CITY COUNCIL MEETING
MINUTES
MONDAY, JANUARY 23, 2006
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 January 23, 2006 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 Curt Wenson, City Administrator; Cynthia
Boecker, Assistant City Administrator; Steve Hansen, Public Works Director;
Craig Knouse, Police Chief; Gary Birch, Fire Chief; Mike Snider, Deputy Fire
Chief; Chris Deal, Parks & Recreation Director; Steve Rulo, Parks &
Open Space Manager; Linda Tyree, Finance Director; Steve Anderson, Planning
& Development Director; Val Drogt, Special Projects Manager; Rebecca Wymore,
Planner; Jonna Wensel, Preservation Planner; Sara Cooke, Public Relations
Coordinator; Lyndsay Johnson, Management Analyst; Jane Sharon, Deputy City
Clerk; Angie Borgedalen, Liberty Tribune; Tanya Fogg Young, The Kansas City
Star; and 15 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES
Deputy
City Clerk Jane Sharon noted an error in the adjournment section of the draft
minutes from January 9, 2006 had been corrected prior to the packets being
distributed to most council members. The
draft stating that the meeting adjourned to executive session was corrected,
due to the fact that no executive session was held following the January 9
regular session. In addition, Ms. Sharon
noted the same error is in the officially approved special session minutes from
December
19, 2005, following which
there was no executive session.
Council
Member Martin moved to amend the minutes from the December 19, 2005 meeting to remove the incorrect statement about
adjourning to executive session. Council
Member King seconded the motion, which carried unanimously.
A. REGULAR SESSION MINUTES OF JANUARY 9, 2006
Council Member Hadden moved to approve the minutes as
distributed. Council Member Hester
seconded the motion, which carried unanimously.
B. STUDY SESSION MEETING SUMMARY OF JANUARY 17, 2006
Council Member Hadden requested the meeting summary be
amended to reflect the meeting location in the Council Chambers. Council Member Coe moved to approve the
meeting summary as amended. Council
Member Hester seconded the motion, which carried unanimously.
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp noted that several people had requested the opportunity to speak and
announced he would set the same time limit as in the last meeting of seven
minutes for each speaker. He stated that
this is an opportunity for individuals to make comments, rather than it being
an opportunity to yield time to another.
Fay
Bedinger, 232 W. Franklin, stated that she had operated businesses in Liberty since 1946.
She said it is not appropriate for people to be picked for boards and
commissions without an opportunity for the public to discuss the
selections. She also stated members of
City Council should not serve on other committees because it is a conflict of
interest. Mrs. Bedinger stated she had
spoken at the January 9 Council meeting about witnessing a meeting of Mayor
Steinkamp, Council Member Hadden and Council Member Hester and that another
citizen had witnessed another meeting.
She expressed concern about the Council having piecemeal meetings. She referred to a court case that said
holding a series of meetings without a quorum in each is a violation of the
Sunshine Law. Mrs. Bedinger stated the
Attorney General’s office had confirmed that piecemeal meetings violate the
law. She noted an Attorney General
opinion which states that volunteers must be appointed in open meetings. Mrs. Bedinger stated she hoped the Mayor was
being truthful in responding to her and that no council members had
participated in secret meetings. She
asked the council members to confirm on the record that they would not allow
such meetings. Council Member Coe stated
that was not possible because they could not control individuals’ actions. Mayor Steinkamp stated this was Mrs.
Bedinger’s time to talk. Mrs. Bedinger
stated she was finished with her remarks.
Mayor
Steinkamp stated that he had responded at the last meeting and in writing
previous to that. He said he hoped Mrs.
Bedinger’s intent was not to state that the Mayor misrepresented the
facts. He restated that the Mayor and
Council believe the Sunshine Law should be and was followed. His discussion with Council Member Hadden and
Council Member Hester was not a public meeting and was not an attempt to get
around the Sunshine Law.
VI. MEETING SCHEDULE
A.
APPOINTMENTS
Planning
& Zoning Commission
Appoint
Walter Holt to a term expiring 1-1-09
Council Member Hadden moved to approve the
appointment. Council Member Coe seconded
the motion, which carried unanimously.
B. AUTHORIZE
EXECUTIVE SESSION TO BE HELD JANUARY 23, 2006 IN THE COUNCIL CONFERENCE ROOM
IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS LITIGATION MATTERS AS
AUTHORIZED BY 610.021(1) RSMo; REAL ESTATE MATTERS AS AUTHORIZED BY 610.021(2)
RSMo AND CONTRACT NEGOTIATION MATTERS AS AUTHORIZED BY 610.021(12) RSMo –
MOTION
Council Member Hadden moved to authorize the executive
session. Council Member Coe seconded the
motion, which carried unanimously.
VIII. PUBLIC HEARINGS
A. *REZONE
42.5 ACRES TO C-2, GENERAL BUSINESS DISTRICT AND 27.4 ACRES TO MU, MIXED USE,
AND PRELIMINARY DEVELOPMENT PLAN FOR DEVELOPMENT OF WHITEHALL PLAZA LOCATED AT
I-35 AND SOUTH LIBERTY PARKWAY; [P&Z CASE NO. 05-052R&PDP; APPLICANT:
HNTB/John Ferguson] – ORDINANCE (continued
from the January 9, 2006 regular session.)
Planner Rebecca Wymore reviewed the application for
rezoning tracts at I-35 and South Liberty Parkway. She stated
that the areas along South Liberty Parkway were predominantly zoned R-1A, Suburban Residential
District, with a small section in Tract B that is RP-3, Planned Single-Family
Cluster Residential District. In Tracts
A and C, there is also land zoned C-2, General Business District. All of Tracts A and C are proposed to be
rezoned to C-2, allowing regional commercial development. Tract B would be rezoned to MU, Mixed Use
District, allowing residential and commercial uses in the same building as well
as attached single-family residential design.
Ms. Wymore reviewed the Future Land Use Plan, which
states that a variety of land uses should be established throughout the South Liberty Parkway corridor. It
also states this area should be designed in a distinguished manner as a Gateway
to Liberty. The conceptual
design in this application is consistent with the Gateway designation.
Ms. Wymore continued, stating that, in April and May,
2005, public input meetings were held regarding the future land uses for the South Liberty Parkway area. The
proposal for this particular section illustrates plans for regional commercial
and mixed uses. The overall suggestions
from these meetings were generally accepted in a joint study session of the
Planning & Zoning Commission and the City Council. The corridor study is expected to be brought
forward for formal consideration within a few months.
The preliminary development plan calls for mixed uses,
commercial development, and a small river walk, including over 680,000 square
feet of retail space and 120 residential units.
More detail will be provided when final development plans for each of
five phases are submitted for review.
Ms. Wymore stated that the Planning & Zoning Commission recommended
approval of the rezoning and preliminary development plan.
Mayor Steinkamp asked for a summary of each
phase. Brick Owens, HNTB, Kansas City, Missouri, stated that the first phase will be to establish the
main street along the parkway with pads and a larger store and bank to bring in
financing. Water and sewer construction and
the majority of the site grading will commence in the first phase. The second phase will bring the first big box
store and pursuit of tax increment financing.
The lifestyle center and end-line smaller shops are included in this
phase. The third phase addresses the
entry off 69 Highway with a roundabout, pad sites and a big box. The fourth phase includes the creek walk,
which incorporates the topography of the site, and storm water detention on
site. Mr. Owens said this is the most
ambitious of the phases, which also includes residential on upper floors and
underground parking. The first half of
the Flintlock extension is included in this phase and the applicant is asking
that it all be done. The fifth phase
anticipates Flintlock extension to be completed and another big box added with the
possible addition of a theater.
Council Member King asked if the creek walk and the
paved area for people to move across takes into account flooding issues. Ms. Wymore stated that this is the
preliminary plan and that would be addressed in the final development plan,
which will include the creek walk and storm water detention.
Council Member Phillips asked how much the preliminary
plan might change as the final development plans come forward. Ms. Wymore stated that a final development
plan will come forward with each phase and if any are drastically different
from what is approved, the preliminary development plan would come back to
Council for review.
Council Member Martin asked for clarification of
changes to the 69 Highway exit onto the South Liberty Parkway which goes down to one lane. Planning & Development Director Steve
Anderson stated that the number of lanes would be dependent on the interchange
work and the applicant has consulted with the Missouri Department of
Transportation (MoDOT), but the specifics will come later. Mrs. Martin stated she wanted to make sure
that issue would be addressed.
Council Member King stated this is exciting to see and
it is a well thought out design for Liberty. Council
Member Phillips asked about the square footage cited by the applicant. Mr. Anderson said the numbers were reflective
of the cumulative square footage in this location and in the Triangle.
Council Member Hester asked about the distance from
this development to the end of Phase I of the South Liberty Parkway. Public Works
Director Steve Hansen stated it is about two and a half miles.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak in favor of the application. Brick Owens, HNTB, thanked the City staff for
its assistance on this project. He
introduced John Ferguson, Jay Ferguson, Jeff Sharp, Mike Reuck, Bob Lewis, Dave
Matthews and Kip Strauss from the development team. He referred to 900,000 square feet of retail
space that is in demand in the area from Whitehall Station to Barry Pointe to
the Liberty Triangle. This development
will allow movement from Kansas City
to Liberty and he encouraged the City to keep going on the
projects within this area. He stated the
development was anticipated to cover a 9-year period with the last phase
completed in 2014. Mr. Owens stated the
completion of the Flintlock extension would speed up development and that
changes are based on the market. Charrettes
held in 2005 produced two ideas – the typical big box and the lifestyle
center. There will be paving along the
creek walk, which will allow for events.
The creek walk is about creating a memory and empowering the retail
consumer to stay and come back to the area, similar to the Plaza.
Council Member Parry asked what types of stores would
be in Phase I. Mr. Owens said they hope
to land national retailers, fast food restaurants, a bank and medium pad sites
for an Osco-style store with nichey things behind. The development will begin as soon as
possible. With approval, the plan allows
them to get more serious in negotiations.
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 and returned discussion to Council.
Document No. 6475 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Martin seconded the motion, which carried unanimously.
Council Member King moved to approve the
ordinance. Council Member Hester
seconded the motion. Council Member
Martin stated that this is a beautiful concept and is well laid out. She commended the design team and was pleased
to see the lifestyle center concept won out over the big box. Council Member Parry asked for clarification
of what would come to Council for review.
Mr.
Anderson
stated that anything over 10,000 square feet is reviewed by Council. Staff reviews any plan under that size. Plans must meet the terms of the ordinance
and be in substantial compliance with the conceptual plan. Mr. Parry asked if it is based on the vision
in the Blueprint for Liberty. Mr. Anderson
said it is and that is better defined in the Unified Development
Ordinance. The motion carried
unanimously. It was approved by the
Chair and is inscribed in Ordinance No. 8933.
Mike Reuck of the design team, commended staff for its
assistance and said this is a win win for the County and the City.
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM JANUARY 6, 2005 THROUGH JANUARY 13, 2006 – ORDINANCE
Document No. 6476 was read. Council Member Coe moved to approve the
ordinance. Council Member Hester
seconded the motion.
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. 8934.
B. *CERTIFICATE
OF APPROPRIATENESS FOR NEW CONSTRUCTION ON LOT
3, DOUGHERTY
PLACE,
DOUGHERTY HISTORIC DISTRICT – RESOLUTION
Preservation Planner Jonna Wensel reviewed an application
for new construction at 315 West Kansas in the Dougherty Historic District, which requires a
certificate of appropriateness. She
stated a single family residence is proposed on the vacant lot which is
bordered by Kansas
Street, a
creek and houses. An existing drive to
the east will be shared by the two properties.
The house will be a one-story over a raised basement garage and is
compatible in scale and size with the neighborhood. The infill project is desirable in the
historic district to complete the streetscape.
The Historic District Review Commission unanimously recommended
approval.
Council Member King asked if there are any
requirements regarding the shared drive.
Mr. Anderson stated that is a private situation and is addressed with
the sale of the property. Council Member
Hadden asked if there are a number of residences in that area that exhibit that
use. Mr. Anderson stated that was
correct. Council Member Parry asked if
there had ever been any structures on the lot.
Ms. Wensel stated that nothing had been found in the research. Council Member Hadden noted that when the
historic district overlay had first been written, there were a number of lots
that could be considered for infill.
This is a good thing to allow more people to live in the older areas of Liberty.
Council Member Phillips moved to approve the
certificate of appropriateness for new construction. Council Member Hester seconded the motion,
which carried unanimously and is inscribed in Resolution No. 2240.
C. *FEE
FOR SERVICES AGREEMENT WITH HISTORIC DOWNTOWN LIBERTY, INC. – ORDINANCE
Mr. Anderson stated that in October 2005 the Council
was approached by Historic Liberty Merchants’ Association and the Downtown Task
Force for seed money to promote the downtown.
These two groups joined into one after approval of the Downtown Master
Plan, which encouraged formation of such an independent group. Not for profit status as a 501(c)(3)
organization is pending. On February 9, 2006, a town meeting is scheduled by Historic Downtown
Liberty, Inc. (HDLI) at the Heritage Auction House to allow others interested
in the downtown to get involved. Mr.
Anderson stated that $35,000 was approved in the 2006 budget for this
purpose. The agreement, modeled on that
used in the Main
Street program,
states HDLI will: provide unified
advocacy and support for the downtown; develop and update a consistent
promotion and advertising program; encourage and promote historically
appropriate design strategies; and strengthen existing economic assets. Quarterly reports are to be received by the
City along with updated budgets. HDLI
has had conversations with the Kemper Foundation and anticipates the
possibility of grant funding from the foundation with Council approval of the
agreement. The payment schedule is for
one year, with the group expected to come back next year with an additional
request, allowing a good opportunity to review its progress.
City Administrator Curt Wenson stated the Main Street program is a proven program and an exciting concept. He stated it is a private-public partnership
and, when HDLI becomes self-sustaining, the City will play another role. Council Member Parry asked where the funds
were budgeted. Finance Director Linda
Tyree stated both this agreement and the funds for the Partnership for
Community Growth and Development agreement are budgeted under citywide
programs. Council Member Phillips asked
if there is any issue with the 501(c)(3) status. Mr. Anderson stated legal counsel has no
problem with the 501(c)(3) status pending.
Council Member King suggested adding the words “and
implementing” to the service of developing, promotional advertising. Mr. Anderson said that could be added. Mr. King asked where the design strategies
came from. Mr. Anderson said they are part
of the Main
Street
program through the National Trust for Historic Preservation.
Document No. 6477 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 Hester moved to approve the
ordinance. Council Member King seconded
the motion. Council Member Hadden stated
that she has been working with HDLI and serves on its executive board. Having disclosed that relationship, she
stated she would vote in favor of the ordinance. Council Member Phillips stated that Whitehall
Station and other developments can be a success because of the unified
promotion being proposed here. He stated
this agreement is very exciting. The motion
carried unanimously. It was approved by
the Chair and is inscribed in Ordinance No. 8935.
D. *FEE
FOR SERVICES AGREEMENT WITH PARTNERSHIP FOR COMMUNITY GROWTH & DEVELOPMENT
– ORDINANCE
Document No. 6478 was read. Council Member Coe moved to waive the rules
and consider the ordinance on first reading.
Council Member King seconded the motion, which carried unanimously.
Council Member Hester moved to approve the
ordinance. Council Member Martin
seconded the motion. Council Member
Phillips asked for clarification of City staff input mentioned in the agreement
with regard to surveying businesses. Mr.
Anderson stated that the surveys are anonymous but the staff participates in
conversations about strategies to get a representative group of businesses and
establish the concept of the survey. The
motion carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 8936.
E. *SALES
TAX REIMBURSEMENT AGREEMENT WITH SEARS – ORDINANCE
Mr. Anderson stated that Sear’s representatives regretted
not being able to attend, but the process had moved a little faster than they
anticipated. The proposal is for the
existing KMart store to be converted over the next few months to a Sear’s
Essential store. This would be a first
in the metropolitan area. Partnership Director
Alicia Stephens had contact with Sear’s at a conference and, since then,
representatives from Sear’s have met with City staff and the Partnership for
Community Growth and Development to determine what is needed for the project. The development is expected to bring in additional
sales tax revenues and add 40 new employees.
The agreement allows 100 percent of the increment above general sales
tax revenues to be reimbursed to Sear’s on an annual basis up to 10 years. Of that amount, 20 percent will come back to
the City for future improvements to Stewart Road and Conistor.
Sear’s is ready to submit plans for a $2 million renovation project that
is expected to be complete by early Summer.
The store will be open most of the time and all KMart employees are
being retained.
This sales tax reimbursement is like tax increment
financing, but the City is the only taxing jurisdiction involved. Mr. Anderson stated this is an appropriate
tool to revitalize the shopping center.
Staff recommends approval of the agreement.
Council Member Martin asked who made the first
contact. Mr. Anderson stated that Sear’s
talked to Ms. Stephens at the trade show, in which she participated along with
Kansas City Area Development Council (KCADC) and Missouri Economic Development
Council (MOEDC). Staff then followed up
afterward.
Council Member King stated this is a terrific and
direct result of the City’s involvement with the Partnership.
Document No. 6479 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 Hester moved to approve the
ordinance. Council Member Martin
seconded the motion. Mayor Steinkamp
stated he is pleased to see the benefits of working with the Partnership. This project is wanted and needed. He commended the staff and Ms. Stephens for
their work. This concept is desired by
many in the metropolitan area.
The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8937.
F. ACCEPTANCE
OF EASEMENTS – UPPER RUSH CREEK SEWERAGE IMPROVEMENT PROJECT – ORDINANCE
Document No. 6480 was read. Council Member King 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 Martin
seconded the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 8938.
G. ACCEPTANCE
OF EASEMENTS – CRAIG CREST NEIGHBORHOOD IMPROVEMENT PROJECT – ORDINANCE
Document No. 6481 was read. Council Member Phillips moved to waive the
rules and consider the ordinance on first reading. Council Member Martin seconded the motion,
which carried unanimously.
Council Member King moved to approve the
ordinance. Council Member Martin
seconded the motion. Council Member Coe
asked about the status of easements from the other five property owners. Mr. Hansen stated the staff is still
negotiating with property owners.
Council Member Parry asked for the amount budgeted for easements for
this project. Mr. Hansen stated that
acquisition of easements was not budgeted separately and is included in the
overall project budget. Mr. Parry asked
how much had been spent on easement acquisition with the Upper Rush Creek project. Mr.
Hansen estimated the amount to be approximately $97,000.
The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8939.
H. ESTABLISH
TERMS FOR AND APPOINTMENTS TO LIBERTY PARKS & RECREATION FOUNDATION ADVISORY COMMITTEE –
ORDINANCE (SECOND READING)
Document No. 6469 was read. 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. 8940.
I. AGREEMENT
WITH SKIP KINCAID FOR TREE INVENTORY – ORDINANCE
Document No. 6482 was read. Council Member Phillips 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 Hadden
seconded the motion. Council Member King
asked how many trees had been identified.
Management Analyst Lyndsay Johnson stated the number was estimated at
700. Council Member Phillips asked when
the inventory would be conducted. Ms.
Johnson stated Skip Kincaid is currently working with the City of Gladstone and it was hoped this inventory could be conducted in
early to mid-February. The motion carried
unanimously. It was approved by the
Chair and is inscribed in Ordinance No. 8941.
A. AUTHORIZATION
FOR SALE OF PIERCE PUMPER TRUCK TO COFFMAN BEN FIRE
ASSOCIATION IN THE AMOUNT OF $5,000 – MOTION
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr.
Wenson noted the annual Chamber dinner is scheduled for January 26. Assistant City Administrator Cynthia Boecker announced that Lyndsay
Johnson is returning to Wisconsin
and has tendered her resignation, effective February 3.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips stated that representatives from the police department, William Jewell College and neighbors were making progress in dealing with
the parking issues near the college campus.
Council
Member Coe expressed concern about vehicles speeding along Brown Street. He thanked
Ms. Johnson for her assistance during her tenure with the City.
Council
Member Parry added his thanks to Ms. Johnson for her service.
Council
Member King thanked Ms. Johnson for her service. He then talked about a presentation from Mark
Wittmer regarding emergency preparedness and noted that Independence makes use of volunteers for emergency response,
including monitoring sirens during testing; they also monitor lights that are
out. It was estimated that the 717
volunteers in Independence saved Independence $930,000 in expenses.
He suggested the Liberty
consider some type of volunteer program.
Council
Member Hester thanked the staff for getting the new chairs in the chambers.
Mayor
Steinkamp thanked Ms. Johnson for her service and extended best wishes from
himself and the Council. He noted the
Council would be meeting in executive session immediately following the regular
session. Mayor Steinkamp also reminded
those present of the HDLI meeting on February 9 and invited council members to
attend. The meeting begins at 6:00 p.m. at 117 West Kansas.
XIII. ADJOURNMENT
The
meeting adjourned at 8:24 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk