CITY COUNCIL MEETING
MINUTES
MONDAY, APRIL 24, 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 April 24, 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 LeRoy Coe
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 and Bill Parker, Ward IV. Also in attendance were Curt Wenson, City
Administrator; Cynthia Boecker, Assistant City Administrator; Steve Hansen,
Public Works Director; Brian Hess, City Engineer; Craig Knouse, Police Chief;
Gary Birch, Fire Chief; Mike Snider, Deputy Fire Chief; Linda Tyree, Finance
Director; Kathy Goode, Finance Manager; Marcella McCoy, Finance Manager; Diana
Adams, Financial Analyst; Dee Mizell, Financial Analyst; Chris Deal, Parks
& Recreation Director; Dennis Dovel, Sports Complex Manager; Steve Rulo,
Parks & Open Space Manager; Dan Fernandez, Planner; Tony Sage, Information
Services Manager; Sara Cooke, Public Relations Coordinator; Angie Borgedalen,
Liberty Tribune; Tanya Fogg Young, The Kansas City Star; and 22 members of the
public.
IV. APPROVE
MINUTES AND SUMMARIES
A. REGULAR SESSION MINUTES OF APRIL 10, 2006
Council Member King moved to approve the minutes as
distributed. Council Member Hadden
seconded the motion, which carried 7-0-1.
Council Member Parker abstained due to absence.
B. EXECUTIVE SESSION MINUTES OF APRIL 10, 2006
Council Member Coe moved to approve the minutes as
distributed. Council Member Hadden
seconded the motion, which carried 7-0-1.
Council Member Parker abstained due to absence.
V. CITIZENS’ PARTICIPATION
A. Mayor
Steinkamp read a proclamation declaring May 4, 2006 as Liberty Day of Fasting and Rejoicing and invited
all to participate in the day and to break their fasts by attending the
Community Prayer Breakfast at the Community Center on Friday, May 5,
2006.
B. PRESENTATION
OF MISSOURI ARBOR AWARD OF EXCELLENCE BY RECIPIENT
TREELIBERTY
Steve Karol, Helene Miller, Brian Kelley, Michael
Cheek and Neal Shoger, representing TreeLiberty, presented the Mayor and City
Council with the Missouri Arbor Award for Excellence in Organization, which was
received by the group earlier this month.
Mr. Karol stated the volunteer group wished to share this award with the
City, because the Council had been so supportive of the group’s mission and
efforts. Mr. Cheek stated this effort
came out of the Blueprint for Liberty, which encourages the planting of street trees.
Mr. Karol also announced an event celebrating Arbor
Day will begin at 10:00 a.m. on Friday,
April 28 at Alexander Doniphan Elementary
School and
all are invited to participate.
Mayor Steinkamp thanked the group for its efforts and
for sharing the award with the City.
Mayor Steinkamp then recognized boy scouts from Troop
#418. Johann Muñoz and Michael Wood,
attending the meeting with Michael’s father Mitchell Wood, are working on their
communications and citizenship badges.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
A. *REZONING
& PRELIMINARY PLAT FOR COMMERCIAL DEVELOPMENT IN LIBERTY INDUSTRIAL
PARK - ORDINANCE
Planner Dan Fernandez stated the application by Kaw
Valley Engineering for Ferguson Properties was to rezone 4.33 acres from M-1,
Light Industrial District, to C-2, General Business District and for a
preliminary development plan for a project east of Withers Road, between Kent Street and Progress Drive. He stated the
Future Land Use Plan (FLUP) denotes the property for business and would allow
manufacturing, office or commercial uses.
He cited recommendations in the FLUP, noting all existing and future
neighborhoods should be designed with a high degree of connectivity between
land uses. The FLUP also states that a
mix of land uses contributes to a more balanced, self-sufficient city and
infill development is encouraged. Staff
believes retail to be an appropriate use for the site.
Mr. Fernandez stated the preliminary development plan
currently shows nine retail buildings, ranging in size from 4,063 square feet
to 10, 800 square feet with a total of 76,093 square feet of retail space
proposed for the project. Common areas
and water features are included in the preliminary design. A left-turn lane on Withers Road onto Progress Drive and a crosswalk at Kent Street across Withers Road are required and will be addressed in the final
development plan. Mr. Fernandez reviewed
the landscaping, which includes removing existing vegetation and plantings of
ornamental and shade trees along the streets as well as within the site.
The application conforms to the Future Land Use Plan
and the Planning & Zoning Commission unanimously recommended approval.
Council Member King asked if the wet ponds would also
handle storm water. Mr. Fernandez said
they would. Council Member Hester asked
about the existing special use permit, which does not sunset until the end of
the year. Mr. Fernandez stated it is up
to the property owners, who can bring forward the plan they choose to pursue. Mayor Steinkamp stated the owners could
respond to that question in their presentation.
Council Member Phillips asked where the property is in relation to the
recently approved senior housing project.
Mr. Fernandez said this development is south of that property.
Mayor Steinkamp opened the public hearing and asked if
anyone wished to speak in favor of the application. Michael Osbourn, Kaw Valley Engineering,
14700 West 114th Terrace, Lenexa,
Kansas, introduced others representing the applicant from Ferguson
Properties, J Price Architecture, and Billings Construction. He stated the rezoning request is only for
half the property as the northern half is already zoned C-2. This rezoning will allow the applicant to
have a uniform plan for the entire nine acre property. He stated it is better to have one project
for continuity. Mr. Osbourn noted this
is to be a neighborhood center and the site design includes three entrances to
the property with all facilities facing inward to give the property more of a
neighborhood feel. Mr. Osbourn responded
to the question about the ponds, stating they were adequate to handle storm
water and will be wet bottom ponds to provide an aesthetic feature. He added that there is an opportunity with
the property’s terrain to provide both detention and retention with the
ponds. He stated the applicant
understands the requirement for the left turn lane. Mr. Osbourn stated the applicant has no
intention of putting in a miniature golf course, as is allowed under the
existing special use permit.
Council Member Hester asked how the applicant intends
to make the significant ditch on the property into two ponds. Mr. Osbourn stated there will be two outlet
ponds with pipes designed to detain water and let the surplus pass through. Jeff Price, J Price Architecture, 105 West Kansas, Suite C, added that the pipes would divert storm
water under Progress
Drive and
not into the ponds. Council Member
Martin asked when the work would begin, if the rezoning is approved. Mr. Osbourn stated a final development plan
would be brought forward as soon as possible.
Mr. Price stated that the applicant had several
meetings with City staff and were encouraged to bring the application forward
as one site, from Kent
Street to Progress Drive. He stated the
design creates two large quads and the buildings turn their backs to Progress Drive and Kent Street. The buildings
will be finished on all four sides and the doors on the back side will be for
emergency exit only. There will also be
decorative trellises around the entrances.
The design calls for them to be broken into 60-foot pods. Pedestrian slowing devices are part of the
design as well as gazebos. The plan is
to design an area where people can get out of their cars and go into more than
one building. Cafes and green space are
included. The plan looked carefully at
the Blueprint for Liberty.
Council Member King asked about the pedestrian slowing
features. Mr. Price stated there are
gazebos and pavement treatments to slow cars on the site. Mr. King asked if the gazebos are where
people could gather. Mr. Price said they
were. Council Member Hester asked how
deliveries and trash pick up would be accomplished. Mr. Price stated the design was for unloading
at the front of buildings and the dumpsters are hidden. Mrs. Hester asked about the types of stores
anticipated. Mr. Price stated the
development would be designed for local service stores, such as small cafes,
barbershops, or drycleaners. This would
not be for high traffic volume and there would not be a McDonald’s type
restaurant. Service-oriented businesses
are anticipated.
Council Member King asked if there would be special
crossings for the seniors to the north.
Mr. Osbourn stated a crossing would be added across Withers Road and there would be sidewalks along streets with
multiple access points to the site. Mr.
King asked why no median break is designed near the west entrance. Mr. Osbourn stated that would hamper traffic
and was not appropriate.
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.
Joe Mallon, 1054 Wellington Way, stated he appreciated the applicant’s effort to make
the property more attractive. He said he
believed C-2 was not an appropriate zoning for this property. He said his home is directly across from
where the Progress
Drive
entrance would be and C-2 zoning will bring more traffic. He stated this is a quiet neighborhood
because the industrial businesses generally operate only during the day. He liked the plan presented but asked that
the property in the southern portion be left M-1 for industrial use.
Mayor Steinkamp asked if anyone else wished to speak
in opposition to the application. Seeing
none, he closed the public hearing and returned discussion to the Council.
Council Member King asked Mr. Hansen why there was no
median break at this location. Mr.
Hansen stated that is typically not allowed and there is also a light pole at
that location so the design without a median break is appropriate. Council Member Hester asked for clarification
that, once the zoning was changed, any business permitted in C-2 zoning would
be allowed. Mr. Fernandez stated that
was correct and anything over 10,000 square feet would require Council
approval.
Council Member Parry asked if more buffering along the
street would satisfy Mr. Mallon’s concerns.
Mr. Mallon stated he would appreciate that. Council Member Hadden asked about the buffer
distance. Mr. Mallon stated his lot
extends to the street.
Document No. 6517 was read. Council Member Hadden 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 Hester
seconded the motion. Council Member
Phillips stated he appreciated the sensitivity of the architecture with a high
level of quality and the attention to the Blueprint for Liberty. He stated the
development would be an asset to the City.
Council Member Martin asked who would be responsible for adding more
buffering. Mr. Fernandez stated that
could be added as a condition when the final development plan is
considered. Mr. Osbourn stated the
applicant would work with the neighborhood on landscaping. The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No.8972.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM MARCH 31, 2006 THROUGH APRIL 14, 2006 – ORDINANCE
Document No. 6518 was read. Council Member King moved to approve the
ordinance. Council Member Coe seconded
the motion.
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 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.
8973.
B. ADOPTION
OF NEW TELEPHONE TAX RATES IN COMPLIANCE WITH STATE LEGISLATION – ORDINANCE
Document No. 6519 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Phillips seconded the motion, which carried unanimously.
Council Member Martin 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. 8974.
C. CONTRACT
WITH CLAY COUNTY SANITARY & DITCHING IN AN AMOUNT NOT TO EXCEED
$311,765.71 FOR CRAIG CREST NEIGHBORHOOD IMPROVEMENTS – ORDINANCE
Document No. 6520 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 Martin moved to approve the
ordinance. Council Member Hester
seconded the motion. Council Member Coe
asked when the project would begin. City
Engineer Brian Hess stated that there are three temporary construction
easements still being negotiated and once those are obtained, a
pre-construction conference will be scheduled.
Council Member Parry asked for the breakdown of costs in the budget. Mr. Hess stated he did not have the exact
figures but could provide that. Council
Member Martin stated that it appeared there would be a savings on this project
of approximately $94,000 and that is good for the Liberty 2010 program. The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8975.
D. ACCEPTANCE
OF SANITARY SEWER AND STORM DRAINAGE EASEMENTS FOR OAKWOOD BUSINESS PARK, TRACT 5 – ORDINANCE
Document No. 6521 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 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. 8976.
E. SETTLEMENT
AGREEMENT WITH JOHN AND JUDITH FERGUSON IN CONNECTION WITH THE SOUTH LIBERTY PARKWAY TRACT 1 AND 1A CONDEMNATION EXCEPTIONS – ORDINANCE
Document No. 6522 was read. Council Member King moved to waive the rules
and consider the ordinance on first reading.
Council Member Coe seconded the motion, which failed, due to lack of
unanimous approval.
Council Member Parry stated he had not voted to
consider the ordinance on first reading because he wanted clarification of what
funds are being used. Mr. Hansen stated
the same funds would be used as those that paid other condemnation awards for
the South
Liberty Parkway.
Council Member Hester asked about the award by the
commissioners and the additional payment under this settlement. Mr. Hansen reviewed the history of the
condemnation proceedings and the court award of $189,000, after which both
parties filed exceptions to preserve their rights to appeal. Efforts at mediation were unsuccessful but
the City staff and legal counsel continued negotiations. In condemnation cases,
consideration must be given to the amount of exposure and cost to the City should
the case go through the courts. In
addition to a higher payment than called for in this settlement agreement,
taking the case through the court would also require staff time and legal fees,
adding to the ultimate cost of the condemnation. This settlement keeps the City’s exposure to
a minimum and within the fair market value for the property. Because the City’s utilities would have to be
extended along South
Liberty Parkway
at some point in the near future, the additional agreement to extend water and
sewer lines to this property is advantageous to the City because it reduces
pressures in the south part of the City and allows development along the
Parkway as well. Mr. Hansen noted that,
while the City will cover the costs for the design of the sewer system, it will
ultimately recover those costs through a Neighborhood Investment District (NID)
or as development occurs. City Administrator
Curt Wenson stated this is a win/win situation and gets the utilities started
along the Parkway.
Finance Director Linda Tyree responded to Council
Member Parry’s question about the funds, noting that approximately $260,000 of
the funds for this project had been encumbered from previous years. Mr. Wenson added that it is important to
conclude this settlement in order to stop the rising costs, including
attorneys’ fees. Council Member Parry
withdrew his objection to considering the ordinance on first reading.
Council Member Martin asked what obligation the
developer had to construct the development and if there was a timetable. Mr. Hansen stated the earliest the
development could get started would be next year. He noted development is dependent on the
market and there are no guarantees of when the market would support new retail
development. That is one of the reasons
that it is important to conclude the legal matters on the condemnation cases so
that development can move forward.
Mr. Wenson stated without approval of the settlement
agreement, the court case is still pending.
The Tax Increment Financing (TIF) must also be developed and national
developers want these contingencies addressed before they get involved. Pending state legislation may also affect TIF
development. Council Member Martin asked
if the City has worked with other developers to form TIFs. Mr. Hansen stated the City had worked with
Lowe’s and LTD Enterprises in the Liberty Triangle and with Heartland
Meadows. Council Member Parker stated he
would like to see the entire South Liberty Parkway property included in any TIF that is developed. Mr. Hansen stated that has been considered but
initially it would just include the Ferguson property adjacent to the Parkway.
Council Member King stated this is not just about one
property, but the City is poised to move forward now with what previous City
Councils approved to build the South Liberty Parkway. This is the key to unlocking the whole area.
Mayor Steinkamp stated that the motion to waive the
rules could be reconsidered. Council
Member King moved to waive the rules and consider the ordinance on first
reading. Council Member Parker 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. 8977.
F. MISSOURI
HIGHWAY SAFETY LAW GRANT APPLICATION – RESOLUTION
Council Member King moved to approve the resolution. Council Member Martin seconded the motion,
which carried unanimously and is inscribed in Resolution No. 2249.
G. *CONTRACT
WITH CONRAD FIRE EQUIPMENT IN AN AMOUNT NOT TO EXCEED $337,784.62 FOR PURCHASE
OF FIRE PUMPER TRUCK – ORDINANCE
Document No. 6523 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 Martin moved to approve the
ordinance. Council Member Phillips
seconded the motion. Council Member
Parry asked for confirmation that the $5,000 received on the pumper as a
trade-in would go back into the fire sales tax fund. Fire Chief Gary Birch stated that was
correct. He noted that Kansas City, Missouri, had just replaced several vehicles and had greatly
reduced the market for pumpers. Mr.
Parry asked if other fire vehicles were scheduled to be purchased in 2006. Chief Birch said this pumper truck and the
ambulance were the last two until 2009 or 2010. The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 8978.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr.
Wenson noted that Starbucks is having a ribbon-cutting on May 4. He stated that the Council will meet on May 8
in regular session and on May 18 in a special session and those will be the
only Council meetings in May.
XII.
MISCELLANEOUS
MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Martin said the opening of the South Liberty Parkway was wonderful but the 35 mph speed limit needed to be
reconsidered. Mr. Hansen stated that the
speed limit is determined by the design of the roadway and other parameters including
proposed land use. Part of the Parkway
is set at 45 mph and then the speed limit is reduced to 35 mph. Mr. Wenson stated that the speed limit will
seem more appropriate when development occurs and signals are installed.
Council
Member Hester asked about the reduced number of meetings, adding that she
appreciated receiving the updates. Mr.
Wenson stated that during his individual meetings with council members, several
had expressed a desire to cut down the number of meetings. He added he’s not aware of any cities the
size of Liberty that have four meetings a month and, since the
agendas are not that full, the number of meetings has been reduced.
Mrs.
Hester asked about the letters they had received regarding the Lear Corporation
closing. Mayor Steinkamp stated they had
possibly received the letter because some Liberty residents could be affected.
Council
Member Parker agreed the speed limit on the South Liberty Parkway should be reviewed.
Council
Member Coe asked if the speed limit could be raised until development
occurs. Mr. Hansen stated the speed
limits on the Parkway would be reviewed.
Council
Member Parry agreed the speed limit should be raised on South Liberty Parkway. Mr. Parry
stated he had forwarded his letter from Lear Corporation to the State Economic
Development Council because he is concerned about Ford as a whole.
Council
Member King thanked the Parks Department for its continuing assistance with the
Clay Ridge subdivision parks.
Mayor
Steinkamp congratulated Council Member Parry on being named one of the
community’s “40 under 40” by Ingram’s Magazine.
Mayor
Steinkamp stated there would be a ten minute break following adjournment before
the study session is convened.
XIII. ADJOURNMENT
The
meeting adjourned at 8:28 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy City Clerk