CITY COUNCIL MEETING
MINUTES
MONDAY, JUNE 26, 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 June 26, 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 Anna Marie Martin 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; 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; Brian Hess, City
Engineer; Craig Knouse, Police Chief; David Tedesco, Police Captain; Gary
Birch, Fire Chief; Linda Tyree, Finance Director; Kathy Goode, Finance Manager;
Diana Adams, Finance Analyst; Dee Mizell, Finance Analyst; Marcella McCoy,
Finance Manager; Steve Anderson, Planning & Development Director; Rebecca
Wymore, Planner; Dan Fernandez, Planner; Sara Cooke, Public Relations
Coordinator; Tony Sage, Information Services Manager; Jane Sharon, Deputy City
Clerk; Jason Noble, The Kansas City Star; Angie Borgedalen, Liberty Tribune; and
19 members of the public.
IV. APPROVE
MINUTES AND SUMMARIES
A. REGULAR SESSION MINUTES OF JUNE 12, 2006
Council Member Hadden requested corrections be made to
the minutes. On page 9, she asked that it
be clarified that no Operation Green Light proposals were considered and that
her comment regarding air quality be amended to reflect she stated Liberty’s air quality monitor readings are worse than for
other cities. Council Member King moved
to approve the minutes as corrected.
Council Member Martin seconded the motion, which carried 5-0-1. Council Member Coe abstained due to absence.
B. STUDY SESSION MEETING SUMMARY OF JUNE 19, 2006
Council Member Hadden moved to
approve the meeting summary as distributed.
Council Member Martin seconded the motion, which carried unanimously.
V. CITIZENS’ PARTICIPATION
Mayor
Steinkamp noted citizens present had requested to speak to two matters. Mayor Steinkamp placed a three-minute time
limit on those wishing to speak. He
asked for those wanting to address the expansion plans of the Liberty Christian Fellowship Church to speak first.
City Administrator Curt Wenson stated that the church is proposing a
3,300 square foot expansion on its property and a plan is being reviewed
administratively by staff because it is less than 10,000 square feet and
therefore does not require the Planning & Zoning Commission and Council
consideration. He noted a meeting had
been scheduled in the Council Chambers for Friday, June 30, at 9:00 a.m. for residents and church representatives to discuss
the plans with City staff. Mr. Wenson
stated the staff had sent comments in a letter to the church and the plans are
currently being revised before being resubmitted to the City. He stated that churches are like schools in
that they may operate in residential areas.
With any plans to build, however, churches must follow City
requirements, just like any other applicant.
If the church wanted to operate a business out of this property, it would
first have to get the property rezoned from its current residential
zoning. He stated that Aquila
or any other utility company can move its own utility lines without any City
process as long as the move doesn’t take place on public property. Mr. Wenson stated that the church is planning
an expansion of current parking to add 40 spaces, but that was in the initial
plans, which could change.
Keith
Tompkins, 1000 Amesbury, stated he lives in Canterbury and sent a letter to members of the City Council because
he is concerned about the secretive manner in which the church has proceeded,
without notifying any of the nearby residents.
He stated the property is in a 100-year flood plain and the plans call
for both an expanded building and raised parking lot. Mr. Tompkins stated there will be run-off
problems as well as problems from the added lighting, traffic and
pollution. He asked Council Member Parry
if he could have a business in the back of his residential property and Mr.
Parry responded he could not. Mr.
Tompkins gave Mayor Steinkamp petitions signed by residents in the area.
Mayor
Steinkamp clarified that speakers should direct comments and questions to him and
not address the council members directly.
Dick Byerley, 924 Amesbury, stated he thought it was a good idea when
the church bought the residence to the south of the church two years ago. He said he appreciated the City offering him
and the others present this evening an opportunity to speak, but expressed
concern that the residents would not have known about this project beforehand
had it not been for Aquila working on utility lines. He asked the Council to go onsite and look at
the area that is in a flood plain. Mr.
Byerley stated that expanding parking will only add to the problems for his
neighbors with respect to storm water runoff.
He asked the Council to get involved, instead of having staff review and
rubber stamp the plan. He handed letters
to the mayor to distribute to the Council.
Nancy
Masciovecchio, 1118 Amesbury, stated that she is already dealing with the flood
plain issue and has lost part of her back yard to erosion. She stated this plan will increase the
problem. Ms. Masciovecchio handed photos
to the mayor, which he stated he would have available at the Friday meeting,
after giving Council an opportunity to see them. Ms. Masciovecchio clarified that the photos
were taken from her property facing the creek and that the spillway is up
further from her property.
Kim
May, senior pastor for the Liberty Christian Fellowship Church, stated he returned from vacation to learn of the
residents’ concerns. He stated the
church will work with the City and the residents regarding the church
plans. He noted the expansion is much
less than 10,000 square feet, the church is not planning to put a business into
the building and they are not considering a playground at this time. He stated that property values increase, not
decrease, when they are near a church.
Pastor May stated the church wants to work with the neighbors.
Mayor
Steinkamp stated again that a meeting has been scheduled on this matter for
Friday, June 30 at 9:00 a.m. in the
Council Chambers.
Mayor
Steinkamp asked those wishing to speak to the stop sign at Moss and Sunset to
limit their remarks to three minutes each. Julie Struble, 36 Moss Avenue, stated that the 4-way stop was changed to stop signs
on Moss. This means there is no slowing
down at the top of the hill, where there is a crosswalk. She expressed concern for the foot traffic. Ms. Struble stated she had spoken with Mr.
Hansen and he said the 4-way stop had never been warranted, but she does not
believe that is a good reason for removing it.
She stated it is a blind hill and drivers and pedestrians can’t always
see cars approaching until they are almost at the crosswalk. She stated that removal of the 4-way stop
makes the area unsafe. She added that
effect on the
school children walking to
school and any bus stops won’t be known until fall when school starts again. Ms. Struble stated she had been told the
4-way stop was put in after a failed petition and further review by staff. She asked the Council to consider replacing
the 4-way stop at this intersection.
Mayor Steinkamp asked for clarification of her comments about sight
distance. Ms. Struble said it is going
east to west and even the other direction as well.
Tom
Murdock, 14 Moss
Avenue,
stated he has pulled out of the alley between Moss and Fairview and cut people off, because he did not know the sign
had been changed. He asked what prompted
the removal of the 4-way sign, why it was put up in the first place and before
it was removed, why staff did not check into why
it was first installed. He expressed concern about possible accidents
because, even though the speed limit is 25, the traffic slowed down a little to
stop at the intersection. Now that is
not required, the traffic drives above that limit. He asked what the procedure would be to get
the 4-way stop back. The mayor stated
the Council would listen to comments now and consider the next steps later.
Jeff
Knold, 25 Moss
Avenue, gave
the mayor a petition signed by residents, and stated that he has three
school-age children who would be walking to Franklin School. He stated
that safety is his main concern with this intersection. He stated there have been a couple of
accidents there since the sign was changed.
Julie
Halsey, 33 South
Fairview Avenue,
stated that the sign has been a 4-way stop as long as she has lived there and
recently, reflector strips were added.
Ms. Halsey stated she enters Sunset from the alley and in the
wintertime, when the alley is not plowed, she has skidded into the street. She stated it will be more dangerous without
the 4-way stop at Moss. She added that
she was told the stop signs would be considered if a petition was signed by 75%
of the residents and asked how to determine if that number is met.
Mayor
Steinkamp thanked those commenting tonight and stated that staff would
follow-up on the matters mentioned.
VI. MEETING SCHEDULE
VIII. PUBLIC HEARINGS
A. *SOUTH LIBERTY CORRIDOR SECTION STUDY AMENDMENT TO COMPREHENSIVE
PLAN – RESOLUTION
Planner Rebecca Wymore reviewed the application to
amend the Comprehensive Plan by including the section study. She stated the South Liberty Parkway Phase I
Corridor Study was completed in 2003. At
the time it was presented in 2004, staff was directed by Council to work with
HNTB and expand the scope of the study including both Phase I and Phase II. Recommendations were gathered through public
input and a charrette was held in September 2004 to get community input
regarding the design and alignment of Phase II of the parkway. A land use charrette was held in April 2005
and on May 9, 2005 property
owners met to discuss the future land use plan for the parkway corridor. Overall, the discussion was positive and the
property owners had only a few revisions to the plan. On May 16, 2005, the City Council and Planning & Zoning
Commission met in a joint study session to review the plan. The alignment was generally accepted at that
time though it was not formally adopted.
HNTB incorporated the land use revisions into the traffic analysis and
economic analysis. A final draft of the
study was reviewed in a Council study session in February 2006 at which time
staff was directed to bring the study forward as an amendment to the
Comprehensive Plan. Ms. Wymore noted one
minor modification to the map, which was a residential area just south of Withers Road and is now shown as mixed-use, at the request of the
property owners in May 2005. She stated
the Planning & Zoning Commission voted unanimously to incorporate the South
Liberty Parkway Corridor Study into the Comprehensive Plan.
Council Member King asked if there were any changes
from the earlier draft to the one received with this staff report. Ms. Wymore stated it is the same.
Mayor Steinkamp opened the public hearing and asked if
anyone present wished to speak in favor of the amendment. Seeing none, he asked if anyone present
wished to speak in opposition to the amendment.
Seeing none, he closed the public hearing and returned discussion to the
Council.
Council Member King moved to amend the Comprehensive
Plan by incorporating the Section Study.
Council Member Martin seconded the motion. Mrs. Martin stated this document represents a
lot of foresight and planning and all citizens should see it. The motion carried 5-0-1 and is inscribed in
Resolution No. 2251. Council Member Parry
abstained.
B. LIBERTY TRIANGLE
1. *REZONE
8.8 ACRES FROM R-1C, STANDARD SINGLE-FAMILY RESIDENTIAL DISTRICT, TO C-2,
GENERAL BUSINESS DISTRICT – LOTS 33 & 34, NORTH HAVEN ESTATES, LIBERTY
TRIANGLE – ORDINANCE
Ms. Wymore stated the application was to rezone 8.8
acres in the Liberty Triangle to C-2, General Business District. The application meets all requirements for
adequate public facilities as the site will have access to sewer and water
systems. The site will have access to College Street and Blue Jay Drive. The purpose
of the application is to prepare the site for redevelopment with retail uses
and restaurants. Ms. Wymore continued,
stating that two recommendations in the Future Land Use Plan address the
Liberty Triangle. They include promoting
redevelopment of the Triangle and, as a Gateway to Liberty the Triangle should be designed in a distinguished
manner that creates a sense of arrival.
The Economic Development Plan encourages the City to be proactive in
assisting with the redevelopment of this site as a regional retail center.
Ms. Wymore stated the Planning & Zoning Commission
recommended approval of the application.
Mayor Steinkamp opened the public hearing and asked if
anyone 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.
Document No. 6541 was read. Council Member Hadden 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 King seconded
the motion. Council Member King asked if
the property to the right of this is already zoned for commercial
development. Planning & Development
Director Steve Anderson said it is. The
motion carried unanimously. It was
approved by the Chair and is inscribed in Ordinance No. 9000.
2. *FINAL
PLAT-REPLAT OF NORTH HAVEN ESTATES, THIRD PLAT – SHOPPES AT LIBERTY TRIANGLE – ORDINANCE (PUBLIC HEARING NOT REQUIRED)
Ms. Wymore stated this is a replat in the same general
area as the previous application and creates two lots. There is access to adequate public facilities
and direct access to Blue Jay Drive and College Street, both of which will be extended. The area is expected to develop with retail
uses and restaurants. The Planning &
Zoning Commission recommended approval.
Council Member Phillips asked if the deadend will be a
problem for the northwest corner property.
Ms. Wymore stated access to that property would be included in its
development.
Mayor Steinkamp asked if additional replats would need
to be brought forward. Mr. Anderson
stated that multiple buildings were permitted on one lot.
Document No. 6542 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 Coe seconded
the motion, which carried unanimously.
It was approved by the Chair and is inscribed in Ordinance No. 9001.
C. *SPECIAL
USE PERMIT FOR CONSTRUCTION OF A NEW 6-UNIT RESIDENT GROUP HOME AT IMMACOLATA
MANOR – RESOLUTION
Planner Dan Fernandez reviewed the application for a
new 6-unit residence building, a future residence and use of the Manor House
for conferences and retreats. The site
has direct access to Plummer Road and adequate public facilities.
The new residence building is going in just north of the current Manor
House. After that building is completed,
the Manor House will be used by the administration. A group home is included in this application
to be built in the future. The residence
building will be the same design as those included in a previous special use
permit. The application meets the
standards of review for a special use permit and the Planning & Zoning
Commission recommends approval of the special use permit with the stipulation
that the ratio of residents to staff workers remains the same.
Council Member Martin asked what would happen if the
future building was not built in the next two years. Mr. Anderson stated this special use permit
is for an indefinite period and the construction of the additional building is
not time limited. Mrs. Martin asked what
authority the City had to stipulate the ratio of residents to staff. Mr. Anderson stated any City involvement
would be complaint driven and that was a protection included in the special use
permits of the early 1980s. Mrs. Martin
commented it was like telling a business how it could operate.
Mayor Steinkamp opened the public hearing and asked if
anyone present wished to speak in favor of the application. Dennis Tuck, 12319 Moffet, Liberty, stated he is an architect for the project and the
plan is for expansion of buildings on the site.
Council Member Coe asked if the new residence would tie into the
existing building. Mr. Tuck said it
would not and there would not be any expansion of the Manor House. Mayor Steinkamp asked if there was anyone
present who wished to speak in opposition to the application. Seeing none, he closed the public hearing.
Council Member Phillips moved to approve the
resolution with the stipulation that the ratio of residents to staff would
remain the same. Council Member Hadden
seconded the motion, which carried unanimously and is inscribed in Resolution
No. 2252.
IX. ORDINANCES,
CONTRACTS AND RESOLUTIONS
A. ACKNOWLEDGEMENT
OF VENDOR PAYMENTS FROM JUNE 2, 2006 THROUGH JUNE 16, 2006 – ORDINANCE
Document No. 6543 was read. Council Member King moved to approve the
ordinance. Council Member Martin
seconded the motion.
Vote on the motion was as follows: Council Member Phillips – yes; Council Member
Martin – 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. 9002.
Document No. 6547 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 Martin
seconded the motion. Council Member King
asked for clarification of the interoperability function. Police Captain David Tedesco stated that this
allows those on different frequency to communicate in an emergency. Mr. King asked if additional equipment would
be required. Captain Tedesco stated that
was being purchased through the Mid-America Regional Council. Council Member Parry asked if this capability
had been available in the past. Captain
Tedesco stated that Clay County had a smaller system in place now. The motion carried unanimously. It was approved by the Chair and is inscribed
in Ordinance No. 9006.
XI.
MISCELLANEOUS
MATTERS FROM CITY ADMINISTRATOR
Mr.
Wenson stated there would be no meeting on July 3 and there are currently no
items for the regular session on July 10, so a study session may be added for
that date. On July 17 the Council will
consider several items in study session.
He also noted that soccer and baseball tournaments had been held at the
Fountain Bluff Sports Complex with 1,300 players participating.
XII. MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL
Council
Member Phillips expressed appreciation for the citizen input this evening and
asked the staff to consider creative traffic calming options when addressing
the stop sign issue, since the intersection is in a historic neighborhood. He also asked the staff to look into and
provide information about the cost of alternatives to use of road salt on the
streets.
Council
Member Martin stated that a lot of home owners had expressed valid concerns
about the 4-way stop at Moss and Sunset and she asked for some history. She stated that the road was a drag strip at
times before the 4-way stop was added and she has received complaints about
tires hitting curbs when they round the curve to Kansas Street. She stated
there should be some sort of control in the area.
Mayor
Steinkamp stated the issue could be addressed as a study session item on July
10. Mr. Hansen offered some background
noting that the 4-way stop had been added when improvements were made along
Sunset about 10-12 years ago. The 4-way
stop was not removed after the project was completed as a result of requests
from citizens in the area. There have
been numerous complaints about the 4-way stop being in place since that time. He noted that the 4-way stop does not really
slow down the traffic. He stated the
change to a 2-way stop is on a 90-day temporary order but the staff will act on
direction received from the Council. He
stated that an amendment to the City Code will be brought forward for Council
to consider and it will have the option to repeal the 4-way sign. Mr. Hansen stated that the 4-way stop sign is
not warranted, noting there is no 4-way stop at Fairview Avenue one block to the west. He stated the staff looks at the traffic
patterns and warrants being met in determining the placement of stop
signs. Mr. Wenson asked to let the staff
review this matter, including the liability associated with putting signs in
locations where they are not warranted.
Council
Member Martin asked if staff had received any requests to remove the 4-way stop
sign at this location. Mr. Hansen stated
those in favor of the sign being removed were happy.
Mayor
Steinkamp suggested further discussion on the matter at the July 10
meeting. Mr. Wenson stated that citizens
speaking to the matter this evening would be contacted by staff.
Council
Member Coe stated that the stop sign should slow traffic and the cross traffic
on Fairview, which is heavily traveled, can’t see oncoming
vehicles.
Council
Member Parry stated he would appreciate a clearer understanding of what makes
churches different from others building in residentially zoned areas and that
this being a staff review doesn’t help.
Mr. Wenson stated that the plan is still under staff review but the
church is held to no different standards than those currently in place. He stated the landscape buffer appears to be
in good shape and when the revised plans are submitted, some additional
questions can be addressed. Mr. Wenson
added that the UDO permits administrative review of plans under 10, 000 square
feet and this project is for 3,300 square feet.
He stated this standard is used by most cities. All this information will be laid out at the
meeting on Friday morning.
Mayor
Steinkamp asked for this item to be added for an update at the July 10 Council
meeting, unless a consensus is reached at the meeting Friday. He asked that the Council receive more
information about the matter before a decision is conveyed to the church. Mr. Wenson stated the staff would keep the
citizens involved as communication is very important.
Council
Member King asked about the relationship between the Farmer’s Market and the
City. He noted that a newspaper article
which indicated participation in the market is shrinking. Mr. Anderson stated that, while there is an
ordinance in place that permits the Farmer’s Market to operate the City does
not control that operation. The Farmer’s
Market Association establishes its own operating procedures. Mr. King expressed interest if finding ways
to attract people to the downtown the way Kansas City does with its market.
Mr. Wenson stated that HDLI could be encouraged to take this up and
discuss ways to increase participation. Council Member Hadden stated the
members of the Association have ongoing discussions about changing the
bylaws. Deputy City Clerk Jane Sharon
stated that both the agreement between the City and the Association as well as
the ordinance in the City Code might need to be reviewed, depending on what
changes were made in the Association’s bylaws to make sure all were consistent.
Council
Member King stated for the record that he would like the budget for roads to be
$1 million instead of $600,000. He also
asked for an update on the signal at 291 and Claywoods. Mr. Hess stated that the Missouri Department
of Transportation (MoDOT) is still reviewing the plan, following which bids for
the improvements will be let. Mr. King
stated that any progress would be much appreciated.
Council
Member Hadden stated that she had seen the use of concrete blocks with open
weave for parking areas. Mr. Hansen
stated that this could be considered, but the soil here is clay and does not
typically allow for the water to drain into the soil.
Council
Member Parry thanked the staff for getting Liberty Drive reopened to traffic.
Mayor
Steinkamp asked why the signal installation in the Triangle had been
delayed. Mr. Hansen stated electronic
controller equipment had not yet been received.
He added that this signal is the responsibility of a private contractor
and all are anxious to see the intersection open.
Mayor
Steinkamp reminded council members to contact staff for reservation to attend
the Westgate Division Missouri Municipal League dinner, when the civic awards
will be announced.
XIII. ADJOURNMENT
The
meeting adjourned at 9:24 p.m.
__________________________________
Mayor
Attest:
_____________________________________
Deputy
City Clerk