but
there is currently no funding for this project, which is in the Stormwater
Master Plan.
Mr. Hansen continued, saying the amendments to the UDO
do not create problems for existing structures.
The changes apply mostly to new development. If a renovation changed a full basement to a
walkout basement, for example, the new ordinance would apply.
Document No. 6429 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 Phillips
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8888.
D.
*AMENDMENT TO
CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC”, LIBERTY CITY CODE, PERTAINING TO EMERGENCY VEHICLES –
ORDINANCE
Police Lieutenant Mark Misenhelter stated that Liberty
officers had approached him last April, inquiring about the possibility of the
City passing an ordinance similar to the State statute known as a “move over
ordinance” pertaining to emergency vehicles.
The law only applies to stationary emergency vehicles when emergency
lights are activated. Lt. Misenhelter
said this is a safety issue and noted the loss of highway patrol officers is
what prompted the establishment of this statute. The State is putting up signs on highways at
the state line that Missouri is now a “move over” state. He stated officers must currently cite
drivers into State court, because there is no City ordinance. This process is cumbersome and requires
officers to appear in State court. A
City ordinance would allow violators to be cited into Municipal Court.
Lt. Misenhelter stated that the city prosecutor, legal
counsel and judge have all reviewed the proposed amendment. Upon Council approval, staff would implement
a public education effort to advise citizens of the need to move over and/or
proceed with caution when encountering a stationary emergency vehicle with
emergency lights activated.
Council Member Martin asked if any of the highway
signs were being posted around Liberty. Lt.
Misenhelter said signs may be posted in St. Joseph and, with the enactment of the state statute in
August 2004, increased activity is just now being seen. Council Member Hadden asked if signs must be
posted for the ordinance to be enforced.
Lt. Misenhelter said there may be an opportunity to post signs locally,
but it does not appear that signs are required to be posted. Mrs. Hadden said she appreciated the plan to
have an education campaign around the new law, because it is important for
citizens to be aware of it.
Document No. 6430 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 King seconded
the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8889.
E.
AMENDMENT TO
CONTRACT WITH KAT EXCAVATING, INC. FOR THE UPPER RUSH CREEK SEWERAGE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO
EXCEED $49,260 – ORDINANCE
Ms. Boecker stated information about this change order
was presented to Council at its last meeting and is to cover increased costs of
pipe.
Document No. 6431 was read. Council Member Martin moved to waive the
rules and consider the ordinance on first reading. Council Member King seconded the motion,
which carried unanimously.
Council Member Hadden moved to approve the
ordinance. Council Member Hester
seconded the motion. Council Member
Parry asked about the running total for the project. Ms. Boecker referred to the action report and
said additional information could be provided in the future. The motion carried unanimously; it was
approved by the Chair and is inscribed in Ordinance No. 8890.
F.
ACCEPTANCE OF
STORM DETENTION FACILITY EASEMENT FOR LOT 21, NORTH HAVEN
ESTATES – ORDINANCE
Document No. 6432 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 King 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. 8891.
G.
STREET RENAMING IN
LIBERTY TRIANGLE – ORDINANCE
Council Member Hester asked about the reasoning behind
the use of College
Street for
the renaming, since it appears very far away from the Triangle and makes it
very confusing. Mr. Anderson said in
naming streets, staff tries to adhere to some sort of grid system, even if the
streets are not connected. A section of College Street extends west of Church Road and another section is east of the Triangle. Both College Street and Franklin Avenue were considered, but Franklin was not appropriate.
Fire Chief Gary Birch added that another factor is addressing of
properties. Since Stewart Road is mostly
a north/south street and College Street is an east/west street, it appeared
more appropriate for addressing purposes to rename this section in the Triangle
to College Street.
Document No. 6433 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 Hadden moved to approve the
ordinance. Council Member Phillips
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8892.
A. *PURCHASE
OF OFFICE FURNITURE FOR FINANCE DEPARTMENT FROM CORPORATE DESIGN GROUP IN AN
AMOUNT NOT TO EXCEED $33,864 – MOTION
Ms. Tyree stated the purchase would allow installation
of eight work stations, replacing furniture that was originally purchased for
City Hall in 1982. This will address
safety issues by building conduit into the work stations and no longer
requiring extension cords for additional electronic equipment. The 2005 Capital Improvements budget included
funds for this project and staff recommends approval.
Council Member Parker expressed concern that office
furniture was being updated when attention to the public seating area in the
Chambers had not been replaced.
Council Member Martin asked if there would be any
remaining funds from this project. Ms.
Boecker said it was not likely as there would be additional costs for running
cable and updating electrical connections.
Ms. Tyree said the project included adding a second cashier station to
improve customer assistance.
Council Member Martin moved to approve the
expenditure. Council Member Hester
seconded the motion, which carried unanimously.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Ms.
Boecker noted that October 31 is a fifth Monday and no Council meeting is
scheduled on that date.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips stated he had attended a state historic preservation conference
with Preservation Planner Jonna Wensel and was hopeful that some of the
information on tax credits and other options for owners of older structures
would be made available to Liberty
property owners.
Council
Member Martin asked about the destruction of the Newton house on Nashua. Mr. Anderson
said the house was not in a historic district and so demolition did not require
Historic District Review Commission or Council approval. He added that the building had been in such
poor condition, there was nothing to be saved.
The property owner has indicated an interest in rebuilding in a similar
style as the demolished structure.
Council
Member Hester asked for an update on City plans for an Arts Council for a
report she would make at an upcoming Metro Arts Council meeting. Ms. Boecker said staff had started the review
of what exists in other communities and that would be brought forward to a
future Council study session.
Council
Member Parker asked for a copy of next year’s sports complex schedule, when it
becomes available. He asked for an
update on a recreational league game being scheduled at the sports complex. Parks & Recreation Director Chris Deal
said the Parks Board had discussed this at a recent meeting and information for
Council was being prepared.
Council
Member Hadden requested that the worn striping on Kansas Street near the 15 mph sign be repainted. She also asked that the staff and Council
work to use fewer acronyms when first using terms, so that it isn’t so
confusing to those observing the meetings.
She also reminded Council of Trick-or-Treat on the Square on Monday
night.
Council
Member Parry asked that the responses to Council Member King’s questions be
sent to the rest of Council.
Council
Member King asked if there was any update following the Whittaker Development
team visit to Liberty. Ms. Boecker
said the visit was last Thursday. Mr.
Anderson said the developer of New Town at St. Charles had been very impressed with what is already in place
in Liberty, along the South Liberty Parkway and in the Phase II design.
Council Member King noted the Alexander Doniphan Award
will be presented in a ceremony at the Historical Liberty Jail on Sunday,
October 30.
Mayor Steinkamp noted the dedication of the War Memorial
at Anita Gorman Park is also on October 30 but the scheduling is such that
those wishing to do so could attend both events.
XIII. ADJOURNMENT
The
meeting adjourned to executive session at 7:59 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk