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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

 

VII.      CONSENT AGENDA

 

A.                 APPOINTMENTS

 

Board of Adjustments

Reappoint Diana Wheeler to a term expiring 04-01-11.

 

Tree Board

Appoint Chad Bartlett to a term expiring 12-15-06.

 

Council Member Hadden moved to approve the appointments.  Council Member Hester seconded the motion, which carried unanimously.

 

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.

 

X.         OTHER BUSINESS

 

A.        PURCHASE OF COMPUTER EQUIPMENT FROM HEWLETT PACKARD IN AN AMOUNT NOT TO EXCEED $37,638 – MOTION

 

Council Member Coe moved to approve the purchase.  Council Member Hadden seconded the motion, which carried unanimously.

 

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