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CITY COUNCIL MEETING

MINUTES

MONDAY, JULY 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 July 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; Harold Phillips, Ward I; LeRoy Coe, Ward II; Juarenne Hester and John Parry, Ward III; 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; Chris Deal, Parks & Recreation Director; Steve Anderson, Planning & Development Director; Tony Sage, Information Services Manager; Rebecca Wymore, Planner; Dan Fernandez, Planner; Jonna Wensel, Preservation Planner; Janet Pittman, Executive Assistant; Angie Borgedalen, Liberty Tribune; Jason Noble, The Kansas City Star; and 15 members of the public.

 

IV.       APPROVE MINUTES AND SUMMARIES

 

A.        REGULAR SESSION MINUTES OF JULY 10, 2006

 

Council Member Phillips moved to approve the minutes as distributed.  Council Member Hester seconded the motion, which carried unanimously. 

 

B.         STUDY SESSION MEETING SUMMARY OF JULY 17, 2006

 

Council Member Coe moved to approve the meeting summary as distributed.  Council Member Phillips seconded the motion, which carried unanimously. 

 

V.        CITIZENS’ PARTICIPATION

 

VI.       MEETING SCHEDULE

 

VII.      CONSENT AGENDA

 

A.                 AUTHORIZE EXECUTIVE SESSION TO BE HELD JULY 24, 2006 IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR SESSION TO DISCUSS LITIGATION MATTERS AS AUTHORIZED BY SECTION 610.021(1) RSMo, REAL ESTATE MATTERS AS AUTHORIZED BY SECTION 610.021(2) RSMo AND CONTRACT MATTERS AS AUTHORIZED BY SECTION 610.021(12) RSMo – MOTION

 

Council Member Hester moved to authorize the executive session.  Council Member Phillips seconded the motion, which carried unanimously.

 

 

B.                 APPOINTMENTS

 

Historic District Review Commission

Appoint Amy Howard to a term expiring 07-01-2011

 

Parks & Recreation Board

Appoint Dr. Neil Kanning to a term expiring 07-01-2011

 

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

 

VIII.     PUBLIC HEARINGS

 

A.        REZONE 15.4 ACRES ALONG “H” HIGHWAY AND HAVENS PLACE TO R-5, GARDEN APARTMENT – ORDINANCE (to be continued to the August 28, 2006 regular session at the request of the applicant)

 

            Mayor Steinkamp opened the public hearing, noting the applicant had requested a continuance.

 

Council Member Phillips moved to continue to August 28, 2006.  Council Member Hester seconded the motion, which carried unanimously.

 

B.         *PROPERTY WEST OF WITHERS ROAD AND SOUTH OF THE COMMUNITY CENTER

 

1.         AMEND COMPREHENSIVE PLAN/MAP FROM CONVENTIONAL RESIDENTIAL TO TRADITIONAL RESIDENTIAL AND MIXED USE – RESOLUTION

 

Planner Rebecca Wymore reviewed the amendment to the Future Land Use Map.  At the June 26, 2006 meeting, Council approved an amendment to include the South Liberty Parkway Corridor Study in the City’s Comprehensive Plan.  This study included future land use map designations along the Parkway corridor, gathered from public input.  The subject property was included as conventional residential.  The applicant is proposing to amend the Future Land Use Map to include the subject property as traditional residential and mixed use.  The Planning and Zoning Commission recommended approval.

 

            Council Member Phillips asked why the staff report stated 14.3 acres and not 18 acres, as noted on the next item regarding the preliminary development plan application.  Ms. Wymore stated that a portion of the area will be set aside as parkland and that portion is not required to be rezoned.

 

            Mayor Steinkamp opened the public hearing and asked if anyone present wished to speak in favor of the application.  Bridget Herman, 1937 Surrey Street, stated she is the daughter of the applicants, Joe and Mary Jane Duffey, who unfortunately were unable to be present this evening.  Ms. Herman noted that with this multi-use land it is the hope of the property owners to follow what the Blueprint for Liberty forsees.

 

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 or had any questions.  Seeing none he closed the public hearing.

 

Council Member Phillips stated that this is a wonderful opportunity for a local developer to make this happen.

 

Council Member Coe moved to approve the resolution.  Council Member Hester seconded the motion, which carried unanimously and is inscribed in Resolution No. 2256.

 

2.         REZONE FROM R-1A, SUBURBAN RESIDENTIAL DISTRICT TO MU, MIXED USE AND RN, NEIGHBORHOOD RESIDENTIAL DISTRICT AND PRELIMINARY DEVELOPMENT PLAN – ORDINANCE

 

                        Planner Rebecca Wymore reviewed the application to rezone property immediately south of the Liberty Community Center currently zoned R1-A, Suburban Residential, to 3.69 acres of RN, Neighborhood Residential, and 10.78 acres to MU, Mixed Use.  Ms. Wymore stated the preliminary development plan proposed to leave 3.51 acres undeveloped as parkland along the western portion of the site.  In addition, the applicant is working with the City of Liberty Parks and Recreation Department and the Liberty School District for proposed future trail extensions and sidewalk access to the Community Center.  The proposed development will consist of single-family dwellings as well as retail lofts and office lofts.  The single-family detached lots will be developed on smaller lots allowing for more diversity.  Ms. Wymore stated the Planning and Zoning Commission voted to recommend approval.

 

                        Council Member Parker asked if there is just one access for this development.  Ms. Wymore stated there is one access point on the east and a future one proposed for the south as development would occur.  Ms. Wymore stated staff is working with the applicant to address traffic issues when the final plat comes forward.

 

Mayor Steinkamp opened the public hearing and asked if anyone present wished to speak in favor of the application.  Bridget Herman, 1937 Surrey Street, stated she is in favor of the application and would be happy to answer any questions.  Jeff Price, 1917 High Drive, of Jeff Price Architects stated that the applicants, based on the Blueprint for Liberty, envision this area that is close in proximity to the Community Center as the best place for this type of experiment.  He noted that depending on how interest develops, it will determine how the south portion is developed. 

 

Steve Warger, 44 NW Indian Lane, Riverside, stated his firm is working on the addition of a northerly entrance to access the Community Center.  He noted that though this is a conceptual design, this will be a very attractive development and they will be working to address traffic and pedestrian traffic concerns.

 

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 or had any questions.  Seeing none he closed the public hearing.

 

Document No. 6551 was read.  Council Member Coe moved to waive the rules and consider the ordinance on first reading.  Council Member Hester seconded the motion, which carried unanimously. 

 

Council Member Parry asked how many square feet will be retail.  Mr. Warger stated 30,000 sq.ft. plus lofts.  He noted the design is still conceptual.  Mr. Price stated that on the conceptual design the lower façade is retail with residential lofts and balconies above.  He noted they have developed images with a unified theme amongst the buildings.  Council Member Hester commented this is a fantastic idea and is great to get us running.


 

                        Council Member Parker asked if the development can come off of the Community Center as a second entrance.  Mr. Warger stated there would be a 60 ft. right-of-way entrance.  Council Member Parker asked if this would be sufficient for fire trucks to get through.  Mr. Hansen stated he would have to refer to Fire Chief Gary Birch for the turn radius of the fire trucks; however, these issues will be addressed when the final plat comes forward.  Mr. Warger stated that the 60 ft. right-of-way will be maintained.

 

                        Council Member Coe stated he thought he saw something mentioned about a wine tasting; however, he wondered if that would be possible given the proximity to the middle school. Ms. Herman stated that is a potential idea and the area would meet the distance requirements.

 

Council Member Hester moved to approve the ordinance.  Council Member Phillips seconded the motion, which carried unanimously.  It was approved by the chair and is inscribed in Ordinance No. 9010.

 

C.         *SPECIAL USE PERMIT FOR WELLNESS CENTER TO BE LOCATED AT 8 SOUTH PRAIRIE – RESOLUTON

 

                        Planner Dan Fernandez reviewed the application for a special use permit to operate a wellness center at 8 S. Prairie Street.  The business will employ two licensed therapists who currently run Massage Solutions at 249 W. Mill Street in Liberty.  In regards to parking, the business will be able to utilize the driveway, street and public parking lot.  Mr. Fernandez stated the applicants will not change the residential character of the house and the only changes will be aesthetic, such as landscaping. Mr. Fernandez stated that the application satisfied the six findings outlined in the City’s Unified Development Ordinance and the Planning and Zoning Commission recommended approval.

 

                        Council Member Phillips asked if the applicants own the property and, if not, what would happen to the special use permit in the event they moved out.  Planning and Development Director Steve Anderson stated that the special use permit covers the property, not the applicant, and any changes in use would require an amendment.

 

Mayor Steinkamp opened the public hearing and asked if anyone present wished to speak in favor of the application.  Ann White, 1799 Bittersweet Lane, Lathrop, stated she is one of the applicants and feels that strong town presence is essential and that small businesses such as this add to that feeling.

 

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 or had any questions.  Seeing none he closed the public hearing.

 

Council Member Phillips asked if there are ways to assist those who own the property to improve the outside of the home, perhaps through the use of tax credits.  Mr. Anderson stated staff will contact the owner.

 

                        Council Member Coe moved to approve the resolution.  Council Member Hester seconded the motion, which carried unanimously and is inscribed in Resolution No. 2257.


 

D.        *REZONE GARRISON CENTER, 502 N. WATER, ADDING HISTORIC PRESERVATION OVERLAY (LOCAL PRESERVATION DISTRICT) – ORDINANCE

 

                        Ms. Wymore reviewed the application that would designate Garrison School as a Liberty Historic Landmark.  A nomination of a landmark or district requires an application to amend the official zoning map of the City and thereby must be reviewed under the procedures of the UDO.  The Garrison School and surrounding neighborhood was listed as a National Register District in 1987 for its significance in Ethnic Heritage and Community Planning and Development.  The Garrison School is also significant for being the site of the only public education facility for African Americans in Liberty from 1880 through the 1950’s.

 

.                       Ms. Wymore noted that as a landmark, demolition of the building would require approval by the Historic District Review Commission (HDRC) and City Council.  Additionally, any changes to the exterior of the building would require review by the HDRC.  Ms. Wymore stated that the HDRC and the Planning and Zoning Commission recommended approval.

 

                        Council Member Phillips asked if this designation would apply to just the school and not the district.  Ms. Wymore stated that is correct.

 

Mayor Steinkamp opened the public hearing and asked if anyone present wished to speak in favor of the application.  A.J. Byrd, 431 E. Franklin, President of the Clay County African American Legacy, stated he would be pleased to answer any questions Council may have regarding the request.

 

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 or had any questions.  Seeing none, he closed the public hearing.

 

Document No. 6552 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Parker seconded the motion, which carried unanimously. 

 

Council Member Phillips stated he can’t speak strongly enough of this organization and their attempts to protect this building.

 

Council Member Coe 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. 9011.

 

E.         *APPEAL OF HDRC DENIAL FOR CERTIFICATE OF APPROPRIATENESS FOR A SIGN AT 11 EAST KANSAS – RESOLUTION (CONTINUED FROM JULY 10, 2006 REGULAR SESSION)

 

                        Mayor Steinkamp stated a request had been received from the applicant to continue consideration of the appeal. 

 

Council Member Phillips moved to continue consideration of the appeal to the August 14 meeting.  Council Member Hester seconded the motion, which carried unanimously.


 

IX.       ORDINANCES, CONTRACTS AND RESOLUTIONS

 

A.        ACKNOWLEDGEMENT OF VENDOR PAYMENTS FROM JUNE 30, 2006 THROUGH JULY 14, 2006 – ORDINANCE

 

Document No. 6553 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 Hester – yes; Council Member Parker – yes; Council Member Coe – yes; Council Member Parry – yes;   The motion carried unanimously; it was approved by the Chair and inscribed in Ordinance No. 9012.

 

B.         APPLICATION FOR STATE D.R.E.A.M. INITIATIVE – RESOLUTION

 

Council Member Phillips moved to approve the resolution.  Council Member Coe seconded the motion, which carried unanimously and is inscribed in Resolution No. 2258.

 

C.         ACCEPTANCE OF SANITARY SEWER EASEMENT – OAKWOOD BUSINESS PARK, TRACT 5 – ORDINANCE

 

Document No. 6554 was read.  Council Member Coe 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 Phillips seconded the motion, which carried unanimously.  It was approved by the Chair and is inscribed in Ordinance No. 9013.

 

D.        ACCEPTANCE OF SANITARY SEWER EASEMENT – NORTHWYCK BUSINESS PARK, LOT 1 – ORDINANCE

 

Document No. 6555 was read.  Council Member Phillips moved to waive the rules and consider the ordinance on first reading.  Council Member Coe seconded the motion, which carried unanimously.

 

Council Member Hester stated she had not heard of the Hospital Valley project before.  Mr. Anderson stated it is a building off of Rush Creek Parkway, south of the hospital, that was approved administratively.

 

Council Member Coe 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. 9014.

 

X.         OTHER BUSINESS

 

A.        REIMBURSEMENT OF OVERSIZED WATER MAIN EXPENSE FOR HOSANNA EVANGELICAL LUTHERAN CHURCH WATER MAIN EXTENSION – MOTION

 

                        Council Member Phillips moved to approve the reimbursement.  Council Member Hester seconded the motion, which carried unanimously.


 

B.         PURCHASE OF PARKS DEPARTMENT REPLACEMENT VEHICLE FROM CHUCK ANDERSON FORD IN THE AMOUNT OF $24,417.56 – MOTION

 

                        Council Member Parry asked if this is a 4x4.  Parks and Recreation Director Chris Deal stated it was not.   The vehicle is to replace a truck at the Community Center that was destroyed by vandalism.  Council Member Hester asked if someone just set fire to it.  Assistant City Administrator Cynthia Boecker stated that is correct, and the insurance proceeds were approximately $3,000.

 

                        Council Member Coe asked for the names of the other bidders.  Ms. Boecker stated this purchase was based on the quote received earlier this year for other vehicles. 

 

                        Council Member Parry stated a 4x4 is a more functional truck for the money.  Council Member Coe asked if the Parks Dept. ever removes snow.  Mr. Deal said it does.  Council Member Coe stated this is another reason to have a truck with a plow.

 

                        Council Member Phillips moved to approve the purchase.  Council Member Hester seconded the motion, which carried 3-2-0.  Council Member Coe and Council Member Parry voted in opposition.

 

C.         PUBLIC SAFETY SOFTWARE CONVERSION/UPGRADE – MOTION

 

Council Member Phillips moved to approve the purchase.  Council Member Hester seconded the motion, which carried unanimously.

 

D.        2006 OVERLAY PROGRAM

 

Mr. Hansen stated that due to street maintenance being noted as a priority in the DirectionFinder Survey and by the Council, and in anticipation of further increases in asphalt prices next year, staff has reviewed the feasibility of adding streets to the 2006 overlay program.  Mr. Hansen noted that as staff completed the final contract negotiations for this year’s program with Superior Bowen, both Water Street and College Street were dropped from the bids to bring the contract within the budget authorized by Council.  In addition, Leonard Street, Missouri Street and Gallatin Street were not included in the bid package as the estimated cost would have exceeded the available amount for the 2006 project.  To complete the overlay of the alternate streets not included in the 2006 overlay program, the contract with Superior Bowen would require additional funding in the amount of $450,000 to bring the total 2006 overlay expenditure to $1.06 million.  This funding is proposed to come from three sources within the Liberty 2010 program.  The Stormwater Financing Study – Third Phase; projected savings from the Craig Crest Neighborhood Improvement project; and the Liberty 2010 fund balance.

 

            Council Member Phillips asked if by using $211,000 from the third phase of the Stormwater Financing Study this amount would need to be added to next year’s budget.  Ms. Boecker stated that $3.6 million is available in the capital plan fund balance and this action would designate a different use for those funds.

 

            Council Member Parker asked about the cost of chip and seal for one mile of road.  Mr. Hansen stated that contract is separate from the overlay contract; however, based on this year’s contract it would be approximately $22,000.   Council Member Parker asked how many miles it would add to chip and seal Edgar Petty Road off of 69 Hwy.  Mr. Hansen stated that is approximately a mile of roadway; however, because this is a gravel road it would require a double seal costing more than the $22,000.  Mr. Hansen noted that with future interchange improvements in this area overlay could be an addition to the project that would result in a better roadway.

 

            Council Member Hester asked how much would be budgeted next year for overlay.  Mr. Hansen stated $590,000 would be included in the budget. 

 

            Council Member Parry asked if these are the worst roads.  Mr. Hansen stated that a pavement management system is utilized and each street is looked at.  The roads recommended are not necessarily the worst roads; however, roads identified are ones that will result in a prolonged service life and not just a temporary band-aid.

 

            Council Member Coe noted that it appears that a lot of work remains to be done on the Craig Crest project, and asked how overruns would be addressed.  Mr. Hansen stated that $45,000 would remain for potential overruns.  Council Member Coe stated that there was a brand new driveway poured in the area and wanted to know if that was part of the project or if the homeowner contracted with the contractor to have the work completed.  Mr. Hansen stated that Brian Hess will follow up on this and information will be provided to Council.

 

            Council Member Hester moved to approve the additions to the 2006 overlay program.  Council Member Parker seconded the motion, which carried 3-1-1.  Council Member Parker voted in opposition and Council Member Parry abstained.

 

XI.               MISCELLANEOUS MATTERS FROM CITY ADMINISTRATOR

 

City Administrator Curt Wenson noted that the August 7 Study Session would consist of a mid-year budget review and August 14 would be a regular session.  The August 21 Study Session would include a follow up on annexation.

 

XII.            MISCELLANEOUS MATTERS FROM MAYOR AND CITY COUNCIL

 

Council Member Coe stated he would like to thank Alicia Stephens of the Partnership for Community Growth and Development for the letter in the Kansas City Star.

 

Mayor Steinkamp stated that Council Member Coe would be attending the Clay County Coordinating Committee meeting Thursday evening.  He also reminded Council that the Boards and Commissions recognition event is August 19 at the Liberty Community Center.

 

Mayor Steinkamp noted that there would be an Executive Session in the Council Conference room immediately following the meeting.

 

XIII.     ADJOURNMENT

 

The meeting adjourned at 8:12 p.m.

 

 

                                                                                    __________________________________

Mayor

Attest:

 

 

_____________________________________

Deputy City Clerk